HomeMy WebLinkAbout02-23-15-R "I't
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Approved: April 13, 2015
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
FEBRUARY 23,2015
7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor Pro-Tem Dave McClung called to order the
regular City Council meeting at 7:00 p.m.
Present: Councilmembers Brenda Holden, Dave McClung, and Robert Woodburn
Absent: Mayor David Grant(excused) and Councilmember Fran Holmes (excused)
Also present: City Administrator Patrick Klaers; Public Works Director Terry Maurer;
City Planner Ryan Streff; City Attorney Joel Jamnik; and City Clerk Amy Dietl
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
MOTION: Councilmember Woodburn moved and Councilmember Holden seconded a
motion to approve the meeting agenda as presented. The motion carried
unanimously (3-0).
2. PUBLIC INQUIRIES/INFORMATIONAL
None.
3. STAFF COMMENTS
A. TCAAP Update
City Administrator Klaers stated that special City Council work sessions will be held at 6:00 pm
on Tuesday, February 24 and Wednesday, February 25 to discuss final edits to the draft TCAAP
Redevelopment Code. He noted that the Joint Development Authority will meet on Monday,
February 2nd at 5:30 p.m. at City Hall.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 2
4. APPROVAL OF MINUTES
A. January 20, 2015, City Council Work Session
B. January 26, 2015, Special City Council Work Session
MOTION: Councilmember Holden moved and Councilmember Woodburn seconded a
motion to approve the January 20, 2015, City Council work session minutes;
and January 26, 2015, special City Council work session minutes as presented.
The motion carried unanimously (3-0).
5. CONSENT CALENDAR
A. Motion to Approve Consent Agenda Item - Claims and Payroll
B. Motion to Approve New Felling Trailer Purchase
C. Motion to Approve Purchase of Mini Excavator
D. Motion to Approve Final Plans and Ordering Advertisement for Bids for 2015
Pavement Management Program
• Resolution 2015-013 (Venus/Crystal Neighborhood)
• Resolution 2015-014 (Grant/Noble/Lake Lane Neighborhood)
E. Motion to Approve Resolution 2015-020 Approving Recycling Contract with
Republic Services
F. Motion to Approve Round Lake Road Area Improvement — Payment #7 and
Change Order#2 in the Amount of$31,179.93
G. Motion to Adopt Resolution 2015-012 —Restricting Parking—Mounds View High
School Trail
H. Motion to Approve the Xcel Energy Contract for Lighting Installation for the
County Road E Improvements
I. Motion to Approve Appointment of Finance Analyst
J. Motion to Adopt Resolution 2015-019 Entering into Cooperative Agreement No.
07080 with MnDOT and the City of New Brighton for County Road F
Reconstruction
K. Motion to Approve Settlement Agreement—TAT Properties
MOTION: Councilmember Holden moved and Councilmember Woodburn seconded a
motion to approve the Consent Calendar as presented and to authorize
execution of all necessary documents contained therein. The motion carried
unanimously(3-0).
6. PULLED CONSENT ITEMS
None.
7. PUBLIC HEARINGS
None.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 3
8. NEW BUSINESS
A. Planning Case 14-036—Master and Final PUD—Red Fox Business Center
City Planner Streff explained that Roberts Management Group is proposing to construct two (2)
multi-tenant light industrial buildings on an 8.04 acre development site located at 1235 Red Fox
Road. The site is located in the southeast quadrant of Snelling Avenue North and Interstate 694
and bordered by Health Partners and the Northwoods Office Building to the east, and UTC Fire&
Security building to the west.
City Planner Streff stated that as proposed, the Red Fox Business Center would consist of two
(2) buildings totaling 93,300 square feet. Building 1 is proposed at 43,300 square feet in size and
Building 2 is proposed at 50,000 square feet in size. The buildings would be designed into
individual tenant bays ranging from 5,000 square feet and up to allow businesses to take as much
or as little space as needed.
City Planner Streff indicated that two driveways are proposed to provide access to the
development, the first along the eastern property line for passenger vehicles and the second along
the western property line for truck traffic. In this case, it is important to separate passenger
vehicles and truck traffic whenever possible in order to minimize conflicts. Parking areas for
passenger vehicles would be located along the front fagade of Building 1 and along the front and
side facades of Building 2. As indicated on the plan set, Building 1 provides a parking area
consisting of 82 parking stalls and Building 2 has 80 parking stalls incorporated into its design. In
this development, truck docks have been provided along the western fagade of Building I and
along the southeast facade of Building 2. The docks on these building have been positioned on the
site to minimize their view from adjacent rights-of-way and neighboring buildings. Where less
desirable views exist on to the site, increased landscaping has been provided by the applicant.
City Planner Streff stated that both of the proposed buildings would be similar in design and use.
The applicant expects 50% wholesaling and warehousing uses with the remainder of the space
used for office space, business services, research and development, manufacturing and processing
(class 1), retail, and other similar uses. Given the visibility of the property from Interstate 694 and
Snelling Avenue, Roberts Management Group believes that the project could attract some
commercial showroom and retail tenants as well.
City Planner Streff commented that as proposed, the buildings would be constructed with high
quality tilt-up concrete panels with exposed aggregate. Decorative metal and anodized aluminum
would be used as accent materials to provide architectural interest to the building fagades and to
create focal points for entryways and corners of the buildings. The applicant intends to use a
significant amount of glass coverage on the front fagades of each building by incorporating ribbon
windows. Glass coverage on the front fagade of both buildings would be approximately 42% with
an average of approximately 22%-25% glass coverage when combined between all facades.
