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HomeMy WebLinkAbout06-4-14-PCAPPROVAL OF THE AGENDA APPROVAL OF MINUTES May 7, 2014, Regular Meeting 05 -07 -14 PC.PDF PLANNING CASES Planning Case 14 -017 - Variance - 3441 Lake Johanna Boulevard (No Public Hearing Required) PC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF, ATTACHMENT F.PDF Planning Case 14 -019 - Zoning Code Amendment - Lighting Regulations (No Public Hearing Required) PC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF UNFINISHED AND NEW BUSINESS COMMENTS AND REPORTS PLANNING COMMISSION COMMENTS & REQUESTS Report From The City Council 6 -04 -14 - REPORT FROM THE CITY COUNCIL.PDF TCAAP Update PC 06 04 14.PDF, ATTACHMENTS.PDF ADJOURN A quorum of the City Council may be present at this meeting. Chair: Clayton Larson Commissioners: Angela Hames Andy Holewa Sam Scott Roberta Thompson Clayton Zimmerman Brent Bartel Steven Jones (Alternate) Council Liaison: Fran Holmes Planning Commission June 4, 2014 6:30 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651 -792 -7800 Website : www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. Agenda CALL TO ORDER 1. 2. 2.A. Documents: 3. 3.A. Ryan Streff, City Planner Documents: 3.B. Matthew Bachler, Associate Planner Documents: 4. 5. 5.A. 5.B. Matthew Bachler, Associate Planner Documents: 5.C. Jill Hutmacher, Community Development Director Documents: Prepared By Prepared By Prepared By Prepared By APPROVAL OF THE AGENDAAPPROVAL OF MINUTESMay 7, 2014, Regular Meeting 05 -07 -14 PC.PDFPLANNING CASESPlanning Case 14 -017 - Variance - 3441 Lake Johanna Boulevard (No Public Hearing Required) PC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF, ATTACHMENT F.PDFPlanning Case 14 -019 - Zoning Code Amendment - Lighting Regulations (No Public Hearing Required) PC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF UNFINISHED AND NEW BUSINESS COMMENTS AND REPORTS PLANNING COMMISSION COMMENTS & REQUESTS Report From The City Council 6 -04 -14 - REPORT FROM THE CITY COUNCIL.PDF TCAAP Update PC 06 04 14.PDF, ATTACHMENTS.PDF ADJOURN A quorum of the City Council may be present at this meeting. Chair:Clayton LarsonCommissioners:Angela HamesAndy HolewaSam ScottRoberta ThompsonClayton ZimmermanBrent BartelSteven Jones (Alternate)Council Liaison:Fran Holmes Planning CommissionJune 4, 2014 6:30 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. AgendaCALL TO ORDER1.2.2.A.Documents:3.3.A.Ryan Streff, City PlannerDocuments:3.B.Matthew Bachler, Associate Planner Documents: 4. 5. 5.A. 5.B. Matthew Bachler, Associate Planner Documents: 5.C. Jill Hutmacher, Community Development Director Documents: Prepared ByPrepared By Prepared By Prepared By Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, MAY 7, 2014 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Clayton Larson called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Clayton Larson, Commissioners Angela Hames, Andrew Holewa, Steven Jones (Alternate), Roberta Thompson, and Clayton Zimmerman. Absent: Commissioner Brent Bartel and Sam Scott. Also present were: City Planner Ryan Streff; Associate Planner Matthew Bachler; and Councilmember Fran Holmes. APPROVAL OF AGENDA – MAY 7, 2014 Chair Larson stated the agenda will stand as published. APPROVAL OF MINUTES April 9, 2014 – Planning Commission Regular Meeting Commissioner Holewa moved, seconded by Commissioner Zimmerman, to approve the April 9, 2014, Planning Commission Regular Meeting as presented. The motion carried unanimously (6-0). PLANNING CASES A. Planning Case 14-014; Variance; 1850 Venus Avenue – Not a Public Hearing City Planner Streff stated the applicant has requested a variance to construct a twenty-four (24) foot by thirty-eight (38) foot or 912 square foot garage addition to 1850 Venus Avenue that would encroach thirty (30) feet into the secondary front yard setback. ARDEN HILLS PLANNING COMMISSION – May 7, 2014 2 City Planner Streff reported that the applicants in this case own the property located at 1850 Venus Avenue. The property is Zoned R-1 Single Family Residential and is generally positioned north of County Road E2 West, south of Venus Avenue, east of Interstate 35W and west of Snelling Avenue North. The subject property is considered by the Zoning Code to be a corner lot, as it is situated at the corner of Venus Avenue and Rolling Hills Road. However, Rolling Hills Road is an unimproved City right-of-way that terminates approximately 200 feet south of Venus Avenue and is used solely for trail purposes. This area was platted in 1956 as Shorewood Hills Addition No. 6 and Rolling Hills Road was stubbed in for a future connection to County Road E2 West. The connection to County Road E2 West was never completed and is unlikely to be developed as the land to the south is within Tony Schmidt Regional Park and the need for an additional access to this subdivision is unwarranted at this time. Staff explained that the applicants are proposing to construct a twenty-four (24) foot by thirty- eight (38) foot or 912 square foot attached garage to the east side of the single family dwelling. The garage would be constructed between the existing dwelling and the east property line. As proposed, the new addition would encroach thirty (30) feet into the forty (40) foot secondary front yard setback along the platted right-of-way for Rolling Hills Road. The required forty (40) foot setback along Venus Avenue would be maintained along with the remaining rear and side yard setbacks. A variance to encroach thirty (30) feet into the secondary front yard setback is being requested, which would leave a setback of ten (10) feet from the east property line. City Planner Streff indicated that grading would be conducted along the north and east sides of the home in order to prepare the new garage pad and driveway, and to reclaim the existing driveway area back to a natural vegetative state. The site plan indicates that some amount of grading would occur in the City’s right-of-way along Rolling Hills Road. Any grading to be completed in the right-of-way would require approval by the City in conjunction with Grading and Erosion Control Permit. City Planner Streff stated that the applicants have indicated that the façade and roofing materials to be used on the new garage addition would match the materials on the existing home. Following the construction of the new addition the existing tuck-under garage would be converted to functioning living space, the existing driveway and stairway up to the front door would be removed and new landscaping would be installed. In order to create a finished look the façade area on the former garage would be designed to match the existing home so that a consistent exterior façade is maintained. Once removed the old concrete driveway area would be graded to match the existing grade along the front of the home. Two new trees would be planted to fulfill the Tree Preservation Ordinance and tree mitigation standards. Site Data Land Use Plan: Low Density Residential Existing Land Use: Single Family Detached Residential Zoning: R-1: Single Family Residential Current Lot Sizes: .3574 Acres (15,569 Square Feet) Topography: The east side of the has a fair amount of grade change in the location of the proposed garage ARDEN HILLS PLANNING COMMISSION – May 7, 2014 3 City Planner Streff reviewed the surrounding area, the Plan Evaluation and the Variance Evaluation Criteria. City Planner Streff provided the Findings of Fact for review: General Findings 1. The property is in the R-1 Single Family Residential Zoning District. 2. The lot is 15,569 square feet in size with approximate dimensions of 133.5 feet in width, and 116.5 feet in depth. Although the total square footage of the lot meets the requirements in the R-1 Zoning District the actual dimensions of the lot do not meet the minimum size requirements. 3. The existing dwelling and attached tuck-under garage meet all property line setbacks. 4. The proposed garage addition would encroach thirty (30) feet into the forty (40) foot secondary front yard setback along the right-of-way platted as Rolling Hills Road. 5. The proposed addition does not encroach into the rear yard setback or the front yard setback along Venus Avenue. 6. The platted section of right-of-way for Rolling Hills Road is used solely for the purposes of a city and county trail. 7. The unimproved right-of-way known as Rolling Hills Road extends approximately 200 feet from Venus Avenue, where it terminates at the adjacent property line for Tony Schmidt Regional Park. At this time, there are no plans to extend the right-of-way or construct a roadway in this area. 8. The existing garage would be converted into living space and the existing driveway would be removed if a variance is granted. 9. The proposed structure and landscaping coverages are within the zoning district requirements. 10. The dwelling with the proposed addition would not exceed the 35 foot height limit. 11. Single Family Dwellings are permitted structures within the R-1 Zoning District. 12. The existing dwelling and the proposed garage are outside of the 100-year flood plain, wetlands, and easements. 13. The property directly east of the subject property located at 1834 Venus Avenue encroaches into the secondary front yard setback along Rolling Hills Road approximately fifteen (15) feet. Variance Findings: 14. The proposal is in harmony with the purpose and intent of the Zoning Ordinance as the Ordinance generally allows flexibility for unique parcels and situations when impacts to surrounding properties are minimized. 15. The proposal is consistent with the Arden Hills Comprehensive Plan as it allows the reasonable use of residential property. 16. Single family dwelling are permitted and a reasonable use within the R-1 Single Family Residential Zoning District. 17. The lot has rather unique characteristics for a corner lot within the City. The property is situated on a corner lot, of which only one of the right-of-ways, Venus Avenue, consists of an improved surface. The right-of-way known as Rolling Hills Road along the east side of the property is unimproved and is used for trail purposes only. There are no plans at this time to extend or improve this right-of-way. ARDEN HILLS PLANNING COMMISSION – May 7, 2014 4 18. The proposed addition would be visible from neighboring properties; however, the addition would not be inconsistent in terms of setbacks and lot coverage requirements for typical non-corner lots. The property owner would match the materials used for siding and roofing to the existing dwelling, which should minimize the impacts on surrounding property owners. 19. The proposed addition is unlikely to have negative impacts to the property or to the neighborhood as a whole. Based on the proposed setbacks the property would function as a typical non-corner lot within the R-1 Single Family Residential District. The trail that has been constructed within the right-of-way of Rolling Hills Road is not likely to be affected by the proposed addition. 20. The proposed plans and variance request for the addition to the single family dwelling does not appear to be based on economic considerations alone. City Planner Streff stated that the findings of fact for this variance request support a recommendation for approval. However, if the Planning Commission chooses to make a recommendation for denial, the Findings of Fact would need to be amended to reflect the reasons for the denial. If the Planning Commission recommends approval on this variance, Staff recommends the following seven (7) conditions: 1. That the project shall be completed 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, shall require review and approval by the Planning Commission and City Council. 2. That the applicant shall obtain a Grading and Erosion Control Permit from the City before the building permit is issued. 3. That the final grade of the lot including the grade of the existing driveway shall be approved by the City. The final grade shall match the character of the neighborhood and the existing grade along the front of the home. 4. That grading shall not be allowed outside the property boundary lines without consent from the adjacent property owner. 5. That a tree preservation plan and financial surety or escrow for these improvements shall be submitted to the City before the building permit is issued. 6. That the structure shall conform to all other regulations in the City Code. That a building permit for the construction of the garage and a zoning permit for the construction of the driveway shall be required. 