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HomeMy WebLinkAbout11-05-14 PC Minutes Approved: December 3, 2014 CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, NOVEMBER 5, 2014 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Clayton Larson called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Clayton Larson, Commissioners Brent Bartel, Andrew Holewa, Steven Jones, Roberta Thompson, and Clayton Zimmerman. Absent: Commissioner Angela Hames. Also present were: City Planner Ryan Streff and Associate Planner Matthew Bachler APPROVAL OF AGENDA – NOVEMBER 5, 2014 Chair Larson stated the agenda will stand as published. APPROVAL OF MINUTES October 8, 2014 – Planning Commission Regular Meeting Commissioner Zimmerman moved, seconded by Commissioner Holewa, to approve the October 8, 2014, Planning Commission Regular Meeting as presented. The motion carried unanimously (6-0). October 8, 2014 – Planning Commission Work Session Commissioner Zimmerman moved, seconded by Commissioner Bartel, to approve the October 8, 2014, Planning Commission Work Session as presented. The motion carried unanimously (6-0). PLANNING CASES A. Planning Case 14-027; Site Plan Review & Variance; 1160 Grey Fox Road – Not a Public Hearing ARDEN HILLS PLANNING COMMISSION – November 5, 2014 2 City Planner Streff stated that Transwestern manages the property located at 1160 Grey Fox Road, which is zoned B-3 Service Business District. The property is generally positioned north of the Canadian Pacific Rail Line, south of Grey Fox Road, east of Dunlap Street North an d west of Lexington Avenue. City Planner Streff explained that the applicant is proposing to add an additional parking area consisting of thirty-three (33) parking spaces to the property. The new parking area would be located along the western property line and directly between the adjacent building (1230 Grey Fox Road) and the principal building located on property. Transwestern has reviewed the current parking needs with the tenant and it has been deemed that the current parking area is insufficient based on number of parking spaces required for their use. Based on the review performed by Transwestern fifty-three (53) parking spaces are needed for their use; however, only thirty-three (33) parking spaces can be constructed on this site without completely redesigning the entire parking lot or adding a parking deck or ramp to the site. The remaining twenty (20) spaces being requested by the tenant are being proposed in the Site Plan Review and Variance request in Planning Case 2014-028. City Planner Streff reported that as indicated by the applicant the new parking area would be constructed along the western property line and over an existing infiltration basin used to collect runoff from the two parking lots surrounding the drainage area. A replacement subgrade infiltration basin is being proposed for the area beneath the new parking area. This basin would outlet into a newly constructed retention pond proposed towards the northern end of the property. The stormwater management plan for this area has been reviewed and conditional approval granted by the Rice Creek Watershed District. City Planner Streff commented that the applicant has indicated that the new parking area would have access from both the subject property and the adjacent property to the west located at 1230 Grey Fox Road. Both of these parcels are owned by the St. Paul Fire and Marine Insurance Company. The City would require that a cross access easement agreement be filed with Ramsey County in order to permit access to the new parking area from 1230 Grey Fox Road. Site Data Land Use Plan: I/O - Light Industrial and Office Existing Land Use: LI – Light Industrial Zoning: B-3 Service Business District Current Lot Sizes: 7.66 Acres Topography: Fairly Flat City Planner Streff reviewed the surrounding area, the Plan Evaluation and the Variance Evaluation Criteria. City Planner Streff provided the Findings of Fact for review: General Findings 1. That the property is located in the B-3 Service Business Zoning District. 2. That the lot is 333,523 square feet in size with approximate dimensions of 430 feet in width, and 745 feet in depth. 3. That the property consists of a principal building of 132,247 square feet in size. ARDEN HILLS PLANNING COMMISSION – November 5, 2014 3 4. That the property is accessed off of Grey Fox Road. 5. That the Zoning Code requires that there are 133 parking spaces for this use. 6. That the parking lot currently contains 148 parking spaces. 7. That the new parking area will consist of 33 new parking spaces. 8. That after completion of the parking lot expansion project the property will contain 181 parking spaces. 9. That the new parking area will have access from the adjoining property to the west along with access from the existing parking lot. 10. That a variance is being requested to further reduce the amount of landscaping coverage from 24.06% to 20.32% and to increase the impervious coverage from 75.94% to 79.68%. 11. That a variance is being requested to permit 100% of the parking within the side yard of the property. Variance Findings: 12. That when compared to other properties in the direct vicinity this parcel may not be considered unique to the surrounding area because of similar nonconforming site conditions. It is unclear if the proposal is in harmony with the purpose and intent of the Zoning Ordinance as the Ordinance generally allows flexibility for unique parcels and situations when impacts to surrounding properties are minimized. 