Building 1 would be designed with a 22 foot clear height and Building 2 would be constructed
with a 24 foot clear height in order to allow tenants to maximize the use of their space and provide
the ability to store products vertically. Staff reviewed additional details on building elevations
depicting the types of building materials that would be used for the building construction.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 4
City Planner Streff reported that the applicant has submitted a project narrative explaining the
proposed Red Fox Business Center development in further detail, where flexibility is being
requested, and why the overall proposal is within the public interest. A complete plan set,
including the Site Plan, Tree Preservation & Landscaping Plan, and Photometric Plan have also
been submitted.
Planning Case 14-036 includes three requests:
1. Master Planned Unit Development
2. Final Planned Unit Development
3. Conditional Use Permit
City Planner Streff noted 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.
City Planner Streff reviewed the Plan Evaluation, Traffic Study and Sign Code Review. He
noted that the Developer is requesting some flexibility in the tree preservation requirements and in
the tree replanting requirements. He also stated that in the traffic circulation within the site there
are a couple of pinch points that the tenants will have to address.
City Planner Streff explained that the Planning Commission reviewed Planning Case 14-036 at
their regular meeting on February 4, 2015. The Planning Commission offers the following
Findings of Fact for consideration:
General Findings:
1. The applicant is requesting approval of a Master & Final Planned Unit Development
(PUD) and a Conditional Use Permit for the Red Fox Business Center development.
2. The PUD process allows for flexibility within the City's regulations through a negotiated
process with a developer.
3. The Red Fox Business Center development is comprised of 8.04 acres.
4. The Red Fox Business Center development is located at 1235 Red Fox Road.
5. The proposed development is located in the I-Flex District.
6. The proposed development is a permitted use in the I-Flex District.
7. The Master and Final PUD are in substantial conformance with the requirements set forth
in the City's Zoning Code and design standards.
8. Where the plan is not in conformance with the City's Zoning Code, flexibility has been
requested by the applicant.
9. The applicant is proposing to construct two (2) multi-tenant light industrial buildings on
the property.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 5
10. The proposed development would be accessed from Red Fox Road. No access from
Northwoods Drive would be provided.
11. The proposed plan is in conformance with the City's 2030 Comprehensive Plan. The
property at 1235 Red Fox Road is guided for Mixed Business (MB). The MB area is
designated for a variety of businesses including; commercial, certain light industrial uses,
warehousing, office, general business, and retail.
Conditional Use Findings:
12. A Conditional Use Permit is required for wholesaling and warehousing uses in the I-Flex
District.
13. Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists criteria for evaluating a
Conditional Use Permit.
14. The proposal will have limited impacts on existing and anticipated traffic and parking
conditions.
15. The proposal will have limited impacts related to noise concerns.
16. The proposal will not affect glare, odors, vibration, smoke, dust, air pollution, heat, liquid
and solid waste on the property.
17. The proposal will not affect drainage on the property.
18. The proposal will not affect the population density on the property.
19. The proposal is unlikely to significantly affect land values on the subject property or on
neighboring properties.
20. The park dedication requirement does not apply in this case.
21. Where the proposed use is expected to impact the health, safety, convenience and general
welfare of the owners and occupants of the surrounding land, conditions may be placed on
a Conditional Use Permit to mitigate such impacts.
City Planner Streff indicated that the Findings of Fact for the Master & Final Planned Unit
Development (PUD) and Conditional Use Permit (CUP) support approval. However, if the City
Council chooses to deny the application, the Findings of Fact would need to be amended to reflect
the reasons for the denial. It was noted the Planning Commission reviewed Planning Case 14-036
and unanimously recommends approval (6-0) of the Master & Final Planned Unit Development
(PUD) and Conditional Use Permit (CUP) for the Red Fox Business Center project in order to
construct two (2) multi-tenant light industrial buildings at 1235 Red Fox Road, based on the
findings of fact and the submitted plans as presented in the February 23, 2015, Report to the City
Council, as amended by the following fourteen(14) conditions:
1. That 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. That the applicant shall obtain a building permit within one year of the PUD approval 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.
3. That the development agreement and conditional use permit (CUP) shall be prepared by
the City Attorney and subject to City Council approval. The development agreement and
CUP shall be executed prior to the issuance of a grading and erosion control permit.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 6
4. That 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.
5. That 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.
6. That 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.
7. That 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.
8. That the proposed project may require permits, including, but not limited to,
MPCANPDES, Rice Creek Watershed District, Minnesota Department of Health,
MPCASanitary Sewer Extension, Ramsey County and City Right of Way, and City
Grading and Erosion Control permits. Copies of all issued permits shall be provided to the
City prior to the issuance of any development permits.
9. That the final plans shall be subject to approval by the Building Official and Fire Marshal
prior to the issuance of a building permit.
10. Final grading, drainage, utility, and site plans shall be subject to approval by the Public
Works Director, City Engineer, and City Planner prior to the issuance of a grading and
erosion control permit or other development permits.
11. That 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.
12. That the final plans shall be revised to meet the standards as outlined by the Assistant City
Engineer in the memo dated 2-19-15.
13. That the final Lighting and Photometric Plan shall be reviewed and approved by the City
prior to the issuance of a building permit.
14. That the applicant shall conform to all other City regulations.
Mayor Pro-Tem McClung thanked City Planner Streff for his report and asked if the Council
had any questions of staff.
Councilmember Holden asked if all landscaping requirements were being met.
City Planner Streff stated that this was the case.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 7
Matt Pacyna, SRF Consulting, reviewed the traffic study in further detail with the Council. He
explained how data was collected noting that there was a focus on Red Fox Road. He reported
that the intersection had cueing issues which provided it a service level D. He discussed the
proposed improvements the County had planned for the corridor.
Councilmember Holden questioned where the 800 trips were coming from.