7. That the exterior façade of the addition and the existing garage area shall be the same color and use the same construction materials as the existing structure. The final façade shall be approved by the City Planner. City Planner Streff reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table ARDEN HILLS PLANNING COMMISSION – May 7, 2014 5 Chair Larson opened the floor to Commissioner comments. Commissioner Thompson requested further information on how the property will be graded. City Planner Streff reported this had been discussed with the City Engineer and he understands that the majority of the site would drain towards Venus Avenue to the north and to the east along the Rolling Hills Road right-of-way. Commissioner Holewa asked if this property abutted a City right-of-way. City Planner Streff stated that Venue Avenue and Rolling Hills Road are both City right-of- ways. He commented that City staff has discussed the possibility of vacating this right-of-way, which could eliminate the need for a variance. However, after discussion among staff, this was not recommended as a feasible option. Chair Larson stated if the right-of-way was vacated, the property would have to be divided between the two adjacent property owners. Commissioner Hames explained she lived across the street from the subject property. She indicated the original intention was to extend a road through between these houses with a cul-de- sac. She noted that a fire hydrant was located within the Rolling Hills Road right-of-way area. She stated for the record that she fully supported the applicant’s request. Commissioner Hames moved and Commissioner Zimmerman seconded a motion to recommend approval of Planning Case 14-014 for a Variance at 1850 Venus Avenue based on the findings of fact and the submitted plans, as amended by the seven (7) conditions in the May 7, 2014, report to the Planning Commission. The motion carried 5-1 (Holewa opposed). B. Planning Case 14-015; PUD Amendment & Site Plan Review – Boston Scientific – 4100 Hamline Avenue North – Public Hearing Chair Larson recused himself on this item. Associate Planner Bachler stated the applicant has requested a Planned Unit Development Amendment and Site Plan Review to construct a 730 square foot addition on the south side of Building 10 on the Boston Scientific Corporation Campus. Associate Planner Bachler reported that Boston Scientific is requesting a Master PUD (11th) Amendment and Site Plan Review to construct a 730 gross square foot addition on the south side of Building 10, which is located in the south central portion of the Boston Scientific Campus. Building 10 is also identified on the campus Master Plan as Building D. The purpose of the addition is to provide storage and support for ongoing product development and research. Associate Planner Bachler indicated that the addition would infill an existing paved courtyard and would match the adjacent roofline at approximately 13 feet above grade. The structure of the building would be concrete masonry with a steel beam and deck roof structure. The exte rior finish will be face brick with color and coursing to match the existing construction. ARDEN HILLS PLANNING COMMISSION – May 7, 2014 6 Associate Planner Bachler commented that the existing landscaped area where the addition will be constructed is turf grass with a mix of mature trees. All areas di sturbed by the construction will be restored to their previous condition. Building 10 is heavily screened from the south by a wooded wetland area located between the building and County Road F. The additional trees needed to meet the City’s landscaping requirements would be added on the east side of Innovation Way near the Cumming Park Drive turnaround. Site Data Land Use Plan: Light Industrial and Office Existing Land Use: Light Industrial and Office Zoning: I-1: Limited Industrial / PUD Overlay Size: 92.8 acres Proposed Density: N/A Topography: Level Associate Planner Bachler reviewed the surrounding area, Boston Scientific’s previous Planning Cases, Master Plan and the Plan Review. Associate Planner Bachler provided the Findings of Fact for review: 1. A Master PUD was approved for 4100 Hamline Avenue North in Planning Case #02-025. 2. The proposed 730 square foot addition to Building 10 was not included in the approved Master Plan and an amendment to the PUD is therefore required. 3. The Master PUD requires that a Site Plan Review be applied for prior to the construction of any building or addition. 4. The property is located in the I-1: Limited Industrial District. 5. The proposal is in conformance with the zoning and design standard requirements for the I-1: Limited Industrial District. 6. The applicant has provided a Parking Calculation Plan that shows adequate “Proof of Parking” spaces in the event that additional parking is needed. 7. The proposal is not expected to exceed noise limits set by the Minnesota Pollution Control Agency. 8. The proposal will not adversely impact the surrounding neighborhood or the City as a whole. Associate Planner Bachler stated based on the submitted plans and findings of fact, staff recommends approval of Planning Case 14-015 for a Planned Unit Development Amendment and Site Plan Review at 4100 Hamline Avenue North. Staff recommends the following three (3) conditions to be included with the approval: 1. The project shall be completed 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, shall require review and approval by the Planning Commission and City Council. 2. A PUD Amendment drafted by the City Attorney shall be executed prior to the issuance of a building permit. 3. The Master PUD Amendment and Site Plan Review shall automatically expire and become void one (1) year after the date on which the Council granted such approval if work on the project has not begun. Associate Planner Bachler reviewed the options available to the Planning Commission on this matter: ARDEN HILLS PLANNING COMMISSION – May 7, 2014 7 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table Vice Chair Thompson opened the floor to Commissioner comments. Vice Chair Thompson opened the public hearing at 6:57 p.m. Vice Chair Thompson invited anyone for or against the application to come forward and make comment. There being no additional comment Vice Chair Thompson closed the public hearing at 6:58 p.m. Vice Chair Thompson asked if the proof of parking would be sufficient to meet the needs of the site. Associate Planner Bachler explained that Boston Scientific has not had any issues with parking on the campus, and had reserved areas that could be developed into additional parking if there was an increase in demand. He indicated that staff was recommending that the proof of parking be accepted in lieu of additional parking stalls. Vice Chair Thompson questioned if there were noise concerns that should be considered with the proposed addition. Associate Planner Bachler stated this was discussed with Boston Scientific. He reported that one small additional rooftop unit would be added to Building 10. He did not anticipate that this unit would impact the surrounding properties as it was a substantial distance from neighboring properties. Commissioner Holewa moved and Commissioner Hames seconded a motion to recommend approval of Planning Case 14-015 for a Planned Unit Development Amendment and Site Plan Review at 4100 Hamline Avenue North based on the findings of fact and the submitted plans, as amended by the three (3) conditions in the May 7, 2014, report to the Planning Commission. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Planning Commission Comments and Requests None. ARDEN HILLS PLANNING COMMISSION – May 7, 2014 8 B. Report from the City Council Councilmember Holmes updated the Planning Commission on the City Council from the April 14, 2014, City Council TCAAP Work Session stating the City Council provided comments and feedback on the Draft Alternative Urban Areawide Review (AUAR) and Mitigation Plan for the TCAAP redevelopment. An AUAR is a form of environmental documentation through Minnesota State Rules that evaluates development scenarios for a geographical area rather than a specific project. The Mitigation Plan provides information on the actions which are advisable, recommended, or necessary to protect the environment and minimize potenti al impacts by the proposed development scenarios. Public comments on the Draft AUAR and Mitigation Plan will be accepted until May 28, 2014. The documents are available on the City’s website for review. The City Council will review the final AUAR and Mitigation Plan, including responses to public comments, on June 30. Final City Council approval is scheduled for July 28. At the April 21, 2014 Work Session, the City Council directed staff to update the existing contract with Eureka Recycling to transition the City’s recycling program to single stream collection. The switch to single stream will also allow for the collection of additional types of plastics. The recycling program will continue to use the green bins currently being used by City residents. Be fore any official changes to the program take place, educational materials will be provided to residents to ensure correct collection procedures. Councilmember Holmes noted that Eureka was aware of the organics collection mandate included in the Ramsey County Solid Waste Plan and that staff would have further discussions with Eureka regarding this when negotiating the contract extension later this year. At the April 28, 2014 Regular Meeting, the City Council approved Ordinance 14-004 rezoning parks and opens spaces managed by the City and Ramsey County as Parks and Open Space District, and Ordinance 14-005 rezoning portions of the Arden Hills Army Training Site as Conservation District. The City Council also approved Planning Case 14-012, which was a request from Hood Packing for a PUD Amendment allowing for the installation of an additional exterior storage tank on their property. The Planning Commission recommended approval of both of these planning cases at their April meeting. The City Council also approved the request brought forward by the City to vacate certain portions of right-of-way and easements in the area of Round Lake Road and Gateway Court, and to approve a Preliminary and Final Plat of the Gateway 2 nd Addition to correct and/or combine particular parcels. The Planning Commission recommended approval of this request at their April meeting. C. TCAAP Update City Planner Streff reported that during the months of January, February, and March, staff and consultants collected public comments on the draft Master Plan at meetings and events including:  Joint Development Authority meeting, January 6, 2014  Planning Commission work session, January 8, 2014  Public Open House, January 22, 2014  Five Cities meeting, March 10, 2014 ARDEN HILLS PLANNING COMMISSION – May 7, 2014 9  Development Interviews, January 30, February 20, and March 12, 2014 On April 14, 2014, the City Council reviewed a summary of public comments compiled by Kimley-Horn. On April 21, 2014, the City Council discussed recommendations from the Parks, Trails, and Recreation Committee (PTRC) for amenities needed within each park area. The PTRC recommendations, which were accepted by the City Council, can be summarized as follows:  Park areas in neighborhoods should include play structures, a gazebo, and off-street parking (located either in lots or in bump-outs along the public street);  Parks should be located nearer to center or at the entrance to residential neighborhoods so that park traffic is not routed through the neighborhood;  An adult athletic facility (softball and hockey) should be located adjacent to a County road. This facility should be lighted and ideally will have shared parking with adjacent businesses. City Planner Streff indicated that the City Council also discussed goals for the surface water amenity on April 21. Council comments included:  Pond areas should be well-maintained and should have water present at all times;  Ponds may be connected by natural areas or a “brook” environment;  Trails and benches should be included so that the surface water management can also be a site amenity. City Planner Streff explained that the City Council is scheduled to discuss residential densities and the flex space land use on May 19, 2014. In preparation for this meeting, the City Council was provided with suggestions for a self-guided mobile tour highlighting various types of residential and commercial development. Planning Commission members may be interested in the self-guided tour as well since it is relevant to upcoming discussions on zoning requirements and design standards for residential and commercial development. The City Council was also given three articles recommended by JDA Chair David Sand:  Mixed-Income Housing – Myth and Fact  Higher Density Development – Myth and Fact  Visualizing Density, Chapter One City Planner Streff reported that the City Council reviewed the draft Alternative Urban Areawide Review (AUAR) on April 14, 2014. The draft AUAR and Mitigation Plan was published in the Environmental Quality Board (EQB) Monitor on April 28, 2014. The document was also sent to adjacent cities, the Mounds View School District, Rice Creek Watershed District, the Minnesota National Guard, and other stakeholders and interested parties. Public comments on the draft AUAR and Mitigation Plan will be accepted until May 28, 2014. The City Council is tentatively scheduled to approve the final document on July 28, 2014. ARDEN HILLS PLANNING COMMISSION – May 7, 2014 10 City Planner Streff stated that Ramsey County, in cooperation with the City of Arden Hills, has solicited proposals from engineering consultants for development and design of TCAAP Site Infrastructure. The scope of services includes analysis, development, and preliminary and final design of on-site public infrastructure to support the redevelopment including major roadways, regional stormwater management facilities, sanitary sewer, and watermain. The consultant will also assist the County and City in developing a site grading plan, mitigating impacts to existing wetlands, and site platting. City Planner Streff commented that proposals are due May 1 and work is expected to begin by the end of the month. Getting the consultant started as soon as possible will enable coordination between the design of on-site infrastructure with adjacent interchange improvements in order to prepare the site for development in 2016. Both the County and City will participate in the cost of the consultant work as outlined in a cost sharing agreement. City Planner Streff indicated that the City submitted a Project Concept Plan, which is essentially a pre-application to the Livable Communities Demonstration Account (LCDA), on Thursday, May 1, 2014. The application includes a request for $1,605,000 in Livable Community Act (LCA) funds as follows: Use Description Request Sidewalks and Trails Sidewalks and trails from the North Gateway entrance through the Town Center $105,000 Lighting Pedestrian-scale decorative lighting at the North Gateway entrance and south through the Town Center $400,000 Landscaping Landscaping at the North Gateway entrance and along the spine road through the Town Center $250,000 Site Preparation and Grading Grading work associated with the remeandering of Rice Creek at the North Gateway entrance to restore natural creek alignment and floodplain and to accommodate amenities and local roadway connections $650,000 Architecture and Engineering Architecture and engineering for the design of improvements listed above $200,000 By June 2, 2014, the Metropolitan Council will notify the City if it will be invited to submit a full application. The deadline for the full application is June 30, 2014. City Planner Streff stated that TCAAP-related topics will be discussed at the following regular and special City Council meetings and work sessions. Planning Commissioners may choose to attend meetings to hear presentations and City Council discussion. May 12, 2014, Special Work Session at 5:30 pm, Community Room  Infrastructure