13. That the proposal is consistent with the Arden Hills Comprehensive Plan as it allows for the reasonable use of property within the B-3 Service Business Zoning District. 14. That surface parking lots are permitted within the B-3 Service Business Zoning District. 15. That the lot is currently fully developed making an expansion of the surface parking lot to other areas on the property very limited due to the size of the current building and existing parking area. 16. That the proposed parking area would be visible from neighboring properties; however, increased landscaping and tree plantings will help soften the impact of the additional parking area on surrounding property owners. 17. That the proposed parking area is unlikely to have negative impacts to the property or to the neighborhood as a whole. 18. That the proposed plans and requested variance for the additional parking area does not appear to be based on economic considerations alone. City Planner Streff explained that the findings of fact for this Site Plan Review and Variance do not directly support a recommendation for approval or denial. However, if the Planning Commission chooses to make a recommendation for either approval or denial, the Findings of Fact would need to be amended to reflect these reasons. If the Planning Commission recommends approval of the Site Plan Review and Variance, staff recommends the following seven (7) conditions: 1. That the project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. That the variance shall permit the reduction of landscaping coverage from 24.06% to 20.32% and increase the impervious coverage from 75.94% to 79.68%. ARDEN HILLS PLANNING COMMISSION – November 5, 2014 4 3. That the applicant shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of a grading permit. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank. The purpose of the letter of credit is to ensure that landscaping is completed in the event that the developer defaults on the approved plan. The City will hold the letter of credit for two years after the installation of landscaping. The letter of credit should not expire during the two-year period. 4. That the final tree and landscaping plan shall be approved by the City before the issuance of the grading permit to ensure that the plan meets the landscaping regulations stated in Section 1325.05 of the City Code. 5. That any newly created parking space or parking area shall meet the parking regulations stated in Section 1325.05 of the City Code. 6. That a Grading and Erosion Control Permit shall be issued by the City before the commencement of any construction, grading or disturbance of soil within the parking lot area. 7. That a cross access easement agreement shall be filed with Ramsey County in order to permit access to the new parking area from 1230 Grey Fox Road. 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 Larson opened the floor to Commissioner comments. Chair Larson understood that the infiltration basin was being traded for a storm water retention pond. He asked if the site plans had been thoroughly reviewed by the City Engineer. City Planner Streff explained that this was the case and the City Engineer had approved the plans. It was noted that the applicant would have to apply for a grading and erosion control permit, which would require another review of the plans by staff. Commissioner Holewa questioned if the Rice Creek Watershed had reviewed and approved the plans. City Planner Streff commented that the Rice Creek Watershed District had reviewed the plans and have given conditional approval. Commissioner Zimmerman inquired why the additional parking was being requested. City Planner Streff deferred this question to the applicant, but he believed the number of employees has increased at the site and therefore, additional parking spaces were being requested. Chair Larson requested further information on how the north end of the proposed parking area was designed. ARDEN HILLS PLANNING COMMISSION – November 5, 2014 5 Steve Gaybauer, Clark Engineering, explained in detail the design of the parking lot noting it would be curbed with storm water runoff. He then discussed the proposed filtration basin. Commissioner Zimmerman asked if the applicant had a new tenant that was requiring additional parking. John Thompson, Transwestern, reported that Taylor Corporation, known as Venture, is the current tenant and has been for the past 15 years. Venture is in the process of expanding and has purchased an adjacent property. This expansion has created the need for additional parking. He described how the proposed site improvements would improve the property and the water runoff while also creating additional parking. Commissioner Thompson asked if additional parking would be required in the future. Mr. Thompson discussed the parking available on the adjacent property for Venture employees. He believed that the parking on-site, with the additional parking requested would meet the needs of all tenants. Commissioner Holewa asked if the retention pond would have standing water in it. Mr. Gaybauer stated the infiltration basin would draw down within 48 hours of a rain event. Commissioner Holewa feared how Transwestern would manage providing additional parking if Venture were to add additional office space. Mr. Thompson explained that Venture was leasing the adjacent building at 3728 Dunlap