Mr. Pacyna explained that the trip generation estimates were based on the trip generation
handbook for a business park land use. He discussed how the morning and evening rushes were
peak traffic times, but noted additional volume would be generated by deliveries, clients and
visitors.
Councilmember Holden inquired how many of the estimated trips would be truck traffic.
Mr. Pacyna anticipated that 5-10% of the trips would be truck traffic for the proposed business
center development.
Councilmember Woodburn asked if the applicant had submitted a lighting plan. He
recommended that the lighting not be visible from the adjacent highway.
City Planner Streff reviewed the lighting plan with the Council, noting that all proposed lighting
would be shoebox in nature to keep the light within the development site.
Nicholas Roberts, Roberts Management Group, discussed the proposed Red Fox Business Center
in further detail with the Council. He thanked the Council for their consideration. He assured the
Council that the proposed lighting would be shielded from passing traffic and meet all City
requirements.
Councilmember Holden requested further information on the tip-up panels.
Mr. Roberts explained the style and type of tip-up panels that would be used for the business
center, along with the color and finish that would be selected for all sides of the building.
Councilmember Holden questioned how many trees would be planted on the site.
Mr. Roberts pointed out the number and location of the proposed trees within the development.
He noted that a utility easement was located adjacent to the property which meant that trees could
not be planted in this area.
Mayor Pro-Tem McClung agreed that additional screening was necessary to screen the loading
dock area on Building 2. He inquired what enhancements were being made to the northern
fagade.
City Planner Streff discussed the proposed enhancements that were planned for the northern
fagade.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 8
Mayor Pro-Tem McClung understood flexibility was being requested with regard to tree
preservation and tree plantings. He requested further information from the applicant as to why the
Council should consider this flexibility.
Mr. Roberts commented that this was the only area he was requesting flexibility through the
entire PUD process. He stated that part of the reason was because there are a lot of trees on the
site and that he was running out of space to plant trees; except for the location along the northwest
property line. He suggested that this property line not be fully screened by trees in order for the
new building to be viewed by passing traffic along the freeway. He wanted to capture some of
this exposure for his future tenants. He discussed further how he had worked to achieve both his
and the City's goals through the PUD.
Ben Hartberg, consulting landscape architect for the applicant, reviewed the landscape plan
further with the Council. He noted that some of the existing trees along the property line belong
to HealthPartners. He reported that trees could not be planted over the watermain, but stated
junipers or a fence may be an option to provide additional screening.
Public Works Director Maurer explained that the City had two utility mains running along this
property, a 16" water main and a sanitary sewer line that crossed under 1-694. Staff did not
recommend plantings in this area given the fact they may need to be taken out for repairs in the
future.
Mr. Roberts indicated that he would be more than happy to offer additional plantings if they
could be placed on the HealthPartners property, away from the utility easement. He stated that he
would be happy to plant four or five trees in this area.
Mayor Pro-Tem McClung and Councilmember Holden supported this recommendation.
Further discussion ensued regarding the loading dock elevation of the building.
Councilmember Holden requested that the applicant break up and further improve this elevation.
She encouraged Roberts Management Group to communicate their construction plan and timing
to HealthPartners.
MOTION: Councilmember Holden moved and Councilmember Woodburn seconded a
motion to approve Planning Case 14-036 for a Master and Final Planned Unit
Development (PUD) and Conditional Use Permit (CUP) in order to construct
two (2) multi-tenant light industrial buildings, based on the findings of fact
and the submitted plans, as amended by the fourteen (14) conditions in the
February 23, 2015, Report to the City Council.
Councilmember Holden suggested that Condition #15 be added and read: City Staff will be
allowed entrance at least one time a year to determine the percentage of warehouse space.
AMENDMENT: Councilmember Holden moved and Mayor Pro-Tem McClung
seconded a motion adding Condition #15 which will read: That City
Staff shall be allowed access to the development on an annual basis to
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 9
determine the amount of wholesaling and warehousing uses in each
building.
The amendment carried (3-0).
Councilmember Holden suggested that Condition #16 be added and read: Roberts Management
Group will communicate their construction plan to HealthPartners.
AMENDMENT: Councilmember Holden moved and Mayor Pro-Tem McClung
seconded a motion adding Condition #16 which will read: The
Developer shall notify the owner of the neighboring medical building
of their construction schedule and any changes.
The amendment carried (3-0).
Councilmember Holden suggested that Condition #17 be added and read: Roberts Management
Group will meet with HealthPartners to discuss the potential of planting four trees on
HealthPartners property to assist in screening the new dock area. Trees will be planted at
HealthPartners' discretion with the assistance of the City Planner.
AMENDMENT: Councilmember Holden moved and Mayor Pro-Tem McClung
seconded a motion adding Condition #17 which will read: The
Developer shall work with the owner of the neighboring medical
building regarding additional screening of the loading dock area along
Building 2 and offer four (4) tree plantings to be installed on their
property at Developer's cost.
The amendment carried (3-0).
Councilmember Holden suggested that Condition #18 be added and read: Developer shall
provide architectural relief similar to the north elevation on the loading dock side of the northern
building.
AMENDMENT: Councilmember Holden moved and Mayor Pro-Tem McClung
seconded a motion adding Condition #18 which will read: The
Developer shall provide additional fagade treatments on the south
facade (loading dock area) of Building 2 similar to north facade but
not requiring use of the anodized aluminum materials.
The amendment carried (3-0).
The amended motion carried (3-0).
B. Planning Case 15-001 — Preliminary and Final Plat and Master PUD
Amendment—Boston Scientific
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 10
City Planner Streff stated that the property at 4100 Hamline Avenue North operates under a
Master Planned Unit Development that was approved in Planning Case 02-025 for the Guidant
Corporation. Boston Scientific acquired Guidant in 2006, and their Cardiac Rhythm Management
Campus is now located on the site. The Campus Master Plan approved in 2002, envisioned an
additional 1,029,000 square feet of building space on the property to be built over 10 to 15 years
for a total of 2,187,893 square feet. The plan included twelve individual buildings and seven
parking ramps on the property.