Study Update and City Cost Participation Agreement  City TCAAP Finances Discussion May 19, 2014, Regular Work Session at 5:00 pm; Council Chambers  Ramsey County Financial Model  Residential Development and Densities ARDEN HILLS PLANNING COMMISSION – May 7, 2014 11  Flex Space Land Use Discussion May 27, 2014 (Tuesday), Special Work Session at 5:30 pm,  I-35W/Highway 96 Interchange Discussion June 9, 2014, Special Work Session at 5:30 pm, Community Room  Discussion topics to be determined (infrastructure, regulations and policies, etc.) June 16, 2014, Regular Work Session at 5:00 pm, Council Chambers  Review Revised Master Plan  Review Aesthetics for I-35W Bridges June 30, 2014, Special Work Session at 5:30 pm, Community Room  Review Final AUAR and Mitigation Plan June 30, 2014, Regular Meeting at 7:00 pm, Council Chambers  Approve Master Plan  Municipal Consent for I-35W/Highway 96 July 14, 2014, Regular Work Session at 5:00 pm, Council Chambers  Discussion topics to be determined (infrastructure, regulations and policies, etc.) July 21, 2014, Special Work Session at 5:30 pm, Community Room  Discussion topics to be determined (infrastructure, regulations and policies, etc.) July 28, 2014, Regular Meeting at 7:00 pm, Council Chambers  Approve Final AUAR and Mitigation Plan Staff anticipated that additional regular and special work session meetings will be scheduled to discuss regulations and policies, the infrastructure study, and other TCAAP issues. Future meeting topics will be defined as those dates draw nearer. ADJOURN Commissioner Holewa moved, seconded by Commissioner Thompson, to adjourn the May 7, 2014, Planning Commission Meeting at 7:24 p.m. The motion carried unanimously (6-0). City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-017 - Variance 3441 Lake Johanna Boulevard\Memo_Reports_14-017 Page 1 of 11 MEMORANDUM DATE: June 4, 2014 PC Agenda Item 3.A TO: Planning Commission FROM: Ryan Streff, City Planner SUBJECT: Planning Case #14-017 – No Public Hearing Required Applicant: Chad & Sasha Myers Property Location: 3441 Lake Johanna Boulevard Request: Variance Requested Action The applicant is requesting three (3) variances in order to reconstruct and expand a nonconforming accessory structure located at 3441 Lake Johanna Boulevard. 1) Expand the nonconforming structure from twenty-two (22) feet by twenty-two (22) feet to twenty-four (24) feet by twenty-six (26) feet and change the direction of the roofline from an east/west orientation to a north/south orientation. 2) Rotate the structure approximately fifteen (15) degrees to align the garage with the western property line and the angle of the existing home. 3) Encroach into the side yard setback an additional two (2) feet leaving a setback of approximately four (4) feet between the property line and the accessory structure. Background 1. Overview of Request The applicants in this case own the property located at 3441 Lake Johanna Boulevard. The property is zoned R-2 Single & Two Family Residential and is generally positioned north of Noble Road, south of Grant Road, east of Fairview Avenue North and west of Lake Johanna/Lake Johanna Boulevard. The property is located on a through-lot between City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-017 - Variance 3441 Lake Johanna Boulevard\Memo_Reports_14-017 Page 2 of 11 Fairview Avenue and Lake Johanna Boulevard and consists of a conforming single family dwelling and a nonconforming detached accessory structure. The applicants are proposing to reconstruct and expand the nonconforming accessory structure on the property from twenty-two (22) feet by twenty-two (22) feet to twenty-four (24) feet by twenty-six (26) feet, an increase of 140 square feet. Along Fairview Avenue, the proposed structure would encroach at the same distance along the entire length of the garage as a new alignment is being proposed to align the structure with the western property line. As proposed the roofline of the accessory structure would also change from an east/west orientation to a north/south orientation in order for the garage to be accessible from the existing driveway. The applicants have indicated within their narrative that the façade and roofing materials to be used on the new detached accessory structure would match the materials on the existing single family dwelling. Following the construction, an addition to the existing driveway would be added so that the new garage would be accessible from the current access to the property. The applicants have submitted a narrative of the proposed project and a response to the variance evaluation criteria (Attachment A), a survey and a site plan of the property (Attachment B), and garage elevations and building plans (Attachment C). 2. Site Data Future Land Use Plan: Low Density Residential Existing Land Use: Single Family Detached Residential Zoning: R-2: Single Family & Two Family Residential Current Lot Sizes: .35 Acres (15,241 Square Feet) Topography: The property has a fair amount of grade change as the lot slopes toward Lake Johanna. The area around the existing garage is fairly flat. 3. Surrounding Area Direction Future Land Use Plan Zoning Existing Land Use North Low Density Residential R-2: Single & Two Family Residential Single Family Detached Residential South Low Density Residential R-2: Single & Two Family Residential Single Family Detached Residential East Water – Lake Johanna Water – Lake Johanna Water – Lake Johanna West Low Density Residential R-2: Single & Two Family Residential Single Family Detached Residential City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-017 - Variance 3441 Lake Johanna Boulevard\Memo_Reports_14-017 Page 3 of 11 Plan Evaluation 1. R-1 Regulations, Existing Conditions, and Proposed Redevelopment A. Lot Size & Dimensions – Meets Requirements The main lot is 15,241 square feet in size with approximate dimensions of 100 feet in width, and 165 feet in depth and the smaller lot adjacent to Lake Johanna is approximately 520 square feet. Combined the two lots total 15,761 square feet. Although under common ownership, the property adjacent to Lake Johanna cannot contribute toward the total lot area for the main lot. B. Structure Setbacks – Variance Required The existing accessory structure on the property does not currently meet the setback requirements in the R-2 Zoning District and is therefore a nonconforming structure. The single family dwelling on the property meets the setback requirements for the R-2 Zoning District. The existing detached accessory structure is considered a nonconforming structure because of its location within the thirty (30) foot designated setback for a through-lot 1 1 Through-Lots. . The existing accessory structure encroaches between twenty-four (24) feet six (6) inches and twenty-nine (29) feet four (4) inches into the thirty (30) foot setback along the west property line, leaving a setback of five (5) feet six (6) inches at its furthest point and eight (8) inches at its closest point from the west property line. The existing accessory A lot that has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a through-lot, the determination of whether the street frontage is to be considered a front yard or rear yard shall be as subject to the provisions in the Zoning Code. The Zoning Administrator may determine that one of the front yards may be deemed a rear yard and shall determine appropriate rear yard setback regulations. Factors to be considered shall include topography, location of structures on the lot, location of structures on adjacent lots, and the type of streets or thoroughfares abutting the lot. Applicable R-2 Lot Requirements 1. Minimum Lot Area (sf.) 11,000 2. Minimum Lot Size (ft., width/depth) 85/120 3. Height (ft.) 35 4. Lot Covered by Structure 25% 5. Minimum Landscape Lot Area 65% 6. Minimum Building Setbacks (ft) Front Yard 40 Rear Yard (Principle) 30 Rear Yard (Accessory) 10 Side Yard Interior - Principal (Minimum/total both yards on lot) 5/15 Side Yard Interior - Accessory 10 Side Yard Corner 40 City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-017 - Variance 3441 Lake Johanna Boulevard\Memo_Reports_14-017 Page 4 of 11 structure encroaches three (3) feet eleven (11) inches into the ten (10) foot setback along the southern property line, leaving a setback of six (6) feet one (1) inch between the structure and the south property line. The Zoning Code permits detached accessory structures within this district; however, they are not permitted within the designated setbacks for a through-lot. As indicated by the applicant, the proposed accessory structure would encroach twenty- nine (29) feet four (4) inches into the thirty (30) foot setback along Fairview Avenue and an additional two (2) feet into the ten (10) foot setback along the southern property line. This would leave a setback of eight (8) inches from the west property line and a setback of four (4) feet three (3) inches from the south property line. The proposed structure would increase the footprint of the existing detached garage from twenty-two (22) feet by twenty-two (22) feet to twenty-four (24) feet by twenty-six (26) feet. This would be an increase of 140 square feet. As proposed the roofline of accessory structure would change from an east/west orientation to a north/south orientation in order for the garage to be accessible from the existing driveway. C. Lot Coverage – Meets Requirements The existing and proposed lot coverage does not exceed the lot coverage limitations of the R-2 Zoning District. The maximum lot coverage for impervious surfaces is 35% and the minimum landscape coverage is 65%. Proposed Lot Coverage = 33.66% Proposed Landscape Coverage = 66.34% D. Structure Height – Meets Requirements The Zoning Code states that accessory structures in the R-2 District shall not exceed fifteen (15) feet or the height of the principal structure to which it is accessory, whichever Existing Proposed Square Feet % Square Feet % House/Garage 2,314 15.18% 2,314 15.18% Accessory Structure 486 3.19% 624 4.09% Decks/Patios -- -- -- -- Driveway/Walkways 1,725 11.32% 2,193 14.39% Structural Coverage 4,525 29.69% 5,131 33.66% Landscaping Coverage 70.31% 66.34% Lot Size 15,241 City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-017 - Variance 3441 Lake Johanna Boulevard\Memo_Reports_14-017 Page 5 of 11 is lower. The proposed structure would not exceed the 15-foot height maximum for accessory structures. E. Structure Size – Meets Requirements The Zoning Code states that accessory structures associated with residential uses shall not exceed seven hundred and twenty-eight (728) square feet in floor area. Both the existing structure at 484 square feet and proposed accessory structure at 624 square feet do not exceed this requirement. F. Tree Preservation – Meets Requirements The proposed construction should not impact the trees on the property. If any trees are removed as a result of the project, the applicant will be required to meet the City’s tree preservation standards, and mitigation may be necessary. 2. Non-conforming Buildings A building found to be nonconforming because of height, setbacks or lot area, may continue to exist so long as it is used for the purposes permitted in the zoning district in which it is located and is in conformance with Section 1350.02. Nonconforming buildings shall not be expanded, but may be continued, including through repair, replacement, restoration, and maintenance. *Three variances are being proposed to address the nonconforming status of the accessory structure. 3. Through-Lots – Front Yard/Rear Yard Designation For properties determined to be through-lots, the Zoning Administrator may determine that one of the front yards may be deemed a rear yard and shall determine appropriate rear yard setback regulations. Factors to be considered shall include topography, location of structures on the lot, location of structures on adjacent lots, and the type of streets or thoroughfares abutting the lot. In 2010, when the new single family structure was built, Fairview Avenue (western property line) was deemed the rear property line and Lake Johanna Boulevard (eastern property line) was deemed the front property line based on prevailing setbacks of other principle structures in the immediate vicinity. This allowed for a reduction in the setback along Fairview Avenue City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-017 - Variance 3441 Lake Johanna Boulevard\Memo_Reports_14-017 Page 6 of 11 from forty (40) feet to thirty (30) feet based on the through-lot criteria stated in the Zoning Code. The rear yard designation along Fairview Avenue was appropriate when used for the placement of the principle structure on this lot. However, the same designation allowing ten (10) foot setbacks for the placement of an accessory structure along the west and south property lines is not currently supported by staff in this case, as there are no similar prevailing setbacks for accessory structures on similar lots in the immediate vicinity. Staff has reviewed the through-lot criteria and has determined that a rear yard setback of thirty (30) feet from Fairview Avenue and a ten (10) foot side yard setback from the southern property line are appropriate for accessory structures located within the rear yard. The thirty (30) foot setback designation has been based on the current setback of the principle structure and the location of other principle and accessory structures on adjacent lots in the immediate vicinity. 4. Flood Plain, Wetlands, and Easements The proposed addition is outside of any flood plains, wetlands, or easements. 