Street for their current expansion and that this space would assist in meeting their parking needs. Commissioner Bartel questioned if a two-level parking structure has been considered. Mr. Gaybauer commented that the expense of a parking structure may not be feasible. Commissioner Thompson was in favor of including the Rice Creek Watershed District approval within the Findings of Fact or as a condition for approval, due to the fact that it addressed the groundwater situation. Commissioner Holewa wanted to support the business and the proposed site improvements. However, he expressed concern with the proposed swale and wanted to see additional plantings in the rain gardens. Commissioner Bartel discussed the percentage of allowable impervious surfaces in business districts. He explained he was having a hard time supporting this request due to the fact the percentage of impervious surface was approaching 80%, and the adjacent property was nearing 90%. Chair Larson understood this concern, but commented that the proposed retention pond and filtration basin was better than the site’s current swale. He believed the retention pond and filtration basin would improve the site and for that reason he supported the request. ARDEN HILLS PLANNING COMMISSION – November 5, 2014 6 Commissioner Zimmerman indicated that pervious pavers may be another option for the increased parking spaces as this would create a hard surface, while addressing the water runoff concerns. Chair Larson stated that the soil in the swale would need correcting before pavers could be placed in this area. Commissioner Zimmerman believed that this soil correction would also be needed for asphalt or concrete. He questioned if the Commission should table action on this item to allow staff to work with the applicant on pervious surface options. Commissioner Jones supported the applicant’s request as the storm water runoff in this area needed improvement and the increased parking would not adversely impact the surrounding properties. Commissioner Zimmerman requested comment from the applicant on the potential use of pervious pavers in the swale. Mr. Gaybauer understood the merits of using pavers and believed this option would add 30% to the project cost per square foot for the parking surface. He stated this would also modify the storm retention basin. He indicated he would have to more closely review the engineering of the site if the paver option were pursued. Commissioner Bartel was interested in reviewing how the water runoff on the site would be impacted if pavers were used versus not used in the swale. Mr. Gaybauer stated he could investigate this further, while also looking at how the downstream system would be impacted. Commissioner Thompson was in favor of the applicant pursuing pervious options for the parking lot. Commissioner Thompson moved and Commissioner Holewa seconded a motion to recommend approval of Planning Case 14-027 for a Site Plan Review and Variance to reconfigure the existing parking lot at 1160 Grey Fox Road based on the findings of fact and the submitted plans, as amended by the eight (8) conditions in the November 5, 2014, report to the Planning Commission. Condition 8: Approval from the Rice Creek Watershed District. City Planner Streff requested that the Commission address the Findings of Fact to support approval. Chair Larson reported one finding could read: The new retention pond would address the site drainage better than the existing swale, as determined by the City Engineer and Clark Engineering. ARDEN HILLS PLANNING COMMISSION – November 5, 2014 7 Commissioner Holewa was in favor of tabling action on this item to allow the applicant to review the potential use of pavers, in addition to how this will impact the water runoff. Commissioner Zimmerman stated the site was currently maxed out on impervious surface. He feared how the site would be impacted by the proposed request and for this reason he could not support the Planning Case. Commissioner Bartel agreed and requested the applicant further quantify the amount of additional water that would be running off the site. He recommended the Planning Case be tabled until this information could be brought back to the Commission. Chair Larson believed that the information provided by the engineer was sufficient and proved that the proposed retention pond was an improvement over the current swale. Commissioner Zimmerman wanted to see the City be sensitive to the amount of storm water runoff coming from this site given the recent fines the Met Council has assessed to cities in the metro area. Chair Larson still believed the trade off and improvement to the storm sewer system merited approval. The motion failed 3-3 (Bartel, Holewa and Zimmerman opposed). Commissioner Holewa moved and Commissioner Zimmerman seconded a motion to table Planning Case 14-028 a Site Plan Review and Variance at 1160 Grey Fox Road to allow the applicant to review the request further with staff. Commissioner Holewa requested comment from the City Engineer on the runoff and proposed infiltration basins. Commissioner Bartel also wanted to see a comparison on the storm water system both for the current system and proposed system. Commissioner Zimmerman wanted to ensure that the new storm water system would handle the additional runoff. He did not support any increase in impervious surface and recommended the applicant further investigate the use of pervious pavers or concrete. Chair Larson reiterated