City Planner Streff indicated that a total of 419,500 square feet of additional building space was
proposed for Phase 1 of the development, which was scheduled to be completed in 2006.
However, due to the change in ownership to Boston Scientific and other market conditions,
portions of Phase 1 have not been constructed. To date, 207,560 square feet of new building space
has been built on the campus. Since 2002, the City has also approved eleven separate amendments
to the original PUD to address modifications to the building footprints, parking areas, and other
elements on the site. The Campus Master Plan was last revised in the PUD Amendment request
in Planning Case 14-015.
City Planner Streff explained that the Boston Scientific Campus in Arden Hills has transitioned
over the last few years into a more integrated component of the company's global operations. As a
result, the need for the existing approximately 1.2 million square feet of building space available
on the campus has diminished. Boston Scientific has decided to reduce the overall amount of
building area on its campus through the sale of Buildings A, B, and C, which are located in the
southwest quadrant of the property. The facilities currently located in these three buildings would
be consolidated within other buildings on the campus to improve operational efficiencies.
City Planner Streff commented that the proposed subdivision would create a 15.6 acre parcel
(Lot 1) situated at the corner of Hamline Avenue North and County Road F that would include
Buildings A, B, and C and Parking Ramp One, as identified on the Campus Master Plan. The
second parcel (Lot 2) would be approximately 78 acres in size and would continue to function as
the Boston Scientific Campus. In order to accommodate the subdivision, Boston Scientific is
requesting an amendment to the PUD. This amendment would accomplish two things: first, the
existing PUD would be revised to reflect the change in property boundaries and the proposed
updates to the Campus Master Plan; and second, a separate PUD for the Lot 1 would be created
allowing the two sites to function independently.
City Planner Streff indicated that the revision to the Campus Master Plan includes the removal
of proposed Buildings H and G, which are currently shown being constructed where the lot
division line has been proposed, and minor adjustments from the current campus plan to the
location of future buildings and parking ramps on Lot 2. The overall density of building area
would be reduced as a result of the elimination of Buildings H and G. No additional buildings are
proposed at this time on Lot 1.
City Planner Streff reported the Campus Master Plan also shows modifications to the existing
surface parking lot located between Buildings A, B, and C and Buildings E and D to create a
defined border along the Lot 1 and Lot 2 property line. This would be accomplished by removing
existing bituminous surfaces and installing landscaping. A Site Plan Review would be required to
be approved by the City Council before this work is undertaken. At that time, the City would
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 11
evaluate items such as grading, landscaping requirements, and parking lot setbacks in detail.
Boston Scientific expects to apply for a Site Plan Review in Fall 2015 or Spring 2016 to complete
the necessary site modifications to demarcate the properties.
City Planner Streff noted that the Campus Master Plan also indicates a future second access
drive for Lot 1 on Hamline Avenue,just north of the existing entrance to this site. The new access
is not being evaluated as part of this proposal. Boston Scientific has included this access drive as a
possible option for a future property owner or tenant on the site depending on their needs.
Construction of this access would require a Site Plan Review as well as approval through the
Ramsey County Public Works Department. Ramsey County has reviewed the Campus Master
Plan.
City Planner Streff indicated that the development plans for the Boston Scientific Campus would
be phased over the next 20 years. The construction of new buildings and parking ramps will be
coordinated with the future growth of Boston Scientific Corporation. As is the case with the
existing PUD, new building construction or site modifications identified on the approved Campus
Master Plan will require the submittal of a Site Plan Review for City Council approval prior to
construction. Proposed construction or site modifications not conforming to the approved Campus
Master Plan would require an amendment to the PUD. This requirement would apply to both Lot
I and Lot 2.
City Planner Streff discussed the Plan Review, and offered the following Findings of Fact for
consideration:
1. The applicant has requested approval of a Preliminary and Final Plat and an amendment to
the PUD for the property at 4100 Hamline Avenue North.
2. The subdivision would create two new parcels (Lot 1 and Lot 2) within the existing
Boston Scientific Campus plat.
3. The proposed subdivision is in conformance with the Subdivision Ordinance in Chapter 11
of the Arden Hills City Code.
4. A Master PUD was approved for 4100 Hamline Avenue North in Planning Case#02-025.
5. The applicant has requested an amendment to the PUD to reflect the change in the
property boundaries, to update the Campus Master Plan, and to create a separate PUD for
the proposed Lot 1.
6. The PUD process allows for flexibility within the City's regulations through a negotiated
process with a property owner.
7. Lot 1 and Lot 2 are located in the I-1 Limited Industrial Zoning District.
8. The proposed uses on Lot 1 and Lot 2 are permitted uses in the I-1 District.
9. The revisions to the Campus Master Plan are in substantial conformance with the original
PUD approval granted by the City in Planning Case#02-025.
10. The PUD amendment is in substantial conformance with the requirements of the City's
Zoning Code.
11. Where the plan is not in conformance with the City's Zoning Code, flexibility has been
requested by the applicant and/or conditions have been placed on the approval that would
mitigate the nonconformity.
12. The PUD amendment would grant flexibility for Lot 1 in terms of building height, front
yard setback, and the number of principal buildings allowed on a lot.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 12
13. The PUD amendment would grant flexibility for Lot 2 in terms of building height, front
yard setback, structure coverage, and the number of principal buildings allowed on a lot.
14. The applicant has provided a Parking Calculation Plan that shows adequate "proof- of-
parking" spaces on Lot 2 in the event that additional parking is needed.