5. Additional Review a. The Rice Creek Watershed District reviewed the plans for this request and determined that a RCWD Permit would not be required for the proposed project at 3441 Lake Johanna Boulevard. b. The Building Official reviewed the plans for the project and had no additional comments. c. The City Engineer reviewed the proposal and stated that a Grading and Erosion Control Permit is needed for this project. Variance Evaluation Criteria On May 5, 2011, the Governor signed into law new variance legislation that changed the review criteria City’s must use when evaluating variance requests. The new law renames the municipal variance standard from “undue hardship” to “practical difficulties,” but otherwise retains the familiar three-factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. Also included is a sentence new to city variance authority that was already in the county statutes: “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the comprehensive plan”. City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-017 - Variance 3441 Lake Johanna Boulevard\Memo_Reports_14-017 Page 7 of 11 Therefore, in evaluating variance requests under the new law, in order to find a practical difficulty, cities should adopt findings addressing the following questions: • Is the variance in harmony with the purposes and intent of the ordinance? • Is the variance consistent with the comprehensive plan? • Does the proposal put property to use in a reasonable manner? • Are there unique circumstances to the property not created by the landowner? • Will the variance, if granted, alter the essential character of the locality? As was the case before the new legislation took effect, economic considerations alone cannot constitute a practical difficulty. Furthermore, the new law clarifies that conditions may be imposed on granting of variances if those conditions are directly related to and bear a rough proportionality to the impact created by the variance. Findings of Fact Staff offers the following twenty (20) findings of fact for review: General Findings 1. The property is in the R-2 Single & Two Family Residential Zoning District. 2. The lot is 15,241 square feet in size with approximate dimensions of 100 feet in width, and 165 feet in depth. 3. The existing accessory structure is a nonconforming structure within the R-2 Zoning District because of its existing setbacks to the south and west property lines. 4. Because the existing accessory structure is positioned at an angle relative to the west property line, the structure encroaches between twenty-four (24) feet six (6) inches and twenty-nine (29) feet four (4) inches into the thirty (30) foot setback along the west property line, leaving a setback of five (5) feet six (6) inches at its furthest point and eight (8) inches between the structure and the west property line at its closest point. 5. The existing accessory structure encroaches three (3) feet eleven (11) inches into the ten (10) foot setback along the south property line, leaving a setback of six (6) feet one (1) inch between the structure and the south property line. 6. The existing accessory structure does not encroach into the north or west property line setbacks. 7. The proposed accessory structure encroaches twenty-nine (29) feet four (4) inches into the thirty (30) foot setback along the entire length of the structure. 8. The proposed accessory structure encroaches an additional two (2) feet into the south property line setback. City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-017 - Variance 3441 Lake Johanna Boulevard\Memo_Reports_14-017 Page 8 of 11 9. The proposed accessory structure increases the footprint from twenty-two (22) feet by twenty-two (22) feet or 484 square feet to twenty-four (24) feet by twenty-six (26) feet or 624 square feet. An increase of 140 square feet. 10. The proposed accessory structure would be rotated approximately fifteen (15) degrees to align the garage with the western property line and the angle of the existing home. 11. The proposed accessory structure would change the direction of the roofline from an east/west orientation to a north/south orientation. 12. The existing single family dwelling and attached garage meet all property line setbacks. 13. The proposed structure and landscaping coverages are within the zoning district requirements. 14. The proposed accessory structure would not exceed fifteen (15) feet in height. 15. Detached accessory structures are permitted structures within the R-2 Zoning District. 16. All structures on the lot are outside of the 100-year flood plain, wetlands, and easements. Variance Findings: 17. Detached accessory structures are permitted and a reasonable use within the R-2 Single & Two Family Residential Zoning District. 18. The lot has rather unique characteristics as the property slopes towards Lake Johanna approximately 18 feet from west to east leaving limited options for expansion or movement of the accessory structure to an area that meets the setback regulations. 19. The proposed accessory structure would be visible from neighboring properties; however, the proposed design and the use of quality materials for the detached structure that match the single family dwelling should minimize the impacts on surrounding property owners. 20. The proposed plans and requested variances for the accessory structure do not appear to be based on economic considerations alone. Discussion A detached accessory structure is a permitted use in the R-2 Zoning District and is a reasonable request for the subject property. However, it is unclear to staff if the expansion of this nonconforming use meets the City’s Variance Criteria under the State’s Law for “Practical Difficulties”. The variance is unlikely to negatively impact the neighborhood or the City as a structure already exists in the proposed location on the property, but the expansion to increase its nonconforming status may or may not be warranted in this situation. Staff is not directly in support of the proposal as submitted; however, with the conditions stated in this report, staff’s concerns could be mitigated. City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-017 - Variance 3441 Lake Johanna Boulevard\Memo_Reports_14-017 Page 9 of 11 Recommendation The findings of fact for the variance do not specifically support a recommendation for denial or approval. If the Planning Commission recommends approval of this variance, Staff recommends the following ten (10) conditions: 1. That the project shall be completed 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, shall require review and approval by the Planning Commission and City Council. 2. That the proposed accessory structure shall be permitted to encroach no further into the west and south property lines than the existing structure, leaving a setback of five (5) feet six (6) inches from the west property line and a setback of six (6) feet one (1) inch from the south property line. 3. That the proposed accessory structure shall not exceed the footprint of the existing accessory structure that is twenty-two (22) feet by twenty-two (22) feet. 4. That the proposed accessory structure shall be permitted to be rotated so that the alignment matches that of the western property line and the angle of the existing single family dwelling. 5. That the proposed accessory structure shall be permitted to change the direction of the roofline from an east/west orientation to a north/south orientation. 6. That the exterior façade and roofing materials of the proposed garage shall match the colors and materials used on the single family dwelling. 7. That the existing driveway apron leading to the accessory building shall be removed and that any damage to the right-of-way shall be repaired by the property owner. 8. That no living quarters shall be constructed within the proposed accessory structure and that the attic area shall be used for storage purposes only. 9. That the structure shall conform to all other regulations in the City Code. That building and demolition permits for the construction of the new accessory building and a zoning permit for the construction of the driveway shall be required. 10. That the applicant shall obtain a Grading and Erosion Control Permit from the City before the building permit is issued. Options Before making a motion for approval or denial, the Planning Commission must make findings to determine whether or not the request falls under the State’s Law for “Practical Difficulties” by addressing the following questions: City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-017 - Variance 3441 Lake Johanna Boulevard\Memo_Reports_14-017 Page 10 of 11 1. Is the variance in harmony with the purposes and intent of the ordinance? 2. Is the variance consistent with the comprehensive plan? 3. Does the proposal put property to use in a reasonable manner? 4. Are there unique circumstances to the property not created by the landowner? 5. Will the variance, if granted, alter the essential character of the locality? 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 14-017 for a variance at 3441 Lake Johanna Boulevard to replace the existing nonconforming accessory structure with minor modifications to the location and roofline, based on the findings of fact, the submitted plans, and the ten (10) conditions in the June 4, 2014, Report to the Planning Commission. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 14- 017 for a variance at 3441 Lake Johanna Boulevard to replace and expand the existing nonconforming accessory structure with minor modifications to the location and roofline, based on the findings of fact and the submitted plans in the June 4, 2014, Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 14-017 for a variance at 3441 Lake Johanna Boulevard to replace and/or expand the existing nonconforming accessory structure with minor modifications to the location and roofline based on the following findings of fact… 4. Table: Motion to table Planning Case 14-017 for a variance at 3441 Lake Johanna Boulevard to replace and/or expand the existing nonconforming accessory structure with minor modifications to the location and roofline: a specific reason and/or information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within three-hundred fifty (350) feet of the subject property. Resident Comment Staff has received six (6) letters from neighboring property owners in support of the project at 3441 Lake Johanna Boulevard. City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-017 - Variance 3441 Lake Johanna Boulevard\Memo_Reports_14-017 Page 11 of 11 Deadline for Agency Actions The City of Arden Hills received the completed application for this request on May 5, 2014. Pursuant to Minnesota State Statute, the City must act on this request by July 4, 2014 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. The City may extend the review period beyond the 120 days, with the applicant’s permission. Attachments A. Application and Narrative B. Survey and Site Plan C. Garage Elevations/Building Plans D. Aerial Photo E. Property Photos F. Letters from Neighboring Residents May 5, 2014 Mr. Ryan Streff, City Planner Department of Planning and Zoning City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Re: 2014 Land Use Application for Variance from Zoning Code for proposed garage rebuild at 3441 Lake Johanna Boulevard, Arden Hills, MN 55112. Dear Mr. Streff: I am writing to file the attached Land Use Application for a Variance related to our garage rebuild project at our home at 3441 Lake Johanna Boulevard. I have enclosed the Application form, a description of the proposed project and narrative describing how the application meets the six hardship criteria, a site survey with proposed garage location, architectural plans for the proposed garage, a drainage and stormwater management plan, two site plans for alternative layout scenarios, and photos of the existing garage and property. I have also included separate checks for the application fee and escrow. Please let us know if you require any further information. I also discussed the proposed plan with Patrick Hughes at the Rice Creek Watershed District, and he confirmed that a RCWD permit will not be required. Thanks for your time and consideration, Chad Myers Project Description Chad & Sasha Myers Garage Rebuild 3441 Lake Johanna Boulevard Arden Hills, MN 55112 Brief Summary of Variance Request: We propose to demolish a non -conforming detached garage in very poor condition on our property and reconstruct a new garage in its place with modest adjustments to its positioning and footprint. Specifically, we are requesting a variance to: (a) rotate the new structure by 15o to align it with our house and the street for aesthetic reasons, and (b) increase the footprint from 22’ x 22’ to 26’ x 24’ to allow for reasonable use of this garage. These changes would require an additional 2 ft. encroachment into our south side yard setback relative to the current structure. The maximum rear setback encroachment will remain the same as the existing structure and all other aspects of the garage construction will conform to the Zoning Code. The unique topology of our property, which includes a 26 ft. decrease in elevation from the west to the east property line, does not allow for the practical placement of a conforming detached garage, which is the reason for this variance request. Details of Proposed Project and Justification: Background We have been residents of Arden Hills since 2008, and in June of 2013, we bought our current home on Lake Johanna Boulevard. The previous owner demolished the original house on the property to construct a new home in 2010, but he left the original detached garage intact. This garage is in very poor condition to the extent that it significantly detracts from the character of the neighborhood (see attached photos). Due to serious structural issues (a major crack in the slab) in addition to numerous more cosmetic flaws, we have determined that remodeling is not practical , but we do need the storage space provided by the detached garage as our house only has a 2-car attached garage. Thus, we would like to demolish and reconstruct the detached garage. The current detached garage is not a conforming structure because it encroaches into the rear and side setbacks (10 ft.) on the west and south property lines, respectively. The garage currently sits 6.1 ft. from the south property line (side), and 8 in. from the west property line (rear). Furthermore, the two garage doors open to the west into the street, which is also not in conformance as we have a separate driveway connecting to our attached garage. The proposed reconstruction plan As described in the project summary, we are proposing to reconstruct a detached garage where the existing structure is located with two modifications: (a) rotate the new structure by 15o to align it with our house, and (b) increase the footprint from 22’ x 22’ to 26’ x 24’ to allow for reasonable use of this garage (see attached site survey with proposed footprint). The