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HomeMy WebLinkAbout04-08-15-PC Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, FEBRUARY 4, 2015 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Roberta Thompson called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Roberta Thompson, Commissioners Brent Bartel, Andrew Holewa, Steven Jones, Phillip Neururer, and Clayton Zimmerman. Absent: Commissioner Angela Hames Also present were: Community Development Director Jill Hutmacher; City Planner Ryan Streff; Associate Planner Matthew Bachler; and Councilmember Robert Woodburn. APPROVAL OF AGENDA – FEBRUARY 4, 2015 Chair Thompson stated the agenda will stand as published. APPROVAL OF MINUTES January 7, 2015 – Planning Commission Regular Meeting Commissioner Holewa moved, seconded by Commissioner Zimmerman, to approve the January 7, 2015, Planning Commission Regular Meeting as presented. The motion carried unanimously (6-0). APPOINTMENTS A. Planning Commission Appointment City Planner Streff explained that Phillip Neururer submitted an application to be considered for appointment on the Planning Commission. Consistent with the City’s policy on commission and committee appointments, Mr. Neururer was interviewed by a panel consisting of the Mayor, the Chair of the Planning Commission, the Council Liaison to the Planning Commission, and the staff Liaison to the Planning Commission. ARDEN HILLS PLANNING COMMISSION – February 4, 2015 2 City Planner Streff indicated that the interview panel agreed after meeting with Mr. Neururer that he would be a valuable addition to the Planning Commission based on his interview, his qualifications, and his past work experiences. During the Regular City Council meeting on January 12, 2015, the Council unanimously approved the recommendation of the Planning Commission Liaison to appoint Mr. Neururer as a regular member of the Planning Commission. Mr. Neururer’s term expires December 31, 2017. Chair Thompson administered the Oath of Office to newly appointed Planning Commissioner Phillip Neururer. PLANNING CASES A. Planning Case 14-036; Master and Final PUD and Condition Use Permit – 1235 Red Fox Road – Public Hearing City Planner Streff commented 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. 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 façade of Building 1 and along the front and side façades 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 façade of Building 1 and along the southeast façade 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 the site, increased landscaping has been provided by the applicant. City Planner Streff indicated 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 the project could attract some commercial showroom and retail tenants as well. City Planner Streff explained that 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 façades and to create focal points for entryways and corners of the buildings. The applicant intends to use a significant ARDEN HILLS PLANNING COMMISSION – February 4, 2015 3 amount of glass coverage on the front façades of each building by incorporating ribbon windows. Glass coverage on the front façade of both buildings would be approximately 42% with an average of approximately 22%-25% glass coverage when combined between all façades. 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 the ability to store products vertically. City Planner Streff noted that Planning Case 14-036 includes three requests: 1. Master Planned Unit Development 2. Final Planned Unit Development 3. Conditional Use Permit City Planner Streff 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. Land Use Plan: Site Data MB – Mixed Business Existing Land Use: Vacant Zoning: I-Flex District Current Lot Sizes: 8.04 Acres Topography: Fairly Flat City Planner Streff reviewed the surrounding area, the Plan Evaluation, Sign Code Review, and the Traffic Study. City Planner Streff provided the Findings of Fact for review: 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. ARDEN HILLS PLANNING COMMISSION – February 4, 2015 4 9. The applicant is proposing to construct two (2) multi-tenant light industrial buildings on the property. 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 stated that based on the submitted plans and findings of fact, staff recommends approval of Planning Case 14-036 for a 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. If the Planning Commission recommends approval of this request, staff recommends that the following fourteen (14) conditions be included with the approval: 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. 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 ARDEN HILLS PLANNING COMMISSION – February 4, 2015 5 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, MPCA- NPDES, Rice Creek Watershed District, Minnesota Department of Health, MPCA- Sanitary 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 1-27-15. 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. City Planner Streff reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table Chair Thompson opened the floor to Commissioner comments. ARDEN HILLS PLANNING COMMISSION – February 4, 2015 6 Matt Pacyna, SRF Consulting, discussed the traffic report in detail with the Commission. He explained that SRF was hired by the City to complete the traffic study. The existing site conditions were reviewed along with the planned improvements to the area. He provided comment on the traffic count numbers and stated that he believed his numbers were on the conservative side. He then asked for questions or comments from the Commission. Commissioner Holewa believed that the intersection needed a right turn lane from southbound Lexington Avenue onto Red Fox Road. Commissioner Jones expressed concern with how truck traffic may back up leaving the site during peak traffic hours at Lexington Avenue. He feared that Red Fox Road was too narrow for the proposed truck traffic. Mr. Pacyna stated this would be a balancing act for the business owner. He noted the County was looking into enhancements for the Red Fox Road and Lexington Avenue intersection in order to better accommodate truck traffic. Commissioner Holewa questioned if the Rice Creek Watershed District had reviewed the development proposal. City Planner Streff commented the applicant had met with Rice Creek Watershed District and a permit was required. He further discussed how drainage would be managed on the site. Commissioner Holewa inquired why the number of trees along I-694 had been reduced. City Planner Streff explained that an upgraded façade was being proposed along the I- 694/Snelling Avenue right-of-way and noted that the applicant did not want to block the signage and sight lines for the proposed businesses. Chair Thompson opened the public hearing at 7:11 p.m. Chair Thompson invited anyone for or against the application to come forward and make comment. There being no comment Chair Thompson closed the public hearing at 7:12 p.m. Commissioner Holewa stated that he supported the proposed request. Commissioner Zimmerman commended the applicant on his proposed plan and his efforts to keep these businesses in Arden Hills. He encouraged the applicant to increase the caliper inches of the trees being planted along I-694. Chair Thompson was concerned with the level of traffic truck in and around this property. She recommended that directional signage be installed in the parking lot. Commissioner Holewa moved and Commissioner Zimmerman seconded a motion to recommend approval of Planning Case 14-036 for a Master & Final Planned Unit Development (PUD) and Condition Use Permit (CUP) in order to construct two (2) multi- ARDEN HILLS PLANNING COMMISSION – February 4, 2015 7 tenant light industrial buildings at 1235 Red Fox Road based on the findings of fact, the submitted plans, and as amended by the fourteen (14) conditions in the February 4, 2015, report to the Planning Commission. The motion carried unanimously (6-0). B. Planning Case 15-001; Preliminary and Final Plat and PUD Amendment – 4100 Hamline Avenue North – Boston Scientific – Public Hearing Associate Planner Bachler 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 out over 10 to 15 years for a total of 2,187,893 square feet. The plan includes twelve individual buildings and seven parking ramps on the property. With the approvals granted in Planning Case 02-025, Guidant was required to submit a Site Plan Review prior to the construction of any new building, addition, or parking ramp on the site as identified in the Campus Master Plan. Associate Planner Bachler explained 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 plan was last revised in the PUD Amendment request in Planning Case 14-015. Associate Planner Bachler indicated that the campus 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. Associate Planner Bachler reported 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. Associate Planner Bachler stated 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 ARDEN HILLS PLANNING COMMISSION – February 4, 2015 8 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. Associate Planner Bachler noted that 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 clearly defined border along the property line between Lot 1 and Lot 2. This would be accomplished by removing existing bituminous surfaces and installing landscaping. A Site Plan Review would be required to be reviewed and approved by the Planning Commission and City Council before this work is undertaken. At that time, the City would 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. Associate Planner Bachler commented that the Campus Master Plan 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. Associate Planner Bachler stated that the future development plan 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, any 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 1 and Lot 2. Associate Planner Bachler explained 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 reported that in the original Master PUD approval, the City granted the Guidant Corporation flexibility in terms of their front yard setback, building height, structure coverage, and the number of principal buildings allowed on a single lot. The minimum front yard setback for the I-1 District is 55 feet and in the approved PUD, a 50-foot setback was permitted but was applied to the setbacks along all property lines, including rear and side lot lines. The 2002 Campus Master Plan included several proposed buildings with a height in excess of the 35- foot height maximum with the tallest, Building K, proposed at 135 feet. The maximum structure coverage allowed in the I-1 District is 30 percent and at full build out the Master Plan envisioned 32.7 percent structure coverage. Finally, the Zoning Code only permits one principal building per ARDEN HILLS PLANNING COMMISSION – February 4, 2015 9 lot. Under the PUD, Guidant was permitted to develop multiple principal buildings on a single parcel. Land Use Plan: Site Data Light Industrial and Office Existing Land Use: Light Industrial and Office Zoning: I-1: Limited Industrial / PUD Overlay Current Lot Sizes: 93.3 acres (Lot 1: 15.6 acres; Lot 2: 77.7 acres) Topography: Level Associate Planner Bachler reviewed the surrounding area, the Plan Evaluation, Zoning Code Review and Sign Code requirements. Associate Planner Bachler provided the Findings of Fact for review: 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. 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. Associate Planner Bachler stated that staff is supportive of the request from Boston Scientific for a subdivision and amendment to the existing PUD for the campus. The subdivision will allow the company to consolidate their operations on their campus and improve overall efficiencies. ARDEN HILLS PLANNING COMMISSION – February 4, 2015 10 Additionally, the existing facilities on Lot 1 will offer an attractive corporate campus for a new company to relocate to. The PUD amendment is largely consistent with the original PUD approval in 2002 and is primarily needed to accommodate the subdivision and to adjust the location and footprint of a few of the proposed new buildings shown on the Campus Master Plan. If the Planning Commission votes to recommend approval of Planning Case 15-001, staff would recommend the following twelve (12) conditions be included in the approval: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. 