15. The proposal will not adversely impact the surrounding neighborhood or the City as a
whole.
City Planner Streff explained that the Planning Commission reviewed this request and
unanimously recommends approval of Planning Case 15-001 for a Preliminary Plat, Final Plat,
and Planned Unit Development Amendment at 4100 Hamline Avenue North, based on the
findings of fact and the submitted plans in the February 23, 2015, Report to the City Council, as
amended by the following twelve (12) 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. The applicant and all subsequent owners of Lot 1 and Lot 2 shall continue to abide by the
conditions of all previous Development Agreements, Master PUD approvals, and
subsequent PUD Amendment approvals.
3. A PUD Amendment Agreement pertaining exclusively to Lot 2 shall be drafted by the City
Attorney and shall be executed prior to the execution of the Final Plat.
4. A PUD Agreement pertaining exclusively to Lot 1 shall be drafted by the City Attorney
and shall be executed prior to the execution of the Final Plat.
5. The applicant shall submit an agreement for shared management and maintenance of the
stormwater facilities prior to the execution of the Final Plat. The agreement shall be
subject to City Attorney approval.
6. The applicant shall file the Final Plat of Boston Scientific Campus with Ramsey County
within 180 days of the date of the City's approval of the Final Plat.
7. A Site Plan Review application for the modification of the parking area along the Lot 1
and Lot 2 property line shall be submitted prior to March 1, 2016, or an extension request
shall be submitted in writing to the City at least forty-five (45) days prior to the expiration
dated.
8. All necessary City permits for the removal of the existing skyway structure connecting
Building B and Building E as depicted on the current Campus Master Plan shall be
obtained prior to March 1, 2016, or an extension request shall be submitted in writing to
the City at least forty-five(45) days prior to the expiration dated.
9. Prior to City approval of a Site Plan Review for Lot 2 that would result in more than an
additional 211,940 square feet of new gross building space on Lot 2, the property owner
shall be required to complete a traffic study,unless waived by the City Council.
10. New access to Hamline Avenue North shall require approval through the Ramsey County
Public Works Department. A right-of-way permit will be required for any construction
activity occurring within the County's right-of-way.
11. New addressing of Lot 1 and Lot 2 shall be determined upon the sale of Lot 1 per the
requirements of the Lake Johanna Fire Department.
12. Sprinkler and Fire Alarm testing shall be required prior to the occupancy of new tenants in
Buildings A, B, or C.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 13
Councilmember Holden asked if the City's standard parking requirements were used for this
request.
City Planner Streff stated that this was the case.
Councilmember Holden requested further information on how staff will review the parking
changes on Lot 1 and asked if the lots should be split.
Mayor Pro-Tem McClung wanted to see a separation between Lots 1 and 2.
City Planner Streff explained that Lots 1 and 2 would be landscaped together. He reviewed
Condition #7 with the Council and noted this condition could be amended by the Council to
address their concerns.
MOTION: Councilmember Holden moved and Councilmember Woodburn seconded a
motion to approve Planning Case 15-001 for a Preliminary Plat, Final Plat,
and Planned Unit Development Amendment at 4100 Hamline Avenue North,
based on the findings of fact and the submitted plans, as amended by the
twelve (12) conditions in the February 23, 2015, Report to the City Council.
Councilmember Woodburn reviewed the maps provided by staff and noted some confusion with
the parking situation around Building K.
City Planner Streff deferred this question to the applicant.
Joseph Ward, RSP Architects, discussed the differences on the maps noting that one reflected
present day parking conditions and the other was a future conditions map. He stated that the
height of parking ramps 5, 6, and 7 would be increased to accommodate additional cars.
Councilmember Holden requested that Condition #7 be amended adding the following sentence:
Landscaping issues will also be addressed in this application for true separation of the two
properties.
AMENDMENT: Councilmember Holden moved and Mayor Pro-Tem McClung
seconded a motion amending Condition #7 adding the following
sentence: A Landscaping Plan addressing the separation of Lot 1 and
Lot 2 shall be submitted along with the Site Plan Review application
for the parking lot modification.
The amendment carried (3-0).
The amended motion carried (3-0).
C. Planning Case 15-002 — Preliminary and Final Plat and Master PUD
Amendment—Arden Plaza
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 14
City Planner Streff stated that the City approved a redevelopment plan for the Arden Plaza retail
center in 2009 in Planning Case 09-011. The approved Master PUD included the demolition of an
existing office building, the subdivision of the parcel into four lots, and the construction of four
new buildings over three phases. A total of 97,035 square feet of retail and commercial building
space was approved for the Master PUD. Phase I of the PUD, which included the development of
a pharmacy in place of the office building at the intersection of Lexington Avenue and County
Road E, was also approved as part of this planning case.
City Planner Streff indicated that a subsequent PUD Amendment in 2011 (Planning Case 11-
016) included a revised plat that combined two of the lots in the northeast corner of the site into a
single lot for the development of the existing Walgreens Pharmacy. Phase I of the Master PUD
was largely completed in 2012, and included the construction of the Walgreens building,
modifications to parking and circulation within the retail center area, and the construction of
stormwater bio-filtration basins required for the proposed build-out of the site.
City Planner Streff explained that a Conditional Use Permit (CUP) was approved in Planning
Case 97-009 allowing Frattallone's Hardware to install fencing on a portion of the retail center
parking lot for a seasonal garden sales area. A CUP was required because the Zoning Code does
not specifically allow or prohibit outdoor garden sales as a use. This seasonal sales area continues
to operate on the property, although the area was never fenced off as proposed and its footprint
has expanded beyond the original CUP approval.
