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HomeMy WebLinkAbout11-09-16 PC Approved: December 7, 2016 CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, NOVEMBER 9, 2016 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, Nick Gehrig, Steven Jones, James Lambeth, and Phillip Neururer. Absent: Commissioners Angela Hames (unexcused) and Clayton Zimmerman (excused). Also present were: Eric Zweber, Interim City Planner, Senior Planner Matthew Bachler, City Attorney Joel Jamnik, Assistant City Attorney James Monge, and Mayor Grant. APPROVAL OF AGENDA – JUNE 4, 2016 Chair Thompson stated the agenda will stand as published. APPROVAL OF MINUTES October 5, 2016 – Planning Commission Regular Meeting Commissioner Gehrig moved, seconded by Commissioner Jones, to approve the October 5, 2016, Planning Commission Regular Meeting Minutes as presented. The motion carried unanimously (6-0). PLANNING CASES A. Planning Case 16-023 – Minor Subdivision and Variance – 1401 County Road E West - Public Hearing Eric Zweber, Interim City Planner, stated the minor subdivision and variances requested are to allow for the subdivision of a single parcel located at 1401 County Road E into two parcels (Parcel A and Parcel B) to facilitate the sale of both parcels to settle the estate of Rhoda Behr, a resident for almost 70 years. Over the past several decades, their much larger original parcel has been split several times to facilitate sales and new construction of homes along Arden Oaks Drive. This last subdivision would result in the fourth and final lot being split from the larger ARDEN HILLS PLANNING COMMISSION – November 9, 2016 2 original parcel. This fourth lot had previously received subdivision approval in 1979, but was never recorded. Mr. Zweber explained an existing house is located on the current parcel, with existing connections to sewer, water, and utilities. The sewer line that serves the house is located on the eastern side of the house, which extends southeasterly and over the proposed lot line. An easement is proposed along the inside of each Parcel A (6 feet) and Parcel B (12 feet) to accommodate the existing sewer line. Mr. Zweber reported two variances are also being requested. The first is to allow a 5-foot deviation from Section 1320.06 District Requirements Chart of the City Code, which requires a lot width of 95 feet. The second variance is to allow a deviation from the requirement in Section 1150.04 of the City Code, which requires that requests for subdivision meet the required dimensions in order to be eligible for division. Site Data Land Use Plan: LDR – Low Density Residential Existing Land Use: Single Family House/Vacant Zoning: R-1 Single Family Residential Lot Size: Current – 40,322 sq. ft. Proposed – 23,064 sq. ft. and 17,268 sq. ft. Topography: 10 foot drop over 210 feet (5% easterly slope) Mr. Zweber reviewed the surrounding area, the Plan Evaluation and the Variance Evaluation Criteria. Mr. Zweber provided the Findings of Fact for review: 1. The property at 1401 County Road E is located in the LDR- Low Density Residential Land Use District and the R-1 Single Family Residential zoning district. 2. The property is properly guided and zoned for the development of an additional single family home. 3. The land was previously approved for such subdivision by the Arden Hills City Council in 1979. 4. The request proposes to use the property in a reasonable manner (as a single-family home). 5. The need for the variance to lot size and minor subdivision requirements are not due to circumstances created by the property owner. 6. The variances, if granted, will not alter the essential character of the neighborhood. 7. Economic considerations are not the primary reason for the request for the variances. 8. Adequate access to sunlight will be maintained. 9. The requested variances meet the standard of practical difficulty. 10. The proposed use of land is consistent with the purpose and intent of the comprehensive plan, the zoning code, and is consistent with the surrounding land uses. 11. The proposed minor subdivision request meets all other applicable standards of city code. Mr. Zweber stated based on the submitted plans and findings of fact, staff recommends approval of Planning Case 16-023 to approve the following actions: 1) A variance to allow the minor subdivision of previously platted parcels, despite not meeting the dimensional standards for lot width; ARDEN HILLS PLANNING COMMISSION – November 9, 2016 3 2) A 5-foot variance to allow Parcel B a lot width of 90 feet; and 3) A minor subdivision to allow the division of the existing parcel located at 1401 County Road E into two parcels, Parcels A and B, subject to the condition that both a variance to the minor subdivision requirements, and a variance to lot width are approved. Staff recommends that the following two (2) conditions be included with the approval: 1. Approval of a 5-foot variance to lot width, and a variance to the requirement that minor subdivisions comply with all zoning requirements. 