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HomeMy WebLinkAbout11-5-14-PCAPPROVAL OF THE AGENDA APPROVAL OF MINUTES October 8, 2014, Planning Commission Regular Meeting 10 -08 -14 PC.PDF October 8, 2014, Planning Commission Work Session 10 -08 -14 PCWS.PDF PLANNING CASES Planning Case 14 -027 - Site Plan Review & Variance - 1160 Grey Fox Road (No Public Hearing Required) PC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF Planning Case 14 -028 - Site Plan Review & Variance - 3728 Dunlap Street North (No Public Hearing Required) PC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF Planning Case 14 -033 - Variance - 3755 Dunlap Street North (No Public Hearing Required) PC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF UNFINISHED AND NEW BUSINESS COMMENTS AND REPORTS PLANNING COMMISSION COMMENTS & REQUESTS Report From The City Council 11 -05 -14 - REPORT FROM THE CITY COUNCIL.PDF TCAAP Update PC 11 05 14.PDF ADJOURN A quorum of the City Council may be present at this meeting. Chair: Clayton Larson Commissioners: Angela Hames Andy Holewa Roberta Thompson Clayton Zimmerman Brent Bartel Steven Jones Council Liaison: Fran Holmes Planning Commission November 5, 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: 2.B. Documents: 3. 3.A. Ryan Streff, City Planner Documents: 3.B. Ryan Streff, City Planner Documents: 3.C. 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 Prepared By APPROVAL OF THE AGENDAAPPROVAL OF MINUTESOctober 8, 2014, Planning Commission Regular Meeting 10 -08 -14 PC.PDFOctober 8, 2014, Planning Commission Work Session 10 -08 -14 PCWS.PDFPLANNING CASESPlanning Case 14 -027 - Site Plan Review & Variance - 1160 Grey Fox Road (No Public Hearing Required) PC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDFPlanning Case 14 -028 - Site Plan Review & Variance - 3728 Dunlap Street North (No Public Hearing Required) PC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF Planning Case 14 -033 - Variance - 3755 Dunlap Street North (No Public Hearing Required) PC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF UNFINISHED AND NEW BUSINESS COMMENTS AND REPORTS PLANNING COMMISSION COMMENTS & REQUESTS Report From The City Council 11 -05 -14 - REPORT FROM THE CITY COUNCIL.PDF TCAAP Update PC 11 05 14.PDF ADJOURN A quorum of the City Council may be present at this meeting. Chair:Clayton LarsonCommissioners:Angela HamesAndy HolewaRoberta ThompsonClayton ZimmermanBrent BartelSteven Jones Council Liaison:Fran Holmes Planning CommissionNovember 5, 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:2.B.Documents:3.3.A.Ryan Streff, City PlannerDocuments:3.B.Ryan Streff, City Planner Documents: 3.C. 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 Prepared By Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, OCTOBER 8, 2014 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Vice Chair Roberta Thompson called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Vice Chair Roberta Thompson, Commissioners Angela Hames, Andrew Holewa, Steven Jones, and Clayton Zimmerman. Absent: Chair Clayton Larson and Commissioner Brent Bartel. Also present were: Community Development Director Jill Hutmacher; City Planner Ryan Streff; Associate Planner Matthew Bachler; and Councilmember Fran Holmes. APPROVAL OF AGENDA – OCTOBER 8, 2014 Vice Chair Thompson stated the agenda will stand as published. APPOINTMENTS A. Resignation of Samuel Scott Associate Planner Bachler stated that on September 11, 2014, Samuel Scott submitted his official resignation as a member of the Planning Commission. Within his resignation, Mr. Scott stated that he was resigning as a result of a change in his work schedule. Mr. Scott has served on the Commission since 2010, and his current term was set to expire on December 31, 2016. As stated in the City ordinance the vacant commission position will resume with the term of the resigning commission member. Staff reported that during the Regular City Council meeting on September 29, 2014, the Council approved the resignation of Samuel Scott from the Arden Hills Planning Commission. Vice Chair Thompson explained that the Planning Commission had two alternate position vacancies. Any residents interested in serving were encouraged to view the City’s website or contact City Hall. B. Appointment of Steven Jones ARDEN HILLS PLANNING COMMISSION – October 8, 2014 2 Associate Planner Bachler reported that Steven Jones was appointed by the City Council as an alternate member of the Planning Commission in January of 2014. Commissioner Jones has now served in the alternate position for eight months and during this time has provided excellent feedback and dialogue with applicants and other Commissioners. After hearing of the vacancy that was created by the resignation of Samuel Scott, Mr. Jones expressed his interest in becoming a regular member on the Planning Commission. Staff explained that during the Regular City Council meeting on September 29, 2014, the Council unanimously approved the recommendation of the Planning Commission liaison to appoint Mr. Jones as a regular member of the Planning Commission. Mr. Jones will fulfill the term that was previously being served by Samuel Scott. His term will expire on December 31, 2016. APPROVAL OF MINUTES September 3, 2014 – Planning Commission Regular Meeting Commissioner Holewa moved, seconded by Commissioner Hames, to approve the September 3, 2014, Planning Commission Regular Meeting minutes as presented. The motion carried unanimously (5-0). September 3, 2014 – Planning Commission Work Session Commissioner Holewa moved, seconded by Commissioner Hames, to approve the September 3, 2014, Planning Commission Work Session Meeting minutes as presented. The motion carried unanimously (5-0). PLANNING CASES A. Planning Case 14-030; Site Plan Review; 4105 Lexington Avenue North – Not a Public Hearing City Planner Streff explained that the applicant has requested a Site Plan Review to reconfigure the existing parking lot on the property to allow for the rearrangement of parking areas, relocation of the access along County Road F West, closure of the access along Lexington Avenue North and other internal modifications that will maximize efficiency of the parking and driving areas at 4105 Lexington Avenue North. City Planner Streff stated that Gradient Financial owns the property located at 4105 Lexington Avenue, which is zoned I-1 Limited Industrial District. The property is generally positioned north of County Road F, south of Boston Scientific, east of Hamline Avenue and west of Lexington Avenue. City Planner Streff reported that the applicant is proposing to reconfigure the existing parking lot on the property in order to provide better accessibility to the front entrance of the Gradient Financial building and to plan for Ramsey County’s future reconstruction of the Lexington Avenue North and County Road F West intersection. The improvements to this intersection will result in the loss of parking spaces and the vehicle access along the eastern side of the property. The County’s project in this area is projected to begin during the 2015 construction season. As ARDEN HILLS PLANNING COMMISSION – October 8, 2014 3 indicated by the applicant a two-phased approach would be used in order to complete the proposed project. In the fall of 2014, during Phase 1, the western half of the parking lot would be reconstructed. Construction of Phase 2 is proposed to be completed in 2015, and will include the remaining eastern half of the parking lot. City Planner Streff indicated that in Phase 1 of construction a new access off of County Road F West would be constructed slightly to the west of the existing access in order to align the new access with the new driveway section being constructed up to the front entrance of the building. The proposed design is intended to better facilitate traffic movements within the site and to orient drivers towards the front of the building. As part of the new driveway design, a one-way traffic circle is being proposed to move drivers more efficiently towards the front entrance before transitioning to a parking space within the parking lot or to the front drop-off location. During Phase 1 new parking spaces would be created along the southwestern edge of the parking lot to make up for the spaces lost during the construction of the new entrance off of County Road F West and closure of the access in Phase 2 along Lexington Avenue North. The modifications being made to the parking lot in Phase 1 are being completed in order to accommodate the roadway expansion project proposed by Ramsey County at the intersection of Lexington Avenue North and County Road F West. City Planner Streff explained that during Phase 2 of construction the secondary driveway along Lexington Avenue North would be permanently closed so that a right turn lane onto County Road F West can be constructed. The roadway expansion project would result in the removal of additional parking spaces along the eastern side of the property. The removal of these parking spaces is critical to the plans as this additional space is needed for the new turn lane and landscaping buffer along Lexington Avenue North. Phase 2 includes new parking spaces along the north property line and around the rain garden that is proposed to be constructed within the old driving lane that provided access out to Lexington Avenue North. Site Data Land Use Plan: I/O - Light Industrial and Office Existing Land Use: Office Zoning: I-1 – Limited Industrial District Current Lot Sizes: 5.17 Acres Topography: Fairly Flat City Planner Streff reviewed the surrounding area and the Plan Evaluation. He provided the following Findings of Fact for review: General Findings 1. The property is located in the I-1 Limited Industrial Zoning District. 2. The lot is 226,098 square feet in size with approximate dimensions of 640 feet in width, and 350 feet in depth. 3. The property currently consists of a principal building 24,006 square feet in size and an accessory structure 1,800 square feet in size. 4. Ramsey County is proposing traffic improvements along Lexington Avenue North and County Road F West. 5. The property currently has access off of both Lexington Avenue North and County Road F West. ARDEN HILLS PLANNING COMMISSION – October 8, 2014 4 6. In Phase 1 of construction the access off of County Road F West and the driveway that provides access to the front of the building will be moved slightly to the west of its current location. 7. In phase 2 of construction the access off of Lexington Avenue North will be closed. 8. That the construction of Phase 1 is planned for the fall of 2014, and the construction of Phase 2 is planned to commence once the County finalizes their plans and/or begins the roadway improvement to Lexington Avenue and County Road F West. 9. The Zoning Code requires 97 parking spaces be provide on this property for this use. 10. The parking lot currently contains 277 parking spaces. 11. After completion of Phase 2 the parking lot will contain 264 parking spaces. 12. The proposed lot coverage is within the zoning district requirements. City Planner Streff stated the findings of fact for the Site Plan Review 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 of the Site Plan Review, staff recommends the following seven (7) conditions: 1. That the project shall be completed in accordance with the plans submitted as amended by th e 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 exact location of the new access along County Road F shall be approved by Ramsey County and the RCWD. That all curb cuts along the County Road shall be a minimum width of twenty-six (26) feet or a maximum width of thirty-two (32) feet. 3. That the applicant shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of a grading permit. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank. The purpose of the letter of credit is to ensure that landscaping is completed in the event that the developer defaults on the approved plan. The City will hold the letter of credit for two years after the installation of landscaping. The letter of credit should not expire during the two-year period. 4. That the final tree and landscaping plan shall be approved by the City before the issuance of the grading permit to ensure that the plan meets the landscaping regulations stated in Section 1325.05 of the City Code. 5. That any newly created parking space or parking area shall meet the parking regulations stated in Section 1325.05 of the City Code. 6. That a lighting and security plan shall be submitted and approved by the City and the Ramsey County Sheriff. At a minimum it shall meet the requirements stated in Section 1325.50 Subd. 3 of the City’s Zoning Code. 7. That a Grading and Erosion Control Permit shall be issued by the City before the commencement of any construction, grading or disturbance of soil within the parking lot area. City Planner Streff reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions ARDEN HILLS PLANNING COMMISSION – October 8, 2014 5 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table Vice Chair Thompson opened the floor to Commissioner comments. Commissioner Holewa questioned how many parking spaces were required by City Code. City Planner Streff explained that 288 parking spaces were required by Code and the applicant was requesting 264 spaces. He reviewed the site plan in further detail with the Commission. It was noted the site currently had 277 parking spaces. Commissioner Hames inquired how full the current parking lot was for this business. Nate Cote, Gradient Financial representative, explained that Gradient Financial has reviewed the parking requirements and believe that all parking needs would be met. He indicated the site has not encountered any parking concerns to date. Commissioner Jones asked how much shared/open building space the Gradient building had. City Planner Streff estimated this to be approximately 9,600 square feet. Commissioner Holewa requested further information on the work that would be completed on Lexington Avenue. Joe Lux, Ramsey County Senior Planner, reviewed the plans the County had for Lexington Avenue noting turn lanes would be added. He commented the entire surface would be redone with reinforced concrete. The project would begin next spring and should take three months to complete. He discussed how the project would be phased. Commissioner Hames moved and Commissioner Jones seconded a motion to recommend approval of Planning Case 14-030 for Site Plan Review at 4105 Lexington Avenue North based on the findings of fact and the submitted plans, as amended by the seven (7) conditions in the October 8, 2014, report to the Planning Commission. Vice Chair Thompson appreciated the detailed landscaping plan and the fact that the applicant was working with the County on their plans. The motion carried unanimously (5-0). B. Planning Case 14-031; PUD Amendment – 3200 Lake Johanna Boulevard – Public Hearing Associate Planner Bachler stated that Presbyterian Homes of Arden Hills has requested a Master and Final Planned Unit Development (PUD) Amendment for the Johanna Shores redevelopment project located at 3200 Lake Johanna Boulevard. ARDEN HILLS PLANNING COMMISSION – October 8, 2014 6 Associate Planner Bachler explained that in November 2010, the City