City Planner Streff commented that the Master PUD and subsequent amendment, along with
associated plans and conditions of approval, remain valid. Neither Phase II nor Phase III of the
approved Master PUD is being reviewed as part of this amendment request. The buildings
included in these future phases would return to the Planning Commission and City Council for
review and approval prior to development.
City Planner Streff noted that the first component of the application is the Preliminary Plat to
subdivide Lot 3 within the existing Arden Plaza plat into three separate parcels. Frattallone's
Hardware, which is a current tenant in the retail center, has approached Wellington Management
regarding the purchase of its store and the existing outdoor garden center. To accommodate this, a
new Lot 4 would be created comprised of the Frattallone's portion of the building, the area
occupied by the seasonal sales area, and related parking and service areas.
City Planner Streff stated that the new Lot 3 would be comprised of the remaining retail center,
the primary parking area, access drives on County Road E and Lexington Avenue, and the
stormwater pond at the southeast corner of the site. The lot line between the retail building on Lot
3 and the Frattallone's Hardware store on Lot 4 would be defined by a demising wall, which is a
common wall used by separate real estate entities erected upon a line dividing two parcels of land.
The City Building Official has been working with the property owner on the specifications of the
demising wall and building permits will be required prior to construction. Approval of the Final
Plat will be conditioned on the issuance of a Certificate of Occupancy for the proposed
remodeling work. The Final Plat will be brought back to the City Council for approval once the
Certificate of Occupancy has been issued.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 15
City Planner Streff reported that the new Lot 5 is located on Lexington Avenue and would
include the future Building #4, which is proposed to be constructed in Phase III of the
redevelopment. The proposed footprint of Building #4 has increased from the approved Master
PUD. The submitted master site plan indicates that this building would be 20,136 square feet in
size, an increase of 2,136 square feet from the 2009 PUD approval.
City Planner Streff stated that Wellington Management is requesting an amendment to the
Master PUD to address the following five items:
1. Account for the subdivision of Lot 3 within Arden Plaza into three separate lots.
2. Allow for the creation of a non-conforming parcel (Lot 4) that does not have frontage on a
public street.
3. Include the expanded outdoor seasonal sales area on Lot 4 within the Master Site Plan.
4. Increase the size of Building #4 on the proposed Lot 5 from 18,000 square feet, as
approved in Planning Case 09-011, to 20,136 square feet.
5. Minor modification to the parking lot at the north end of the retail center to retain 12
existing parking stalls that are shown being removed on the Master Site Plan.
City Planner Streff indicated that the submitted plans include a Site Plan for the Frattallone's
seasonal sales area. The proposed outdoor garden center would measure 150 feet by 56 feet for a
total area of 8,400 square feet. The existing bituminous surface on which the sales area is now
located would be replaced with a concrete surface. A concrete curb and fencing along the
perimeter of the area would help define and separate the space from the adjacent parking and
service areas. The plan shows a six-foot tall ornamental metal fence along the north, east, and
south sides of the sales area.
City Planner Streff stated that the original CUP approved in 1997 for the outdoor garden center
remains valid. However, the applicant is seeking approval to expand the overall area of this use on
the site. The Zoning Code requires that any enlargement or intensification of a conditional use
shall require an amended permit and all procedures shall apply as if a new permit were being
requested.
City Planner Streff discussed the Plan Review along with the Conditional Use Review.
City Planner Streff explained that the Planning Commission reviewed Planning Case 15-002 at
their regular meeting on February 4, 2015. The Planning Commission offers the following
Findings of Fact for consideration:
Subdivision Findings
1. The applicant has requested approval of a Preliminary and Final Plat for the property at
3527-3557 Lexington Avenue North.
2. The subdivision would create three new parcels (Lot 3, Lot 4, and Lot 5) within the
existing Arden Plaza plat.
3. The proposed Lot 3 and Lot 5 are in conformance with the Subdivision Ordinance in
Chapter 11 of the Arden Hills City Code.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 16
4. The proposed Lot 4 is not in conformance with the Subdivision Ordinance in Chapter 11
of the Arden Hills City Code because it is an interior parcel with no frontage on a publicly
dedicated street.
5. The proposed Lot 4 is entitled to access and parking under an existing Reciprocal
Easement Agreement (Doc. No. 2156888) that has been recorded against the property with
Ramsey County.
6. The applicant has requested for flexibility through the PUD Amendment process for the
proposed nonconforming Lot 4.
PUD Amendment Findings
7. The applicant is requesting approval of an amendment to the Master PUD for Arden Plaza
property.
8. The original Master PUD for the development was approved in Planning Case #09-011. A
subsequent PUD Amendment was approved in Planning Case#11-016.
9. The PUD Amendment is being requested in order to accommodate the proposed
subdivision, to include an expanded outdoor seasonal sales area on the site, to increase the
size of Building #4 to be constructed in Phase III, and to allow for minor modifications to
the existing parking lot.
10. The PUD process allows for flexibility within the City's regulations through a negotiated
process with a developer.
11. The Arden Plaza development is located in the B-2 General Business District.
12. The City has adopted the Guiding Plan for the B-2 District that outlines future
development principals for the area.
13. The City has adopted Design Standards for the B-2 District within the Zoning Code.
14. The Master PUD Amendment is in substantial conformance with the requirements of the
City's Zoning Code.
15. The Master PUD Amendment is in substantial conformance with the Guiding Plan for the
B-2 District.
16. The Master PUD Amendment is in substantial conformance with the City's
Comprehensive Plan.
17. The submitted Site Plan for the Frattallone's Hardware outdoor seasonal sales area is in
conformance with the B-2 District Design Standards.
18. Where the plan is not in conformance with the City's Zoning Code, such as for outdoor
storage and displays, flexibility has been requested by the applicant and/or conditions have
been placed on an approval that would mitigate the nonconformity.
19. The application is not anticipated to create a negative impact on the immediate area or the
community as a whole.