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. Associate Planner Bachler reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial ARDEN HILLS PLANNING COMMISSION – February 4, 2015 11 4. Table Chair Thompson opened the floor to Commissioner comments. Commissioner Jones requested further information on how Lots 1 and 2 would be separated. Associate Planner Bachler explained that Boston Scientific would be required to submit a Site Plan Review before completing any modifications to the parking lot along the Lot 1 and Lot 2 property boundary. Chair Thompson asked how Lot 1 would be managed if it were sold to a new owner. Associate Planner Bachler reported that staff has been working on this issue with the City Attorney. He stated that separate PUD Agreements would be created to cover the proposed Lot 2 and the proposed Lot 1. He indicated that the PUD Agreements would have to be signed prior to the execution of the Final Plat. Commissioner Neururer questioned how many additional parking spaces were being created. Associate Planner Bachler commented that Lot 1 was required to have 878 spaces for office space and 25 parking spaces for manufacturing. He reported that the site currently had 916 spaces and after the modifications the site would have 980 parking spaces. Community Development Director Hutmacher provided further comment on the parking situation with the Commission. Chair Thompson opened the public hearing at 7:52 p.m. Chair Thompson invited anyone for or against the application to come forward and make comment. There being no comment Chair Thompson closed the public hearing at 7:53 p.m. Commissioner Holewa moved and Commissioner Zimmerman seconded a motion to recommend 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 as amended by the twelve (12) conditions in the February 4, 2015, report to the Planning Commission. The motion carried unanimously (6- 0). C. Planning Case 15-002; Preliminary and Final Plat, PUD Amendment and CUP Amendment – 3527-3557 Lexington Avenue North – Arden Plaza – Public Hearing Associate Planner Bachler stated that the City Council approved a redevelopment proposal for the Arden Plaza retail center in 2009 in Planning Case 09-011. The approved Master PUD included the demolition of an existing office complex, 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, ARDEN HILLS PLANNING COMMISSION – February 4, 2015 12 which included the development of a pharmacy in place of the office building, was also approved as part of this planning case. Associate Planner Bachler 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. Associate Planner Bachler explained that prior to the City’s approval of the Master PUD for the retail center, a Conditional Use Permit (CUP) request from Frattallone’s Hardware was approved in Planning Case 97-009 for fencing a part of the parking lot on the property to allow 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. The seasonal outdoor sales area continues to operate on the property, although the area was never fenced off as proposed and its footprint has expanded beyond what was originally approved by the City in the CUP. Associate Planner Bachler noted the Master PUD and subsequent amendment, along with the associated plans and the 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. Associate Planner Bachler commented that the first component of the application is the Preliminary and Final 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 outdoor seasonal sales area, and related parking and service areas. Associate Planner Bachler reported 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 common lot line between the remaining portion of the retail building on Lot 3 and the Frattallone’s Hardware store on Lot 4 would be defined by a demising wall. The definition of a demising wall is a wall used jointly by two parties erected upon a line dividing two parcels of land, each of which is a separate real estate entity. The City Building Official and the Lake Johanna Fire Department have been working with the property owner on the specifications of the demising wall and final 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. Associate Planner Bachler stated that the new Lot 5 would include the future Building #4, which is proposed to be constructed in Phase III of the approved Master PUD, along with a small parking area. Lot 5 is located along Lexington Avenue. The proposed footprint of Building #4 has increased from the Master PUD approved in 2009. The submitted master site plan indicates ARDEN HILLS PLANNING COMMISSION – February 4, 2015 13 that this building would be 20,136 square feet in size, an increase of 2,136 square feet from the 2009 PUD approval. Associate Planner Bachler indicated that Wellington Management is requesting an amendment to the Master PUD to address the following items: • Account for the subdivision of Lot 3 within Arden Plaza into three separate lots. • Allow for the creation of a non-conforming parcel (Lot 4) that does not have frontage on a publicly dedicated street. • Include the proposed permanent outdoor seasonal sales area on Lot 4 within the Master Site Plan. • 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. • 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. Associate Planner Bachler reported that the submitted plans include a detailed 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 outdoor sales area is now located would be replaced with a four inch high concrete display curb. Fencing along the perimeter of the area would help define and separate the space from the adjacent parking and service areas. A six-foot tall ornamental fence is proposed along the north and east sides of the sales area and an eight-foot tall chain link fence on the south side. Associate Planner Bachler explained the CUP for the outdoor garden center use approved in 1997 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. Associate Planner Bachler 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. Associate Planner Bachler commented that when a PUD is comprised of multiple lots, it is often treated as one continuous development. The development as a whole would be expected to meet the landscaping, stormwater, and other similar requirements. For example, one property in the PUD may have 60 percent building coverage, but the development as a whole may not exceed 50 percent building coverage to maintain conformance with the underlying zoning district. In order to maintain shared amenities such as parking spaces, access drives, and stormwater ponds the development is required to create a legal entity to manage and maintain the shared facilities. ARDEN HILLS PLANNING COMMISSION – February 4, 2015 14 Land Use Plan: Site Data Commercial Mixed Use Existing Land Use: Retail/Commercial Zoning: B-2: General Business District Current Lot Sizes: 12.55 Acres (546,717) Topography: The elevation of the lot is lower than Lexington Avenue. There is a stormwater pond in the southeast corner of the property. Associate Planner Bachler reviewed the surrounding area, the Plan Evaluation, the Zoning Code Review and B-2 District Design Standards. Associate Planner Bachler provided the Findings of Fact for review: 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. 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 the 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. ARDEN HILLS PLANNING COMMISSION – February 4, 2015 15 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, 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. 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. Associate Planner Bachler stated that staff is generally supportive of the separate requests within Planning Case 15-002. The proposed subdivision should help with the marketing of the proposed Lot 5 for future development. While Lot 4 would not have frontage on a public street, the existing Reciprocal Easement Agreement for the development will guarantee access to Lot 4 in perpetuity. The amendment to the Master PUD to include an expanded and more permanent outdoor seasonal sales area for Frattallone’s Hardware will better define and formalize this activity within the development. Associate Planner Bachler indicated that staff does have concerns about certain site improvements that were scheduled to be finished during Phase I that have yet to be completed. Additionally, staff would recommend that the execution of the Final Plat be conditioned on the issuance of a Certificate of Occupancy for the building following the completion of the required demising wall between Lot 3 and Lot 4. These concerns are reflected in the recommended conditions of approval. If the Planning Commission votes to recommend approval of Planning Case 15-002, staff is recommending the following twenty-two (22) conditions of approval: ARDEN HILLS PLANNING COMMISSION – February 4, 2015 16 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. 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, and paving 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, and paving, 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. ARDEN HILLS PLANNING COMMISSION – February 4, 2015 17 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. No storage, displays, or sales shall be permitted outside of the outdoor seasonal sales area. Associate Planner Bachler reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table Chair Thompson opened the floor to Commissioner comments. Commissioner Bartel requested further information on the zero lot line setback. Associate Planner Bachler explained that lots are required to maintain certain rear, front, and side yard setbacks. He reviewed Section 1325 of the Zoning Code, noting the exception to the required side yard setback provided that a demising wall is used and if the adjacent buildings are constructed as an integral unit, as was the case with the Arden Plaza shopping center. Further discussion ensued regarding the property line, outdoor storage and future additions to the property. Commissioner Holewa questioned if the proposed eight-foot height of the fencing was at the applicant’s request. ARDEN HILLS PLANNING COMMISSION – February 4, 2015 18 Associate Planner Bachler stated that the applicant had requested an eight-foot chain link fence to be placed along the south side of the seasonal sales area. He reported that staff had concerns with the additional height and that it would be a chain link fence. Commissioner Bartel discussed the parking concerns on the Arden Plaza property and inquired if the proposed number of parking spaces was sufficient. Associate Planner Bachler reviewed the site plan with the Commission and commented that staff believed the proposed number of parking stalls was adequate. He reported that the exact parking needs for the future phases was uncertain at this time. Commissioner Zimmerman provided comment on how the parking and traffic from the future uses would impact this site. He questioned if the current traffic patterns would support the proposed use. Associate Planner Bachler noted that a traffic study was completed with the original PUD request. He commented that a similar amount of building space was being proposed for the site with the current PUD Amendment request. David Bergstrom, Wellington Management, provided comment on the zero lot line with regard to the shopping center. He noted that several parking spaces were lost on the site due to the Walgreens development. Commissioner Jones asked if any additional landscaping would be installed surrounding the seasonal sales area. Mr. Bergstrom explained that the seasonal sales area was a non-permeable surface at this time. He reported that the main focus of the PUD Amendment request was the proposed lot split. Tom Frattallone, Frattallone Hardware, discussed the design of the garden center with the Commission. He commented that a raised concrete area would surround this garden center in order to provide a platform for the fencing. He requested that Condition #22 be removed from the staff’s recommendation for approval. It was his opinion that this condition was holding his property to a higher standard than surrounding uses. Commissioner Holewa believed this was a reasonable request. Associate Planner Bachler supported amending the language within Condition #22 to allow for the continued use of the area under the canopy for outdoor display of merchandise. He was concerned about the outdoor sales continuing into the parking lot or service areas outside of the defined fenced-off garden center. Staff then discussed the requirements for outdoor storage in the B-2 Zoning District. Chair Thompson supported the outdoor storage for Frattallone’s remain in place as is. Chair Thompson opened the public hearing at 9:08 p.m. ARDEN HILLS PLANNING COMMISSION – February 4, 2015 19 Chair Thompson invited anyone for or against the application to come forward and make comment. There being no comment Chair Thompson closed the public hearing at 9:09 p.m. Commissioner Holewa asked if Wellington Management had any prospects for Lot 2. Mr. Bergstrom stated he was in negotiations with a business at this time. Commissioner Jones understood that the building was well screened and for this reason, he supported the outdoor storage. City Planner Streff reported that within the City Code, outdoor storage was only allowed as a conditional use in the I-2 district. Community Development Director Hutmacher stated if the Commission was in favor of allowing outdoor storage, staff could draft appropriate language. Chair Thompson was in favor of allowing outdoor storage on the south side of the building, so long as it did not extend into the parking lot. Commissioner Bartel believed that Frattallone’s was not interested in having outdoor storage along the front of their building, but rather the south side of the building. He discussed how the applicant was expanding their outdoor sales