Council approved a Master and Final PUD for the redevelopment of the Johanna Shores care facility at 3200 Lake Johanna Boulevard in Planning Case 10-012. This case also included the approval of a Preliminary and Final Plat and the rezoning of the property from R-2 to R-4 to bring the mix of residential uses on the property into compliance with the Zoning Code. The redevelopment project was divided into Phase I and Phase II, and also included certain utility improvements and the demolition of two existing buildings on the site. The existing McKnight Care Center has remained in its current location and will not be altered as part of the redevelopment. Associate Planner Bachler reported that Phase I of the project has largely been completed. This phase entailed the demolition of the existing Lakeview Building and the construction of a new building in its place. The new primary facility contains 162 units. The units are comprised of 72 assisted living units, 36 memory care units, and 54 independent senior apartments. At the time the Master PUD was approved, there were discussions about including four hospice units in the new Lakeview Building. However, this program was not implemented and the four units were, therefore, never constructed. Certain utility improvements on the site, including the reconstruction of an existing sanitary sewer line along the easterly frontage of Lake Johanna, were also required to be completed as part of Phase I. All of these improvements have been completed within the schedule outlined. Associate Planner Bachler stated that the second phase of the approved Master PUD includes the construction of two brownstone-style apartment buildings that would house a total of 36 independent senior apartments. These buildings were to be built on the site of the existing Sutton Place apartments. Presbyterian Homes has since demolished the Sutton Place apartment building in preparation for undertaking Phase II of the project. Construction on the brownstone apartments is expected to commence in the spring of 2015 and be completed before December 31, 2016. In conjunction with Phase II of the Master PUD, the applicant will also be undertaking road improvements along County Road D adjacent to their property as outlined in the Contract for Private Development between the City and Presbyterian Homes. Associate Planner Bachler indicated that the proposed PUD Amendment includes four separate components: • Amend the configuration of the Brownstone Buildings to be completed in Phase II. • Revise the Construction Schedule outlined in the PUD Development Agreement to reflect the delay in the expected start date on the Brownstone Buildings. • Reallocate the four hospice units that were to be constructed in the Lakeview Building to the Brownstone Buildings as independent senior units increasing the number of units in the Brownstone Buildings from 36 to 40. • Amend the conditions in the PUD Agreement to allow for the removal of the required speed bumps on the County Road D driveway if the traffic study to be completed one year following the completion of the redevelopment project supports such removal. Associate Planner Bachler commented that the layout for Phase II was altered due to challenges presented by the elevation change between the Brownstone Buildings and the primary facility. As originally proposed, the Phase II buildings would have been situated closer to the intersection of County Road D and Lake Johanna Boulevard with a large area of open space and steeper grades between them and the main building. Given the senior population that will be residing in the ARDEN HILLS PLANNING COMMISSION – October 8, 2014 7 buildings, the only way to mitigate this challenge would have been through constructing long and inefficient switchbacks. By reorienting the Brownstone Buildings closer to the Lakeview Building and constructing into the side of the sloping terrain, Presbyterian Homes will be able to provide entries to the buildings that are at grade and significantly closer to the main building and trail system. An additional benefit of this design change is that the buildings will be connected with a link at the garage and ground level that will better tie the buildings together visually. Along with the reconfiguration of the Brownstone Buildings, the site plan shows that the open space area and location of walkways in-between the buildings will be redesigned. Associate Planner Bachler stated that the second component of the amendment is to revise the construction schedule outlined in the PUD Development Agreement. Under the current construction schedule, Presbyterian Homes was required to begin site work for the first Brownstone Building in September 2013 and begin construction of the second Brownstone Building in March of 2014. Additionally, all final landscaping and hardscaping improvements for the property were to be completed by the spring of 2015. While Sutton Place has been demolished and the area stabilized, for efficiency reasons Presbyterian Homes does not expect to start on the construction of the Brownstone Buildings until 2015. Therefore, they are requesting that the construction schedule be amended to reflect the revised anticipated schedule. Presbyterian Homes would be required to obtain a Grading and Erosion Control Permit and commence preliminary site work for the Brownstone Buildings by December 31, 2014, and to begin construction on the buildings by June 30, 2015. All final landscaping and hardscaping improvements would need to be completed by December 31, 2016. Associate Planner Bachler explained that Presbyterian Homes is requesting that the four hospice units approved under the Master PUD for the Lakeview Building be reallocated to Brownstone Buildings as independent senior apartments. If approved, the number of units in the buildings would increase from 36 to 40. As discussed previously, the hospice units were approved for the Lakeview Building but were not constructed because a hospice program was not implemented by the organization. The space in the Lakeview Building where the hospice units were to be constructed is now being used as additional storage space for the facility and will not be used for residential purposes. This request would not increase the total of 410 dwelling units approved in the original Master PUD and the approved net density of 18.2 units per acre would remain unchanged. Associate Planner Bachler indicated that the final component of the PUD Amendment request is a revision to the conditions in the PUD Development Agreement regarding traffic calming. Presbyterian Homes is now in the process of installing three speed bumps on the County Road D driveway between the parking lot of the primary building and where the Brownstone underground parking will be located, as required by the PUD Development Agreement. The purpose of these speed bumps was to deter residents from using the County Road D access driveway and to limit the amount of traffic that would cut through Wheeler Avenue in Roseville. Presbyterian Homes has noted that the heavy use of the County Road D access has not materialized and that the City of Roseville has taken the additional step of temporarily closing off access to Wheeler Avenue from County Road D. The request is to amend the PUD Development Agreement to state that if upon the completion of the required Wheeler Avenue and County Road D Traffic Study one year after the full redevelopment of the site it is determined that the three speed bumps are not necessary for traffic calming purposes that Presbyterian Homes be permitted to remove them. ARDEN HILLS PLANNING COMMISSION – October 8, 2014 8 Associate Planner Bachler commented that the Planned Unit Development process is a tool that provides additional flexibility for development that an underlying zoning district would not otherwise allow. For example, a PUD may make exceptions to setbacks, lot coverage, parking requirements, signage, building materials, or landscaping requirements. It is intended to overcome the limitations of zoning regulations and improve the overall design of a project. While the PUD process allows the City to negotiate certain aspects of the development, any conditions imposed on the PUD must have a rational basis related to the expected impact of the development. A PUD cannot be used to permit uses that would not otherwise be permitted in the underlying zoning district. Associate Planner Bachler stated that in the original Master PUD approval, the City granted Presbyterian Homes flexibility in terms of building height and density. The maximum building height in the R-4 District is 35 feet and the Lakeview Building was permitted to be constructed at an average height of 46 feet above grade. Prior to receiving approval of the Master PUD, the Johanna Shores facility operated under two Conditional Use Permits, which granted approval for a net density of 17.6 units per acre on the property. The maximum density in the R-4 District is 12 units per acre. The Master PUD included an additional 14 units on the property, which increased the approved net density for the site to 18.2 units per acre. Site Data Land Use Plan: Public and Institutional Existing Land Use: Public and Institutional Zoning: R-4: Multiple Dwelling District Current Lot Sizes: 22.5 acres Topography: Varying topography, but generally sloping down to the north and east Associate Planner Bachler reviewed the surrounding area, the Plan Evaluation and the Traffic Review. Associate Planner Bachler provided the Findings of Fact for review: General Findings: 1. The property is located in the R-4 Multiple Dwelling District. 2. The City Council approved the Master Planned Unit Development and Final Planned Unit Development Plans for the property in Planning Case 10-012 (Resolution No. 2010-067) on November 29, 2010. 3. The PUD Development Agreement requires that any significant changes to the approved plans be reviewed by the Planning Commission and approved by the City Council. 4. The PUD process allows for flexibility within the City’s zoning regulations through a negotiated process with a developer. 5. The applicant is requesting an amendment to the approved Master and Final PUD for revised development plans for Phase II of the redevelopment project. 6. The revised development plans for Phase II of the project are in substantial conformance with the Master and Final PUD plans approved in Planning Case 10-012. 7. The applicant is requesting an Amendment to revise the Construction Schedule outlined in the PUD Development Agreement to reflect the delay in the expected start date on the Brownstone Buildings. ARDEN HILLS PLANNING COMMISSION – October 8, 2014 9 8. Under the revised Construction Schedule, Phase II of the project would still be completed prior to December 31, 2016, as required by the Contract for Private Development signed by and between the City and Presbyterian Homes of Arden Hills, Inc. 9. The applicant is requesting an Amendment to the approved Master and Final PUD to reallocate the four hospice units that were to be constructed in the Lakeview Building to the Brownstone Buildings as independent senior apartment units. 10. The additional four independent senior apartment units proposed for the Brownstone Buildings would not increase the 410 units and net density of 18.2 units per acre approved for the property in Planning Case 10-012. 11. The applicant is requesting an Amendment to revise the conditions in the PUD Agreement to allow for the removal of the required speed bumps on the County Road D driveway if the traffic study to be completed one year following the completion of the redevelopment project supports such removal. 12. The Master and Final PUD approved in Planning Case 10-012 are in substantial conformance with the requirements of the City’s Zoning Code. 13. Where the Master and Final PUD are not in conformance with the City’s Zoning Code, flexibility has been granted and/or conditions have been placed on the approval to mitigate the nonconformity. 14. The proposed Amendments will not result in any new nonconformity not already approved in the Master and Final PUD for the property. 15. The proposed Amendments to the Master and Final PUD are not anticipated to create a negative impact on the immediate area or the community as a whole. Associate Planner Bachler stated that based on the submitted plans and findings of fact, staff recommends approval of Planning Case 14-031 for a Master and Final Planned Unit Development Amendment for the Johanna Shores redevelopment project located at 3200 Lake Johanna Boulevard. Staff is recommending that the following sixteen (16) conditions be included with the approval: 1. The project shall be completed in accordance with the submitted plans 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. An amendment to the PUD Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The document shall be executed prior to the issuance of a building permit. 3. The Developer shall obtain a Grading and Erosion Control Permit and commence initial site work on Phase II by December 31, 2014. 4. The Developer shall obtain a building permit for Phase II by June 30, 2015, or the approval shall expire unless extended by the City Council prior to the approval’s expiration date. Extension requests must be submitted in writing to the City at least 45 days prior to the expiration date. 5. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of a building permit. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank, and be in a form acceptable to the City. The purpose of the letter of credit is to ensure that site improvements are completed in the event that the developer defaults on the PUD Development Agreement. ARDEN HILLS PLANNING COMMISSION – October 8, 2014 10 6. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of a building permit. The escrow will be used for City costs related to review, approval, and inspection of site improvements or any costs incurred by the City in the event of a developer default. 7. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of a building permit. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank. The purpose of the letter of credit is to ensure that landscaping is completed in the event that the developer defaults on the Development Agreement. The City will hold the letter of credit for two years after the installation of landscaping. The letter of credit should not expire during the two-year period. 8. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of landscaping prior to the issuance of a building permit. The escrow will be held by the City for two years after installation of landscaping and used for City costs related to review, approval, and inspection of landscaping, or developer default. 9. The Developer shall provide the City with all necessary permits, including, but not limited to Rice Creek Watershed District and NPDES, prior to the issuance of the City Grading and Erosion Control Permit. 10. The final plans shall be subject to approval by the Fire Marshall prior to the issuance of a building permit. 11. The final grading, drainage, and utility plans shall be subject to approval by the City Engineer prior to the issuance of any City permits. 12. A lighting and security plan shall be reviewed and approved by the City and the Ramsey County Sheriff’s Department prior to issuance of a building permit. 