that the applicant had already received conditional approval from the Rice Creek Watershed District. He explained that the new retention pond and filtration basin would manage the water runoff differently than the current swale. The motion failed 3-3 (Chair Larson, Jones and Thompson opposed). Commissioner Bartel did not understand why the Commission did not fully support the request being tabled. Commissioner Thompson did not believe the matter had to be tabled as the Commission had enough information to recommend approval. ARDEN HILLS PLANNING COMMISSION – November 5, 2014 8 City Planner Streff stated it would be possible for the Planning Case to proceed to the Council with a 3-3 split vote. He commented that the Commission could ask the applicant how they would like to proceed. Mr. Thompson was not in favor of tabling the request as this would delay the matter. He clarified that the proposed storm water improvements would be equal to or better than the current situation. He reported that he has received conditional approval from the Rice Creek Watershed District and the City Engineer has already reviewed the plans for the site. He questioned what the Commission would be gaining by tabling the request this evening. Commissioner Bartel understood the request was approved by Rice Creek Watershed District but he wanted further clarification on how the site would handle the runoff. He also wanted to understand if the proposed storm water changes would improve the site. Chair Larson suggested this case proceed to the Council with no recommendation from the Planning Commission and ask that the Council be given information from the City Engineer and the Rice Creek Watershed District describing their position on the request. Commissioner Holewa recommended the Planning Commission minutes be provided to the City Council. B. Planning Case 14-028; Site Plan Review& Variance – 3728 Dunlap Street North – Not a Public Hearing City Planner Streff stated that Transwestern manages the property located at 3728 Dunlap Street North, which is zoned B-4 Service Business District. The property is generally positioned north of Grey Fox Road, south of Red Fox Road, east of Dunlap Street North and west of Lexington Avenue. City Planner Streff explained that the applicant is proposing to add an additional parking area consisting of twenty (20) parking spaces to the property. The proposed parking area would be located just south of the building along Grey Fox Road. As indicated by the applicant the new parking area would be an extension to the west of the existing parking area. As indicated by the applicant the new parking area would be constructed between Grey Fox Road and the existing building on the site with access provided from Grey Fox Road. City Planner Streff indicated that the proposed parking area to be constructed at 3728 Dunlap Street North would be utilized by the tenant at 1160 Grey Fox Road in order to meet their parking needs. As stated in Planning Case 14-027, Transwestern has reviewed the current parking needs of the tenant at 1160 Grey Fox Road and determined that parking at this site alone is not adequate for the tenant’s use of the property. Based on the review performed by Transwestern fifty-three (53) additional parking spaces are needed for the use at 1160 Grey Fox Road. If the Site Plan Review and Variance in Planning Case 14-027 is approved for an additional thirty-three (33) parking spaces then the site at 3728 would only require a parking area for twenty (20) additional parking spaces. Transwestern attempted to fit all the parking spaces within the parcel located at 1160 Grey Fox Road, however, only thirty-three (33) parking spaces could be constructed on the site without completely redesigning the entire parking lot or adding a parking deck or ramp to the site. ARDEN HILLS PLANNING COMMISSION – November 5, 2014 9 City Planner Streff commented that in order to address stormwater issues a bio-retention basin has been proposed to capture the additional runoff from the new parking area. The stormwater management plan for this area has been reviewed and conditional approval granted by the Rice Creek Watershed District. City Planner Streff reported that both of the parcels discussed in this case and in Planning Case 14-027 are owned by the St. Paul Fire and Marine Insurance Company. The City would require that a cross access easement agreement be filed with Ramsey County in order to permit access to the new parking area from Grey Fox Road for the employees at 1160 Grey Fox Road. A parking easement over the dedicated twenty (20) parking spaces would also be required by the City in order to permanently permit the use of these parking spaces by the tenant of 1160 Grey Fox Road. Site Data Land Use Plan: MB – Mixed Business Existing Land Use: LI – Light Industrial Zoning: B-4 Retail Center District Current Lot Sizes: 2.67 Acres Topography: Fairly Flat City Planner Streff reviewed the surrounding area, the Plan Evaluation and the Variance Evaluation Criteria. City Planner Streff provided the Findings of Fact for review: General Findings 1. That the property is located in the B-4 Retail Center Zoning District. 2. That the lot is 116,244 square feet in size with approximate dimensions of 270 feet in width, and 430 feet in depth. 3. That the property consists of a principal building of 44,590 square feet in size. 4. That the property has access off of both Dunlap Street North and Grey Fox Road. 5. That the Zoning Code requires that there are 45 parking spaces for this use. 6. That the parking lot currently contains 53 parking spaces. 