rotation is for aesthetic reasons to ensure the garage wall and rooflines match the angle of our house and are parallel to the street. We are proposing to increase the footprint to allow for reasonable use of our property. Since our property includes lakeshore frontage on Lake Johanna, we and future owners of our property have storage needs associated with our use and maintenance of our lakeshore property. At the time the original garage was built, a 22 ft. garage may have accommodated most boats in common use at the time, but today, boats greater than 20 ft. in length are quite commonly used on lakes lik e Lake Johanna and garage stalls of ~23-25 ft. can be required to accommodate such boats (extra space for platforms, trailer, etc). Thus, boat storage in addition to space for other recreational vehicles (e.g. kayaks, canoes, bikes), equipment (e.g. dock sections), and standard yard maintenance equipment, necessitate larger than a 22’x22’ structure. We feel strongly that the character of our city benefits when boats and other equipment associated with lake living are stored inside as opposed to on yards or in alleys. We propose to build a garage that is large enough to accommodate these items, wh ich we consider reasonable use of our lakeshore property and suspect that future owners of our home will share this perspective. The combination of the proposed modifications to the footprint will require an additional 2 ft. encroachment into our south side yard setback relative to the current structure. We are not able to move the garage further to the north to avoid this encroachment or the detached structure will be less than 6 ft. from our house, which is not in conformance. Aside from the setbacks, the garage will conform to all other zoning requirements: average roof mid-peak height will be less than 15 ft, landscape percentage of lot will remain >65%, garage floor area will be less than 728 ft2, and the garage doors of the proposed garage will face our current driveway instead of directly accessing the street. We are working with the original builder of the home, Zawadski Homes, and an architect who helped in the design of the original house, NRDI. Plans for the new garage are complete (see attached drawing) and were custom designed to match the architecture of the house as well as the specific construction materials: the proposed roof pitch is 6:12 just as for the house, HardieBoard fiber cement siding of the same color will be used, roofing to match the house, and windows of the same style on all four sides of the garage will be included. To avoid the use of fill in our yard, which is susceptible to erosion issues due to its significant slope, we will build a short ~2 ft. retaining wall against the west wall of the new garage which maintains the slope down to Fairview Avenue from our yard. The new garage will be tied into the existing contours of the yard, so the impact on the current drainage setup will be minimal (see attached Drainage/Stormwater Management Plan). Why not rebuild a conforming detached garage? Given that we want to change the footprint of our detached garage, we would ideally build a new garage that is in complete conformance with the Zoning Code. We have considered several conforming options and conclude that this is simply not practical given the unique topology of our lot and the positioning of our house. First, given the 26 ft. slope from the west to east property line, the garage cannot be pushed very far east of Fairview Avenue without requiring a large amount of fill to allow access from the road. Furthermore, on the west side of our property, the position of our house prevents us from moving the garage north due to the required 6 ft. spacing between the principal and any accessory structure. These two constraints substantially limit the possibilities for a detached garage location. To illustrate the issues with a conforming garage location, we identified two possible scenarios that satisfy the 10 ft. side and rear setback requirements (see the two corresponding attachments). We estimate that both options would require between 225-270 cubic ft. (25-30 cubic yds) of fill to accommodate the downward slope of the yard. Most critically, both of these options would place the garage within 6 ft. of our house and directly on the main drainage route for our yard, which would require significant regrading and potentially result in serious drainage and erosion issues. Both possibilities would also require an extra ~200 sq. ft. of driveway surface to connect the garage with our existing driveway for access to the street, and would essentially cover the only flat section of sideyard we have on the propert y. Thus, we conclude that these conforming options are impractical given the topology of our lot. Support from the neighbors The proposed garage reconstruction was discussed with 6 neighbors adjacent to our property, who all expressed their enthusiastic support for the plan (see attached supporting letters). In particular, the neighbor to the south of our property, toward whom our new garage structure will move slightly has approved of the project (see letter from Nyuget Ky, 3433 Lake Johanna Blvd). Several neighbors mentioned that they are anxious to see this major eyesore on our street replaced by an aesthetically pleasing garage that is consistent with the look and the quality of our house. Analysis of Hardship Criteria: A specific response to each hardship criterion is included below: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Given that the existing garage is non -conforming, any change to the footprint would not be allowed by official controls. The current garage footprint is not aligned with our house and thus, will significantly detract from the site’s aesthetics if it were to be reconstructed as is. Furthermore, the existing footprint will not accommodate the storage of bo ats and other equipment that are typically associated with a lakeshore property, which are reasonable use of our property. The unique topology of our lot severely limits the practicality of any conforming arrangement of the detached structure. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Our situation is the result of three factors: location and condition of the existing detached garage, the relative location of the house to the detached structu re, and the steep incline (26 ft.) of our lot from the west to east property lines. We had no role in creating any of these circumstances. 3. The deviation from the Ordinance with any attached conditions will still be in keeping with the spirit and intent of the Ordinance. We believe the proposed variance preserves the spirit and intent of the Ordinance. We are proposing relatively modest changes to the existing footprint, that will result in a substantially more functional garage that allows for reasonable use of our property for us and any future owners. The end product will be an aesthetically pleasing garage with high-quality construction that blends in with and raises the character of our neighborhood with little to no negative impact on our own or our neighbors’ property. We are also improving the conformance of the structure with respect to the placement of the garage doors relative to the street. 4. The variance will not create a land use not permitted in the zone. The proposed garage will be used only for personal storage, which is permitted in the current zoning of the property. 5. The variance will not alter the essential character of the City. We believe that the proposed variance will not alter the essential character of the city. On the contrary, if approved, our garage reconstruction project will remove a major eyesore from our neighborhood, which will improve the character and encourage investment in other properties in the area. 6. The variance is not for economic reasons alone. We are not requesting this variance for economic reasons. Our primary motivation is to improve the aesthetics of our property and neighborhood, and to make the garage as functional as possible while not negatively impacting the site for us or our neighbors. 3441 Lake Johanna Boulevard Garage Project, May 2014 Proposed Garage Location Proposed retaining wall Proposed driveway Existing garage Proposed footprint 6 ft. 4.3 ft. Existing Proposed Lot area: 15,761 sq. ft. 15,761 sq. ft. Lot covered by structure: 2800 sq. ft. 2939 sq. ft. Landscape area: 11236 sq. ft. = 71% 10,734 sq. ft. = 68% Principal Building footprint: 2128 sq. ft. 2128 sq. ft. Accessory Building footprint: 486 sq. ft. 624 sq. ft. Total area of driveway/walkways: 1725 sq. ft. 2193 sq. ft. Setbacks Existing Proposed Principal Structure: Front yard: 47" 9' 47" 9' Rear yard: 30' 6" 30' 6" Side yard: 7' 7"/40' 9" 7' 7"/40' 9" Accessory structure: Front yard: 141' 1" 139' 7" Rear yard: 8" 8" Side yard: 6' 3" / 63' 3" 4' 3" / 59' 4" 3441 Lake Johanna Boulevard Garage Project, May 2014 Drainage/Stormwater Management Plan Silt fence during construction Existing retaining wall Primary drainage path (drains side yard, ~50% of garage, and ~30% of house stormwater) Proposed retaining wall Proposed driveway 3441 Lake Johanna Boulevard Garage Project, May 2014 Attempt at Conforming Positioning: Scenario #1 Existing retaining wall Primary drainage path (drains side yard, ~50% of garage, and ~30% of house stormwater) 10 ft. 4.5 ft. Additional driveway area needed beyond proposed plan (concrete or pavers) 3441 Lake Johanna Boulevard Garage Project, May 2014 Attempt at Conforming Positioning: Scenario #2 Existing retaining wall Primary drainage path (drains side yard, ~50% of garage, and ~30% of house stormwater) 10 ft. 5.5 ft. Additional driveway area needed beyond proposed plan (concrete or pavers) 3441 Lake Johanna Boulevard Garage Project, May 2014 Garage Plans Map D ate: May 29, 2014P:\GIS_Data\Planning\Planning Cases\2014\PC 14-017¯3441 Lake Johanna Boulevard 3441 Lake Johanna Boulevard - Variance - PC 14-017 F a i r v i e w A v e n u e N o r t h L a k e J o h a n n a B o u l e v a r d Photos of existing garage and property 3441 Lake Johanna Boulevard Garage Project, May 2014 Aerial photo of property 3441 Lake Johanna Boulevard Garage Project, May 2014 Mr. Ryan Streff, City Planner Department of Planning and Zoning City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Dear Mr. Streff and the City of Arden Hills Planning Commission: As neighbors of Chad and Sasha Myers, we have added our signatures below to express our support for their proposed plans to rebuild the detached garage on their property at 3441 Lake Johanna Boulevard. Chad and Sasha have reviewed their building plans with uS, including the proposed placement of the garage and new footprint. We find these plans acceptable and believe that this reconstruction will significantly improve the character of the neighborhood. We hope the Planning Commission will approve a variance and allow them to proceed with construction. Sincerely, Neighbors of Chad & Sasha Myers Name: Address: Phone: Signature: Date: f1 vJ en fhl lo 'i1 /')(v r \L 17 Mr. Ryan Streff, City Planner Department of Planning and Zoning City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Dear Mr. Streff and the City of Arden Hills Planning Commission: As neighbors of Chad and Sasha Myers, we have added our signatures below to express our support for their proposed plans to rebuild the detached garage on their property at 3441 Lake Johanna Boulevard. Chad and Sasha have reviewed their building plans with us, including the proposed placement of the garage and new footprint. We find these plans acceptable and believe that this reconstruction will significantly improve the character of the neighborhood. We hope the Planning Commission will approve a variance and allow them to proceed with construction. Sincerely, Neighbors of Chad & Sasha Myers Name: Address: Phone: Signature: Date: 7A<- Liq - /L/K> Mr. Ryan Streff, City Planner Department of Planning and Zoning City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Dear Mr. Streff and the City of Arden Hills Planning Commission: As neighbors of Chad and Sasha Myers, we have added our signatures below to express our support for their proposed plans to rebuild the detached garage on their property at 3441 Lake Johanna Boulevard. Chad and Sasha have reviewed their building plans with us, including the proposed placement of the garage and new footprint. We find these plans acceptable and believe that this reconstruction will significantly improve the character of the neighborhood. We hope the Planning Commission will approve a variance and allow them to proceed with construction. Sincerely, Neighbors of Chad & Sasha Myers Name: a;. C'+rJ'rerr Address: 3'f.\ lj L.-*L.- - J.-!1..v!v\,i.. B\lzal phone: b\z kc"[ 7r"c I signature, 1 *"-i/ }rLl,f Date: 5tS '4 Mr. Ryan Streff, City Planner Department of Planning and Zoning City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Dear Mr. Streff and the City of Arden Hills Planning Commission: As neighbors of Chad and Sasha Myers, we have added our signatures below to express our support for their proposed plans to rebuild the detached garage on their property at 3441 Lake Johanna Boulevard. Chad and Sasha have reviewed their building plans with us, including the proposed placement of the garage and new footprint. We find these plans acceptable and believe that this reconstruction will significantly improve the character of the neighborhood. We hope the Planning Commission will approve a variance and allow them to proceed with construction. Sincerely, Neighbors of Chad & Sasha Myers Name: Address: Phone: Signature: </-.,^. {Su-{ r cla*1 I <,t) C ftr\-N- 1,. , O Date: {- 7->>,tt Mr. Ryan Streff, City Planner Department of Planning and Zoning City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Dear Mr. Streff and the City of Arden Hills Planning Commission: As neighbors of Chad and Sasha Myers, we have added our signatures below to express our support for their proposed plans to rebuild the detached garage on their property at 3441 Lake Johanna Boulevard. Chad and Sasha have reviewed their building plans with us, including the proposed placement of the garage and new footprint. We find these plans acceptable and believe that this reconstruction will significantly improve the character of the neighborhood. We hope the Planning Commission will approve a variance and allow them to proceed with construction. Sincerely, Neighbors of Chad & Sasha Myers Name: Gu"r ctJol6# r,,'^' Address: lf Tt /rob/.