13. Upon completion of grading and utility work on the site, a grading as-built and utility as- built shall be provided to the City for review. 14. The Developer shall complete certain road improvements on Sandeen Road prior to the issuance of a Certificate of Occupancy for Phase II. These road improvements shall be defined as a one and one-half inch (1-1/2”) bituminous mill and overlay between Lake Johanna Boulevard and the northern access driveway to the property. The Developer shall construct the Sandeen Road improvements at Developer’s cost and in accordance with plans and specifications approved by the City. 15. The plans and specifications for the sidewalk improvements within the County Road D right-of-way shall be subject to approval by the City. A right-of-way permit shall be obtained for all work completed within the Ramsey County right-of-way. 16. If the Developer elects to undertake the construction of the County Road D Improvements as outlined in the Contract for Private Development, the Developer must provide written notice to the City of its intent to exercise this option, which notice must be delivered before the date of any initial improvement hearing held by Roseville under Minnesota Statutes, Chapter 429 regarding the County Road Improvements. The Developer shall construct the County Road Improvements at Developer’s cost, in accordance with plans and specifications approved by the City, and shall substantially complete such construction by December 31, 2016. Associate Planner Bachler reviewed the options available to the Planning Commission on this matter: ARDEN HILLS PLANNING COMMISSION – October 8, 2014 11 1. Recommend Approval 2. Recommend Denial 3. Table Vice Chair Thompson opened the floor to Commissioner comments. Commissioner Hames thanked staff for the thorough report. Commissioner Jones requested further information on the speed bumps. Associate Planner Bachler discussed the location of the proposed speed bumps noting they would be located on the Presbyterian Homes property. Commissioner Hames questioned what the City of Roseville’s plans were for Wheeler Avenue. Associate Planner Bachler reported that Presbyterian Homes is working with the City Public Works Department to set up a meeting with the City of Roseville to discuss this matter in further detail. It was his hope that staff would have additional information prior to the Council meeting on October 27th. Pam Belz, Presbyterian Homes and Services, introduced herself to the Planning Commission and thanked them for considering the proposed project. She provided comment on the traffic study and noted the speed bumps may not be necessary due to the closure of Wheeler Avenue. Commissioner Hames recommended that any changes to the traffic calming requirements be made based on the traffic study and that it not be held up by the City of Roseville. She questioned how the building plans had changed from the original request. Ms. Belz reviewed in detail with the Commission how the buildings had changed noting the two buildings were now connected to improve access to their residents. Vice Chair Thompson opened the public hearing at 7:44 p.m. Vice Chair Thompson invited anyone for or against the application to come forward and make comment. Dave Short, 3156 Shorewood Drive, discussed how the traffic along County Road D and Shorewood Drive has increased substantially since the closure of Wheeler Avenue. He stated he would appreciate if a “Dead End” sign could be posted at the entrance to Shorewood Drive on County Road D. Annette Phillips, 3084 Shorewood Lane, provided comment on the brownstones and compared them to the buildings that were originally presented to the City. She questioned the height of the newly proposed buildings. Associate Planner Bachler reported the original units were 33 feet in height and as proposed, the maximum height would be 29 feet - 7 inches. ARDEN HILLS PLANNING COMMISSION – October 8, 2014 12 Tim Callahan, 3062 Shorewood Lane in Roseville, expressed concern with the amount of traffic flowing in and out of Presbyterian Homes on a daily basis. He suggested that the speed bumps remain in place given the level of traffic in this area. He was pleased that Wheeler Avenue was closed off as this kept Presbyterian Homes traffic out of the adjacent neighborhood. He recommended that the City require larger trees be planted in order to replace the trees that would be lost. He discussed the increasing impact Presbyterian Homes had on the adjacent homeowners. He did not approve of the proposed outdoor lighting and anticipated this light would wash onto his property. He feared that the homes surrounding Presbyterian Homes would continue to decrease in value. Dave Seaburg, 3104 Fairview Avenue, believed the new plan would result in the brownstone buildings being constructed too close to one another. He then expressed concern with the height of the brownstone buildings. Michelle Lacy, 3167 Shorewood Drive, provided comment on the traffic concerns along Shorewood Drive. She reported the homes in her neighborhood had only one access point since Wheeler Avenue has closed. It was her hope that the Presbyterian Homes traffic would cease flowing into her neighborhood. Peter Davitt, 3151 Shorewood Drive, was disappointed with the proposed plans for the brownstone units. He understood that Presbyterian Homes was interested in creating more units, however, he had concern with the size of the building. He commented that the new building was proposed to be 20% larger than originally requested and had 7,000+ more square feet. It was his understanding, as stated by Ms. Beekman that the original PUD was put in place to “protect” the surrounding homeowners in the future. He recommended that the brownstone building be held to its original requested size. He suggested that Presbyterian Homes be held to the landscaping plan and the promised grounds improvements. Jim Day, 3242 Sandeen Road, inquired where the Presbyterian Homes staff would be parking when 20+ spaces are lost due to the construction of the proposed brownstones. He noticed that the parking lots at Presbyterian Homes are quite full and did not want staff parking to overflow onto Sandeen Road. There being no additional comment Vice Chair Thompson closed the public hearing at 8:10 p.m. Vice Chair Thompson asked if the new brownstone units would require additional staff and parking. Ms. Belz understood staff was currently parking where the brownstone buildings on County Road D would sit. She stated that parking counts have been conducted for the entire site and all staff members can be accommodated through on-site parking. She reported that the staffing level would not be increased after the brownstone units were constructed as these would be independent living units and maintenance would be completed by current employees. Vice Chair Thompson questioned where the construction traffic would be located. Ms. Belz reported the foreman of the project would be allowed to park on site and all other construction traffic would have to seek alternative parking. ARDEN HILLS PLANNING COMMISSION – October 8, 2014 13 Commissioner Holewa requested additional information on the trees and fencing between Presbyterian Homes and Shorewood Drive. Ms. Belz explained that the original plan for this area within the PUD was for the trees to remain as is. However, a storm last year downed several nice trees. She reported it would be cost prohibitive to remove the cottonwood trees. She commented she was willing to work with the City to create an acceptable plan for this area. It was noted the chain link fence and buckthorn would be removed. Commissioner Holewa thanked Presbyterian Homes, along with staff for their assistance in completing the triangle parcel. Commissioner Hames questioned if the lighting plan and amount of lumens for this area had changed significantly. Associate Planner Bachler indicated that Presbyterian Homes has submitted a photometric plan and staff reviewed this plan along with the Ramsey County Sheriff’s Department. There were concerns with the lighting plan and the high level of foot-candle measurements in several areas. These concerns were expressed to Presbyterian Homes and revisions are being made to the lighting plan. Staff would be verifying the revised photometric plan to insure it meets the City’s lighting requirements, as noted within Condition 12. Commissioner Holewa moved and Commissioner Zimmerman seconded a motion to recommend approval of Planning Case 14-031 for a Master and Final Planned Unit Development (PUD) Amendment for the Johanna Shores Redevelopment Project located at 3200 Lake Johanna Boulevard based on the findings of fact and the submitted plans, approving all four (4) amendments, as amended by the sixteen (16) conditions in the October 8, 2014, report to the Planning Commission. Commissioner Holewa stated he supported the four PUD amendments as recommended by staff. Commissioner Hames also supported the PUD amendments. She suggested staff be more proactive in posting “No Parking” signs on Sandeen Road and Shorewood Drive. Vice Chair Thompson appreciated the pathways and greenspace that would be created through the proposed PUD amendments. Commissioner Jones thanked the neighbors for voicing their comments and concerns this evening. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS None. REPORTS ARDEN HILLS PLANNING COMMISSION – October 8, 2014 14 A. Planning Commission Comments and Requests None. B. Report from the City Council Councilmember Holmes updated the Planning Commission on City Council activities from the September 8, 2014, City Council Work Session stating the City Council reviewed two concept plans presented by Roberts Management Group for the properties at 1235 Red Fox Road and 4200 Round Lake Road, also known as the Traverse Business Center site. Roberts Management Group would be proposing to develop both sites with multi-tenant light industrial buildings that would include a mix of office, manufacturing, warehousing, and retail uses. The plans presented to the City Council were only preliminary and no formal action was taken at this meeting. The City Council unanimously approved Planning Case 14-025, which was a Site Plan Review request at 3657 Snelling Avenue to construct a detached accessory garage in front of the single- family dwelling on the property. The Planning Commission recommended approval (5-0) of this case at their meeting on September 3, 2014. The City Council also unanimously approved Planning Case 14-026, which was a Variance request at 1830 Noble Road for the construction of a new single-family dwelling that would encroach 16.5 feet into the required secondary front yard setback. The Planning Commission recommended approval (5-0) of this case at their meeting on September 3, 2014. Councilmember Holmes discussed the two State of the City meetings that were held and was pleased with the attendance at this year’s events. C. TCAAP Update Community Development Director Hutmacher reported all buildings, with the exception of the steel beams in Building 502, have been wrecked to grade. Most underground utilities have been removed, and the removal of existing substations and utility poles has begun. As building slabs are removed, soil samples are being taken and submitted to the Minnesota Pollution Control Agency for clearance. Community Development Director Hutmacher stated the City Council has held two meetings with Gateway Planning, the zoning consultant. Drafts of the TCAAP zoning ordinance have been discussed by the City Council, and further revisions are anticipated. Additional meetings with Gateway Planning are scheduled for November 3 and 17, 2014. Community Development Director Hutmacher explained City staff, County staff, and financial consultants have been meeting with commercial and residential developers to get feedback on land values, absorption rates, and the draft zoning document. Developers are being invited to attend work session meetings to allow the City Council an opportunity to ask questions and have a direct dialogue with developers. Community Development Director Hutmacher indicated on September 8, Kent Carlson, Anderson Companies, and Todd Hanson, Cushman & Wakefield/Northmarq attended the City ARDEN HILLS PLANNING COMMISSION – October 8, 2014 15 Council work session. Much of the discussion centered around how to ensure that commercial development was attractive and that it was a good fit with other TCAAP development. The developers suggested that rather than limit the amount of space used for storage, the City could consider some of the following criteria: • Requirement for Class A exterior finish including windows • Limits on the number of dock doors per thousand square feet • Maximum clear height of twenty feet • Requirement for berming and/or significant landscaping in front of buildings to soften their appearance for residential drive-by traffic Community Development Director Hutmacher reported these criteria would allow manufacturers and high-tech industries to locate at TCAAP but would discourage distribution and warehouse users, which would bring a large volume of trucks but relatively few high-quality jobs. The developers believed that the site’s amenities including open space, trails, and proximity to retail and services would be attractive to users that offer high-quality jobs. Community Development Director Hutmacher commented that on September 22, 2014, representatives from Pratt Homes and Mattamy Homes attended the City Council work session. The developers provided insight into housing products desired by the market, housing characteristics including size and setbacks, and features and locations of parks and amenities. Developers advised the Council on how to have good transitions between residential and other uses and how to avoid monotony in residential development. Community Development Director Hutmacher stated based on developer comments, the City Council has directed staff to include a minimum ten-foot setback in every district to accommodate private utilities. Some districts may have greater setbacks. The City Council has also discussed allowing development to back onto park and open space areas provided that appropriate public access and views of open space are preserved. In some areas, this may not be possible depending on whether a trail can be accommodated within the water resources area or needs to be provided along an adjacent road. Community Development Director Hutmacher explained that on October 13, 2014, the City Council will discuss the JDA governance process, particularly with regard to how to balance the need for flexibility with maintaining the vision established by the City. The City Attorney and JDA Attorney are preparing information for City Council review. A brief discussion of park dedication requirements will also occur. Community Development Director Hutmacher reported the next workshop with Gateway Planning will be held at 6:00 pm (after the JDA meeting) on Monday, November 3, 2014. Planning Commissioners are invited to attend all Gateway workshops and City Council work sessions. Staff and consultants are scheduling work for the regulations and policies component of the master planning