7. That the new parking area will consist of 20 new parking spaces. These spaces will be utilized by the tenant located at 1160 Grey Fox Road. 8. That after completion of the parking lot expansion project the property will contain 73 parking spaces. 9. That the new parking area will have access from the adjoining parking area to the east with access from Grey Fox Road. 10. That a variance is being requested to reduce the amount of landscaping coverage from 15.75% to 10.98% and to increase the impervious coverage from 84.25% to 89.02%. Variance Findings: 11. That when compared to other properties in the direct vicinity this parcel may not be considered unique to the surrounding area because of similar nonconforming site conditions. It is unclear if the proposal is in harmony with the purpose and intent of the Zoning Ordinance as the Ordinance generally allows flexibility for unique parcels and situations when impacts to surrounding properties are minimized. ARDEN HILLS PLANNING COMMISSION – November 5, 2014 10 12. That the proposal is consistent with the Arden Hills Comprehensive Plan as it allows for the reasonable use of property within the B-4 Retail Center Zoning District. 13. That surface parking lots are permitted within the B-4 Retail Center Zoning District. 14. That the lot is currently fully developed making an expansion of the surface parking lot to other areas on the property very limited due to the size of the current building and existing parking area. 15. That the proposed parking area would be visible from neighboring properties; however, increased landscaping and tree plantings will help soften the impact of the additional parking area on surrounding property owners. 16. That the proposed parking area is unlikely to have negative impacts to the property or to the neighborhood as a whole. 17. That the proposed plans and requested variance for the additional parking area does not appear to be based on economic considerations alone. City Planner Streff explained that the findings of fact for this Site Plan Review and Variance do not directly support a recommendation for approval or denial. However, if the Planning Commission chooses to make a recommendation for either approval or denial, the Findings of Fact would need to be amended to reflect these reasons. If the Planning Commission recommends approval of the Site Plan Review and Variance, staff recommends the following eight (8) conditions: 1. That the project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. That the variance shall permit a reduction in the amount of landscaping coverage from 15.75% to 10.98% and an increase in the amount of impervious coverage from 84.25% to 89.02%. 3. That the applicant shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of a grading permit. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank. The purpose of the letter of credit is to ensure that landscaping is completed in the event that the developer defaults on the approved plan. The City will hold the letter of credit for two years after the installation of landscaping. The letter of credit should not expire during the two-year period. 4. That the final tree and landscaping plan shall be approved by the City before the issuance of the grading permit to ensure that the plan meets the landscaping regulations stated in Section 1325.05 of the City Code. 5. That any newly created parking space or parking area shall meet the parking regulations stated in Section 1325.05 of the City Code. 6. That a Grading and Erosion Control Permit shall be issued by the City before the commencement of any construction, grading or disturbance of soil within the parking lot area. 7. That a cross access and easement agreement shall be filed with Ramsey County in order to permit access to the new parking area from Grey Fox Road for the employees at 1160 Grey Fox Road. ARDEN HILLS PLANNING COMMISSION – November 5, 2014 11 8. That a parking easement over the dedicated twenty (20) parking spaces shall be filed with Ramsey County in order to permanently permit the use of these parking spaces by the tenant of 1160 Grey Fox Road. 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 Larson opened the floor to Commissioner comments. Commissioner Holewa explained that he adamantly opposed this Planning Case. Commissioner Zimmerman commented he too opposed this request as it would increase the impervious surface on the site to almost 90%. He believed there were additional runoff concerns that needed to be addressed. Commissioner Jones supported the request and believed the applicant was making the best use of the site. Chair Larson concurred stating the applicant was proposing to improve the storm runoff in this neighborhood. Commissioner Thompson was in favor of the request. Commissioner Bartel understood that the Council was not in favor of variances and for this reason he recommended this go onto the Council without a recommendation from the Planning Commission. Commissioner Thompson moved and Commissioner Jones seconded a motion to recommend approval of Planning Case 14-028 for a Site Plan Review and Variance to reconfigure the existing parking lot at 3728 Dunlap Street North based on the findings of fact and the submitted plans, as amended by the nine (9) conditions in the November 5, 2014, report to the Planning Commission. Condition 