&".*.t Phone: /t7,0)1- 1L+4' Signature: Date: /'t' ,,- \ , )-t 1 4 L Mr. Ryan Streff, City Planner Department of Planning and Zoning City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Dear Mr. Streff and the City of Arden Hills Planning Commission: As neighbors of Chad and Sasha Myers, we have added our signatures below to express our support for their proposed plans to rebuild the detached garage on their property at 3441 Lake Johanna Boulevard. Chad and Sasha have reviewed their building plans with us, including the proposed placement of the garage and new footprint. We find these plans acceptable and believe that this reconstruction will significantly improve the character of the neighborhood. We hope the Planning Commission will approve a variance and allow them to proceed with construction. Sincerely, Neighbors of Chad & Sasha Myers Name: h /J 0,.'"', 14 n ll,t4 r n Address: L! 35 fvrda* Rrs nr.l ri,-cien #i lls lLt^i 55 I I L Phone: h;t- 3A+-4+qu Signature: ilatt,x-i /zy'rr%atN*t Date: {h /14 _________________________________________________________________________________________ City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-019 - Zoning Code Amendment - Lighting Regulations\Memos_14-019 Page 1 of 4 DATE: June 4, 2014 PC Agenda Item 3.B TO: Planning Commission FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #14-019: Zoning Code Amendment – Lighting Regulations Requested Action Provide further direction on how the Zoning Code could be updated to improve the City’s regulations regarding exterior lighting. Background The 2014 Planning Commission Work Plan was discussed and adopted at the March 17, 2014, City Council Work Session. One of the items on the plan concerns light-emitting diode (LED) lighting. Compared to incandescent lighting, LED lights produce a greater amount of luminosity, or brightness. The City Council asked staff to review the City’s existing regulations on lighting and to update relevant ordinances if necessary to address the potential impacts associated with brighter LED lights. This memo provides an overview of the sections in the Zoning Code that regulate lighting and also discusses ideas for additional regulations that could be considered. Based on the direction provided by the Planning Commission, staff will draft an ordinance that would amend the Zoning Code to update the City’s lighting regulations. Zoning Code Review Provisions on lighting are generally confined to Section 1325.05 Design Standards in the Zoning Code. Lighting is required to be directed away from adjacent lots and streets and the source of illumination must be controlled in such a way that light is only directed onto the site. The Zoning Code restricts light trespass by stipulating that light cast onto adjacent travel lanes or roadways cannot exceed 1.0 foot candle and 0.4 foot candles on adjoining residential properties. No more MEMORANDUM _________________________________________________________________________________________ City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-019 - Zoning Code Amendment - Lighting Regulations\Memos_14-019 Page 2 of 4 than 25 percent of non-residential façades that are visible from residential properties can be illuminated by direct light from a source such as a flood light. Section 1320 District Regulations includes special requirements for specific districts in the City. The Neighborhood Business, B-4 Retail Center, Gateway Business, and Civic Center Districts all have special requirements regarding lighting that go beyond the provisions in Section 1325.05: • In the Neighborhood Business District, accent lighting is only permitted when used to delineate the main entrance into a building. Parking lot lighting is restricted to a maximum of 14 feet in height. • In the B-4 Retail Center District, the source of illumination must be concealed so as not to be visible from adjoining lots and streets. Accent lighting of buildings and sites may be permitted by the City. A lighting plan including the location, type, and design of light fixtures is required when development that involves new construction, redevelopment, or significant modification to an existing building is proposed. • In the Gateway Business District, the source of illumination must be concealed so as not to be visible from adjoining lots and streets, or residential areas east and south of Round Lake. Accent lighting of buildings and sites may be permitted by the City. A lighting plan including the location, type, and design of light fixtures is required when development that involves new construction, redevelopment, or significant modification to an existing building is proposed. • In the Civic Center District, exterior lighting is required to be consistent in type, design, and scale to create unity in the district. The source of illumination must be concealed so as not to be visible from adjoining lots and streets, or residential areas south of Highway 96. Light washing of buildings is prohibited and wall packs are only allowed at building entrances. Accent lighting of buildings and sites may be permitted by the City. A photometric plan and a lighting plan including the location, type, and design of light fixtures is required when development that involves new construction, redevelopment, or significant modification to an existing building is proposed. The Additional Design Standards for the B-2 and B-3 Districts (Section 1325.05 Subdivision 8) also include lighting standards that only apply to building or site elements being developed or altered. For example, the lighting standards could come into effect if the remodeling of a parking lot was proposed. A lighting plan including the location, type, and design of light fixtures is required in all cases, and a photometric analysis is needed for new construction or redevelopment. Consistency in lighting in terms of type, design, scale, and color is required to create unity in the district, and the City may require certain types of lighting color. Excessive lighting is not permitted for any building or parking lot lighting. For gasoline stations, canopy lighting must be recessed so as not to be visible from the street. Light washing and accent lighting may only be allowed if it does not negatively impact residential areas or traffic safety. _________________________________________________________________________________________ City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-019 - Zoning Code Amendment - Lighting Regulations\Memos_14-019 Page 3 of 4 Discussion Staff has begun to research how other cities regulate lighting in their communities and has come across four general approaches to addressing the impact of exterior lighting on adjoining properties. These approaches are not mutually exclusive and can be used in combination with one another: 1. Limit the total overall amount of light that can be used on a site • This is typically addressed by setting an allowance for the total initial luminaire lumens allowed using a Parking Space Method (# of lumens per parking stall) or a Hardscape Area Method (# of lumens per square foot). • In order to determine compliance, a lighting plan would be required that includes the lumen output for each light fixture on the site. 2. Limit the maximum lumen level for individual exterior light fixtures • This can be addressed by setting a maximum allowable lumen rating for backlighting, uplighting, and glare for each light fixture. Communities that have taken this approach have set their standards based on recommendations made by the Illuminating Engineering Society of North America (IESNA). • In order to determine compliance, a lighting plan would be required that includes the specific ratings for backlighting, uplighting, and glare of each light fixture. 3. Limit light trespass from a property onto abutting properties • This can be addressed by setting a maximum footcandle level at or near the property line. Typically, specific maximum levels are set for residential properties, commercial/industrial properties, and public streets. • In order to determine compliance, a photometric analysis would be required that includes footcandle readings for the entire property area. 4. Limit light pollution, such as glare or sky glow, as viewed from abutting properties and public streets • This is addressed with prescriptive requirements on how light fixtures are designed. For example, lighting for a parking lot may be required to be “full cut-off style”, which describes a fully hooded light fixture that directs light straight down, or an accent light may need to be fully shielded to direct light only at the object being illuminated and not beam onto to adjacent properties or skyward. • Cities that have adopted this type of requirement also prohibit light fixtures that produce glare that is clearly visible beyond a property line or that creates a sensation within the visual field that causes impairment or discomfort. Other common regulations in municipal lighting ordinances include height limit restrictions and the prohibition of certain types of lights. Height restrictions apply to both parking lot light poles and exterior lighting mounted to a building wall. Some cities set a lower height limit for lights _________________________________________________________________________________________ City of Arden Hills Planning Commission Meeting for June 4, 2014 P:\Planning\Planning Cases\2014\PC 14-019 - Zoning Code Amendment - Lighting Regulations\Memos_14-019 Page 4 of 4 within a certain number of feet of a property line to help reduce light trespass. Currently, Arden Hills only has an established height limit for lighting in the Neighborhood Business District. Common types of lights that are prohibited by other cities include lights that blink, flicker, flash, and change in intensity or color. There are no specific limits on the types of lights allowed in the Zoning Code. In order to get a better sense on how the Planning Commission would like to proceed in the review and revision of the City’s lighting regulations, staff is requesting feedback on the following questions: 1. Of the four different approaches used by other cities to regulate the impact of exterior lights on adjoining properties, which approaches would best address the City’s concerns about LED lights? 2. How should the City balance the need to create stricter lighting regulations with the need to ensure that property owners can easily interpret and implement these requirements? 3. Should the City consider setting a height limit for exterior lights? 4. Should the City consider establishing a list of prohibited types of exterior lighting? Requested Action Provide further direction on how the Zoning Code could be updated to improve the City’s regulations regarding exterior lighting. Attachments A. Excerpts from Sections 1320 and 1325 of the Zoning Code B. City Council Work Session, March 17, 2014 City of Arden Hills Chapter 13 Zoning Code Section 1320 – District Provisions Adopted: November 13, 2006 Page 1 of 2 Chapter 13 – Zoning Code Section 1320 – District Provisions 1320.08 Special Requirements for the Neighborhood Business (NB) District. (revised 4/28/08) Subd. 5 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the NB District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on adjoining sites in the district. G. Lighting shall adhere to the requirements in Section 1325.05 Subd 3. Lighting shall not be permitted to wash the building, except for accent lighting to delineate the main entryway into the building. Security and parking lot lighting shall be on pedestals not to exceed fourteen (14) feet in height. 1320.10 Special Requirements for the B-4 Retail Center District. (revised 12/17/08) Subd. 6 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the B-4 District requires particular concern for the design of buildings, site features (such as landscaping, lighting and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings. The City Council will make the final determination on the compatibility and consistency with this provision. D. Lighting (GB District regulations, Section 1320.13,) shall apply) 1320.11 Special Requirements for the Civic Center (CC) District. (revised 4/28/08) Subd. 4 Development Standards. J. Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors. 1. A lighting plan shall be submitted that shows location, type of illumination and design. 2. Exterior lighting shall be consistent in type, design, and scale to create unity in the CC District. 3. The source of illumination shall be hooded, concealed or controlled in a manner so as not to be visible from adjoining lots, streets or highways or residential areas south of Highway 96. 4. Light washing of buildings is prohibited. Wall packs are allowed at entrances only. Accent lighting of buildings and sites may be permitted by City of Arden Hills Chapter 13 Zoning Code Section 1320 – District Provisions Adopted: November 13, 2006 Page 2 of 2 the City. A photometric analysis of site and building shall be submitted for City approval. 1320.12 Special Requirements for the Gateway Business (GB) District. (revised 4/28/08) Subd. 6 Development Standards. H. Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors. 1. The source of illumination shall be hooded, concealed or controlled in a manner so as not to be visible from adjoining lots, streets or highways or residential areas east and south of Round Lake. 2. Accent lighting of buildings and sites may be permitted by the City. 3. A lighting plan shall be submitted that shows location, type of illumination and design. City of Arden Hills Chapter 13 - Zoning Code Section 1325 – General Regulations Adopted: November 13, 2006 Page 1 of 2 Chapter 13 – Zoning Code Section 1325 - General Regulations 1325.05 Design Standards. The standards established in this section are designed to encourage a high standard of development by providing assurances that neighboring land uses and neighboring properties will be compatible. The standards shall also apply to all future development and shall apply to existing development where so stated. Before any applications for development or construction under the City Code are approved, it shall be determined that the proposal will be in conformance with these standards unless a deviation has been granted. It shall be the responsibility of the applicant to demonstrate such conformance. (revised 4/28/08) Subd. 3 Lighting. A. Direction. In all districts lighting shall be so arranged as to direct light away from adjoining lots and public streets. Direct or sky-reflected glare, from floodlights or high temperature processes such as combustion or welding, shall not be directed at any adjoining lots or public streets. B. Concealment or Hooding of Source. The source of illuminate shall be hooded, concealed or controlled in a manner so as to direct the lighting pattern only on the site to which the lighting is intended. C. Intensity. Any light or combination of lights shall not cast light that exceeds a meter reading of one foot candle on the travel lanes of adjoining public streets or 0.4 foot candles on adjoining residential property. D. Exterior Lighting of Building Facade. For non-residential uses, visible from residentially zoned property, a maximum of twenty-five (25) percent of the facade visible from such residential property may be illuminated by direct lighting from spot lights or flood lights. Subd. 8 Additional Design Standards for New Development, Redevelopment, and Modifications to Existing Sites in the B2 and B3 Districts. (revised 12/17/08) Unless preempted by the standards in this section, all other zoning provisions shall apply: O. Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors. 1. A lighting plan shall be submitted that shows location, type of illumination and design. A photometric analysis of site and building shall be submitted for City approval with all new construction or redevelopment projects. 2. Exterior lighting shall be consistent in type, design, scale, and color to create unity in the Districts. High-pressure sodium lighting City of Arden Hills Chapter 13 Zoning Code Section 1325 – General Regulations Adopted: November 13, 2006 Page 2 of 2 and other similar types of lighting color may be required by the City to promote a unified lighting color throughout the Districts. Other lighting colors may be considered during the City review process. 3. Exterior lighting for parking lots and buildings shall not be excessive and shall be directed at their intended purposes. 4. Lighting under a gasoline station canopy shall not be directly visible from the street but shall be recessed into the canopy or otherwise shielded. 5. Light washing of buildings and accent lighting may be permitted through the City review process provided that it does not negatively impact residential areas or traffic safety and is complementary to the district as a whole. Approved: May 12, 2014 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION MARCH 17, 2014 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS A. 2014 Joint City Council and Planning Commission Meeting City Planner Streff stated that the City Council is being asked to provide input and feedback on the Planning Commission’s draft 2014 Work Plan. In addition, this meeting is intended to be an open dialog and an opportunity to discuss other planning-related items. The City Council may provide feedback to the Planning Commission on their role, ask questions and discuss items of concern. The Planning Commission may provide input to the City Council on important planning items they see in the community and bring up topics of interest or concern. City Planner Streff reported that the Planning Commission differs from the City’s other committees and commissions in that the purpose and scope of the Commission’s work is largely determined by State Statute. The majority of the Planning Commission Work Plan is dedicated to continuing the work of evaluating and providing recommendations on land use applications, zoning code amendments, and other planning-related items that come before the City. Vice Chair Thompson reviewed the Planning Commission Work Plan in detail with the Council. She commented that the City was hoping to recruit another Commission member in 2014. Commissioner Holewa stated that the Commission would like to see the Sign Code more closely aligned to those of neighboring communities. He believed that the most common request s reviewed by the Planning Commission are sign standard adjustments and this could be streamlined by reviewing and making appropriate revisions to the City’s Sign Ordinance. Councilmember Holden recommended that the Commission consider the base size for monument signs when the sign standards are reviewed. Commissioner Bartel wanted to see more structure in the sign code as this would provide further guidance to the Commission when reviewing requests for sign standard adjustments. Councilmember McClung believed that even if the Sign Code was amended, there would always be future applicants requesting additional signage. Commissioner Bartel explained that by making the sign sizes proportionate to building sizes, this would address a number of the requests for sign standard adjustments. He was in favor of temporary sign requests being approved at a staff level. ARDEN HILLS CITY COUNCIL WORK SESSION – MARCH 17, 2014 2 Commissioner Jones suggested that the number of tenants within a building and the size of the parking lot be considered in the Sign Code. Councilmember Holden stated that the Sign Ordinance was developed due to the number of large sign requests. She reported that Arden Hills did not want to become a neon lit community with extremely large signs. Mayor Grant reported that a level of flexibility could be written into the Sign Code, however, there had to be a limit. He asked if the Council opposed the Planning Commission reviewing the Sign Ordinance. The Council supported the Commission moving forward with reviewing the Sign Ordinance. Mayor Grant discussed LED lighting and recommended that the City and Planning Commission get out in front of this issue. He suggested that staff speak with neighboring communities regarding the regulation of LED lighting. Vice Chair Thompson agreed. Councilmember Holden questioned which aspects of LED lighting would be reviewed by the Planning Commission. Vice Chair Thompson indicated that this has yet to be determined by the Planning Commission. City Planner Streff anticipated that this would include LED lighting on canopies and signs. Community Development Director Hutmacher reported that more and more businesses were changing light fixtures out from incandescent or fluorescent to LED’s for cost saving measures. She distinguished between LED’s used for traditional lighting purposes and LED’s used in a neon-like manner as decorative accents. Councilmember Holden discussed the brightness of Presbyterian Homes’ new sign. She suggested that the Commission review all areas where LED lights could be used. Commissioner Jones suggested that the Commission consider the different lumens available in LED lights and which areas are most appropriate for brighter LED lights and which are not. Vice Chair Thompson commented that the Commission would have to research how other areas of the metro were managing this issue. Mayor Grant requested further information on the Illustration Guide for the B-2 and B-3 design standards. Vice Chair Thompson explained how the Planning Commission was approaching the B-2 design standards. ARDEN HILLS CITY COUNCIL WORK SESSION – MARCH 17, 2014 3 Associate Planner Bachler commented that the City had made updates to the B-2 and B-3 district design standards last year. He explained that building materials and architectural features were reviewed to provide guidance to future developers in these zoning districts. Commissioner Bartel hoped that the Commission could find visual examples of preferred streetscape design and building materials that the City could incorporate into an Illustration Guide. This would assist future developers with planning for redevelopments. Councilmember Holden recommended that the design standards include LEED building standards. She commented that these standards would push the use of recycled materials in redevelopment of the City. She suggested that the Commission create a checklist that can be reviewed for each Planning Case. She explained that she depends on the Planning Commission to address drainage and building material issues. Commissioner Holewa commented that LEED building standards have been discussed, however, he believed it would be more important to have good economical design. Commissioner Jones had an issue with the LEED standards given the increased building expense. He proposed the City pursue Energy Star ratings instead. Mayor Grant agreed that the energy ratings for buildings should be considered. Associate Planner Bachler explained that staff had checklists that were reviewed with each of the different land use applications. The plans necessary in order to consider an application complete are spelled out within these checklists. Depending on the nature of the proposed project, required plans might include lighting plans, traffic studies, grading and drainage plans, etc. Councilmember Holmes recommended that the Planning Commission further review the issue of transparent windows. She believed that this issue would continue to come before the City. Councilmember Werner requested further information on the League of Minnesota Cities training. City Planner Streff discussed the training courses proposed for the Planning Commission members and staff. Vice Chair Thompson explained that the training courses provided valuable information to the Commissioners. Councilmember Holden thanked the Planning Commission for their efforts stating that they did a wonderful job reviewing Planning Cases. Mayor Grant agreed and thanked the Planning Commission for their attendance this evening. City of Arden Hills Planning Commission Meeting for June 4, 2014 Page 1 of 1 MEMORANDUM DATE: June 4, 2014 PC Agenda Item 5.B TO: Planning Commission FROM: Matthew Bachler, Associate Planner SUBJECT: Report from the City Council May 27, 2014, City Council Meeting The City Council approved Planning Case 14-015, which was a request from Boston Scientific for a PUD Amendment allowing for the construction of a 730 square foot addition on the south side of Building 10. The Planning Commission unanimously recommended approval of this case 5-0 at their meeting on May 7, 2014. The City Council also reviewed Planning Case 14-014 for a variance at 1850 Venus Avenue to construct a garage addition that would encroach thirty feet into the secondary front yard setback. A motion to table this request was approved and the applicant was instructed to revise their plans for the addition in order to reduce the overall encroachment into the required setback area. At the Planning Commission meeting on May 7, 2014, the Commission recommended approval of this case 5-1 (Holewa opposed). Page 1 of 3 DATE: June 4, 2014 TO: Planning Commission Chair Larson and Commissioners FROM: Jill Hutmacher, Community Development Director SUBJECT: TCAAP Update Requested Action None. Master Plan The City Council has been meeting to discuss topics related to the approval of the TCAAP master plan land use map as follows: • Parks, Trails, and Recreation Committee recommendations for park needs and amenities (April 21) • Surface water amenity (April 21) • Residential development and densities (May 19) • Flex space land use (May 19) Summaries of Council direction at the April 21, 2014, work session meeting were provided to the Planning Commission in the May 7, 2014, TCAAP Update. The City Council discussed residential densities and the flex space land use on May 19, 2014. The City Council chose not to set a maximum number of dwelling units at this time, although the Council may revisit a maximum unit count during the regulations and policies component of the master planning process. The City Council did not make changes to the amount of land designated for the flex space land use. The City Council discussed their preference for office development and that this type of development should be allowed and encouraged in the flex space area. The City Council will consider regulations that limit the amount of warehouse/distribution uses at TCAAP. Based on City Council direction on May 19, 2014, revisions have been made to the draft master plan land use map which can be summarized as follows: MEMORANDUM Page 2 of 3 • Parks in the Creek, Hill, and Town neighborhoods have been adjusted slightly to accommodate recommended amenities. It is important to note that the exact size, dimensions, and layouts of parks will be determined at a later date. The PTRC recommendations focused on the amenities required in each park; how those amenities are accommodated at each site will be determined during park design. • The town neighborhood park adjacent to the existing water treatment facility has been more clearly identified as a park. The civic area adjacent to the park contains the water treatment facility and space for another civic use such as a small amphitheater or a historical marker/display. • In the Creek neighborhood, the park location has been shifted to be closer to the entrance to the neighborhood. This has been done to limit the amount of program-related traffic driving through the neighborhood. In the case of the Hill park, this was not possible due to the terrain. The ball fields need relatively flat surface areas, and there are limited locations in the Hill neighborhood where this is possible. • Pocket parks were removed as they are too small to be maintained and programmed by the City. Developers will be encouraged to include pocket parks that will be privately owned and maintained. • An adult athletic facility (softball, ice rinks) has been added to the flex space area west of the Spine Road. Because this facility will need to be lighted and will attract primarily adult users, it is appropriate that it be located outside of residential neighborhoods and along the County road. Shared parking with adjacent businesses will be considered, similar to what is currently in place at Cummings Park. • A block of residential development at the north end of the town neighborhood was removed to accommodate anticipated storm water management needs in that area. The City Council will review the revised draft master plan land use map on June 16, 