process. October 13, 2014, Special Work Session at 5:30 pm, Community Room • JDA Governance and Approval Process • Park Dedication Ordinance Discussion • Discuss Chapters 1-5 ARDEN HILLS PLANNING COMMISSION – October 8, 2014 16 October 20, 2014, Regular Work Session at 5:00 pm, Council Chambers • Discuss Chapter 11 (Sign Standards) • Discuss County Road H Improvements (Infrastructure) October 27, 2014, Special Work Session at 5:30 pm, Community Room (Note: EDA meeting at 6:00 pm – work session may be continued after regular meeting) • Water and Sewer System Update (Infrastructure) • Discuss Chapters 9-10 (Open Space Standards, Streetscape and Landscape Standards) November 3, 2014, Special Work Session at 6:00 pm, Council Chambers • Workshop with Gateway Planning o Discuss Chapter 8 (Street Design Standards) and Attachments o Discuss Cumulative Comments on TCAAP Zoning o Discuss Revised Master Land Use Plan Map November 10, 2014, Special Work Session at 5:30 pm, Community Room • Stormwater System Update (Infrastructure Team) November 17, 2014, Regular Work Session at 5:00 pm, Council Chambers • Final Workshop with Gateway Planning o Review entire document o Provide direction on remaining comments o Review complete Master Plan November 24, 2014, Special Work Session at 5:30 pm, Community Room • Final review of draft zoning document, future land use map, and Comprehensive Plan amendment in preparation for public hearings at December 3, 2014 Planning Commission Meeting December 1, 2014, Tentative (depending on City Council availability) Special Work Session at 6:30 pm, Community Room • Spine Road/County Road I/Thumb Road Update (Infrastructure) December 8, 2014, Special Work Session at 5:30 pm, Community Room • December Open House Meeting Preview (Infrastructure) December 15, 2014, Special Regular Meeting at 7:00 pm, Council Chambers • Approve Final Master Plan • Approve TCAAP Zoning • Approve Future Land Use Map • Approve Comprehensive Plan Amendment December 22, 2014, Special Work Session at 5:30 pm, Council Chambers • If necessary to review TCAAP zoning December 29, 2014, Regular Meeting at 7:00 pm, Council Chambers • If necessary to approve TCAAP zoning January 11, 2015, Special Work Session at 5:30 pm, Community Room ARDEN HILLS PLANNING COMMISSION – October 8, 2014 17 • Preliminary Plat Review (Infrastructure Team) January 25, 2015, Regular Meeting at 7:00 pm, Council Chambers • Receive Infrastructure Feasibility Report (Infrastructure Team) 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. Commissioner Zimmerman recommended staff speak with the Mounds View School District to discuss the impacts the development of TCAAP will have on the district. Community Development Director Hutmacher explained the school district was aware of the plans for TCAAP and was welcoming the influx of school aged children. ADJOURN Commissioner Holewa moved, seconded by Commissioner Zimmerman, to adjourn the October 8, 2014, Planning Commission Meeting at 8:54 p.m. The motion carried unanimously (5-0). Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WORK SESSION WEDNESDAY, OCTOBER 8, 2014 ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Vice Chair Roberta Thompson called to order the work session meeting at 8:55 p.m. ROLL CALL Present were: Vice Chair Roberta Thompson, Commissioners Angela Hames, Andrew Holewa, Steven Jones, and Clayton Zimmerman. Absent: Chair Clayton Larson and Commissioner Brent Bartel. Also present were: Community Development Director Jill Hutmacher; City Planner Ryan Streff; Associate Planner Matthew Bachler; and Councilmember Fran Holmes. APPROVAL OF AGENDA – OCTOBER 8, 2014 The Agenda was approved as presented. DISCUSSION ITEMS A. TCAAP Redevelopment Code (TRC) – Chapters 6-7 Community Development Director Hutmacher stated that Chapters 6 and 7 of the draft TCAAP zoning code are two of the longest and most detail-oriented chapters of the draft code. These chapters primarily address the placement and design of buildings to create an appealing pedestrian-friendly environment. Community Development Director Hutmacher explained that Chapter 6 (Building Site Development Standards) sets setbacks, building frontage, height, and other design requirements for each district. Higher standards are often placed on properties adjacent to Pedestrian Priority or Pedestrian Friendly frontages. These are located in the Office Mixed Use, Retail Mixed Use, Town Center, and Neighborhood Transition Districts as depicted in the attached draft Regulating Plan. ARDEN HILLS PLANNING COMMISSION WORK SESSION – OCTOBER 8, 2014 2 Community Development Director Hutmacher reported that Chapter 7 (Building Design Standards) addresses façade composition, building materials, and the design of drive-throughs and parking structures. Commercial readiness standards are placed on the ground floors of buildings adjacent to Pedestrian Priority frontages. While this does not require first floor retail or office uses, it allows buildings to be easily converted over time should those uses become desirable. Pedestrian Priority frontages are currently depicted only in the center of the Office Mixed Use, Retail Mixed Use, and Town Center Districts around the planned open space/plaza areas. Discussion ensued regarding the proposed property setbacks. Councilmember Holmes explained that she was having a hard time visualizing how the setbacks and building spacing would work. She did not want to see the Town Center in TCAAP as tight as development in downtown Minneapolis. She questioned what would be planted between buildings and the street. Community Development Director Hutmacher stated this was yet to be determined. She then discussed the differences between downtown Minneapolis to downtown Osseo. She explained that staff was trying to create a space where people wanted to be and businesses would want to locate. Commissioner Holewa questioned whether roof-mounted solar panels would be exempt from the maximum building height regulations. Commissioner Jones discussed the benefits of urban development noting that the Town Center area would be more walkable without large setbacks with areas of grass and other plantings. Commissioner Zimmerman asked if one developer would be chosen for the Town Center. Community Development Director Hutmacher anticipated that one developer would be chosen for the retail area in the Town Center. Commissioner Jones recommended the City maintain the sidewalks in the Town Center area in order to create uniformity with snow removal and grass mowing. Vice Chair Thompson provided comment on the “Parklet” concept that the City of Minneapolis started this past summer. Community Development Director Hutmacher further discussed development ideas for the retail area and believed it would closely reflect the Lexington Station development with buildings pulled closely to the street, while remaining pedestrian friendly. Commissioner Holewa discussed the importance of providing bike lanes. Commissioner Zimmerman recommended that separate paths for pedestrians and bicyclists be provided to reduce conflicts. ARDEN HILLS PLANNING COMMISSION WORK SESSION – OCTOBER 8, 2014 3 Community Development Director Hutmacher thanked the Commission for their input and encouraged them to attend the November 3rd and November 17th Council worksession meetings to provide further input on the TCAAP redevelopment code. ADJOURN Commissioner Holewa moved, seconded by Vice Chair Thompson, to adjourn the October 8, 2014, Planning Commission Work Session Meeting at 9:40 p.m. The motion carried unanimously (5-0). City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-027 - Variance - Transwestern 1160 Grey Fox Road\Memos_Reports_14-027 Page 1 of 9 MEMORANDUM DATE: November 5, 2014 PC Agenda Item 3.A TO: Planning Commission FROM: Ryan Streff, City Planner SUBJECT: Planning Case #14-027 – No Public Hearing Required Applicant: Transwestern Management Property Location: 1160 Grey Fox Road Request: Site Plan Review & Variance – Parking Lot Expansion Requested Action The applicant has requested a Site Plan Review & Variance in order to add an additional parking area to the property located at 1160 Grey Fox Road. Background/Overview of Request Transwestern manages the property located at 1160 Grey Fox Road, which is zoned B-3 Service Business District. The property is generally positioned north of the Canadian Pacific Rail Line, south of Grey Fox Road, east of Dunlap Street North and west of Lexington Avenue. The applicant is proposing to add an additional parking area consisting of thirty-three (33) parking spaces to the property. The new parking area would be located along the western property line and directly between the adjacent building to the west at 1230 Grey Fox Road and the principal building located on the subject property. Transwestern has reviewed the current parking needs with the tenant and its has been deemed that the current parking area is insufficient based on number of parking spaces required for this use. Based on the review performed by Transwestern fifty-three (53) parking spaces are needed for this use, however, only thirty-three (33) parking spaces can be constructed on this site without completely redesigning the entire parking lot or adding a parking deck or ramp to the site. The remaining twenty (20) spaces being requested by the tenant are being proposed in the Site Plan Review and Variance request in Planning Case 2014-028. City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-027 - Variance - Transwestern 1160 Grey Fox Road\Memos_Reports_14-027 Page 2 of 9 As indicated by the applicant the new parking area would be constructed along the western property line and over an existing infiltration basin used to collect runoff from the two parking lots surrounding the drainage area. A replacement subgrade infiltration basin is being proposed for the area beneath the new parking area. This basin would outlet into a newly constructed retention pond proposed towards the northern end of the property. The stormwater management plan for this area has been reviewed and conditional approval granted by the Rice Creek Watershed District. The applicant has indicated that the new parking area would have access from both the subject property and the adjacent property to the west located at 1230 Grey Fox Road. Both of these parcels are owned by the St. Paul Fire and Marine Insurance Company. The City would require that a cross access easement agreement be filed with Ramsey County in order to permit access to the new parking area from 1230 Grey Fox Road. The applicant has submitted a narrative of the proposed project and a response to the variance evaluation criteria (Attachment A), a site plan depicting the proposed construction (Attachment B), and a landscaping and planting island plan (Attachment C). 1. Site Data Future Land Use Plan: I/O - Light Industrial and Office Existing Land Use: LI – Light Industrial Zoning: B-3 Service Business District Current Lot Sizes: 7.66 Acres Topography: Fairly Flat 2. Surrounding Area Direction Future Land Use Plan Zoning Existing Land Use North MB – Mixed Business B-4 Retail Center District LI – Light Industrial South Railroad ROW & CMU – Community Mixed Use Railroad ROW & B-2 General Business District Railroad ROW & COM - Commercial East COM - Commercial B-3 Service Business District COM - Commercial West I/O - Light Industrial and Office B-3 Service Business District LI – Light Industrial City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-027 - Variance - Transwestern 1160 Grey Fox Road\Memos_Reports_14-027 Page 3 of 9 Plan Evaluation 1. B-3 Service Business District Regulations, Existing Conditions, and Proposed Redevelopment A. Lot Size & Dimensions – Meets Requirements The lot is 333,523 square feet, with approximate dimensions of 430 feet by 745 feet. B. Site Plan Review – Site Plan Approval Required A Site Plan Review is required by the City Code for the reorganization of parking, drives and entrances within any business or industrial district. The applicant is proposing to reconfigure the existing parking lot on the property in order to add thirty-three (33) additional parking spaces to meet the operational parking needs required by the tenant. C. Lot Coverage – Variance Required The existing and proposed lot coverage calculations exceed the standards set within the B-3 Service Business Zoning District. The B-3 Zoning District permits a maximum lot coverage of 75% for impervious surfaces, of which 40% is permitted for structures on the property. A minimum landscape coverage area of 25% is required. A variance to further reduce the landscaping coverage from 24.06% to 20.32% and to increase the impervious coverage from 75.94% to 79.68% is being proposed by the applicant. Coverage Type Permitted Existing Proposed Impervious Coverage 75% 75.94% 79.68% Landscaping Coverage 25% 24.06% 20.32% Applicable B-3 Lot Requirements 1. Minimum Lot Area (sf.) 13,000 2. Minimum Lot Size (ft., width/depth) 100/130 3. Height (ft.) 35 4. Lot Covered by Structure 40% 5. Minimum Landscape Lot Area 25% 6. Minimum Building Setbacks (ft) Front Yard 50 Rear Yard (Principle) 20 Rear Yard (Accessory) 10 Side Yard Interior - Principal (Minimum/total both yards on lot) 20/40 Side Yard Interior - Accessory 10 Side Yard Corner 50 City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-027 - Variance - Transwestern 1160 Grey Fox Road\Memos_Reports_14-027 Page 4 of 9 D. Tree Preservation – Meets Requirements The applicant has indicated that no significant trees will be impacted as a result of the newly constructed parking area. However, if the project results in the removal of any significant trees within the site the applicant would be required to meet the City’s tree preservation standards, and mitigation may be necessary. E. Lighting – Meets Requirements The proposed modification to the property does not include new exterior lighting to be installed. However, if new exterior lighting is added to the site the lighting plan would require approval by both the City and the Ramsey County Sheriff’s Department. All exterior lighting is required to meet the standards within Section 1325.50 Subd. 3 of the City’s Zoning Code. F. Planting Islands – Meets Requirements In Section 1325.05 of the Zoning Code planting islands are required to occupy at least ten (10) percent of the parking area. Parking lot islands are also required to be a minimum of 150 square feet in area. The planting island plan that has been provided by the applicant in Attachment C indicates that these requirements have been met. The new parking area as proposed includes 3,803 square feet of parking island area, which is approximately 30% of the new parking area. G. Trees Along Street Frontage – Meets Requirements The Zoning Code states in Section 1325.05 that a minimum of one tree shall be provide along the right-of-way for every fifty (50) feet of public street frontage. The site plan Type/Total Permitted Existing Conditions Proposed Square Feet % Square Feet % Principle Building 40% 132,247 39.65% 132,247 39.65% Parking Lot 121,047 36.29% 133,521 40.03% Total Coverage 75% 253,294 75.94% 265,768 79.68% Landscape Coverage 25% 80,229 24.06% 67,755 20.32% Parcel/Lot Area 333,523 333,523 333,523 Parking Stall Count 133 148 181 Required New Parking Area -- -- -- 12,474 -- New Parking Lot Island Area 1,247 or 10% -- -- 3,803 30% City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-027 - Variance - Transwestern 1160 Grey Fox Road\Memos_Reports_14-027 Page 5 of 9 that has been provided by the applicant indicates that the existing trees on the property fulfill this requirement. H. Parking – Variance Requested Within the design standards for the B-3 Zoning District placing parking between the street right-of-way and the building is discouraged. The standards within this section also state that no more than fifty (50) percent of the parking on the site may be located between the buildings or in the side yard. The subject property was developed before the B-3 Design Standards were adopted into the Zoning Code in 2008. In this particular case the current property as developed does not allow for parking in any other area than in side yard on the west side of the building. No parking is proposed between the street and the building. I. Off-Street Parking – Meets Requirements In Section 1325.06 of the Zoning Code it states that Business and Industry uses are required to provide one (1) parking space for each employee on a major shift plus 1 for each vehicle used in conducting the business or 1 for each 1,000 sq. ft. of floor area, whichever is greater. Based on this criterion one-hundred and thirty-three (133) parking spaces are required by the Code. The current parking lot contains 148 total parking spaces. As proposed thirty-three (33) new parking spaces would be created as a result of the parking lot expansion project, which would result in a total of 181 parking spaces at completion. 