9: Approval from the Rice Creek Watershed District. The motion failed 3-3 (Bartel, Holewa and Zimmerman opposed). Chair Larson requested this item move forward to the City Council with no recommendation from the Planning Commission and asked that the Council be given further information from the City Engineer and the Rice Creek Watershed District describing their position on the request. C. Planning Case 14-033; Variance – 3755 Dunlap Street North – Not a Public Hearing ARDEN HILLS PLANNING COMMISSION – November 5, 2014 12 Associate Planner Bachler stated that the applicant in this case is Twang Holdings, LLC, which is a real estate company whose sole responsibility is to acquire properties to be rented by Northern Battery. Both businesses are owned by the same family. Twang Holdings is considering purchasing the property at 3755 Dunlap Street North, but in order for the site to be operationally viable for Northern Battery a loading dock addition is required. While the building does have several existing garage doors, none are constructed as a loading dock. The current property owner is MBJ Holdings, LLC, which has been informed of the variance request. Associate Planner Bachler reported that the subject property is zoned B-4 Retail Center District and is generally located north of Grey Fox Road, west of Dunlap Street North, east of Snelling Avenue/Highway 51, and south of Red Fox Road. The B-4 Retail Center District was adopted by the City in 1991. The new zoning regulations were meant to facilitate the redevelopment of the properties along Dunlap Street North between Grey Fox Road and Red Fox Road into a retail destination center. Since the zoning requirements were drafted with more retail uses in mind, many of the pre-existing light industrial properties in this district are now nonconforming. Associate Planner Bachler indicated that the applicant is proposing to construct a 500 square foot addition measuring 25 feet wide by 20 feet in depth on the west side of the existing principal structure on the property. The addition would be used for loading dock purposes and would accommodate one truck bay. An existing utility shed measuring 428 square feet in size is located in the area where the addition would be constructed. This accessory structure would be removed prior to the commencement of construction of the addition. Associate Planner Bachler explained that the property is considered nonconforming due to lot coverage and an encroachment into the north side yard setback. Currently, the structure coverage on the lot is 28.87 percent, which exceeds the maximum of 25 percent allowed in this district. The addition would increase structure coverage to 29.05 percent. The existing landscape coverage of 20.01 percent does not meet the minimum coverage requirement of 25 percent. However, the landscape lot coverage would actually increase as a result of the project as a portion of the addition would be constructed on bituminous surface and the existing accessory shed would be removed. Associate Planner Bachler commented that the existing principal structure encroaches 16 feet into the required north side yard setback of 20 feet. The proposed addition area would also encroach on this setback area, although not to the same extent as the existing building. The new addition would be located 5 feet from the north side property line and encroach 15 feet into the required setback. All other setback requirements would be met by the addition. Site Data Land Use Plan: Mixed Business Existing Land Use: Light Industrial Zoning: B-4: Retail Center District Current Lot Sizes: .93 Acres (40,554 square feet) Topography: Relatively Flat Associate Planner Bachler reviewed the surrounding area, the Plan Evaluation and the Variance Evaluation Criteria. ARDEN HILLS PLANNING COMMISSION – November 5, 2014 13 Associate Planner Bachler provided the Findings of Fact for review: General Findings 1. The property at 3755 Dunlap Street North is located in the B-4 Retail Center District. 2. The property has a total lot area of 40,554 square feet. 3. The proposed use of the property for warehousing is a permitted accessory use in the B-4 District. 4. Section 1320.10, Subd.2 states that the list of I-2 permitted uses as of April 1991, that are currently not permitted in the B-4 District, will be allowed in buildings existing in April 1991, as permitted uses until redevelopment or replacement of the building or buildings housing such uses occurs. 5. The building located at 3755 Dunlap Street North was in existence in April 1991. 6. Warehousing was a permitted use in the I-2 District as of April 1991. 7. The proposed addition to the existing building does not constitute the redevelopment or replacement of the existing building on the property. 8. The property is nonconforming because the existing structure coverage of 11,708 square feet, or 28.87 percent, exceeds the maximum structure coverage of 25 percent permitted in the B-4 District. 9. The property is nonconforming because the existing landscape coverage of 8,115 square feet, or 20.01 percent, does not meet the minimum landscape coverage requirement of 25 percent in the B-4 District. 10. The existing principal structure on the property is nonconforming because it encroaches 0.4 feet into the required front yard setback of 50 feet and 16 feet into the required north side yard setback of 20 feet. 11. The existing accessory structure on the property is nonconforming because it encroaches six feet into the required north side yard setback of 10 feet. 12. The proposed project would remove the existing nonconforming accessory structure. 