area on the site. Mr. Frattallone explained that he was not requesting any additional storage space than what has been used by his business for the past 17 years. Commissioner Zimmerman asked if bulk product would still be stored on the south side of the building. Mr. Frattallone stated bulk items would still be stored in this location. Commissioner Holewa was in favor of striking Condition #22. Chair Thompson agreed, but suggested that the Council make the final determination on this matter. Commissioner Holewa moved and Commissioner Jones seconded a motion to recommend approval of Planning Case 15-002 for a Preliminary and Final Plat, Planned Unit Development Amendment, and Conditional Use Permit Amendment at 3527-3557 Lexington Avenue North based on the findings of fact and the submitted plans, as amended by the twenty-one (21) conditions (striking condition #22) in the February 4, 2015, report to the Planning Commission, Commissioner Bartel asked how the property was altered by the Walgreens development. ARDEN HILLS PLANNING COMMISSION – February 4, 2015 20 Associate Planner Bachler discussed how the site was impacted by Walgreens. He noted that several parking spaces would be lost due to the expansion of the seasonal sales area, while several spaces on the north side of the retail center building would be retained through the PUD amendment. Commissioner Zimmerman stated that he could not support the removal of Condition #22 when this went against the City’s Zoning Code. Commissioner Holewa suggested that his motion be amended to reinstate Condition #22, with the word “no” deleted. Commissioner Holewa moved and Commissioner Jones seconded an amendment to reinstate Condition #22, with the word “no” deleted. Commissioner Zimmerman stated that the role of the Planning Commission was to uphold the City’s Zoning Code. Commissioner Holewa noted that the request before the Commission was a PUD, which allowed for some level of flexibility. Commissioner Jones stated that the applicant was only requesting to grandfather in a space for storage that was already being used for storing bulk items. Commissioner Bartel did not support the amendment. He suggested that the case be tabled to allow for the storage and parking issues to be further addressed by staff with the applicant. Community Development Director Hutmacher explained that this would allow for additional time for the staff to discuss the storage and parking concerns. She then discussed how tabling the matter would impact the applicant. If the Planning Commission chose to move forward with this item, she recommended Commissioner Holewa withdraw his original motion and friendly amendment, and that a new motion be made. Commissioner Holewa withdrew his motion and friendly amendment. Commissioner Holewa moved and Commissioner Jones seconded a motion to recommend approval of Planning Case 15-002 for a Preliminary and Final Plat, Planned Unit Development Amendment, and Conditional Use Permit Amendment at 3527-3557 Lexington Avenue North based on the findings of fact and the submitted plans, as amended by the twenty-two (22) conditions (noting only Lot 4 shall be allowed to have outdoor storage and sales) in the February 4, 2015, report to the Planning Commission, The motion carried 4-2 (Bartel and Zimmerman opposed). UNFINISHED AND NEW BUSINESS None. REPORTS ARDEN HILLS PLANNING COMMISSION – February 4, 2015 21 A. Planning Commission Comments and Requests Commissioner Jones discussed the size of the Planning Commission packet. He suggested that the packets be hand delivered by staff instead of sending them via US Mail as this would reduce postage costs. Chair Thompson stated she would be in favor of picking up her packet at City Hall as this would allow her to review the items in a more timely manner. Chair Thompson stated that the Planning Commission Work Session scheduled for this evening would be cancelled due to the late hour. She added that the discussion on the Planning Commission 2015 Work Plan would be moved to the Planning Commission Work Session on March 4th. B. Report from the City Council City Planner Streff updated the Planning Commission on City Council activities from their January 26, 2015, Regular Meeting. The City Council approved (5-0) Planning Case 14-032 for a Minor Subdivision, Lot Consolidation, and Variance at 4605 Prior Avenue and 4703 U.S. Highway 10. Approval of this case allows for the transfer of a 2,673 square foot portion of the Arden Manor property to the adjacent Big Ten Supper Club property. The Planning Commission reviewed Planning Case 14-032 on January 7, 2015, and recommended approval (5-1, Holewa). City Planner Streff stated that the City Council also approved (5-0) Planning Case 14-045 for a Site Plan Review requested by Frattallone’s Hardware for a reduction in the number of required parking spaces for their proposed office use at 1203 County Road E. The Planning Commission recommended approval (6-0) of this planning case on January 7, 2015. City Planner Streff explained that the City Council continued to discuss the draft TCAAP Redevelopment Code at their three January work session meetings. Discussions this past month have focused on Sections 6 and 7, which address site development and building design standards, and Section 3, which covers the administration of the Code. C. TCAAP Update Community Development Director Hutmacher reported the City Council has been continuing to meet weekly to discuss the TCAAP Redevelopment Code (TRC). The final draft of the TRC will be presented to the City Council at a work session on February 2, 2015. Over the past several weeks, the City has been working with its consultants to revise the draft land use map to reflect the Spine Road realignment and City Council direction regarding land uses. Key points to consider regarding the revised land use map are: • As additional data is developed, the exact acreage of development areas is fluctuating slightly. This affects the estimate of maximum residential units. Parcel sizes are expected to continue to fluctuate slightly until a final land use map is approved. • Please note that the size of development areas shown on the map excludes collector right- of-way. The size of districts/subzones on Table 1.0 below includes collector right-of-way since the City has defined gross density to include right-of-way. ARDEN HILLS PLANNING COMMISSION – February 4, 2015 22 • The Town Center and retail areas have been reconfigured to allow for parcel shapes and sizes that can be more easily developed. The Town Center retail area will be increased slightly in size to better accommodate retail uses. This will decrease the Town Center residential area by approximately 0.3 acres, which is not currently reflected on the draft land use map or Table 1.0. • The Town Center green space has been reshaped to allow a continuous green space from the retail area through the Town Center. Diagonal parking in front of the retail areas along the east/west connector would provide convenient parking for those businesses. • A legend will be added to the next draft, which provides labels for each of the land use categories. Community Development Director Hutmacher stated at a meeting on January 20, 2015, Ramsey County requested that the City delay its approval of the TRC and distribution of the TCAAP Comprehensive Plan Amendment for adjacent city and Metropolitan Council review until a “fit test” could be completed. The County’s stated purpose of the fit test is to: • See how the neighborhoods meet the City’s and County’s shared vision; • Offer the market a more complete view of the TRC; and • Add financial perspective for the TRC and County marketing efforts through a market study. Community Development Director Hutmacher indicated the City Council agreed to postpone its final approval of the TRC, but requested that the fit test not be initiated until the City Council had tentatively approved the TRC. Work on the fit study is expected to take up to 60 days following the City Council’s completion of work on the TRC. Ramsey County has offered to pay for this study. Community Development Director Hutmacher stated following presentation of the final draft TRC to the City Council on February 2, 2015, the City Council and staff will be working to schedule additional review meetings or workshops prior to the Council’s tentative approval of the document. Once the schedule is better defined, a longer-term schedule for the fit test and final approval will be compiled. Public hearings for the TRC and Comprehensive Plan Amendment will be scheduled following the completion of the fit study. D. Staff Comments Chair Thompson reported that since the February 18th Special Planning Commission meeting has been canceled and will be rescheduled at a later date, she requested the Commission members to email staff with any comments or questions on the draft TRC. Planning Commissioners are not to copy other members of the group with their comments. ADJOURN Commissioner Holewa moved, seconded by Commissioner Bartel, to adjourn the February 4, 2015, Planning Commission Meeting at 9:58 p.m. The motion carried unanimously (6-0). Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, MARCH 4, 2015 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Roberta Thompson called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Roberta Thompson, Commissioners Brent Bartel, Angela Hames, Andrew Holewa, Steven Jones, Phillip Neururer, and Clayton Zimmerman. Absent: None. Also present were: City Planner Ryan Streff and Associate Planner Matthew Bachler APPROVAL OF AGENDA – MARCH 4, 2015 Chair Thompson stated the agenda will stand as published. APPROVAL OF MINUTES February 4, 2015 – Planning Commission Regular Meeting Chair Thompson recommended this item be postponed to the April Planning Commission meeting. PLANNING CASES A. Planning Case 15-003; Site Plan Review & Variance – 4293 Lexington Avenue North – CSM Properties – No Public Hearing Required City Planner Streff stated that the applicant has requested a Site Plan Review and Variance in order to expand the parking lot area at 4293 Lexington Avenue North. A Site Plan Review is required for the parking lot modifications. A Variance is required to address the encroachment of the parking lot into the required five (5) foot setback. ARDEN HILLS PLANNING COMMISSION – March 4, 2015 2 City Planner Streff commented that CSM Corporation owns the Arden Hills Corporate Center, located north of the Boston Scientific Campus off of Lexington Avenue. The property at 4293 Lexington Avenue North is zoned I-1 Limited Industrial District. This property is generally positioned north of Cummings Park Drive, south of Cummings Park, east of Hamline Avenue, and west of Lexington Avenue. City Planner Streff explained that the applicant is proposing to construct an additional twenty- two (22) parking stalls to meet the needs of the existing tenant at 4293 Lexington Avenue North. The proposed stalls are located along the south side of the existing parking lot on this property. A Variance is required in this case because the proposed expansion would bring the parking lot area within 4 feet - 4 inches of the adjacent property line of 4255 Lexington Avenue North. The Zoning Code requires that parking areas including four or more spaces maintain a setback of five feet from adjacent properties. The CSM Corporation is also the owner of the property at 4255 Lexington Avenue North. Land Use Plan: Site Data I/O - Light Industrial and Office Existing Land Use: Mixed Use Industrial/Office Zoning: I-1 – Limited Industrial District Current Lot Sizes: 3.42 Acres Topography: Fairly Flat City Planner Streff reviewed the surrounding area, Plan Evaluation and the Variance Evaluation Criteria. City Planner Streff provided the Findings of Fact for review: General Findings 1. The property is located in the I-1 Limited Industrial Zoning District. 2. That a Site Plan Review is required in order to add or reconfigure parking areas on the site. 3. That a Variance is required in order to allow the encroachment of the new parking area within five (5) feet of an adjoining property line. 4. The properties at 4293 and 4255 Lexington Avenue North are owned by CSM Corporation. 5. The lot is 148,975 square feet in size with approximate dimensions of 655 feet in width, and 220 feet in depth. 6. The property currently consists of a principal building that has a footprint of 25,908 square feet and an accessory structure that is 1,745 square feet in size. 7. Access to the property is provided off of Cummings Park Drive. 8. The Zoning Code requires 210 parking spaces be provided on this property for Business and Professional Offices. 9. The parking lot currently contains 127 parking spaces. 10. After completion of the new parking lot area 149 parking spaces will exist. 11. The proposed lot coverage is within the zoning district requirements. Variance Findings: ARDEN HILLS PLANNING COMMISSION – March 4, 2015 3 12. The proposal is in harmony with the purpose and intent of the Zoning Ordinance as the Ordinance generally allows flexibility for unique situations when impacts to surrounding properties are minimized. 