2. Flood Plain, Wetlands, and Easements The project as proposed does not affect any flood plains, wetlands, or easements. 3. Additional Review a. The Rice Creek Watershed District (RCWD) reviewed the plans for this request and determined that a RCWD Permit would be required for the proposed project. Type/Total Required Existing Proposed Building Size (sq. ft.) 132,247 132,247 132,247 Parking Stall Count 133 148 181 City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-027 - Variance - Transwestern 1160 Grey Fox Road\Memos_Reports_14-027 Page 6 of 9 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”. 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 eighteen (18) findings of fact for review: General Findings 1. That the property is located in the B-3 Service Business Zoning District. 2. That the lot is 333,523 square feet in size with approximate dimensions of 430 feet in width, and 745 feet in depth. 3. That the property consists of a principal building 132,247 square feet in size. 4. That the property is accessed off of Grey Fox Road. City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-027 - Variance - Transwestern 1160 Grey Fox Road\Memos_Reports_14-027 Page 7 of 9 5. That the Zoning Code requires that 133 parking spaces for this use. 6. That the parking lot currently contains 148 parking spaces. 7. That the new parking area will consist of 33 new parking spaces. 8. That after completion of the parking lot expansion project the property will contain 181 parking spaces. 9. That the new parking area will have access from the adjoining property to the west along with access from the existing parking lot. 10. That a variance is being requested to further reduce the amount of landscaping coverage from 24.06% to 20.32% and to increase the impervious coverage from 75.94% to 79.68%. 11. That a variance is being request to permit 100% of the parking within the in the side yard of the property. Variance Findings: 12. That when compared to other properties in the direct vicinity this parcel may not be considered unique to the surrounding area because of similar nonconforming site conditions. It is unclear if 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. 13. That the proposal is consistent with the Arden Hills Comprehensive Plan as it allows for the reasonable use of property within the B-3 Service Business Zoning District. 14. That surface parking lots are permitted within the B-3 Service Business Zoning District. 15. That the lot is currently fully developed making an expansion of the surface parking lot to other areas on the property very limited due to the size of the current building and existing parking area. 16. That the proposed parking area would be visible from neighboring properties; however, increased landscaping and tree plantings will help soften the impact of the additional parking area on surrounding property owners. 17. That the proposed parking area is unlikely to have negative impacts to the property or to the neighborhood as a whole. 18. That the proposed plans and requested variance for the additional parking area does not appear to be based on economic considerations alone. Recommendation The findings of fact for this Site Plan Review and Variance do not directly support a recommendation for approval or denial. However, if the Planning Commission chooses to make a recommendation for either approval or denial, the Findings of Fact would need to be amended to reflect these reasons. City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-027 - Variance - Transwestern 1160 Grey Fox Road\Memos_Reports_14-027 Page 8 of 9 If the Planning Commission recommends approval of the Site Plan Review and 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 variance shall permit the reduction of landscaping coverage from 24.06% to 20.32% and an increase the impervious coverage from 75.94% to 79.68%. 3. That the applicant shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of a grading permit. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank. The purpose of the letter of credit is to ensure that landscaping is completed in the event that the developer defaults on the approved plan. The City will hold the letter of credit for two years after the installation of landscaping. The letter of credit should not expire during the two-year period. 4. That the final tree and landscaping plan shall be approved by the City before the issuance of the grading permit to ensure that the plan meets the landscaping regulations stated in Section 1325.05 of the City Code. 5. That any newly created parking space or parking area shall meet the parking regulations stated in Section 1325.05 of the City Code. 6. That a Grading and Erosion Control Permit shall be issued by the City before the commencement of any construction, grading or disturbance of soil within the parking lot area. 7. That a cross access easement agreement shall be filed with Ramsey County in order to permit access to the new parking area from 1230 Grey Fox Road. Options 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 14-027 for a Site Plan Review and Variance to reconfigure the existing parking lot at 1160 Grey Fox Road, based on the findings of fact, the submitted plans, and the seven (7) conditions in the November 5, 2014, Report to the Planning Commission. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 14- 027 for a Site Plan Review and Variance to reconfigure the existing parking lot at 1160 Grey Fox Road, based on the findings of fact and the submitted plans in the November 5, 2014, Report to the Planning Commission. City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-027 - Variance - Transwestern 1160 Grey Fox Road\Memos_Reports_14-027 Page 9 of 9 3. Recommend Denial: Motion to recommend denial of Planning Case14-027 for a Site Plan Review and Variance to reconfigure the existing parking lot at 1160 Grey Fox Road, based on the following findings of fact… 4. Table: Motion to table Planning Case 14-027 for a Site Plan Review and Variance to reconfigure the existing parking lot at 1160 Grey Fox Road: 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 not received any letters, e-mails, or telephone calls from property owners or residents in regards to this planning case. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on October 3, 2014. Pursuant to Minnesota State Statute, the City must act on this request by December 2, 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, Narrative & Variance Criteria B. Site Plan - Parking Lot Expansion Plan C. Site Plan - Landscaping & Parking Island Plan D. Aerial Site Map E. Property Photos Minneapolis Aberdeen Sioux Falls Watertown Minnesota South Dakota South Dakota South Dakota An Equal Opportunity Employer 621 Lilac Drive North Minneapolis, MN 55422 Phone: (763) 545-9196 Fax: (763) 541-0056 www.clark-eng.com October 3, 2014 Ryan Streff City of Arden Hills RE: Transwestern Parking Lots Arden Hills, MN Clark Project #C14009.01.001 Dear Ryan: This letter is the brief description of the parking lot projects as requested and required for the site review application. 1160 Grey Fox Road A new parking lot is being proposed to add 33 parking stalls. The existing function of the site is an industrial/commercial use. The current operations of the 1160 building were assessed by Transwestern and the building’s tenant. The current parking available to the tenant was deemed insufficient of their needs. The future function of the site will remain an industrial/commercial use. However, with the additional parking, the current tenant and any future tenant will have the ability to use the site uninhibited. The proposed parking lot will be developed over an existing drainage ditch and basin. This basin will be expanded to the north area of the parking lot and underground. The stormwater management will be addressed to the satisfaction of the Rice Creek Watershed District by complying with their stormwater rules. 3728 Dunlap A new parking lot is being proposed to add 20 parking stalls. The existing function of the space is currently open green space and the site has an existing industrial land use. The parking spaces proposed to this property are in conjunction with the assessed need of the tenant in the 1160 Grey Fox space. To meet the assessed needs, parking spaces are being added to the 3728 property to serve the 1160 property. Similarly, the 3728 property addresses the stormwater management on site with a bio-retention basin / filtration basin. The basin has been sized to manage the additional parking lot coverage. All stormwater management for the new parking lot will be designed to the Rice Creek Watershed District’s stormwater rules. If you have questions please feel free to contact me at (763) 595-3133. Sincerely, Clark Engineering Corporation Steven E. Gebauer, PE Civil Project Manager Minneapolis Aberdeen Sioux Falls Watertown Minnesota South Dakota South Dakota South Dakota An Equal Opportunity Employer 621 Lilac Drive North Minneapolis, MN 55422 Phone: (763) 545-9196 Fax: (763) 541-0056 www.clark-eng.com October 3, 2014 Ryan Streff City of Arden Hills RE: Transwestern Parking Lots Arden Hills, MN Clark Project #C14009.01.001 Dear Ryan: This letter is in response to the six hardship criteria as requested and required for the variance application related to impervious cover. 1160 Grey Fox Road 1. A variance is sought in order to maintain reasonable use of the property based on; t he current operations of the 1160 building were assessed by Transwestern and the building’s tenant. The current parking available to the tenant was deemed insufficient of their needs. However, with the additional parking, the current tenant and any future tenant will have the ability to use the site uninhibited. 2. The impervious coverage percentage is related to the parcel size and ability to meet the tenant needs and reasonable use of the property. 3. Given the industrial/commercial use of this parcel and the surrounding properties, the site having already been granted a hard cover variance and providing no more parking than necessary at this time, the requested deviation is reasonable. 4. The land use for the property will not change as a result of the variance. 5. The variance is primarily related to the uninhibited use of the property. 3728 Dunlap 1. A variance is sought in order to maintain reasonable use of the property based on; t he parking needs associated with the assessed need of the tenant in the 1160 Grey Fox space. The additional parking will allow the current tenant and any future tenant will have the ability to use the site uninhibited. 2. The impervious coverage percentage is related to the parcel size and ability to meet the tenant needs and reasonable use of the property. 3. Given the industrial/commercial use of this parcel and the surrounding properties, the site having already been granted a hard cover variance and providing no more parking than necessary at this time, the requested deviation is reasonable. 4. The land use for the property will not change as a result of the variance. Month xx, 2013 Page 2 of 2 Transwestern Parking Lots Arden Hills, Minnesota Clark Project #C14009.01.001 5. The variance is primarily related to the uninhibited use of the property. If you have questions please feel free to contact me at (763) 595-3133. Sincerely, Clark Engineering Corporation Steven E. Gebauer, PE Civil Project Manager Fax (763) 525-1666 www.clark-eng.com 621 Lilac Drive North Minneapolis, MN 55422-4609 (763) 545-9196 SHEET INDEX C O N T A C T I N F O R M A T I O N CIVIL O W N E R C O N T A C T : T R A N S W E S T E R N PA R K I N G L O T E X P A N S I O N AR D E N H I L L S , M I N N E S O T A C0.0TITLE SHEETC1.0SITE DEMOLITION PLANC2.0 CIVIL SITE PLANC3.0 GRADING, EROSION CONTROL & UTILITY PLANC4.0 CIVIL DETAILS S T E V E N G E B A U E R , P E s g e b a u e r @ c l a r k - e n g . c o m 7 6 3 - 5 4 5 - 9 1 9 6 C L A R K E N G I N E E R I N G C O R P . C O N T A C T : C I V I L E N G I N E E R 6 2 1 L I L A C D R I V E N O R T H M I N N E A P O L I S , M N 5 5 4 2 2 C L I E N T N A M E : C H R I S H A N S E N S T . P A U L F I R E A N D M A R I N E I N S U R A N C E C / O T R A N S W E S T E R N 3 7 7 5 D U N L A P , A R D E N H I L L S , M N . 