CUP Amendment Findings
20. The City approved a Conditional Use Permit in Planning Case 97-009 for a 3,500 square
foot outdoor garden sales area on the Arden Plaza site.
21. The proposed Frattallone's Hardware outdoor sales area would measure 150 feet by 56
feet, or a total area of 8,400 square feet.
22. Section 1345.03 of the Zoning Code states that any enlargement or intensification of a
conditional use not specifically permitted by the permit shall require an amended permit
and all procedures shall apply as if a new permit were being requested.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 17
23. Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists criteria for evaluating a
Conditional Use Permit.
24. The proposal will have limited impacts on existing and anticipated traffic and parking
conditions.
25. The proposal will not affect noise on the property.
26. The proposal will not affect glare, odors, vibration, smoke, dust, air pollution, heat, liquid
and solid waste on the property.
27. The proposal will have limited impacts on drainage on the property.
28. The proposal will not affect the population density on the property.
29. The proposal is unlikely to significantly affect land values on the subject property or on
neighboring properties.
30. The park dedication requirement does not apply in this case.
City Planner Streff indicated that the Planning Commission recommended approval (4-2,
Zimmerman and Bartel) of Planning Case 15-002 for a Preliminary Plat, Planned Unit
Development Amendment, and Conditional Use Permit Amendment at 3527-3557 Lexington
Avenue North based on the findings of fact and submitted plans in the February 23, 2015, Report
to the City Council, as amended by the following twenty-two (22) conditions:
1. Prior to City Council review of Planning Case 15-002, the issue regarding the design and
location of the demising wall between Lot 3 and Lot 4 shall be resolved to the satisfaction
of the Building Official and Fire Marshall.
2. The applicant shall continue to abide by the conditions of all previous Master PUD
Agreements, permits, and reviews, except as hereinafter amended.
3. 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 by the Planning Commission and approval by the City
Council.
4. A Development Agreement Amendment shall be prepared by the City Attorney and
subject to City Council approval. The agreement shall be executed by all parties within the
Arden Plaza development prior to the issuance of any building or development permits.
5. The final construction plans for the demising wall between the Frattallone's Hardware
store and the remainder of the Arden Plaza retail building shall meet the standards as
outlined by the City Building Official in the memo dated January 29, 2015.
6. The execution of the Final Plat shall be conditioned on the demising wall construction
between the Frattallone's Hardware store and the remainder of the Arden Plaza retail
building receiving final approval from the City Building Official.
7. Prior to the execution of the Final Plat, a copy of the supplemental declaration between
Frattallone's Hardware and Arden Plaza, LLC addressing the issues of drainage and
driveway maintenance shall be provided to the City.
8. Prior to the execution of the Final Plat, a copy of an agreement addressing the Sewer and
Water services provided to Lot 4 thought the building on Lot 3 shall be provided to the
City.
9. Prior to the execution of the Final Plat, a copy of an agreement addressing the operation,
maintenance, and ownership of all sanitary sewer, water, and storm sewer within the
development, and the process by which future land use applications will be submitted to
the City for properties within the development, shall be provided to the City.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 18
10. The applicant shall file the Final Plat with Ramsey County within 180 days of the date of
the City's approval of the Final Plat. An extension request must be submitted in writing to
the City at least forty-five(45) days prior to the expiration date.
11. The Developer shall submit a financial surety in the amount of 125 percent of the
estimated costs of site improvements including grading, utilities, paving, and fence
installation prior to the issuance of any development permits related to the construction of
the outdoor seasonal sales area. 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 of a developer default.
12. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated
costs of site improvements including grading, utilities, paving, and fence installation prior
to the issuance of any development permits related to the construction of the outdoor
seasonal sales area. 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.
13. Final grading and erosion plans shall be submitted to the City Engineer for approval prior
to the issuance of any development permits related to the construction of the outdoor
seasonal sales area.
14. The operations of the Bio-Filtration Area #2 identified on the Master Site Plan shall be
corrected to the satisfaction of the City Engineer prior to the issuance of any development
permits related to the construction of the outdoor seasonal sales area.
15. The City currently holds a Letter of Credit (American Bank Letter of Credit No. 2527) for
the patching and seal coating of the parking lot next to the Frattallone's Hardware store.
This work shall be completed by September 30, 2015 or the LOC maturity date shall be
extended.
16. The applicant shall construct the main parking area and landscaping improvements
previously planned for Phase I prior to the issuance of a Certificate of Occupancy for
either Building#2 or Building#4.
17. The fence around the perimeter of the outdoor seasonal sales area shall be made of
wrought iron materials and shall not exceed six(6) feet in height.
18. No exterior signage shall be attached to the fence around the outdoor seasonal sales area.
19. The outdoor seasonal sales area must be an extension of and consistent with the
applicant's permitted principal use.
20. The outdoor seasonal sales area shall be used exclusively for the seasonal sale of nursery
and garden items, including but not limited to flowers, plants, landscaping materials, and
Christmas trees.
21. The site shall be kept in a neat and orderly fashion, free from litter, refuse, debris,junk, or
other waste which results in offensive odors or unsightly conditions.
22. Exterior storage and outdoor display and sales shall be permitted on Lot 4.
Mayor Pro-Tem McClung questioned how staff would ensure that the fencing was completed at
this time.
City Planner Streff commented that staff had included Conditions #11, #12 and #17, which
addressed the fence installation. He noted a cash escrow was being requested from the applicant
along with a financial surety to ensure the fence was completed.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 19
Councilmember Woodburn wanted to see the weeds surrounding the stormwater pond properly
managed.