2014. Planning Commission comments on the revised map will be conveyed to the Council at that time. The City Council is tentatively scheduled to approve the master plan land use map on June 30, 2014. AUAR The public comment period for the draft AUAR and Mitigation Plan ended on May 28, 2014. Comments were received from Mr. Lyle Salmela, the City of Shoreview, the Minnesota Department of Health, MnDOT, the Minnesota Pollution Control Agency, and the Metropolitan Council. A summary of the public comments is attached. City staff and consultants are reviewing the comments to determine how they should be reflected in the final draft document. The City Council will review the final draft AUAR and Mitigation Plan on June 30, 2014, and is tentatively scheduled to approve the final document on July 28, 2014. Page 3 of 3 Infrastructure Study The team of Kimley-Horn and Associates and Wenck Associates was selected by Ramsey County and the City of Arden Hills for the development and design of the TCAAP Redevelopment Site Infrastructure. Their scope of services addresses design of public infrastructure including roadways, drainage, and stormwater management features, and utilities to support the redevelopment. The consultants will spend the next several months developing preliminary design layouts for the Spine Road, thumb road connection to County Road I, regional stormwater management system, grading plan, mitigated wetlands, and sanitary sewer and water supply systems. Their work will require close coordination with ongoing planning and remediation activities and development of the adjacent interchange on County Road H at I-35W. The preliminary designs will enable the consultant team to develop refined construction cost estimates to assist in the development of an infrastructure financing plan. The consultant team will also ultimately prepare construction documents for public bidding of the site infrastructure improvements. Upcoming Meetings With City Council approval of the master plan land use map tentatively scheduled for June 30, 2014, staff and consultants are beginning to schedule work for the regulations and policies component of the master planning process. Topics for Planning Commission and City Council work session discussions will be identified in the next month. Attachments A. Draft Master Plan Land Use Map, December 2013 B. Revised Draft Master Plan Land Use Map, May 2014 C. Draft Open Space Plan, December 2013 D. Revised Draft Open Space Plan, May 2014 E. Summary of public comments on the Draft AUAR and Mitigation Plan Civic Flex Bus MultiUse Office Other Open Space Recreation Residential Retail Thumb MultiUse8.85 acres Office21.65 acres Other Open Space 40.97 acres Recreation7.98 acres Residential125.76 acres Retail15.19 acres Thumb43.44 acres 348.6 acres Civic Flex Bus MultiUse Office Other Open Space Recreation Residential Retail Thumb Landuse Area NameArea Civic2.49 acres Flex Bus82.27 acres MultiUse8.85 acres Office21.65 acres Other Open Space 40.97 acres Recreation7.98 acres Residential125.76 acres Retail15.19 acres Thumb43.44 acres 348.6 acres Draft Master Plan Land Use Map, December 2013 Retail MultiUse Residential Flex Bus Office Thumb Development Civic Recreation Other Open Space Road ROW Spine Road ROW MultiUse Office Other Open S Recreation Residential Retail Road ROW Spine Road R Thumb Deve Grand total Landuse Areas NameArea Civic2.5 acres Flex Bus63.5 acres MultiUse8.9 acres Office21.6 acres Other Open Space42.6 acres Recreation26.6 acres Residential120.1 acres Retail14.6 acres Road ROW60.4 acres Spine Road ROW25.2 acres Thumb Development43.4 acres Grand total429.6 acres Revised Draft Master Plan Land Use Map, May 2014 0 n 400’800’1600’ Draft Open Space Plan, December 2013 Revised Draft Open Space Plan, May 2014 May 2014 1 Summary of Comments Received on the Draft AUAR At the end of the comment period on the Draft AUAR (May 28, 2014), six comments had been received from five state, regional, and local agencies and one member of the general public. Commenters included: x Minnesota Department of Health x Minnesota Department of Transportation x Minnesota Pollution Control Agency x Metropolitan Council x City of Shoreview x Lyle Salmela Minnesota Department of Health x Affordable Housing – The City should consider incorporating a mix of housing types including single- family detached homes, single-attached homes, condominiums, townhomes, apartments, and senior housing options, as well as providing affordable housing options. x Energy/Climate Change – The project should consider ways to conserve energy, reduce energy use, eliminate or reduce greenhouse gas emissions, and promote the use of renewable energy. x Flooding – With the project’s vicinity to Rice Creek and the associated 100 year flood zone, the project should consider whether the proposed stormwater infrastructure would have capacity for extreme rainfall events. x Health Impact Assessment – An HIA could provide recommendations to policy makers to support positive health outcomes and to mitigate or prevent possible negative health outcomes to improve the public’s health and to inform zoning, permitting, and monitoring policies. x Physical Activity – The project should consider bicycle and pedestrian connections, accessibility, and wayfinding to parks, recreational facilities, and trails and between proposed uses (i.e., connections between proposed commercial and residential areas). x Demolition – Prior to demolition of remaining structures and utilities on site an inspection must be conducted according to 40 CFR 61 National Emissions Standards for Hazardous Air Pollutants (NESHAP). Any required asbestos inspection activities must be completed in compliance with the Minnesota Asbestos Abatement Act, and a pre-demolition survey must be conducted according to Minnesota Rules 7035.0805 to identify all hazardous waste in the facility. x Hazardous Materials – The AUAR should provide clear guidelines for establishing the presence of hazardous materials in soils prior to their disturbance during construction. x Stormwater Runoff/Impervious Surfaces – The project should consider whether stormwater infrastructure and retention facilities designed for larder storm events would be appropriate to accommodate anticipated future climatic events. x Well Construction – New wells that are constructed must be constructed according to the requirements of Minnesota Statutes Chapter 103I and Minnesota Rules chapter 4725. Abandoned wells must be properly sealed. May 2014 2 Minnesota Department of Transportation x I-35W/County Road H Interchange o Stages 3 and 4 of the proposed interchange improvements will require approval from the Joint Interchange Planning Review Committee o Stages 2, 3, and 4 of the proposed interchange improvements are not shown in enough detail. MnDOT is not requesting additional information at this time but sharing information. MnDOT lists specific concerns for each stage. o MnDOT will not support plans which will add capacity or traffic volume to the I-35W/CR H interchange if it retains the existing weaving from the CR H loop to southbound I-35W. The loop should be closed until the barrier separation is in place. o The CR H bridge will need to accommodate the planned MnPASS lane, the two-lane ramps connecting US 10 with I-35W to and from the north, and the loop to eastbound US 10 and in stage 3, southbound I-35W. Minnesota Pollution Control Agency x No comments at this time Metropolitan Council x Item 6 Project Description o Clarify that the comprehensive plan amendment will reflect the land use plan selection and align with the final organization of those land uses on the property, including any adjustments to land use densities or intensities, if needed. o If Ramsey County pursues the land exchange, an amendment to the Rice Creek North Regional Trail Master Plan must be approved by the Metropolitan Council. The land exchange will also need to comply with the System Protection requirements delineated in the Regional Parks Policy Plan. x Item 8 Permits and Approvals Required o When the City makes application to the MPCA for a permit to construct each segment of the sanitary sewer, a copy of the plans, design data, and a location map will also need to be submitted to the Metropolitan Council for review by Environmental Service Municipal Services staff. x Item 9 Land Use o Revise reference to Rice Creek Regional Park to Rice Creek North Regional Trail x Item 11 Water Resources o Future analysis may be needed to evaluate potential water supply impacts resulting from severe contamination on the TCAAP property and neighboring areas o The Council encourages implementation of new water conservation and stormwater management strategies as part of construction and site landscaping. o New data from the National Weather Service should be used in the calculation of runoff from the site to ensure that proposed stormwater conveyance, treatment, and infiltration facilities will be properly sized to accommodate future runoff events. May 2014 3 x Item 13 Fish, Plant Communities, and Sensitive Ecological Resources o The Council encourages the City to incorporate an evaluation of the woodlands identified in Figure 7-1 in the Final AUAR and give consideration to preserving and incorporating as many as possible as an amenity into the stormwater treatment and infiltration system planned for the northwest portion of the study area. o The Council recommends, consistent with DNR impact minimization guidance for the Blanding’s turtle, that the proposed new roadways through the site specify the utilization of sloping, surmountable curbing through the project site. o Update reference to Rice Creek North Regional Trail Master Plan Amendment x Item 18 Transportation o Review Appendix D of the TPP to determine the most appropriate classification for the spine road o Stages 3 and 4 of the I-35W/CR H interchange improvements will need to be reviewed by the Joint Interchange Planning Review committee. x Figures – Update maps to reflect the entire Rice Creek North Regional Trail and Wildlife Corridor x Draft Mitigation Plan o Item 13a – This section should discuss how the proposed green corridor will interact with Ramsey County’s wildlife corridor x Figure T2 – Future planning for the potential roadway crossing Rice Creek North Regional Trail should be coordinated with Ramsey County Parks x Appendix C. TCAAP Traffic Study o Using ITE trip generation rates is generally not recommended for large developments, and local data has shown that many ITE trip generation rates are likely higher than observed in this area. o Delays shown in unmitigated traffic analysis are unrealistic and do not take in account likely diversion of trips to other roadways. Forecasts using a regional scale model would show this. o Any new freeway access at CR H will need to be reviewed by MnDOT/Metropolitan Council interchange committee as discussed earlier in the comment letter City of Shoreview x Study Area Delineation – Future development of the TCAAP property will have an impact on Rice Creek, the Ramsey County Regional Trail and Wildlife Corridor, and County Road I. The study area should be expanded or additional information provided in order to determine the full impact on these natural features and the adjacent transportation network that includes Shoreview. x Section 9 Land Use – Future development efforts should preserve the integrity of the Rice Creek Regional Trail (and planned future improvements as outlined in the 2013 amendment to the Rice Creek Regional Trail Master Plan) and provide local connections. x Section 18 Transportation o Aligning a future road connection with Rice Creek Parkway has the potential to change the character of roadway given that it will become an attractive alternative for the congestion at I- 35W/Highway 10 in the peak rush hour. Such a connection could result in potential impacts to May 2014 4 residential land uses in the area because of the traffic volumes and vehicle distribution (i.e., more trucks and heavy commercial). o It is unclear how a potential six-legged intersection of Rice Creek Parkway/CR I/TCAAP/I-35W Freeway Ramp would function and preserve existing access to I-35W. The City strongly desires to maintain existing access to and from I-35W at CR I for their residents. o The AUAR does not provide sufficient details about the potential future connection CR I. More detailed analysis including traffic projections and alignment options need to be identified so the impacts to the road system and adjoining land uses in Shoreview can be determined. A collaborative approach involving MnDOT, Ramsey County, and adjoining cities should be initiated to assess and review the transportation impacts from future improvements that support the TCAAP development. Lyle Salmela x VOC/Radon Abatement o Per state and city building codes, all new residential structures at TCAAP should be protected and abated for radon and VOCs; the public should have this knowledge and it should be discussed with the MDH radon/VOC regulatory personnel. o The AUAR states that VOCs will be remediated to comply with MPCA Tier 1 residential standards. This may be misleading because VOCs/radon are not remediated but abated but building codes and construction standards. o Where can the public review the RAP/DRAP? o Commercial and industrial construction requires vapor barriers under concrete slabs. Whether to provide further code regulation would be up to the City to amend the applicable codes. To prevent past 3M and General Mills issues it should be discussed. x Transportation – CR H/I-35W o Will phases 1-4 (Figure 18-1) come in succession until the total project is done or on separate start and completion dates? If not in succession then phase 4 should be included with phase 1 because major construction would be on the same side of 35W. Also a traffic lane should connect Hwy 10 north with the CR H roundabout. o It appears that the traffic analysis is based on the full build out of TCAAP and 2030 I-35W traffic. The analysis does not mention anything about what the Metropolitan Council, Ramsey County, MnDOT, Metro Transit, Chamber of Commerce, and I-35W corridor cities including Arden Hill s have for further plans for I-35W north and I-694. The AUAR should address what these governmental bodies are planning and how they view this rebuild.