13. The proposed addition would result in an increase in the nonconforming structure coverage to 11,780 square feet, or 29.05 percent. 14. The proposed addition would encroach 15 feet into the required north side yard setback of 20 feet. 15. The proposed project would result in an increase in the landscape lot coverage to 8,219 square feet, or 20.27 percent, but the property would still not meet the minimum landscape coverage requirement. 16. The City Code requires that striping of parking lots be maintained to assure that the designated parking capacity is met. The existing off-street parking area on the property is currently not striped to delineate individual parking stalls. 17. Based on the proposed use of the property, 12 off-street parking spaces would be required. Variance Findings: 18. Section 1320.04, Subd. 9 of the Zoning Code states that the purpose of the B-4 District is to, among other things, meet retail shopping needs of the surrounding community by providing a district that will accommodate a wide range of retail goods and services. 19. Section 1320.04, Subd. 9 of the Zoning Code states that the purpose of the B-4 District is to, among other things, allow transitional uses that will allow an orderly phasing out of existing uses and development that are not appropriate in a contemporary retail center and a phasing in of uses and development as warranted by market conditions. ARDEN HILLS PLANNING COMMISSION – November 5, 2014 14 20. Warehousing is a permitted use for this particular property in the B-4 District based on the provisions found in Section 1320.10, Subd.2 of the Zoning Code. 21. The proposed addition would be to accommodate a loading dock area, which is a reasonable use of the property. 22. The plight of the property owner is due to circumstances unique to the property not created by the landowner. The principal structure on the property was in existence when the property was rezoned to B-4 District, which likely created its current nonconforming status. 23. If approved, the variance will not alter the essential character of the neighborhood as the properties in the area are predominantly used for light industrial purposes. 24. The requested variance does not appear to be based on economic considerations alone. Associate Planner Bachler indicated that staff is generally supportive of this variance request given that expansion of the nonconforming structure coverage will be relatively minor and that the addition will not encroach further into the north side yard setback area than the existing nonconforming building. If this property were zoned as I-Flex District, similar to the properties to its west, the minimum structure coverage would be 40 percent and only one variance would be needed for the structure encroachment. While the City’s long-term vision is for the area along Dunlap Street to be redeveloped for retail purposes, market conditions have not yet made this transition viable and the area currently still functions as a light industrial district. Associate Planner Bachler explained that the findings of fact for this variance request support a recommendation for approval. However, if the Planning Commission chooses to make a recommendation for denial, the Findings of Fact would need to be amended to reflect the reasons for denial. If the Planning Commission recommends approval of this variance, staff recommends the following five conditions: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. A demolition permit shall be required for the removal of the existing accessory shed. 3. A building permit shall be required for the construction of the addition. 4. The exterior finish of the addition shall be compatible in appearance and material used with the existing principal structure. 5. The parking area shall be striped to include a minimum of twelve (12) parking stalls. Individual spaces shall be a minimum of nine (9) feet in width and eighteen (18) feet in length. 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 Larson opened the floor to Commissioner comments. ARDEN HILLS PLANNING COMMISSION – November 5, 2014 15 Chair Larson stated that the height of the addition was not accurately depicted within the drawings submitted by the applicant. Associate Planner Bachler recommended that the applicant address this concern. Chair Larson asked if the location of the existing shed would be turned into landscaped pervious surface. Associate Planner Bachler stated that this was the case. He explained the plans would be updated to reflect this change prior to the request going before the City Council. Chair Larson was in favor of the Planning Commission receiving accurate drawings and calculations for the proposed plans prior to being asked to grant approval of the Planning Case. Commissioner Holewa wanted to understand where the water runoff would flow once it left this property. Kirk Donskey, Twang Holdings, reviewed the request in further detail with the Commission. He stated the area surrounding the loading dock could be turned into pervious areas. Chair Larson recommended that the applicant review this further with staff in order to get the amount of pervious surface on the site to 25%. Mr. Donskey reported he could review this matter with staff. Commissioner Holewa questioned the size of the existing shed. Mr. Donskey