David Bergstrom, Wellington Management, commented that the large pond on the southeast
corner of the site had a plugged drainage pipe which has since been cleared. He stated that a
maintenance agreement was not in place. He reported that if a maintenance agreement were
created, it would have to include several surrounding properties.
City Attorney Jamnik advised that the Council could direct staff to implement a procedure to
require the property owner to maintain the stormwater pond. He stated that this language could be
placed in the agreement with the applicant in order to meet all State requirements.
Councilmember Holden asked what would be stored in the garden center area throughout the
winter months.
Tom Frattallone, Frattallone's Ace Hardware, commented the garden center would be in use
from early March through December 28th. He indicated the space would be used to store tomato
cages, concrete, firewood and sidewalk salt in January and February.
Councilmember Holden requested further clarification on how staff was defining the outdoor
sales area.
City Planner Streff defined the outdoor sales area to be the area outlined in red on the
preliminary plat map, which included the covered canopy area. He stated this area was
approximately 8,400 square feet in size.
Mr. Frattallone indicated that the requested garden center area was the same size as has been
used by Frattallone's since they moved into the tenant space.
MOTION: Councilmember Holden moved and Councilmember Woodburn seconded a
motion to approve Planning Case 15-002 for a Preliminary Plat, Planned Unit
Development Amendment, and Conditional Use Permit Amendment at 3527-
3557 Lexington Avenue North, based on the findings of fact and submitted
plans, as amended by the twenty-two (22) conditions in the February 23, 2015,
Report to the City Council.
Councilmember Woodburn commented that he did not support Condition #22. He
recommended exterior storage be removed from the sentence as outdoor storage is not allowed in
the B-2 District.
Mayor Pro-Tem McClung inquired if this item could be approved on a 2-1 vote of the Council
this evening.
City Attorney Jamnik stated this would not be the case. He commented that a 3-0 vote would be
necessary in order to approve Planning Case 15-002. He clarified that the stormwater
management issue would be clarified within the development agreement.
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 20
Mayor Pro-Tem McClung questioned if the item would need a 60-day extension if tabled this
evening by the City Council.
City Planner Streff reported the Council would need to take action on this item by March 6`'' or
an extension would be required.
Councilmember Woodburn requested Condition #22 be amended removing the words "exterior
storage and".
AMENDMENT: Councilmember Woodburn moved a motion amending Condition #22
removing the words "exterior storage and". The amendment failed for
lack of a second.
Councilmember Woodburn questioned why the City would allow outdoor storage in this area of
the City.
Councilmember Holden suggested that Condition#22 read: No storage, displays or sales shall be
permitted outside of the seasonal sales area.
AMENDMENT: Councilmember Holden moved and Mayor Pro-Tem McClung
seconded a motion amending Condition #22 to read as follows: No
storage, displays or sales shall be permitted outside of the seasonal
sales area.
Mr. Frattallone indicated that he was not asking to change the way he was doing business and
requested that Condition#22 remain as is. He did not see why the Council would change the way
he has been operating this site for the past 40 years. He explained that if the Council altered this
condition he may be forced to look for office/retail space outside the City of Arden Hills.
Councilmember Holden supported Condition #22 as amended as she did not want to see the
garden center area become used for outdoor storage.
The amendment carried (3-0).
Councilmember Holden stated that there have been multiple issues with the fire code and
building inspector regarding the placement of outdoor storage on the south and west side of the
building. She requested comment from the applicant regarding this matter. She was in favor of
adding Condition #23 which would prohibit outdoor storage on the South and West side of the
building.
City Planner Streff explained that Frattallone's had no violations at this time, and that the Fire
Marshal requested that no hazardous materials be stored outside of the garden center area.
Councilmember Holden asked if a covered storage area could be located along the west side of
the building.
ARDEN HILLS CITY COUNCIL— FEBRUARY 23, 2015 21
City Planner Streff did not believe there was enough room to provide for additional storage
along this elevation of the building. He reported that the property owner would have to maintain a
24 foot driving aisle. He reviewed a photograph of the rear of the building with the Council.
Councilmember Woodburn asked if the dumpsters had to be screened.
City Planner Streff stated that with new developments this was a requirement.
Mayor Pro-Tem McClung was in favor of the dumpsters being screened along with additional
storage along the rear of the building.
Councilmember Woodburn supported this recommendation as well.
City Attorney Jamnik advised that the Council could add a condition which would require the
dumpsters to be screened. However, due to the late hour, he recommended the Council table
action on this matter in order to allow staff to work with the applicant on the issues raised by the
Council.
MOTION: Councilmember Holden moved and Mayor Pro-Tem McClung seconded a
motion tabling action on Planning Case 15-002 to the March 9, 2015 City
Council meeting. The motion carried 2-1 (Woodburn opposed).
9. UNFINISHED BUSINESS
None.
10. COUNCIL COMMENTS
Councilmember Woodburn reviewed an article from the Star & Tribune on a development
project in Rosemount.
Councilmember Holden requested an update from Bethel University on their revised Master
Plan.
Councilmember Holden recommended that the current vacant apartment units be taken into
consideration in the County's fit study from TCAAP.
Councilmember Holden noted that Don Messerly recently passed away. She sent her
condolences to the Messerly Family.
Mayor Pro-Tem McClung encouraged all residents in Arden Hills to participate in the Friends of
the Park tree sale, which was going on now. It was noted that information was available on the
City's website. He appreciated the continued support of the City's residents.
ADJOURN
ARDEN HILLS CITY COUNCIL—FEBRUARY 23, 2015 22
MOTION: Councilmember Holden moved and Councilmember Woodburn seconded a
motion to adiourn. The motion carried unanimously (3-0).
Mayo Pro-Tem McClung adjourned the regular City Council meeting at 9:55 p.m.
r
C
Amy Dietl ave McClung
City Clerk Mayor Pro-Tem