5 5 1 1 2 6 5 1 - 4 8 1 - 8 0 7 0 C R A I G J O H N S O N , L S c e j o h n s o n @ c l a r k - e n g . c o m 7 6 3 - 5 4 5 - 9 1 9 6 C L A R K E N G I N E E R I N G C O R P . C O N T A C T : S U R V E Y O R 6 2 1 L I L A C D R I V E N O R T H M I N N E A P O L I S , M N 5 5 4 2 2 Fax (763) 525-1666 www.clark-eng.com 621 Lilac Drive North Minneapolis, MN 55422-4609 (763) 545-9196 Fax (763) 525-1666 www.clark-eng.com 621 Lilac Drive North Minneapolis, MN 55422-4609 (763) 545-9196 Fax (763) 525-1666 www.clark-eng.com 621 Lilac Drive North Minneapolis, MN 55422-4609 (763) 545-9196 Fax (763) 525-1666 www.clark-eng.com 621 Lilac Drive North Minneapolis, MN 55422-4609 (763) 545-9196 V A N A C C E S S I B L E R E Q U I R E D V E H I C L E I D P A R K I N G F O R V I O L A T I O N U P T O $ 2 0 0 F I N E PRELIMINARY NOT FOR CONSTRUCTION Fax (763) 525-1666 www.clark-eng.com 621 Lilac Drive North Minneapolis, MN 55422-4609 (763) 545-9196 The zoning district designations represented on this map correspond to the City of Arden Hills official Zoning Map. Questions concerning the Zoning Map should be directed to City Hall. Zoning designations are subject to change. Please refer to the Zoning Code for complete information. Map Date: October 31, 2014 P:\GIS_Data\Planning\Planning Cases\2014\PC 14-030¯Property Boundary Lake Josephine Transwestern Site Plan Review & Variance 14-027 Parking Lot Expansion 1160 Grey Fox Road City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-028 - Variance - Transwestern 3728 Dunlap Street North\Memos_Reports_14-028 Page 1 of 9 MEMORANDUM DATE: November 5, 2014 PC Agenda Item 3.B TO: Planning Commission FROM: Ryan Streff, City Planner SUBJECT: Planning Case #14-028 – No Public Hearing Required Applicant: Transwestern Management Property Location: 3728 Dunlap Street North Request: Site Plan Review & Variance – Parking Lot Expansion Requested Action The applicant has requested a Site Plan Review & Variance in order to add an additional parking area to the property located at 3728 Dunlap Street North. Background/Overview of Request Transwestern manages the property located at 3728 Dunlap Street North, which is zoned B-4 Service Business District. The property is generally positioned north of Grey Fox Road, south of Red Fox Road, east of Dunlap Street North and west of Lexington Avenue. The applicant is proposing to add an additional parking area consisting of twenty (20) parking spaces to the property. The proposed parking area would be located just south of the building along Grey Fox Road. As indicated by the applicant the new parking area would be an extension to the west of the existing parking area. As indicated by the applicant the new parking area would be constructed between Grey Fox Road and the existing building on the site with access provided from Grey Fox Road. The proposed parking area to be constructed at 3728 Dunlap Street North would be utilized by the tenant at 1160 Grey Fox Road in order to meet their parking needs. As stated in Planning Case 14-027, Transwestern has reviewed the current parking needs of the tenant 1160 Grey Fox Road and determined that parking at this site alone is not adequate for the tenant’s use of the property. Based on the review performed by Transwestern fifty-three (53) additional parking City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-028 - Variance - Transwestern 3728 Dunlap Street North\Memos_Reports_14-028 Page 2 of 9 spaces are needed for the use at 1160 Grey Fox Road. If the Site Plan Review and Variance in Planning Case 14-027 is approved for an additional thirty-three (33) parking spaces then the site at 3728 would only require a parking area for twenty (20) additional parking spaces. Transwestern attempted to fit all the parking spaces within the parcel located at 1160 Grey Fox Road, however, only thirty-three (33) parking spaces could be constructed on the site without completely redesigning the entire parking lot or adding a parking deck or ramp to the site. In order to address stormwater issues a bio-retention basin has been proposed to capture the additional runoff from the new parking area. The stormwater management plan for this area has been reviewed and conditional approval granted by the Rice Creek Watershed District. Both of the parcels discussed in this case and in Planning Case 14-027 are owned by the St. Paul Fire and Marine Insurance Company. The City would require that a cross access easement agreement be filed with Ramsey County in order to permit access to the new parking area from Grey Fox Road for the employees at 1160 Grey Fox Road. A parking easement over the dedicated twenty (20) parking spaces would also be required by the City in order to permanently permit the use of these parking spaces by the tenant of 1160 Grey Fox Road The applicant has submitted a narrative of the proposed project and a response to the variance evaluation criteria (Attachment A), a site plan depicting the proposed construction (Attachment B), and a landscaping and planting island plan (Attachment C). 1. Site Data Future Land Use Plan: MB – Mixed Business Existing Land Use: LI – Light Industrial Zoning: B-4 Retail Center District Current Lot Sizes: 2.67 Acres Topography: Fairly Flat 2. Surrounding Area Direction Future Land Use Plan Zoning Existing Land Use North MB – Mixed Business B-4 Retail Center District LI – Light Industrial South I/O – Light Industrial & Office B-3 Service Business District LI – Light Industrial East COM – Commercial B-3 Service Business District LI – Light Industrial West MB – Mixed Business B-4 Retail Center District LI – Light Industrial City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-028 - Variance - Transwestern 3728 Dunlap Street North\Memos_Reports_14-028 Page 3 of 9 Plan Evaluation 1. B-4 Retail Center District Regulations, Existing Conditions, and Proposed Redevelopment A. Lot Size & Dimensions – Meets Requirements The lot is 2.67 acres or 116,224 square feet in size, with approximate dimensions of 270 feet by 430 feet. B. Site Plan Review – Site Plan Approval Required A Site Plan Review is required by the City Code for the reorganization of parking, drives and entrances within any business or industrial district. The applicant is proposing to reconfigure the existing parking lot on the property in order to add twenty (20) additional parking spaces to meet the operational parking needs required by the tenant located at 1160 Grey Fox Road. C. Lot Coverage – Variance Required The existing and proposed lot coverage calculations exceed the standards set within the B-4 Service Business Zoning District. The B-4 Zoning District permits a maximum lot coverage of 75% for impervious surfaces, of which 25% is permitted for structures on the property. A minimum landscape coverage area of 25% is required. A variance to reduce the landscaping coverage from 15.75% to 10.98% and increase the impervious coverage from 84.25% to 89.02% is being proposed by the applicant. Coverage Type Permitted Existing Proposed Impervious Coverage 75% 84.25% 89.02% Landscaping Coverage 25% 15.75% 10.98% Applicable B-4 Lot Requirements 1. Minimum Lot Area (acres) 2 2. Minimum Lot Size (ft., width/depth) 100/130 3. Height (ft.) 35 4. Lot Covered by Structure 25% 5. Minimum Landscape Lot Area 25% 6. Minimum Building Setbacks (ft) Front Yard 50 Rear Yard (Principle) 20 Rear Yard (Accessory) 10 Side Yard Interior - Principal (Minimum/total both yards on lot) 20/40 Side Yard Interior - Accessory 10 Side Yard Corner 50 City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-028 - Variance - Transwestern 3728 Dunlap Street North\Memos_Reports_14-028 Page 4 of 9 D. Tree Preservation – Meets Requirements The applicant has indicated that no significant trees will be impacted as a result of the newly constructed parking area. However, if the project results in the removal of any significant trees within the site the applicant would be required to meet the City’s tree preservation standards, and mitigation may be necessary. E. Lighting – Meets Requirements The proposed modification to the property does not include new exterior lighting to be installed. However, if new exterior lighting is added to the site the lighting plan would require approval by both the City and the Ramsey County Sheriff’s Department. All exterior lighting is required to meet the standards within Section 1325.50 Subd. 3 of the City’s Zoning Code. F. Planting Islands – Meets Requirements In Section 1325.05 of the Zoning Code planting islands are required to occupy at least ten (10) percent of the parking area. Parking lot islands are also required to be a minimum of 150 square feet in area. The planting island plan that has been provided by the applicant in Attachment C indicates that these requirements have been met. The new parking area as proposed includes 600 square feet of parking island area, which is approximately 10.84% of the new parking area. G. Trees Along Street Frontage – Meets Requirements The Zoning Code states in Section 1325.05 that a minimum of one tree shall be provide along the right-of-way for every fifty (50) feet of public street frontage. The landscaping Type/Total Permitted Existing Conditions Proposed Square Feet % Square Feet % Principle Building 25% 44,590 38.36% 44,590 38.36% Parking Lot 53,347 45.89% 58,884 50.65% Total Coverage 75% 97,937 84.25% 103,474 89.02% Landscape Coverage 25% 18,308 15.75% 12,770 10.98% Parcel/Lot Area 44,590 44,590 44,590 Parking Stall Count 45 53 73 Required New Parking Area -- -- -- 5,537 -- New Parking Lot Island Area 554 or 10% -- -- 600 10.84% City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-028 - Variance - Transwestern 3728 Dunlap Street North\Memos_Reports_14-028 Page 5 of 9 plan that has been provided by the applicant indicates that four (4) new trees will be planted along the street frontage of the new parking lot area. The new tree plantings as indicated on the landscaping plan fulfill this requirement. H. Off-Street Parking – Site Plan Approval Required In Section 1325.06 of the Zoning Code it states that Business and Industry uses are required to provide one (1) parking space for each employee on a major shift plus 1 for each vehicle used in conducting the business or 1 for each 1,000 sq. ft. of floor area, whichever is greater. Based on this criterion forty-five (45) parking spaces are required by the Code. The current parking lot contains fifty-three (53) total parking spaces. As proposed twenty (20) new parking spaces would be created as a result of the parking lot expansion project, which would result in a total of seventy-three (73) parking spaces at completion. The new parking spaces being created on this site are being allocated to the tenant across the street at 1160 Grey Fox Road in order to meet the parking needs of this tenant. 2. Flood Plain, Wetlands, and Easements The project as proposed does not affect any flood plains, wetlands, or easements. 3. Additional Review a. The Rice Creek Watershed District (RCWD) reviewed the plans for this request and determined that a RCWD Permit would be required for the proposed project. 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 Type/Total Required Existing Proposed Building Size (sq. ft.) 44,590 44,590 44,590 Parking Stall Count 45 53 73 City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-028 - Variance - Transwestern 3728 Dunlap Street North\Memos_Reports_14-028 Page 6 of 9 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”. 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 seventeen (17) findings of fact for review: General Findings 1. That the property is located in the B-4 Retail Center Zoning District. 2. That the lot is 116,244 square feet in size with approximate dimensions of 270 feet in width, and 430 feet in depth. 3. That the property consists of a principal building 44,590 square feet in size. 4. That the property has access off of both Dunlap Street North and Grey Fox Road. 5. That the Zoning Code requires that 45 parking spaces for this use. 6. That the parking lot currently contains 53 parking spaces. 7. That the new parking area will consist of 20 new parking spaces. These spaces will be utilized by the tenant located at 1160 Grey Fox Road. 8. That after completion of the parking lot expansion project the property will contain 73 parking spaces. 9. That the new parking area will have access from the adjoining parking area to the east with access from Grey Fox Road. 10. That a variance is being requested to reduce the amount of landscaping coverage from 15.75% to 10.98% and to increase the impervious coverage from 84.25% to 89.02%. City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-028 - Variance - Transwestern 3728 Dunlap Street North\Memos_Reports_14-028 Page 7 of 9 Variance Findings: 11. That when compared to other properties in the direct vicinity this parcel may not be considered unique to the surrounding area because of similar nonconforming site conditions. It is unclear if 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. 12. That the proposal is consistent with the Arden Hills Comprehensive Plan as it allows for the reasonable use of property within the B-4 Retail Center Zoning District. 13. That surface parking lots are permitted within the B-4 Retail Center Zoning District. 14. That the lot is currently fully developed making an expansion of the surface parking lot to other areas on the property very limited due to the size of the current building and existing parking area. 15. That the proposed parking area would be visible from neighboring properties; however, increased landscaping and tree plantings will help soften the impact of the additional parking area on surrounding property owners. 16. That the proposed parking area is unlikely to have negative impacts to the property or to the neighborhood as a whole. 17. That the proposed plans and requested variance for the additional parking area does not appear to be based on economic considerations alone. Recommendation The findings of fact for this Site Plan Review and Variance do not directly support a recommendation for approval or denial. However, if the Planning Commission chooses to make a recommendation for either approval or denial, the Findings of Fact would need to be amended to reflect these reasons. If the Planning Commission recommends approval of the Site Plan Review and Variance, staff recommends the following eight (8) 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 variance shall permit a reduction in the amount of landscaping coverage from 15.75% to 10.98% and an increase in the amount impervious coverage from 84.25% to 89.02%. 3. That the applicant shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of a grading permit. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank. The purpose of the letter of credit is to ensure that landscaping is completed in City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-028 - Variance - Transwestern 3728 Dunlap Street North\Memos_Reports_14-028 Page 8 of 9 the event that the developer defaults on the approved plan. The City will hold the letter of credit for two years after the installation of landscaping. The letter of credit should not expire during the two-year period. 4. That the final tree and landscaping plan shall be approved by the City before the issuance of the grading permit to ensure that the plan meets the landscaping regulations stated in Section 1325.05 of the City Code. 5. That any newly created parking space or parking area shall meet the parking regulations stated in Section 1325.05 of the City Code. 6. That a Grading and Erosion Control Permit shall be issued by the City before the commencement of any construction, grading or disturbance of soil within the parking lot area. 7. That a cross access and easement agreement shall be filed with Ramsey County in order to permit access to the new parking area from Grey Fox Road for the employees at 1160 Grey Fox Road. 8. That a parking easement over the dedicated twenty (20) parking spaces shall be filed with Ramsey County in order to permanently permit the use of these parking spaces by the tenant of 1160 Grey Fox Road. Options 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 14-028 for a Site Plan Review and Variance to reconfigure the existing parking lot at 3728 Dunlap Street North, based on the findings of fact, the submitted plans, and the eight (8) conditions in the November 5, 2014, Report to the Planning Commission. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 14- 028 for a Site Plan Review and Variance to reconfigure the existing parking lot at 3728 Dunlap Street North, based on the findings of fact and the submitted plans in the November 5, 2014, Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case14-028 for a Site Plan Review and Variance to reconfigure the existing parking lot at 3728 Dunlap Street North, based on the following findings of fact… 4. Table: Motion to table Planning Case 14-028 for a Site Plan Review and Variance to reconfigure the existing parking lot at 3728 Dunlap Street North: a specific reason and/or information request should be included with a motion to table. City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-028 - Variance - Transwestern 3728 Dunlap Street North\Memos_Reports_14-028 Page 9 of 9 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 not received any letters, e-mails, or telephone calls from property owners or residents in regards to this planning case. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on October 3, 2014. Pursuant to Minnesota State Statute, the City must act on this request by December 2, 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, Narrative & Variance Criteria B. Site Plan - Parking Lot Expansion Plan C. Site Plan - Landscaping & Parking Island Plan D. Aerial Site Map E. Property Photos Minneapolis Aberdeen Sioux Falls Watertown Minnesota South Dakota South Dakota South Dakota An Equal Opportunity Employer 621 Lilac Drive North Minneapolis, MN 55422 Phone: (763) 545-9196 Fax: (763) 541-0056 www.clark-eng.com October 3, 2014 Ryan Streff City of Arden Hills RE: Transwestern Parking Lots Arden Hills, MN Clark Project #C14009.01.001 Dear Ryan: This letter is the brief description of the parking lot projects as requested and required for the site review application. 1160 Grey Fox Road A new parking lot is being proposed to add 33 parking stalls. The existing function of the site is an industrial/commercial use. The current operations of the 1160 building were assessed by Transwestern and the building’s tenant. The current parking available to the tenant was deemed insufficient of their needs. The future function of the site will remain an industrial/commercial use. However, with the additional parking, the current tenant and any future tenant will have the ability to use the site uninhibited. The proposed parking lot will be developed over an existing drainage ditch and basin. This basin will be expanded to the north area of the parking lot and underground. The stormwater management will be addressed to the satisfaction of the Rice Creek Watershed District by complying with their stormwater rules. 3728 Dunlap A new parking lot is being proposed to add 20 parking stalls. The existing function of the space is currently open green space and the site has an existing industrial land use. The parking spaces proposed to this property are in conjunction with the assessed need of the tenant in the 1160 Grey Fox space. To meet the assessed needs, parking spaces are being added to the 3728 property to serve the 1160 property. Similarly, the 3728 property addresses the stormwater management on site with a bio-retention basin / filtration basin. The basin has been sized to manage the additional parking lot coverage. All stormwater management for the new parking lot will be designed to the Rice Creek Watershed District’s stormwater rules. If you have questions please feel free to contact me at (763) 595-3133. Sincerely, Clark Engineering Corporation Steven E. Gebauer, PE Civil Project Manager Minneapolis Aberdeen Sioux Falls Watertown Minnesota South Dakota South Dakota South Dakota An Equal Opportunity Employer 621 Lilac Drive North Minneapolis, MN 55422 Phone: (763) 545-9196 Fax: (763) 541-0056 www.clark-eng.com October 29, 2014 Ryan Streff City of Arden Hills RE: Transwestern Parking Lots Arden Hills, MN Clark Project #C14009.01.001 Dear Ryan: This letter is in response to the six hardship criteria as requested and required for the variance application related to impervious cover. 3728 Dunlap 1. A variance is sought in order to maintain reasonable use of the property based on; t he parking needs associated with the assessed need of the tenant in the 1160 Grey Fox space. The additional parking will allow the current tenant and any future tenant will have the ability to use the site uninhibited. 2. The impervious coverage percentage is related to the parcel size and ability to meet the tenant needs and reasonable use of the property. 3. Given the industrial/commercial use of this parcel and the surrounding properties, the site having already been granted a hard cover variance and providing no more parking than necessary at this time, the requested deviation is reasonable. 4. The land use for the property will not change as a result of the variance. 5. The variance is primarily related to the uninhibited use of the property. If you have questions please feel free to contact me at (763) 595-3133. Sincerely, Clark Engineering Corporation Steven E. Gebauer, PE Civil Project Manager Fax (763) 525-1666 www.clark-eng.com 621 Lilac Drive North Minneapolis, MN 55422-4609 (763) 545-9196 SHEET INDEX C O N T A C T I N F O R M A T I O N CIVIL O W N E R C O N T A C T : T R A N S W E S T E R N PA R K I N G L O T E X P A N S I O N AR D E N H I L L S , M I N N E S O T A C0.0TITLE SHEETC1.0SITE DEMOLITION PLANC2.0 CIVIL SITE PLANC3.0 GRADING, EROSION CONTROL & UTILITY PLANC4.0 CIVIL DETAILS S T E V E N G E B A U E R , P E s g e b a u e r @ c l a r k - e n g . c o m 7 6 3 - 5 4 5 - 9 1 9 6 C L A R K E N G I N E E R I N G C O R P . C O N T A C T : C I V I L E N G I N E E R 6 2 1 L I L A C D R I V E N O R T H M I N N E A P O L I S , M N 5 5 4 2 2 C L I E N T N A M E : C H R I S H A N S E N S T . P A U L F I R E A N D M A R I N E I N S U R A N C E C / O T R A N S W E S T E R N 3 7 7 5 D U N L A P , A R D E N H I L L S , M N . 5 5 1 1 2 6 5 1 - 4 8 1 - 8 0 7 0 C R A I G J O H N S O N , L S c e j o h n s o n @ c l a r k - e n g . c o m 7 6 3 - 5 4 5 - 9 1 9 6 C L A R K E N G I N E E R I N G C O R P . C O N T A C T : S U R V E Y O R 6 2 1 L I L A C D R I V E N O R T H M I N N E A P O L I S , M N 5 5 4 2 2 Fax (763) 525-1666 www.clark-eng.com 621 Lilac Drive North Minneapolis, MN 55422-4609 (763) 545-9196 Fax (763) 525-1666 www.clark-eng.com 621 Lilac Drive North Minneapolis, MN 55422-4609 (763) 545-9196 Fax (763) 525-1666 www.clark-eng.com 621 Lilac Drive North Minneapolis, MN 55422-4609 (763) 545-9196 Fax (763) 525-1666 www.clark-eng.com 621 Lilac Drive North Minneapolis, MN 55422-4609 (763) 545-9196 V A N A C C E S S I B L E R E Q U I R E D V E H I C L E I D P A R K I N G F O R V I O L A T I O N U P T O $ 2 0 0 F I N E PRELIMINARY NOT FOR CONSTRUCTION Fax (763) 525-1666 www.clark-eng.com 621 Lilac Drive North Minneapolis, MN 55422-4609 (763) 545-9196 The zoning district designations represented on this map correspond to the City of Arden Hills official Zoning Map. Questions concerning the Zoning Map should be directed to City Hall. Zoning designations are subject to change. Please refer to the Zoning Code for complete information. Map Date: October 31, 2014 P:\GIS_Data\Planning\Planning Cases\2014\PC 14-030¯Property Boundary Lake Josephine Transwestern Site Plan Review & Variance 14-028 Parking Lot Expansion 3728 Dunlap Street North MEMORANDUM DATE: November 5, 2014 PC Agenda Item 3.C TO: Planning Commission FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #14-033 – No Public Hearing Required Applicant: Twang Holdings, LLC Property Location: 3755 Dunlap Street North Request: Site Plan Review and Variance Requested Action Twang Holdings, LLC has requested two (2) variances to construct a 500 square foot addition to accommodate a loading dock at the property located at 3755 Dunlap Street North. The existing property is considered nonconforming due to lot coverage and an encroachment of the principal structure into the north side yard setback. The proposed addition would result in additional encroachment into the side yard setback requirement of 20 feet and in the expansion of the structure coverage on the lot above the maximum of 25 percent. Background The applicant in this case is Twang Holdings, LLC, which is a real estate company whose sole responsibility is to acquire properties to be rented by Northern Battery. Both businesses are owned by the same family. Twang Holdings is considering purchasing the property at 3755 Dunlap Street North, but in order for the site to be operationally viable for Northern Battery a loading dock addition is required. While the building does have several existing garage doors, none are constructed as a loading dock. The current property owner is MBJ Holdings, LLC, which has been informed of the variance request. The subject property is zoned B-4 Retail Center District and is generally located north of Grey Fox Road, west of Dunlap Street North, east of Snelling Avenue/Highway 51, and south of Red Fox Road. The B-4 Retail Center District was adopted by the City in 1991 and the new zoning regulations were meant to facilitate the redevelopment of the properties along Dunlap Street City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-033 - Variance - 3755 Dunlap Street\Memos_14-033 Page 1 of 9 North between Grey Fox Road and Red Fox Road into a retail destination center. Since the zoning requirements were drafted with more retail uses in mind, many of the pre-existing light industrial properties in this district are now nonconforming. 1. Overview of Request The applicant is proposing to construct a 500 square foot addition measuring 25 feet wide by 20 feet in depth on the west side of the existing principal structure on the property. The addition would be used for loading dock purposes and would accommodate one truck bay. An existing utility shed measuring 428 square feet in size is located in the area where the addition would be constructed. This accessory structure would be removed prior to the commencement of construction of the addition. The property is considered nonconforming due to lot coverage and an encroachment into the north side yard setback. Currently, the structure coverage on the lot is 28.87 percent, which exceeds the maximum of 25 percent allowed in this district. The addition would increase structure coverage to 29.05 percent. The existing landscape coverage of 20.01 percent does not meet the minimum coverage requirement of 25 percent. However, the landscape lot coverage would actually increase as a result of the project as a portion of the addition would be constructed on bituminous surface and the existing accessory shed would be removed. The existing principal structure encroaches 16 feet into the required north side yard setback of 20 feet. The proposed addition area would also encroach on this setback area, although not to the same extent as the existing building. The new addition would be located 5 feet from the north side property line and encroach 15 feet into the required setback. All other setback requirements would be met by the addition. 2. Site Data Future Land Use Plan: Mixed Business Existing Land Use: Light Industrial Zoning: B-4: Retail Center District Lot Size: .93Acres (40,554 square feet) Topography: Relatively flat 3. Surrounding Area Direction Future Land Use Plan Zoning Existing Land Use North Mixed Business B-4: Retail Center District Light Industrial South Mixed Business B-4: Retail Center District Light Industrial East Mixed Business B-4: Retail Center District Light Industrial West Light Industrial/Office I-Flex District Office City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-033 - Variance - 3755 Dunlap Street\Memos_14-033 Page 2 of 9 Plan Evaluation 1. B-4 District Zoning District Requirements (Section Chapter 1320.06) A. Lot Size & Dimensions – Nonconforming The minimum lot area for free-standing single or multiple-occupancy buildings in the B-4 District is two acres, or 87,120 square feet. The survey completed for the lot shows a width of 135 feet and a depth of 300.4 feet for a total lot area of 40,554 square feet. B. Structure Setback – Variance Required The existing principal structure on the property is considered to be nonconforming due to an encroachment into the required front yard and north side yard setbacks. The accessory shed on the property is also nonconforming due to setback encroachments. The principal structure is setback 49.6 feet from the front property line and encroaches 0.4 feet into the 50 foot front yard setback. Along the north side yard, the building is setback 4 feet from the property line and encroaches 16 feet into the 20 foot side yard setback. The rear yard and south side yard setback requirements are currently being met. The accessory shed is setback 4 feet from the north side property line and encroaches 6 feet into the required 10 foot setback. As part of the proposed project, this nonconforming structure would be removed. The proposed addition would be constructed on the northwest corner of the principal building and would extend the existing north building wall 25 feet further west. The loading dock addition would be setback 5 feet from the north side property line and encroach 15 feet into the required 20 foot setback. All other setback requirements would be met by the new construction. C. Lot Coverage – Variance Required The principal building measures 11,280 square feet in area and the accessory shed 428 square feet for a combined total of 11,708 square feet, or 28.87 percent of the lot area. The maximum structure coverage permitted in the B-4 District is 25 percent. The 500 square foot addition would result in an additional 72 square feet of structure coverage because the existing 428 square Existing and Proposed Front Yard Setbacks Required (B-4 District) Existing Proposed Addition (PC 14-033) Rear Yard – Principal 20’ 50.4’ 25.6’ North Side Yard – Principal 20’ 4.0’ 5.0’ Rear Yard – Accessory 10’ 20.0’ - North Side Yard – Accessory 10’ 4.0’ - City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-033 - Variance - 3755 Dunlap Street\Memos_14-033 Page 3 of 9 foot shed will be removed. With the proposed addition, the structure coverage on the lot would be 11,780 square feet, or 29.05 percent. The existing landscape lot coverage of 8,115 square feet, or 20.01 percent, does not meet the minimum coverage requirement of 25 percent. However, the landscape lot coverage would actually increase as a result of the project as a portion of the addition would be constructed on bituminous surface and the existing accessory shed would be removed. The result would be a total landscaped area of 8,219 square feet, or 20.27 percent. D. Structure Height – Conforming The maximum height for structures in the B-4 Zoning District is 35 feet. The height of the principal building is 18.1 feet. The proposed addition would match the existing roofline of the principal building on the site. E. Floor Area Ratio – Conforming The maximum Floor Area Ratio (FAR) for structures in the B-4 District is 0.3. The proposed addition would increase the existing FAR from 0.28 to 0.29. 2. Landscaping (Section Chapter 1325.05, Subd. 1) The proposed addition will not have any impact on the existing trees, shrubs, or other plantings on the property. The City Code requires that a landscape plan be submitted for the construction of any new building or the expansion of an existing building by more than ten percent. In this case, a landscape plan is not required for the project because the addition would expand the building footprint only by approximately four percent. 