2. The applicant shall record the Minor Subdivision and drainage and utility easements with Ramsey County within 180 days of the City’s approval and a copy of the recording shall be provided to the City. Mr. Zweber 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 Jones asked if the proposed property line were moved five feet to the west what type of variance would be needed. Mr. Zweber estimated that a seven-foot setback would be created requiring a three-foot variance from the 10 foot setback requirement. Chair Thompson opened the public hearing at 6:38 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 6:39 p.m. Chair Thompson questioned how many trees would be lost on the new lot. Mr. Zweber explained this issue had been discussed with the applicant and noted the trees on the lot have not been mapped. He stated the intent would be for the applicant to sell the lot to a developer who would then review the City’s tree ordinance with staff in order to have the new lot mapped. Commissioner Jones moved and Commissioner Bartel seconded a motion to recommend approval of Planning Case 16-023 that approves a five-foot variance to lot width and a variance to the requirement that minor subdivisions comply with all zoning requirements on the property located at 1401 County Road E based on the findings of fact and the submitted plans in the November 9, 2016, report to the Planning Commission. The motion carried unanimously (6-0). ARDEN HILLS PLANNING COMMISSION – November 9, 2016 4 Commissioner Jones moved and Commissioner Bartel seconded a motion to recommend approval of Planning Case 16-023 for a Minor Subdivision for a lot split on the property located at 1401 County Road E based on the findings of fact and the submitted plans, as amended by the two (2) conditions in the November 9, 2016, report to the Planning Commission. The motion carried unanimously (6-0). B. Planning Case 16-028; University of Northwestern-St. Paul – Zoning Code Amendment and Conditional Use Permit – 1265 Grey Fox Road – Public Hearing Mr. Zweber stated the property at 1265 Grey Fox Road is 14.3 acres in size and includes two existing buildings with a gross floor area of approximately 165,000 square feet. Existing site improvements include 570 surface parking stalls, landscaping, and stormwater management facilities. The medical manufacturing company Smiths Medical previously occupied the property until they vacated the space in 2015. Mr. Zweber explained the University of Northwestern-St. Paul has plans to grow its engineering, biology, and nursing academic programs and has identified the property as a location for this expansion because of the existing building space. The University has a purchase agreement in place with the property owner. Mr. Zweber reported the University proposes to develop the property over two phases: • Phase I would be completed in time for the 2017-2018 academic year. Existing facilities would be renovated to support the Masters-level nursing and biology programs, and the undergraduate engineering program. The University expects to have 389 students and 43 faculty and staff members in the first year. The concept plan shows that classroom and office space would occupy approximately 63,300 square feet. Renovations would also be completed to add a theater, cafeteria, and chapel. Excess building space would be leased to other users during Phase I. • Phase II would introduce additional undergraduate programs in mathematics and chemistry, as well as graduate programs in biology and data analytics. Health services would occupy approximately 46,000 square feet, biology and chemistry 72,000 square feet, and engineering 30,000 square feet. A total of approximately 646 students would attend classes and 66 faculty and staff members would be located on the property. The University has not proposed any exterior changes to the existing buildings or the site to accommodate Phase I or Phase II. Mr. Zweber indicated the University anticipates the facility will be open daily from 7:00 a.m. to 10:00 p.m. Peak traffic times would coincide with class schedules, which typically are more frequent during mid-morning and mid-afternoon hours. The University would operate a shuttle service for students and faculty between their main campus at 3003 Snelling Avenue and 1265 Grey Fox Road. Mr. Zweber stated the City approved a Campus Master Plan for the University of Northwestern in 2007. The plan was designed to support a student population of 2,400 on the campus, and included an additional 433,506 square feet of building space to be built over 12 to 20 years. To date, approximately 70,000 square feet of new construction has been completed on the Arden Hills portion of the campus. Based on the approved Master Plan and the work completed to date, there is additional capacity on the main campus that could be used in place of the expansion planned for 1265 Grey Fox Road. ARDEN HILLS PLANNING COMMISSION – November 9, 2016 5 Site Data Land Use Plan: Light Industrial and Office Existing Land Use: Office Zoning: I-Flex District Current Lot Sizes: 14.25 acres (620,645 square feet) Topography: The lot is generally flat Mr. Zweber reviewed the surrounding area, the Plan Evaluation, along with the zoning code amendment and conditional use permit criteria. Mr. Zweber provided the Findings of Fact for review: 1. The property located at 1265 Grey Fox Road is located in the I-Flex Zoning District. 