estimated the shed was 30’ x 12’. Commissioner Zimmerman asked what the size of the addition would be. Mr. Donskey indicated the addition would be 25’ x 20’. Commissioner Zimmerman needed further information from the applicant on how the lot coverage and water runoff would be managed. Commissioner Bartel recommended that the item be tabled to allow the applicant to review the plans and update the calculations with staff. He believed it would be advantageous for the applicant to increase the amount of pervious surface on the property. Commissioner Jones stated the Commission would need to understand how the impervious surface on the site was being impacted through the removal of the shed and with the addition. Commissioner Holewa moved and Commissioner Zimmerman seconded a motion to table Planning Case 14-033 for Two (2) Variances at 3755 Dunlap Street North to allow for accurate drawings and calculations to be submitted to staff. The motion carried unanimously (6-0). ARDEN HILLS PLANNING COMMISSION – November 5, 2014 16 UNFINISHED AND NEW BUSINESS None. REPORTS A. Planning Commission Comments and Requests Commissioner Holewa indicated he was serving on the Energy Resilience Advisory Board. He explained the ERAB made a presentation to the JDA last Monday and would be making the same presentation to the Council on November 10th. B. Report from the City Council City Planner Streff updated the Planning Commission on City Council activities from the October 20, 2014, City Council Work Session, noting that Beth Engum with Ramsey County gave a short presentation to the City Council on the design of County Road H/Interstate 35W interchange at the northern entrance to the TCAAP site. The City Council also reviewed Chapter 11 of the TCAAP Redevelopment Code, which will establish the standards for signage on the site. Specific areas of discussion included appropriate dimensional standards for freestanding and wall signs and on the types of signs that should be prohibited for properties on TCAAP. At the October 27, 2014, City Council Regular Meeting the Council approved (4-1) Planning Case 14-030, which was a Site Plan Review to reconfigure the existing parking lot at Gradient Financial Center located at 4105 Lexington Avenue North. The Planning Commission recommended approval (5-0) of this case at their meeting on October 8, 2014. The City Council also approved (4-1) Planning Case 14-031, which was a request for a Master and Final PUD Amendment for the Johanna Shores redevelopment project at 3200 Lake J ohanna Boulevard. The approval included the reconfiguration of the Brownstone Buildings to be completed in Phase II, the reallocation of four units from the Lakeview Buildings to the Brownstone Buildings increasing the number of units in these buildings to 40, and a revision to the construction schedule in the PUD Agreement. The City Council will reevaluate traffic calming on the County Road D driveway after reviewing the traffic analysis which is required to be completed one year after the completion of the project. The Planning Commission recommended approval (5-0) of this case at their meeting on October 8, 2014. C. TCAAP Update City Planner Streff reported that the original schedule for Regulations and Policies anticipated that the City Council would be providing final comments on the draft zoning on November 17, 2014. At this point, that appears unlikely and additional meetings will be needed to finalize the TCAAP zoning. Staff is working on revising the schedule which will likely include continuing zoning meetings into 2015. Remaining topics for City Council discussion and final approval include: • JDA Governance Process • Density and Mix of Uses ARDEN HILLS PLANNING COMMISSION – November 5, 2014 17 • Residential Design Standards • Office/Retail Design Standards • Flex Office Design Standards • Gateway Overlay Design Standards • Exterior Materials • Street Design and Right-of-Way Requirements • Landscaping Requirements • Open Space Standards • Table of Permitted Uses • Comprehensive Plan Amendment and Future Land Use Map • Other topics as identified by the City Council City Planner Streff stated that the November 3, 2014, Gateway Planning workshop has been postponed so that the City Council can have a discussion with a retail developer and begin a policy discussion regarding the Comprehensive Plan’s Future Land Use Map. Staff and consultants are scheduling work for the regulations and policies component of the master planning process. November 3, 2014, Special Work Session at 6:00 pm, Council Chambers • Discussion with Retail Developer • City Council Discussion of Vision and Density • Future Land Use Map Policy Discussion November 10, 2014, Special Work Session at 5:30 pm, Community Room • Stormwater System Update (Infrastructure) November 17, 2014, Regular Work Session at 5:00 pm, Council Chambers • Workshop with Gateway Planning o Discuss Chapters 8-10 (Street Design Standards, Open Space Standards, Streetscape and Landscape Standards) o Review comments and revisions to-date Staff noted additional regular and special work session meetings will be scheduled to discuss regulations and policies, the infrastructure study, and other TCAAP issues. Topics for future meetings will be identified as those dates draw nearer. ADJOURN Commissioner Holewa moved, seconded by Commissioner Zimmerman, to adjourn the November 5, 2014, Planning Commission Meeting at 8:55 p.m. The motion carried unanimously (6-0).