3. Drainage, Wetlands, and Flood Plain (Section 1325.05, Subd. 2) Existing and Proposed Lot Coverage Lot Size (SF) Structure Coverage (SF) Structure Coverage Landscape Coverage (SF) Landscape Coverage Existing 40,554 11,708 28.87% 8,115 20.01% Proposed (PC 14-033) 40,554 11,780 29.05% 8,219 20.27% Required (B-4 District) Maximum of 25% Minimum of 25% City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-033 - Variance - 3755 Dunlap Street\Memos_14-033 Page 4 of 9 A Water Management Plan is not required in this case because the subject property is less than 2.5 acres in size and is not located within the Shoreland District. 4. Lighting (Section 1325.05, Subd. 3) At this time, no changes to the exterior lighting on the building are proposed. Any new exterior light fixtures will be required to be arranged as to direct light away from adjoining lots and public streets and to be hooded or concealed. 5. Screening (Section 1325.05, Subd. 4) All parking and loading services areas are required to be screened from public streets and adjacent differing land uses. Given the location of the proposed loading dock at the rear of the site, this area will be screened from Dunlap Street by the existing building. Landscaping in place along the west property line provides screening between this site and the adjacent property. 6. Applicable Parking Regulations (Section Chapter 1325.06) The existing off-street parking area on the property is not currently striped to delineate individual parking stalls. The City Code requires that striping of parking lots be maintained to assure that the designated parking capacity is met. For the existing use of the building as “Other Business and Industry”, the City Code requires one stall to be provided per 1,000 square feet of floor area. In this case, 12 parking stalls are required. There is sufficient space to accommodate the required stalls within the existing parking area and staff is recommending as a condition of approval that the applicant be required to stripe a minimum of 12 stalls that conform to the City’s dimensional requirements. 7. Additional Review The Building Official and City Engineer have reviewed the plans for the project and have no additional comments at this time. A Grading and Erosion Control permit is not required for this project. Variance Evaluation Criteria On May 5, 2011, the Governor signed into law new variance legislation that changed the review criteria that City’s must use when evaluating variance requests. The new law renames the City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-033 - Variance - 3755 Dunlap Street\Memos_14-033 Page 5 of 9 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.” 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 findings of fact for review: General Findings 1. The property at 3755 Dunlap Street North is located in the B-4 Retail Center District. 2. The property has a total lot area of 40,554 square feet. 3. The proposed use of the property for warehousing is a permitted accessory use in the B-4 District. 4. Section 1320.10, Subd.2 states that the list of I-2 permitted uses as of April 1991, that are currently not permitted in the B-4 District, will be allowed in buildings existing in April 1991 as permitted uses until redevelopment or replacement of the building or buildings housing such uses occurs. 5. The building located at 3755 Dunlap Street North was in existence in April 1991. 6. Warehousing was a permitted use in the I-2 District as of April 1991. 7. The proposed addition to the existing building does not constitute the redevelopment or replacement of the existing building on the property. 8. The property is nonconforming because the existing structure coverage of 11,708 square feet, or 28.87 percent, exceeds the maximum structure coverage of 25 percent permitted in the B-4 District. City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-033 - Variance - 3755 Dunlap Street\Memos_14-033 Page 6 of 9 9. The property is nonconforming because the existing landscape coverage of 8,115 square feet, or 20.01 percent, does not meet the minimum landscape coverage requirement of 25 percent in the B-4 District. 10. The existing principal structure on the property is nonconforming because it encroaches 0.4 feet into the required front yard setback of 50 feet and 16 feet into the required north side yard setback of 20 feet. 11. The existing accessory structure on the property is nonconforming because it encroaches six feet into the required north side yard setback of 10 feet. 12. The proposed project would remove the existing nonconforming accessory structure. 13. The proposed addition would result in an increase in the nonconforming structure coverage to 11,780 square feet, or 29.05 percent. 14. The proposed addition would encroach 15 feet into the required north side yard setback of 20 feet. 15. The proposed project would result in an increase in the landscape lot coverage to 8,219 square feet, or 20.27 percent, but the property would still not meet the minimum landscape coverage requirement. 16. The City Code requires that striping of parking lots be maintained to assure that the designated parking capacity is met. The existing off-street parking area on the property is currently not striped to delineate individual parking stalls. 17. Based on the proposed use of the property, 12 off-street parking spaces would be required. Variance Findings: 18. Section 1320.04, Subd. 9 of the Zoning Code states that the purpose of the B-4 District is to, among other things, meet retail shopping needs of the surrounding community by providing a district that will accommodate a wide range of retail goods and services. 19. Section 1320.04, Subd. 9 of the Zoning Code states that the purpose of the B-4 District is to, among other things, allow transitional uses that will allow an orderly phasing out of existing uses and development that are not appropriate in a contemporary retail center and a phasing in of uses and development as warranted by market conditions. 20. Warehousing is a permitted use for this particular property in the B-4 District based on the provisions found in Section 1320.10, Subd.2 of the Zoning Code. 21. The proposed addition would be to accommodate a loading dock area, which is a reasonable use of the property. 22. The plight of the property owner is due to circumstances unique to the property not created by the landowner. The principal structure on the property was in existence when the property was rezoned to B-4 District, which likely created its current nonconforming status. 23. If approved, the variance will not alter the essential character of the neighborhood as the properties in the area are predominantly used for light industrial purposes. 24. The requested variance does not appear to be based on economic considerations alone. City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-033 - Variance - 3755 Dunlap Street\Memos_14-033 Page 7 of 9 Discussion Staff is generally supportive of this variance request given that expansion of the nonconforming structure coverage will be relatively minor and that the addition will not encroach further into the north side yard setback area than the existing nonconforming building. If this property were zoned as I-Flex District, similar to the properties to its west, the minimum structure coverage would be 40 percent and only one variance would needed for the structure encroachment. While the City’s long-term vision is for the area along Dunlap Street to be redeveloped for retail purposes, market conditions have not yet made this transition viable and the area currently still functions as a light industrial district. Recommendation 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 denial. If the Planning Commission recommends approval of this variance, staff recommends the following five conditions: 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 demolition permit shall be required for the removal of the existing accessory shed. 3. A building permit shall be required for the construction of the addition. 4. The exterior finish of the addition shall be compatible in appearance and material used with the existing principal structure. 5. The parking area shall be striped to include a minimum of twelve (12) parking stalls. Individual spaces shall be a minimum of nine (9) feet in width and eighteen (18) feet in length. Options 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 14-033 for two (2) variances at 3755 Dunlap Street North to construct a 500 square foot addition, based on the findings of fact and the submitted plans, as amended by the five (5) conditions in the November 5, 2014, Report to the Planning Commission. City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-033 - Variance - 3755 Dunlap Street\Memos_14-033 Page 8 of 9 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 14- 033 for two (2) variances at 3755 Dunlap Street North to construct a 500 square foot addition, based on the findings of fact and the submitted plans in the November 5, 2014, Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 14-033 for two (2) variances at 3755 Dunlap Street North to construct a 500 square foot addition based on the following findings of fact… 4. Table: Motion to table Planning Case 14-033 for two (2) variances at 3755 Dunlap Street North to construct a 500 square foot addition: 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. Public Comments Staff has not received comments from any residents or adjacent property owners regarding this variance request. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on October 14, 2014. Pursuant to Minnesota State Statute, the City must act on this request by December 13, 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. Land Use Application and Supporting Materials B. Location and Aerial Maps C. Photographs of the Property D. Certified Survey and Site Plan City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-033 - Variance - 3755 Dunlap Street\Memos_14-033 Page 9 of 9 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. © Ramsey County Enterprise GIS 495.8 THIS MAP IS NOT TO BE USED FOR NAVIGATION NAD_1983_HARN_Adj_MN_Ramsey_Feet Feet495.80247.92 Planning Case 14-033 - 3755 Dunlap Street North 2,9751: Pl anni ng Case 14-033 - 3755 Dunlap St reet Nor th Ma p Dat e: O c to ber 24, 201 4P:\G I S_Da ta \P la nning \P la nning C ase s\201 4\PC 14-03 3 Property Bound aryK D u n l a p S t r e e t N o r t h Gre y Fox Road Planning Case 14-033 – 3755 Dunlap Street North – Variance and Site Plan Review Front office area of existing building as seen from Dunlap Street Existing garage doors on south side of building. Proposed loading dock would be located behind rear building wall. Existing accessory shed at northwest corner of building. This is the approximate location of the proposed addition. Existing accessory shed as seen from the adjacent property at 3757 Dunlap Street. CE R T I F I C A T E O F S U R V E Y PROPERTY DESCRIPTION SURVEYOR'S NOTES Bo u n d a r y S u r v e y SE 1 / 4 o f S e c . 2 7 , T 3 0 N , R 2 3 W , R a m s e y C o u n t y , M i n n e s o t a City of Arden Hills Planning Commission Meeting for November 5, 2014 Page 1 of 1 MEMORANDUM DATE: November 5, 2014 PC Agenda Item 5.B TO: Planning Commission FROM: Matthew Bachler, Associate Planner SUBJECT: Report from the City Council October 20, 2014, City Council Work Session Beth Engum with Ramsey County gave a short presentation to the City Council on the design of County Road H/Interstate 35W interchange at the northern entrance to the TCAAP site. The City Council also reviewed Chapter 11 of the TCAAP Redevelopment Code, which will establish the standards for signage on the site. Specific areas of discussion included appropriate dimensional standards for freestanding and wall signs and on the types of signs that should be prohibited for properties on TCAAP. October 27, 2014, City Council Regular Meeting The City Council approved (4-1) Planning Case 14-030, which was a Site Plan Review to reconfigure the existing parking lot at Gradient Financial Center located at 4105 Lexington Avenue North. The Planning Commission recommended approval (5-0) of this case at their meeting on October 8, 2014. The City Council also approved (4-1) Planning Case 14-031, which was a request for a Master and Final PUD Amendment for the Johanna Shores redevelopment project at 3200 Lake Johanna Boulevard. The approval included the reconfiguration of the Brownstone Buildings to be completed in Phase II, the reallocation of four units from the Lakeview Buildings to the Brownstone Buildings increasing the number of units in these buildings to 40, and a revision to the construction schedule in the PUD Agreement. The City Council will reevaluate traffic calming on the County Road D driveway after reviewing the traffic analysis which is required to be completed one year after the completion of the project. The Planning Commission recommended approval (5-0) of this case at their meeting on October 8, 2014. Page 1 of 2 DATE: November 5, 2014 TO: Planning Commission Chair Larson and Commissioners FROM: Jill Hutmacher, Community Development Director SUBJECT: TCAAP Update Requested Action None. Regulations and Policies The original schedule for Regulations and Policies anticipated that the City Council would be providing final comments on the draft zoning on November 17, 2014. At this point, that appears unlikely and additional meetings will be needed to finalize the TCAAP zoning. Staff is working on revising the schedule which will likely include continuing zoning meetings into 2015. Remaining topics for City Council discussion and final approval include: • JDA Governance Process • Density and Mix of Uses • Residential Design Standards • Office/Retail Design Standards • Flex Office Design Standards • Gateway Overlay Design Standards • Exterior Materials • Street Design and Right-of-Way Requirements • Landscaping Requirements • Open Space Standards • Table of Permitted Uses • Comprehensive Plan Amendment and Future Land Use Map • Other topics as identified by the City Council The November 3, 2014 Gateway Planning workshop has been postponed so that the City Council can have a discussion with a retail developer and begin a policy discussion regarding the Comprehensive Plan’s Future Land Use Map. MEMORANDUM Page 2 of 2 Upcoming Meetings Staff and consultants are scheduling work for the regulations and policies component of the master planning process. November 3, 2014, Special Work Session at 6:00 pm, Council Chambers • Discussion with Retail Developer • City Council Discussion of Vision and Density • Future Land Use Map Policy Discussion November 10, 2014, Special Work Session at 5:30 pm, Community Room • Stormwater System Update (Infrastructure) November 17, 2014, Regular Work Session at 5:00 pm, Council Chambers • Workshop with Gateway Planning o Discuss Chapters 8-10 (Street Design Standards, Open Space Standards, Streetscape and Landscape Standards) o Review comments and revisions to-date Additional regular and special work session meetings will be scheduled to discuss regulations and policies, the infrastructure study, and other TCAAP issues. Topics for future meetings will be identified as those dates draw nearer.