13. The proposal is consistent with the Arden Hills Comprehensive Plan as it allows the reasonable use of commercial or light industrial property. 14. The proposed variance would have no significant impact to the conditions of the site. 15. The proposed variance is unlikely to have negative impacts to the property or to the neighborhood as a whole. 16. The proposed variance does not appear to be based on economic considerations alone. City Planner Streff stated that the findings of fact for the Site Plan Review & Variance 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 & Variance, staff recommends the following four (4) conditions: 1. That the project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. That the applicant shall submit a financial surety in the amount of 125 percent of the estimated costs of all landscaping and trees 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 and tree requirements are 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. 3. That any newly created parking space or parking area shall meet the parking regulations stated in Section 1325.05 of the City Code. 4. 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 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table Chair Thompson opened the floor to Commissioner comments. Commissioner Zimmerman asked if a variance was granted to the property allowing for the existing parking shortfall. City Planner Streff commented that a PUD was created which allowed for the parking shortfall on this property. Commissioner Jones questioned if the parcel to the north was owned by the City. ARDEN HILLS PLANNING COMMISSION – March 4, 2015 4 City Planner Streff stated CSM owned this parcel. Commissioner Holewa moved and Commissioner Hames seconded a motion to recommend approval of Planning Case 15-003 for a Site Plan and Variance to expand the existing parking lot at 4293 Lexington Avenue North, based on the findings of fact and the submitted plans, as amended by the four (4) conditions in the March 4, 2015, report to the Planning Commission. The motion carried unanimously (7-0). B. Planning Case 15-004; Preliminary and Final Plat, Rezoning and Comprehensive Plan Amendment – 1941 & 1901 County Road E2 – Public Hearing City Planner Streff stated that the applicant is requesting approval of the Valentine Bluff redevelopment project for a Preliminary & Final Plat, Rezoning, and Comprehensive Plan Amendment for the property located at 1941 & 1901 County Road E2 in order to subdivide the two (2) parcels into seven (7) single-family lots. City Planner Streff explained that Landmark of Arden Hills has a purchase agreement with Bethel University for approximately 4.77 acres of land consisting of two contiguous parcels at 1941 and 1901 County Road E2. The property at 1941 County Road E2 is the site of the former Ramsey County library, which closed in December of 2010. The Minnesota Baptist Conference occupied the facility at 1901 County Road E2 for a number of years beginning in the early 1970s, but this structure is also currently vacant. The applicant is requesting approval for a project that would result in the redevelopment of both properties for seven (7) single-family homes. City Planner Streff commented that the property at 1941 County Road E2 is zoned R-1 Single Family Residential and is guided for Public Institutional uses in the City’s 2030 Comprehensive Plan. The adjacent property at 1901 County Road E2 is now zoned N-B Neighborhood Business and is also guided for Neighborhood Business uses in the Comprehensive Plan. The site is bordered to the north and east by a system of wetlands within Tony Schmidt Regional Park, managed by Ramsey County. Generally, the topography of the properties is relatively flat around where the existing structures are located, but slopes down more significantly along the northern and eastern edges of the site. Small wetland areas are present in the far northeast and southeast corners of the site and are currently protected by easements held by the Rice Creek Watershed District. The Ramsey County Parks and Recreation Department has a sixty-eight (68) foot wide easement across the western portion of the 1941 County Road E2 property for the purpose of a future trail connection through the wetland complex in Tony Schmidt Regional Park. City Planner Streff indicated that the site is approximately 4.77 gross acres in size and located near the intersection of New Brighton Road and County Road E2 and bordered by Tony Schmidt Regional Park to the north. The site is comprised of two contiguous parcels, both of which have existing structures on them that would be demolished as part of the project. Three separate driveways on County Road E2 currently provide access to the properties. After accounting for the right-of-way area that extends into County Road E2 and the flood plain/wetlands areas located on the site, 4.54 acres of net buildable area exists on the site. The applicant is requesting approval to subdivide the site into seven (7) single-family lots. In this case, the applicant is proposing four (4) driveways from County Road E2 in order to provide access to the residential lots. This is an increase of one (1) additional driveway from the existing conditions. Limiting driveways from ARDEN HILLS PLANNING COMMISSION – March 4, 2015 5 County Road E2 is accomplished by incorporating shared access from the County roadway for six of the proposed lots. The plans as submitted indicate that every other property would share an access with the neighboring property, except the easternmost lot would have its own individual access from County Road E2. City Planner Streff stated that in addition to the Preliminary & Final Plat for the subdivision, a rezoning and Comprehensive Plan amendment are being requested. Both properties would be rezoned to the R-2 Single and Two Family Residential District. In order to rezone the properties, the City’s 2030 Comprehensive Plan needs to be amended to reflect the new Very Low Density Residential land use for the site. Planning Case 15-004 includes three (3) requests: 1. Preliminary & Final Plat. 2. Rezoning to amend the zoning designation for 1941 County Road E2 and 1901 County Road E2 to R-2 Single and Two Family Residential District. 3. Comprehensive Plan Amendment to amend the 2030 Future Land Use Map to classify 1941 and 1901 County Road E2 as Very Low Density Residential land use. Future Land Use Plan: Site Data Existing: 1941 County Road E2 W – P/I Public Institutional; Proposed: VLDR Very Low Density Residential Existing: 1901 County Road E2 W – NB Neighborhood Business; Proposed: VLDR Very Low Density Residential Existing Land Use: Existing: 1941 County Road E2 W – P/I Public Institutional; Proposed: SFD Single Family Detached Existing: 1901 County Road E2 W – NB Neighborhood Business; Proposed: SFD Single Family Detached Zoning: Existing: 1941 County Road E2 W – R1 Single Family Residential; Proposed: R2 Residential Existing: 1901 County Road E2 W – NB Neighborhood Business; Proposed: R2 Residential Current Lot Sizes: 4.77 Acres (Both Lots Gross Area) Topography: The lots when combined are wooded along the north, east and west sides and slopes approximate 22 feet downward toward the wetland complex in Tony Schmidt Regional Park along the northern part of the property. City Planner Streff reviewed the surrounding area, the Plan Evaluation, and the Traffic Study. City Planner Streff provided the Findings of Fact for review: General Findings: 1. The proposed Valentine Bluff subdivision is comprised of 4.77 acres. 2. The proposed Valentine Bluff subdivision property located at 1941 County Road E2 is currently zoned R-1 Single Family Residential and the property located at 1901 County Road E2 is currently zoned N-B Neighborhood Business. 3. The Valentine Bluff subdivision is proposed as R-2 Single & Two Family Residential. 4. The R-2 Single & Two Family Residential District permits up to five (5) units per acre. 5. The proposed Valentine Bluff development is proposed at 1.54 units per acre. ARDEN HILLS PLANNING COMMISSION – March 4, 2015 6 6. The Valentine Bluff subdivision property currently has the land use designations of Public & Institutional and Neighborhood Business in the City’s 2030 Comprehensive Plan. 7. The applicant is proposing to re-plat the property into seven (7) single-family lots. 8. The applicant is proposing to construct seven (7) single-family homes. 9. No new streets will be constructed as a result of this development. 10. The proposed development requires park dedication. 11. The park dedication requirement for this application is six percent of the land in dedication or a fee of six percent of the purchased price or some combination thereof. The current purchase agreement between Landmark of Arden Hills, LLC (Developer/Purchaser), and Bethel University (Owner/Seller) indicates a purchase price of $856,000 for the two properties. Based on the purchase price the park dedication if paid in a fee would be $51,360. 12. As currently designed the proposed plan is not in conformance with the City’s 2030 Comprehensive Plan in regards to the land use classifications; the property at 1941 County Road E2 is guided for Public & Institutional and the property at 1901 County Road E2 is guided for Neighborhood Business. 13. The development plan would require that both properties be re-zoned to R-2 Single & Two Family Residential District and designated in the Comprehensive Plan as Very Low Density Residential. Comprehensive Plan Amendment Findings: 14. The applicant is proposing to amend the City’s Comprehensive Plan to re-designate the land use classifications at 1941 & 1901 County Road E2 to Very Low Density Residential in order to permit a density of 1.5 to 3 units per net acre. 15. The development will built at approximately 1.54 units per acre. 16. The proposed land use designation of Very Low Density Residential would be compatible with the adjacent land uses. 17. The proposed redevelopment is a permitted use in the R-2 Residential District. 18. The proposed CPA would advance the City’s goal to promote the development properties that are in keeping with the character of existing and established neighborhoods within the City. 19. The City staff has been in contact with the staff at the Metropolitan Council regarding the proposed development and they have indicated their support for the proposed CPA. City Planner Streff stated that based on the submitted plans and findings of fact, staff recommends approval of Planning Case 15-004 for a Preliminary & Final Plat, Rezoning, and Comprehensive Plan Amendment for the Valentine Bluff redevelopment project located at 1941 & 1901 County Road E2. If the Planning Commission recommends approval of this request, staff recommends that the following twenty (20) conditions be included with the approval: 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 execution of the Final Plat shall be contingent upon the Metropolitan Council’s approval of the Comprehensive Plan Amendment. ARDEN HILLS PLANNING COMMISSION – March 4, 2015 7 3. That the development agreement shall be prepared by the City Attorney and subject to City Council approval. The development agreement shall be executed prior to execution of the Final Plat. 4. That the Developer shall submit a park dedication, subject to the approval of the City Council, equal to six percent ($51,360) of the total land area, which is currently under a purchase agreement for $856,000. The City shall use the park dedication to expand the City’s parks, trails, and recreation system. 5. That the Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of site improvements including grading, utilities, retaining walls, stormwater filtration systems, and driveway openings, 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 Development Agreement. 6. That the Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of site improvements including grading, utilities, retaining walls, stormwater filtration systems, and driveway openings, 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. 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. 8. 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. 9. That the proposed project may require permits, including, but not limited to, MPCA- NPDES, Rice Creek Watershed District, Minnesota Department of Health, MPCA- Sanitary 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 building permits. 10. That the final plans shall be subject to approval by the Fire Marshal prior to the issuance of a building permit. 11. That the final grading, drainage, and utility plans shall be subject to approval by the City Engineer prior to the commencement of any construction on the site. 12. 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. 13. Sanitary sewer and water shall be accepted by the City and ready for hookup prior to the issuance of any building permits. 14. That the application shall be required to meet the requirements as outlined in the memo from the City Engineer dated 2/19/15. 15. That all landscaping materials shall be put in place as the approved grading plan is completed with the exception of the required three front yard trees, which shall be the responsibility of the applicant to install at the time each house is constructed. ARDEN HILLS PLANNING COMMISSION – March 4, 2015 8 16. That the maintenance agreement between the RCWD and the developer for the stormwater filtration system shall be provided to the City before the issuance of any development permit. 17. That the RCWD Easements on Lot 7 shall be revised to reflect the flood plain limits or provided in writing to indicated that an encroachment is permitted into the easements held by the RCWD. The easement revision or encroachment permit shall be provided to the City and approved by the City Attorney prior to the execution of the final plat. 18. Driveway easements providing for cross access and maintenance agreements shall be submitted to the City and approved by the City Attorney and recorded by the Developer prior to the execution of the final plat. 19. That the western driveway between Lot 1 and 2 across from New Brighton Road shall be realigned to reduce the intersection/driveway skew. The plan for this realignment shall be approved by the City Engineer. 20. The applicant shall conform to all other City regulations. City Planner Streff reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table Chair Thompson opened the floor to Commissioner comments. Commissioner Holewa asked if staff had input on the location of the tree plantings. City Planner Streff commented that staff did not provide input on the location of tree plantings, and understood that the applicant was trying to create a buffer along the south property line. Dean Hanson, Hanson Builders, introduced himself and his company to the Planning Commission. He commented that his company has been in business since 1979 and completed approximately 75 homes upscale homes each year. He provided comment on the neighborhoods he has constructed throughout the metro area. He believed that this would be a special development with signature homes with a price range of $750,000-950,000. Mr. Hanson discussed the lot size and noted all seven lots conformed with Arden Hills requirements. He stated that of the 98 significant trees on the site, 67 of them would be saved. He reported that each lot would also be irrigated and well landscaped. He explained how the existing hard surface would be reduced on the site, which would improve the water quality for the area. He explained that each home would be energy efficient. He noted the Home Energy Rating System score on his homes ranged from 46 to 56. Mr. Hanson provided comment on the active radon emission systems that come standard with each home. He then reviewed the traffic study and the proposed driveway alignment along County Road E2. He requested that the Planning Commission remove Condition #19 requiring that the driveway between Lot 1 and Lot 2 be aligned with New Brighton Road. He also asked that there be no striping of New Brighton Road. ARDEN HILLS PLANNING COMMISSION – March 4, 2015 9 Mr. Hanson requested the Planning Commission allow him one early building permit to start on a model home. He provided a summary of the public benefits on his proposed development. City Planner Streff stated that the construction of a model home would be handled within the Development Agreement. Commissioner Holewa questioned if Mr. Hanson had considered using solar panels on the seven homes. Mr. Hanson commented that there was little or no return on solar panels because his homes were built so efficiently. Commissioner Zimmerman asked if there would be a homeowners association. Mr. Hanson indicated there would not be a homeowners association as each property was completely autonomous. Commissioner Hames inquired if the developer had any responsibility regarding the trail. City Planner Streff indicated this trail would be completed and maintained by the County. Commissioner Jones suggested that the entrance pillars and gates on each lot be lit. Chair Thompson opened the public hearing at 7:29 p.m. Chair Thompson invited anyone for or against the application to come forward and make comment. Jason Schmidt, 3778 Brighton Way North, recommended that a stop sign be considered at County Road E2 and New Brighton Road. Christine Polter, 1870 Indian Place, noted she was a 35 year resident of Arden Hills. She commented that she was very interested in building one of the proposed signature homes. She expressed concern with how the crosswalks would be addressed by the City. There being no additional comment Chair Thompson closed the public hearing at 7:31 p.m. Commissioner Bartel commented that he was very impressed with the proposed project. He recommended that staff investigate the trail crossing more closely to ensure the intersection of County Road E2 and New Brighton Road remains safe for both vehicle and pedestrian traffic. Commissioner Neururer suggested that the speed limit along County Road E2 be reduced given the new residential homes that would be added. City Planner Streff indicated he would bring this comment to Public Works Director Maurer. Commissioner Holewa moved and Commissioner Hames seconded a motion to recommend approval of Planning Case 15-004 for a Preliminary & Final Plat, Rezoning and ARDEN HILLS PLANNING COMMISSION – March 4, 2015 10 Comprehensive Plan Amendment to subdivide the property into seven (7) single-family lots at 1941 & 1901 County Road E2 based on the findings of fact and the submitted plans, as amended by the nineteen (19) conditions (omitting Condition 19) in the March 4, 2015, report to the Planning Commission. The motion carried unanimously (7-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Planning Commission Comments and Requests None. B. Report from the City Council Associate Planner Bachler updated the Planning Commission on the February 23, 2015, City Council Regular Meeting, noting that the City Council approved (3-0) Planning Case 14-036 for a Master & Final Planned Unit Development (PUD) and Conditional Use Permit (CUP) for the Red Fox Business Center project at 1235 Red Fox Road. In this case, the applicant obtained approval to construct two (2) multi-tenant light industrial buildings. The Planning Commission reviewed Planning Case 14-036 on February 4, 2015, and recommended approval (6-0). The City Council also approved (3-0) Planning Case 15-001 for a Preliminary Plat, Final Plat, and Planned Unit Development Amendment at 4100 Hamline Avenue North. This case permitted the subdivision of the Boston Scientific Campus into two separate parcels. The Planning Commission recommended approval (6-0) of this planning case on February 4, 2015. The City Council voted to table (3-0) Planning Case 15-002 for a Preliminary Plat, Planned Unit Development Amendment, and Conditional Use Permit Amendment at 3527-3557 Lexington Avenue North. This case was tabled to the March 9, 2015, City Council meeting so that additional information can be obtained on the Frattallone’s business plan related to the request for outdoor storage. The Planning Commission recommended approval (4-2, Zimmerman and Bartel) of this planning case on February 4, 2015. Chair Thompson was interested to see how the Council addressed the outdoor storage situation at Frattallone’s. Commissioner Holewa commented that Frattallone’s Ace Hardware has been in operation for many years in the City and he hoped that their garden center operation would be able to remain in place. C. TCAAP Update Associate Planner Bachler reported that the City Council reviewed the TCAAP Redevelopment Code (TRC) at a special Work Session on Tuesday, February 24, 2015. The City Council made ARDEN HILLS PLANNING COMMISSION – March 4, 2015 11 final changes to the document and authorized staff to move forward with the “Fit Test” proposed by Ramsey County. Based on discussions with Ramsey County and Kimley-Horn, staff understands that the fit test will be primarily comprised of two components: 1. An analysis of what could be built based on the current market, recent residential developments, and the requirements of the draft TCAAP Redevelopment Code (TRC). 2. An analysis of what could be built that would meet the City Council’s vision for TCAAP, but that would need additional flexibility from zoning regulations in the draft TRC. Initial findings of the fit test are tentatively scheduled to be presented to the City Council on March 30, 2015. Staff anticipates that the City Council will give final approval of the TRC and authorize submittal of the TCAAP Comprehensive Plan Amendment for adjacent city and Metropolitan Council review in May 2015. D. Staff Comments None. ADJOURN Commissioner Holewa moved, seconded by Commissioner Zimmerman, to adjourn the March 4, 2015, Planning Commission Meeting at 7:52 p.m. The motion carried unanimously (7-0). Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WORK SESSION WEDNESDAY, MARCH 4, 2015 ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Roberta Thompson called to order the work session meeting at 7:55 p.m. ROLL CALL Present were: Chair Roberta Thompson, Commissioners Brent Bartel, Angela Hames, Andrew Holewa, Steven Jones, Phillip Neururer, and Clayton Zimmerman. Absent: None. Also present were: City Planner Ryan Streff and Associate Planner Matthew Bachler. APPROVAL OF AGENDA – MARCH 4, 2015 The Agenda was approved as presented. DISCUSSION ITEMS A. 2015 Work Plan Review City Planner Streff stated that the City Council will be asking the Planning Commission to join them for a joint work session on March 16th to discuss the work plan for 2015. To assist in that discussion, staff would like the Planning Commission to provide input on topics that might be addressed at this meeting. While the Council will make the final determination as to the goals and priorities for the coming year, it will be useful for them to have input from the Planning Commission. City Planner Streff explained that the Planning Commission differs from the City’s other committees and commissions in that the purpose and scope of the Commission’s work is largely determined by State Statute. The majority of the Planning Commission work plan is dedicated to continuing the work of evaluating and providing recommendations on land use applications, zoning code amendments, and other planning related items that come before the City. ARDEN HILLS PLANNING COMMISSION WORK SESSION – MARCH 4, 2015 2 City Planner Streff indicated that the League of MN Cities offers an e-learning land use series as part of their loss control program. All of the Planning Commissioners were signed up to participate and have completed the required coursework. The League, which provides liability insurance to Arden Hills, has found that cities that have Commissioners and Councilmembers who are educated about land use law and make sound rulings are less likely to be sued, or to lose lawsuits when they are filed. The website-based training is designed to make land use decisions less confusing, and will help cities avoid expensive land use claims and lawsuits. City Planner Streff explained that the joint work session to discuss the draft 2015 Work Plan with the City Council will be held at 5:00 on March 16, 2015, at City Hall. Chair Thompson opened the floor to Commission questions. Chair Thompson noted that she would be attending the joint meeting. Commissioner Holewa wanted to see the work plan have the Planning Commission review the City Code versus the TCAAP Redevelopment Code (TRC) and to evaluate where the codes differ. City Planner Streff provided comment on the City’s current zoning code and the TRC. Commissioner Hames was in favor of reviewing the sign code and requested staff have a list of recent sign issues that have been addressed by the Planning Commission. She thanked staff for their assistance and preparation before each meeting. Commissioner Hames was in favor of reviewing the minimum parking requirements in the Zoning Code and evaluating whether these requirements were appropriate. Commissioner Holewa stated that the work plan of 2015 is pretty full and recommended that parking be placed on the 2016 work plan. Chair Thompson agreed. Commissioner Jones discussed the traffic issues that may result on area roadways due to the redevelopment of the TCAAP site. ADJOURN Commissioner Holewa moved, seconded by Commissioner Zimmerman, to adjourn the March 4, 2015, Planning Commission Work Session Meeting at 8:15 p.m. The motion carried unanimously (7-0). MEMORANDUM DATE: April 8, 2015 PC Agenda Item 3.A TO: Planning Commission FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #15-006 - Public Hearing Required Applicant: Big Ten Supper Club Property Location: 4703 U.S. Highway 10 Request: Conditional Use Permit – Deck Addition and Existing Restaurant Use Requested Action The Big Ten Supper Club has requested a Conditional Use Permit (CUP) for a proposed deck addition to the existing restaurant building located at 4703 U.S. Highway 10. The requested CUP would also encompass the existing restaurant on the property. Background The Big Ten Supper Club has operated on the property at 4703 U.S. Highway 10 since 1959. The property was rezoned in 2000 from B-2 - General Business District to NB - Neighborhood Business District. As a result of the rezoning, the existing restaurant use became a legal nonconforming use under the Zoning Code because it operates without a CUP, which is required for all restaurant uses in the NB District. The Zoning Code states that nonconforming uses may continue, however, they cannot be expanded. In this case, a CUP is required for the deck addition to bring the property into compliance with the CUP requirements of the Zoning Code. 1. Overview of Request The Big Ten Supper Club is requesting a CUP for a deck addition measuring 18 feet by 18 feet, a total area of 324 square feet, which would be located on the northwest side of the existing restaurant building. The purpose of the deck addition is to provide outdoor seating to accommodate approximately 20 seats. Access to the seating area would be provided through a set of double doors that will be constructed along the north building wall. A 42 inch high railing ______________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 8, 2015 P:\Planning\Planning Cases\2015\PC 15-006 - Big Ten Bar and Grill - CUP and Site Plan Review\Memos_15-006 Page 1 of 8 will be used for security and to separate the outdoor seating area from traffic in the parking lot. The deck would be constructed on the existing parking lot surface and would not increase the impervious coverage on the property. The requested CUP would also encompass the existing restaurant use on the property. The property is considered to be legal nonconforming under the Zoning Code because it operates without a CUP, which is required for all restaurant uses in the NB District. A CUP is being requested to bring the property into compliance with the Zoning Code. The applicant has submitted a Site Plan of the property that indicates the location of the proposed deck addition. Preliminary construction drawings for the deck have also been provided. These items are included in Attachments C and D. 2. Surrounding Area Direction Future Land Use Plan Zoning Existing Land Use North Medium Density Residential R-3 Townhouse & Low Density Multiple Dwelling District Manufactured Home Park South Medium Density Residential R-3 Townhouse & Low Density Multiple Dwelling District Manufactured Home Park East Mixed Business M-B Mixed Business Public and Institutional West Medium Density Residential R-3 Townhouse & Low Density Multiple Dwelling District Manufactured Home Park 3. Site Data Future Land Use Plan: Neighborhood Business Existing Land Use: Neighborhood Business Zoning: NB – Neighborhood Business District Size: 1.09 acres (47,622 square feet) Topography: Relatively Flat ______________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 8, 2015 P:\Planning\Planning Cases\2015\PC 15-006 - Big Ten Bar and Grill - CUP and Site Plan Review\Memos_15-006 Page 2 of 8 Plan Evaluation 1. Zoning Regulations A. Special Requirements for the Neighborhood Business District – Section 1320.08 The Special Requirements for the NB District within the Zoning Code require that the CUP review procedure be followed for all development that involves new building construction, modification of a building’s exterior, or modification of the site. The proposed deck addition is considered to be a modification to the exterior of the existing restaurant and, therefore, the CUP review procedure is required in this case. Restaurant uses are allowed in the NB District only after the approval of a CUP. No CUP has been issued by the City for the existing restaurant on the property. The Big Ten Supper Club property was rezoned in 2000 from B-2 - General Business District, which does permit restaurant uses without CUP approval. As a result, the existing restaurant is now considered to be a legal nonconforming use. Section 1350 of the Zoning Code regulates nonconforming uses and buildings. Restrictions are placed on the expansion of legal nonconforming uses but the Zoning Code does permit their continuance through repair, replacement, restoration, maintenance or improvement. The proposed deck addition would be an expansion of the nonconforming use. A CUP is being requested for the property as a whole so that it can come into conformance with the NB District requirements for restaurant uses. B. Lot Size, Structure Coverage, and Landscaping The minimum lot size requirement for the NB District is 13,000 square feet. The property at 4703 U.S. Highway 10 is 47,622 square feet in size. A minor subdivision and lot consolidation was recently approved by the City in Planning Case 14-031 that will increase the area of the property to 50,295 square feet. The maximum structure coverage in the NB District is 35 percent. The principal building has a footprint of 4,806 and currently covers 10.1 percent of the lot. With the addition of the proposed deck, structure coverage would increase to 5,130 square feet, or 10.8 percent of the lot. The property is also subject to special requirements for the NB District, which state that restaurants shall not exceed 3,000 gross square feet in size. The proposed deck addition would not increase the gross square foot area of the restaurant. Gross square footage does not include areas such as uncovered decks or patios. Properties in the NB District are required to maintain minimum landscape coverage of 35 percent. The existing landscaped area on the lot is 6,710 square feet, or 14.1 percent of the total ______________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 8, 2015 P:\Planning\Planning Cases\2015\PC 15-006 - Big Ten Bar and Grill - CUP and Site Plan Review\Memos_15-006 Page 3 of 8 lot area. The proposed deck would be constructed on an existing parking lot surface and would not decrease the landscape coverage on the property. C. Structure Setbacks The existing building on the property is in conformance with the setback requirements for principal structures. The deck addition would not expand the existing structure closer to a property line other than towards the northwest side property line. With the addition of the deck, the structure would be located 83.4 feet from the northwest side property line. Principal structures in the NB District must maintain a minimum side yard setback of 5 feet. D. Requirements for Parking, Loading, and Circulation Section 1325.06 of the Zoning Code states that restaurants must provide one off-street parking stall for every two seats. Currently, the Big Ten Supper Club has a total of 156 seats. With the addition of the outdoor seating on the deck, this number is expected to increase to 176 seats. Based on the Zoning Code requirements, 88 stalls would need to be provided. The Site Plan provided by the applicant shows 64 stalls striped on the parking lot. The applicant has also submitted a proof of parking plan (Attachment E), which indicates that 84 stalls could be accommodated on the site. As a condition of approval, staff is recommending that the parking lot be restriped to include the 84 stalls as shown on the proof of parking plan. Existing and Proposed Lot Coverage Existing Conditions Proposed Conditions Square Feet Percentage Square Feet Percentage Lot Area (min. 13,000 sq. ft.) 47,622 - 47,622 - Structure Coverage (max 35%) 4,806 10.1% 5,130 10.8% Landscape Coverage (min 35%) 6,710 14.1% 6,710 14.1% Proposed Setbacks Required (NB District) Existing Proposed Front Yard 20’ 85.5’ 85.5’ Rear Yard 20’ 40.2’ 40.2’ Northwest Side Yard 5’/15’ (min/total both side yards) 88.3’ 83.4’ Southeast Side Yard 5’/15’ (min/total both side yards) 71.9’ 71.9’ ______________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 8, 2015 P:\Planning\Planning Cases\2015\PC 15-006 - Big Ten Bar and Grill - CUP and Site Plan Review\Memos_15-006 Page 4 of 8 The construction of the deck would result in the loss of two designated handicap parking stalls in front of the restaurant. Staff is recommending as a condition of approval that when the lot is restriped that handicap stalls be provided on the property consistent with ADA parking requirements. 2. Conditional Use Permit Evaluation Criteria – Section 1355.04 Subd 3 Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit. The Planning Commission and City Council should consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics 3. Drainage 4. Population density 5. Visual and land use compatibility with uses and structures on surrounding land 6. Adjoining land values 7. Park dedications where applicable 8. Orderly development of the neighborhood and the City within the general purpose and intent of the Zoning Code and the Comprehensive Development Plan for the City. The Planning Commission and City Council may place conditions on a permit if deemed necessary to protect the health, safety, and general welfare of the community. Conditional Use Permits are granted for a specific use at a specific site and are not transferable. 3. Additional Review City Building Official The City Building Official reviewed the preliminary construction drawings provided by the applicant. He has noted that the final plans will need to provide proper clearance for access on and off the deck and that the deck will need to comply with the Minnesota State Code for accessibility. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: ______________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 8, 2015 P:\Planning\Planning Cases\2015\PC 15-006 - Big Ten Bar and Grill - CUP and Site Plan Review\Memos_15-006 Page 5 of 8 1. The property at 4703 U.S. Highway 10 is located in the NB District. 2. The Special Requirements for the NB District require that the Conditional Use Permit review procedure be followed for all development that involves new building construction, modification of a building’s exterior, or modification of the site. 3. The proposed deck addition is considered to be a modification to the exterior of the existing restaurant and the Conditional Use Permit review procedure is required. 4. The property is considered to be legal nonconforming because it operates without a Conditional Use Permit, which is required for all restaurant uses in the NB District. 5. A Conditional Use Permit for the restaurant use is being requested to bring the property into compliance with the Zoning Code. 6. Restaurants in the NB District shall not exceed 3,000 gross square feet in size. 7. The existing restaurant is 4,806 gross square feet in size. 8. The proposed deck addition would not increase the gross square footage of the restaurant. Gross square footage does not include areas such as uncovered decks or patios. 9. Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists criteria for evaluating a Conditional Use Permit. 10. The proposal will have limited impacts on existing and anticipated traffic and parking conditions. 11. The proposal will have limited impacts on noise. 12. The proposal will not affect glare, odors, vibration, smoke, dust, air pollution, heat, liquid and solid waste on the property. 13. The proposal will not affect drainage on the property. 14. The proposal will not affect the population density on the property. 15. The proposal is unlikely to significantly affect land values on the subject property or on neighboring properties. 16. The park dedication requirement does not apply in this case. 17. 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. Staff Recommendation Based on the submitted plans and findings of fact, staff recommends approval of Planning Case 15-006 for a Conditional Use Permit at 4703 U.S. Highway 10 for the existing restaurant use and the proposed deck addition. Staff recommends the following nine (9) conditions to be included with the approval: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. ______________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 8, 2015 P:\Planning\Planning Cases\2015\PC 15-006 - Big Ten Bar and Grill - CUP and Site Plan Review\Memos_15-006 Page 6 of 8 2. Prior to the issuance of a building permit, the property owner shall file all necessary paperwork with the City Clerk to update their existing liquor license to include the outside seating area. 3. A building permit shall be required prior to any construction on site. 4. The final construction plans for the deck shall comply with the Minnesota State Code for accessibility. 5. The property owner shall restripe the parking lot to provide the 84 parking stalls as shown on the proof of parking plan provided. 6. Handicap stalls shall be provided on the property consistent with ADA requirements. 7. A barrier shall be maintained around the outside seating area to protect patrons from any hazards, including vehicular traffic and parking areas. 8. The City Council reserves the right to revoke its permission for the outside seating area if the impact of the outside seating area on adjoining property is inconsistent with the reasonable use and enjoyment of adjoining property or inconsistent with the health, safety, morals, and general welfare of the adjoining neighbors or community. 9. The property owner shall apply for a Conditional Use Permit Amendment for any development that involves new building construction, modification of the building’s exterior, or modification of the site. Options 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 15-006 for a Conditional Use Permit at 4703 U.S. Highway 10 for the existing restaurant use and the proposed deck addition, based on the findings of fact and the submitted plans as amended by the nine (9) conditions in the April 8, 2015, Report to the Planning Commission. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 15- 006 for a Conditional Use Permit at 4703 U.S. Highway 10 for the existing restaurant use and the proposed deck addition, based on the findings of fact and the submitted plans in the April 8, 2015, Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 15-006 for a Conditional Use Permit at 4703 U.S. Highway 10 for the existing restaurant use and the proposed deck addition, based on the following findings of fact: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 15-006 for a Conditional Use Permit at 4703 U.S. Highway 10 for the existing restaurant use and the proposed deck addition in order to gather the following information: a specific reason and/or information request should be included with a motion to table. ______________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 8, 2015 P:\Planning\Planning Cases\2015\PC 15-006 - Big Ten Bar and Grill - CUP and Site Plan Review\Memos_15-006 Page 7 of 8 Notice Notice was published in the Arden Hills/Shoreview Bulletin and notice was prepared by the City and mailed to properties within five hundred (500) feet of the subject property. Public Comments Staff has not received any comments from the public regarding this planning case. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on March 13, 2015. Pursuant to Minnesota State Statute, the City must act on this request by May 12, 2015 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Attachments A. Land Use Application and Supporting Materials B. Site Map and Aerial Map C. Site Plan D. Deck Construction Plans E. Proof of Parking Plan F. Site Photos ______________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 8, 2015 P:\Planning\Planning Cases\2015\PC 15-006 - Big Ten Bar and Grill - CUP and Site Plan Review\Memos_15-006 Page 8 of 8 Th i s m a p i s a u s e r g e n e r a t e d s t a t i c o u t p u t f r o m a n I n t e r n e t m a p p i n g s i t e a n d is f o r r e f e r e n c e o n l y . D a t a l a y e r s t h a t a p p e a r o n t h i s m a p m a y o r m a y n o t b e ac c u r a t e , c u r r e n t , o r o t h e r w i s e r e l i a b l e . © R a m s e y C o u n t y E n t e r p r i s e G I S 60 0 . 0 TH I S M A P I S N O T T O B E U S E D F O R N A V I G A T I O N NA D _ 1 9 8 3 _ H A R N _ A d j _ M N _ R a m s e y _ F e e t Fe e t 60 0 . 0 0 3 0 0 . 0 0 47 0 3 U . S . H i g h w a y 1 0 3,600 1: 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 200.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION NAD_1983_HARN_Adj_MN_Ramsey_Feet Feet200.00100.00 4703 U.S. Highway 10 1,2001: T R U N K H I G H W A Y N O . 1 0 S E R V I C E R O A D O F S W 1 / 4 PRIOR AVENUE NORTH 1/ 2 O F S W 1 / S W 1 / 4 3 / 1 2 / 1 5 1 o f 1 L E G A L D E S C R I P T I O N F O R B I G T E N S U P P E R C L U B : Planning Case 15-006 – 4703 U.S. Highway 10 – Conditional Use Permit Proposed deck would be attached to northwest building wall. Access would be provided through a set of double doors. View of proposed deck location looking to the west. Deck would extend 18 feet into parking lot from the building wall. View looking north and west from the Big Ten Supper Club parking lot. View of the Big Ten Supper Club looking south and east from the Arden Manor Mobile Home Park. City of Arden Hills Planning Commission Meeting for April 8, 2015 P:\Planning\Planning Cases\2015\PC 15-007 - City Code Amendments - Zoning, Subdivision, and Erosion Control\Memo_Reports_15-007 Page 1 of 4 MEMORANDUM DATE: April 8, 2015 PC Agenda Item 3.B TO: Planning Commission FROM: Ryan Streff, City Planner John Anderson, Assistant City Engineer SUBJECT: Planning Case #15-007 – Public Hearing Required Applicant: City of Arden Hills Request: Text Amendments - Erosion and Sediment Control Ordinance, Zoning Code Ordinance, and Subdivision Ordinance Requested Action 1) Approve Ordinance Number 2015-001 for amendments to Section 1510.01 and Section 1520.01 of the Erosion and Sediment Control Ordinance. 2) Approve Ordinance Number 2015-002 for an amendment to Section 1325.05 of the Zoning Code Ordinance. 3) Approve Ordinance Number 2015-003 for an amendment to Section 1140.08 of the Subdivision Ordinance. Background The proposed amendments to the Arden Hills City Code being requested in Planning Case 15- 007 are required in order to comply with the Federal Clean Water Act and the State General Stormwater Discharge Permit. These changes to the City Code are required so that certain land disturbing activities meet the standards as set forth in the Rice Creek Watershed District rules and regulations. The rules and regulations that have been adopted by the Rice Creek Watershed District meet the Federal and State requirements and the proposed amendments would adopt these rules and regulations as part of the City of Arden Hills Code of Ordinances. The changes as proposed were recommended by the engineering consultant hired to review the City Code and propose changes that would put the City into compliance with Federal and State rules and regulations. City of Arden Hills Planning Commission Meeting for April 8, 2015 P:\Planning\Planning Cases\2015\PC 15-007 - City Code Amendments - Zoning, Subdivision, and Erosion Control\Memo_Reports_15-007 Page 2 of 4 Summary of Proposed Ordinance Amendments and Additions Ordinance Amendment 2015-001(Attachment A) 1) Amend the Erosion and Sediment Control Ordinance Section 1510.01 Definitions, by amending the definition of Land Disturbance Activity, to state “Additions or modifications to existing single-family dwellings or accessory structures that will result in creating under 2,500 square feet of exposed soil and/or impervious surface and less than 50 cubic yards in a shoreland area”. 2) Amend the Erosion and Sediment Control Ordinance Section 1520.01 Erosion and Sediment Control Plan Subd. 4 Plan Content, to include an additional item O, which states “A land disturbance activity equal to or greater than one (1) acre is required to comply with the conditions of the NPDES/SDS Construction Stormwater General Permit, Part IV – Construction Activity Requirements”. Ordinance Amendment 2015-002(Attachment B) 1) Amend the Subdivision Ordinance Section 1140 to include Section 1140.08 Stormwater Management, to reference the adopted rules by the Rice Creek Watershed District, which states “Stormwater management plans shall comply with Rule C: Stormwater Management Plans of the Rice Creek Watershed District Rules”. Ordinance Amendment 2015-003(Attachment C) 1) Amend the Zoning Code Ordinance Section 1325.05 Design Standards Subd. 8 Additional Design Standards for the B2 and B3 Districts, to amend item R. Drainage/Water Management Plan, to reference the adopted rules by the Rice Creek Watershed District, which states “Stormwater management plans shall comply with Rule C: Stormwater Management Plans of the Rice Creek Watershed District Rules”. 6. Additional Review A. City Attorney The proposed language amending the City Code and the procedures for making these ordinance changes have been reviewed by the City Attorney. B. Public Works Director & City Engineer The Public Works Director and City Engineer are responsible for compliance with the State of Minnesota NPDES-MS4 permit and recommend approval of the ordinance amendments so that the City can comply with the required Federal and State rules and regulations. City of Arden Hills Planning Commission Meeting for April 8, 2015 P:\Planning\Planning Cases\2015\PC 15-007 - City Code Amendments - Zoning, Subdivision, and Erosion Control\Memo_Reports_15-007 Page 3 of 4 Findings of Fact: Staff offers the following four (4) findings of fact for this proposal: General Findings: 1) Amendments to the Arden Hills City Code are required to comply with Federal and State rules and regulations. 2) The proposed amendments 2015-001, 2015-002, and 2015-003 would amend the Erosion and Sediment Control Ordinance, Zoning Code Ordinance, and the Subdivision Ordinance. 3) The proposed amendments would update the City Code to comply with the Federal Clean Water Act and the State General Stormwater Discharge Permit. 4) The rules and regulations have been adopted by the Rice Creek Watershed District. Recommendation Staff recommends approval of Planning Case 15-007 to amend the Erosion and Sediment Control Ordinance, Zoning Code Ordinance, and Subdivision Ordinance, as presented in Ordinance Number 2015-001, 2015-002, and 2015-003 within the April 8, 2015, Report to the Planning Commission. Proposed Motion Language 1. Recommend Approval as Submitted: Motion to recommend approval of Ordinance Number 2015-001 for an amendment to Section 1510.01 and Section 1520.01 of the Erosion and Sediment Control Ordinance, motion to recommend approval of Ordinance Number 2015- 002 for an amendment to Section 1325.05 of the Zoning Code Ordinance, and a motion to recommend approval of Ordinance Number 2015-003 for an amendment to Section 1140.08 of the Subdivision Ordinance, based on Planning Case 15-007, as presented in the April 8, 2015, Report to the Planning Commission. 2. Recommend Approval with Changes: Motion to recommend approval of Ordinance Number 2015-001 for an amendment to Section 1510.01 and Section 1520.01 of the Erosion and Sediment Control Ordinance, motion to recommend approval of Ordinance Number 2015- 002 for an amendment to Section 1325.05 of the Zoning Code Ordinance, and a motion to recommend approval of Ordinance Number 2015-003 for an amendment to Section 1140.08 of the Subdivision Ordinance, based on Planning Case 15-007, as presented in the April 8, 2015, Report to the Planning Commission, with the following changes. 3. Recommend Denial: Motion to recommend denial of Ordinance Number 2015-001 for an amendment to Section 1510.01 and Section 1520.01 of the Erosion and Sediment Control City of Arden Hills Planning Commission Meeting for April 8, 2015 P:\Planning\Planning Cases\2015\PC 15-007 - City Code Amendments - Zoning, Subdivision, and Erosion Control\Memo_Reports_15-007 Page 4 of 4 Ordinance, motion to recommend denial of Ordinance Number 2015-002 for an amendment to Section 1325.05 of the Zoning Code Ordinance, and a motion to recommend denial of Ordinance Number 2015-003 for an amendment to Section 1140.08 of the Subdivision Ordinance, based on Planning Case 15-007, as presented in the April 8, 2015, Report to the Planning Commission: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to recommend table of Ordinance Number 2015-001 for an amendment to Section 1510.01 and Section 1520.01 of the Erosion and Sediment Control Ordinance, motion to recommend table of Ordinance Number 2015-002 for an amendment to Section 1325.05 of the Zoning Code Ordinance, and a motion to recommend table of Ordinance Number 2015-003 for an amendment to Section 1140.08 of the Subdivision Ordinance, based on Planning Case 15-007, as presented in the April 8, 2015, Report to the Planning Commission: a specific reason and/or information request should be included with a motion to table. Public Notice Notice of the public hearing was published in the Shoreview-Arden Hills Bulletin on March 25, 2015. Resident Comment Staff has not received any letters, e-mails, or telephone calls from property owners or residents in regards to this planning case. Attachments A. Erosion & Sediment Control Amendment Redline (Ordinance Number 2015-001) B. Zoning Code Ordinance Amendment Redline (Ordinance Number 2015-002) C. Subdivision Amendment Redline (Ordinance Number 2015-003) City of Arden Hills Chapter 15 - Erosion and Sediment Control Ordinance 15 - 3 Revised December 22, 2011  Erosion and Sediment Control Plan (Plan) is a plan which includes a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction related land disturbances, fills, and soil storage occur, and before final improvements are completed, all in accordance with the specific requirements set forth in Section 1520. This Plan shall also include permanent measures and Best Management Practices to control post-construction surface runoff and sediment.  Erosion and sediment control practice specifications and erosion and sediment control practices. The management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by the City.  Excavation. The mechanical removal of earth material.  Fill. The deposit of soil or other earth materials placed by artificial means.  General Storm Water Permit. The Minnesota Pollution Control Agency's (MPCA) general National Pollutant Discharge Elimination System (NPDES) construction storm water permit covering anyone conducting a land disturbing activity which disturbs one (1) or more acres of total land area.  Grading. Excavation or fill of material, including the resulting conditions thereof.  Land Disturbance Activity. Any land change greater than 5,000 square feet or 50 cubic yards, or land change on a parcel of land located within a shoreland area or adjacent to a surface water that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters or lands of the city, including but not limited to construction, clearing and grubbing, grading, excavating, transporting and filling of land. Land Disturbance Activity does not mean the following: ▶ Minor land disturbance activities such as home gardens and an individual’s home landscaping, repairs and maintenance work; ▶ Additions or modifications to existing single-family dwellings or accessory structures that will result in creating under 5,000 2,500 square feet of exposed soil and/or impervious surface and less than 50 cubic yards in a shorland area; ▶ Construction, installation and maintenance of electric, telephone, and cable television utility lines or individual service connection to these utilities, except where a minimum of 5,000 square feet of land disturbance can be anticipated; ▶ Tilling, planting or harvesting of agricultural, horticultural, or silvicultural crops; ▶ Installation of fence, sign, telephone, and electric poles and other kinds of posts, bollards or poles; and City of Arden Hills Chapter 15 - Erosion and Sediment Control Ordinance 15 - 8 Revised December 22, 2011 H. Soil data including soil names, mapping units, erodibility; I. Critical erosion areas, which are areas on the site that have potential for serious erosion problems; J. Erosion and sediment control measures to be used on the site, both during and after the construction process; K. Temporary and Permanent stabilization to show how the site will be stabilized during and after construction (is completed), including specifications; L. Storm water management to show how storm runoff will be managed, including methods to be used if the development will result in increased peak rates or volume of runoff; M. Maintenance and schedule of regular inspections and repair of erosion and sediment control structures; and, N. Any calculations that were made for the design of such items as sediment basins, diversions, waterways, and other applicable practices. N.O. A land disturbing activity equal to or greater than one (1) acre is required to comply with the conditions of the NPDES/SDS Construction Stormwater General Permit, Part IV – Construction Activity Requirements. 1520.02 Review of Permit Application Subd. 1 General. The PWD shall review the Erosion and Sediment Control Plan to ensure compliance with the erosion and sediment control practice specifications and erosion and sediment control practices. Subd. 2 Permit Approval. If the PWD determines that the Erosion and Sediment Control Plan meets the requirements of this ordinance, the PWD shall issue a permit, valid for a specified period of time that authorizes the land disturbance activity contingent on the implementation and completion of the Erosion and Sediment Control Plan. Subd. 3 Permit Denial. If the PWD determines that the Erosion and Sediment Control Plan does not meet the requirements of this article, the PWD shall not issue a permit for the land disturbance activity. The Erosion and Sediment Control Plan must be resubmitted for approval before the land disturbance activity begins. No land use and building permits shall be issued until the Permittee has an approved Erosion and Sediment Control Plan. 1520.03 Escrow Requirement. After approval of an Erosion and Sediment Control Plan, the PWD may require the Permittee to escrow a sum of money sufficient to ensure the installation, completion, maintenance, inspection, and enforcement of the Erosion and Sediment Control Plan and practices. Escrow amounts shall be set by Ordinance in the City fee schedule. Upon project completion, the remaining escrow shall be returned to the Permittee. City of Arden Hills Chapter 13 Zoning Code Section 1325 – General Regulations Adopted: November 13, 2006 Page 29 of 52 c) Bicycle racks shall be at least twenty-four (24) inches from a wall to which they are parallel and thirty (30) inches from a wall which they are perpendicular. 4. Number of Required Bicycle Parking Spaces. For commercial uses, one bicycle parking space shall be provided for every twenty (20) automobile parking spaces. A minimum of two (2) parking spaces is required. R. Drainage/Water Management Plan: A plan must be submitted with each project or lot development in the Districts. The plan must be approved by the Rice Creek Watershed District, other agencies as required, and the engineer assigned by the City. Two or more lots or projects may coordinate their plans for their mutual benefit. R. Drainage / Water Management Plan: Stormwater management plans shall comply with Rule C: Stormwater Management Plans of Rice Creek Watershed District Rules. S. Environmental Conservation and Sustainability. The City encourages the use of green materials and environmentally friendly construction and site design such as the use of pervious surfaces, green rooftops, energy efficient materials, LEED standards, and other green building techniques. 1325.055 Tree Preservation. (adopted 4/28/08) Subd. 1 Findings, Purpose and City Authority. A. Findings and Purpose. The purpose of this section is to identify trees that are to be saved when development or land disturbing activity is occurring. It is the City's intent to protect, preserve, and enhance the natural environment of Arden Hills and to encourage a resourceful and prudent approach to development. The city council finds it is in the best interest of the city to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to development and property alteration. In the interest of achieving these objectives, the city has established the comprehensive tree preservation regulations herein to promote the furtherance of the following: 1. Protect and preserve the environment and natural beauty of the City; 2. Minimize tree and habitat loss during development and construction; 3. Establish minimum standards for tree preservation and the mitigation of environmental impacts resulting from tree removal; 4. Enforce tree preservation standards to promote and protect the public health, safety and welfare of the community. City of Arden Hills Chapter 11 - Subdivisions 11 - 20 Adopted August 12, 2002 1140.05 Utilities. All utilities shall be installed underground as provided in this code. All underground work shall be completed prior to street surfacing. 1140.06 Sidewalks. Sidewalks may be required along both sides of all streets; pedestrian ways shall be paved and fenced as approved by the City Council. 1140.07 Curb and Gutter. Concrete curb and gutter shall be required. 1140.08 Stormwater Management. Stormwater management plans shall comply with Rule C: Stormwater Management Plans of Rice Creek Watershed District Rules. City of Arden Hills Planning Commission Meeting for April 8, 2015 Page 1 of 1 MEMORANDUM DATE: April 8, 2015 PC Agenda Item 5.B TO: Planning Commission FROM: Matthew Bachler, Associate Planner SUBJECT: Report from the City Council March 16, 2015, City Council Work Session The City Council discussed a Concept Review submitted by Caribou Coffee Company for the addition of a drive-thru lane and pick-up window at their existing store location at 3673 Lexington Avenue North. If Caribou Coffee decides to move forward with the proposal, a Planned Unit Development Amendment application would be required and a public hearing would be held by the Planning Commission. March 30, 2015, City Council Regular Meeting The City Council approved (5-0) Planning Case 15-003 for a Site Plan Review and Variance at 4293 Lexington Avenue North in order to allow for the expansion of the existing parking lot on the property. The Planning Commission reviewed Planning Case 15-003 on March 4, 2015, and unanimously recommends approval (7-0) of this request. The City Council approved (5-0) the Valentine Bluff redevelopment project in Planning Case 15- 004 for a Preliminary and Final Plat, Rezoning, and Comprehensive Plan Amendment. The project will include the redevelopment of 1941 and 1901 County Road E2 for seven single- family homes. This case was also reviewed by the Planning Commission on March 4, 2015, and received a recommendation for approval (7-0). The City Council continued its review of Planning Case 15-002 for a Preliminary Plat, Planned Unit Development Amendment, and Conditional Use Permit Amendment for the Arden Plaza retail center. The City Council approved (5-0) the requests for a Preliminary Plat and a PUD Amendment to account for the subdivisions, increase the Phase III building footprint, and modify the retail center parking lot. A motion was approved to continue consideration of the remaining requests in Planning Case 15-002 relating to the expansion of the Frattallone’s Ace Hardware outdoor seasonal sales area to the City Council meeting on April 13, 2015. Page 1 of 1 DATE: April 8, 2015 PC Agenda Item 5.C TO: Planning Commission Chair Thompson and Commissioners FROM: Jill Hutmacher, Community Development Director SUBJECT: Rice Creek Commons/TCAAP Update Requested Action None. Rice Creek Commons Update Kimley-Horn has completed the first part of the Fit Test. The results were presented to the City Council at a special work session at 5:30 pm on Monday, March 30, 2015. The second part of the Fit Test is tentatively scheduled to be presented to the City Council at a special work session on Monday, April 13. The Energy Integration Resiliency Framework (EIRF) will be presented to the Joint Development Authority at their meeting on Monday, April 6, 2015. Attachments A) Rice Creek Commons January/February 2015 Project Update MEMORANDUM Project Update: January/February 2015 Construction update Work is progressing quickly on the Rice Creek Commons site. Demolition of Building 502 – the last of the 44 buildings onsite when Ramsey County purchased the parcel – is nearly complete. The first stage of hazardous soil removal is 90% complete. Crews will remove the remaining non-hazardous soil underneath Building 502 in the next two months. We anticipate that environmental remediation will be completed by the beginning of summer. Infrastructure improvement project update Ramsey County is in the process of updating the highway and freeway connections surrounding Rice Creek Commons to provide adequate and safe access to the site. Work will begin on the I-35W/Highway 96 interchange project in the spring. The project will include constructing a diverging diamond interchange, a new type of interchange which improves traffic safety and mobility. (Here is a video simulation of this interchange.) This fall work will begin on the Rice Creek re-meander project near County Road H, and in 2016 work will be completed on the spine road and I-35W/County Road H interchange. Development update In February we launched a new website (RiceCreekCommons.com) to provide information about Rice Creek Commons and to promote development on the site. The new website provides all of the due diligence information that developers have requested and will ensure that we maintain our commitment to transparency and information sharing. We have received strong interest from major residential and commercial developers in the Twin Cities, as well as some national developers. The Joint Development Authority plans to issue an RFP for residential development in mid-2015. Additionally, the JDA is working with the Saint Paul Port Authority to issue a solicitation for commercial development in mid-2015. Energy resiliency update The Energy Resiliency Advisory Board (ERAB) is working with Ever-Green Energy and their team of energy systems and planning experts to develop a long-term energy vision for the site and framework to accomplish the vision. In November, the team finalized an Energy Integration Resiliency Framework Policy white paper, which provides a unifying vision for the site’s energy future and identifies the most beneficial opportunities for energy efficiency and efficient energy supply options. The executive summary and the full white paper are available on the Rice Creek Commons website. The team is now in the process of developing an energy resiliency framework with more details about how the Joint Development Authority can technically achieve the vision and recommendations put forth in the white paper. This framework will be completed in March. STEAM update On February 11 and 12, members of the Rice Creek Commons project team served as subject matter experts at Chippewa Middle School for a seventh-grade STEAM (Science, Technology, Engineering, Arts and Math) design project. During the two days, 360 students were divided into teams of eight and tasked with designing one of the three Rice Creek Commons neighborhoods. Students worked with our project team experts to inform the legal, finance, natural resources, construction and infrastructure components of their plan. They worked under a series of constraints with the overall driving question of, “How do you plan and design a sustainable community for the future?” A special thanks to Jonathan Weinhagen (SPACC), Mark Ruff (Ehlers), Shanna Schmitt (MPCA), Ryan Streff (Arden Hills), Beth Engum, Mike Goodnature, Scott Yonke, Joe Lux and Al Rupnow, and Heather Worthington (Ramsey County) who served as subject matter experts. We look forward to continuing our partnership with the Mounds View School District this spring.