2. “Schools, higher education” uses are not a permitted use or conditional use in the I-Flex Zoning District under Section 1320.05 of the Zoning Code. 3. The University of Northwestern-St. Paul has requested a Zoning Code Amendment to allow “schools, higher education” as a conditional use in the I-Flex Zoning District. 4. The University of Northwestern-St. Paul has requested a Conditional Use Permit for a “schools, higher education” use at the property located at 1265 Grey Fox Road pending approval of the requested Zoning Code Amendment. 5. The “schools, higher education” land use is not compatible with the predominantly industrial and employment-based permitted and conditional uses currently allowed in the I-Flex District. 6. The proposed Zoning Code Amendment is not consistent with the land use goal within the 2030 Comprehensive Plan to, “Develop and maintain a land use pattern that strengthens the vitality, quality, and character of our residential neighborhoods, commercial districts, and industrial areas while protecting the community’s natural resources and developing a sustainable pattern for future development” (Arden Hills 2030 Comprehensive Plan, at 3-1). 7. The subject property is guided for Light Industrial and Office on the 2030 Comprehensive Plan Future Land Use Map, which is defined as “areas designated for a broad range of light industrial uses such as warehousing with manufacturing. This land use may also include offices” (Arden Hills 2030 Comprehensive Plan, at 6-8). The proposed Zoning Code Amendment is not consistent with the Future Land Use map. 8. The proposed Zoning Code Amendment is not consistent with the purpose of the I-Flex District to preserve, protect, enhance and perpetuate existing development in the district. 9. The proposed Zoning Code Amendment is not consistent with the purpose of the I-Flex District to attract new development that is compatible with existing development in the district in terms of use, performance, character, quality and appearance of buildings and sites. 10. The proposed Zoning Code Amendment is not consistent with the economic development goal within the 2030 Comprehensive Plan to, “Promote the development, redevelopment, and maintenance of a viable, innovative, and diverse business environment serving Arden Hills and the metropolitan area” (Arden Hills 2030 Comprehensive Plan, at 8-1). The “schools, higher education” land use does not create the same intensity of employment as the existing uses in the I-Flex Zoning District. 11. The existing buildings create the opportunity for multiple new businesses that are compatible with existing development in the I-Flex District to locate within community of Arden Hills. ARDEN HILLS PLANNING COMMISSION – November 9, 2016 6 12. The proposed Zoning Code Amendment is premature given the study ordered by the City Council as part of the Interim Ordinance No. 2016-008. Mr. Zweber stated based on the findings of fact, staff recommends denial of Planning Case 16- 028 for a Zoning Code Amendment and therefore the Conditional Use Permit at 1265 Grey Fox Road. Based on its review of the Zoning Code and the 2030 Comprehensive Plan, staff has concluded that the proposal from the University to expand their campus to 1265 Grey Fox Road is not consistent with the purpose of the I-Flex District to maintain employment and industrial uses or the goals of the 2030 Comprehensive Plan, and that the higher education school use would be incompatible with the other uses currently allowed in the I-Flex District, and is premature given the study ordered by the City Council as part of Ordinance No. 2016-008. Mr. Zweber reviewed the options available to the Planning Commission on this matter: 1. Recommend Denial 2. Recommend Approval with Conditions 3. Recommend Approval as Submitted. 4. Table Chair Thompson opened the floor to Commissioner comments. Commissioner Lambeth asked if the Purchase Agreement was contingent upon City approval. Mr. Zweber deferred this question to the applicant. Commissioner Lambeth questioned if there had been other inquiries on this site. Mr. Zweber explained Colliers has had other inquiries on this site. Commissioner Bartel inquired what the tax implications would be if this site were to be changed to an higher education school use. Mr. Zweber deferred this question to the City Attorney. City Attorney Jamnik advised that the University of Northwestern is tax exempt under Minnesota State Statute and would therefore not pay taxes on this property. He explained Northwestern has proposed a payment in lieu of taxes to the City. However, staff has not spent a great deal of time reviewing this offer due to the fact staff has recommended denial of the zoning code amendment. Commissioner Jones asked for comment from staff on Northwestern’s approved Campus Master Plan. Mr. Zweber stated a general academic building was proposed that would have been located on the Arden Hills side of the campus, along with a large dormitory and parking lot on the Roseville side of the campus. Commissioner Gehrig understood the Council had taken action to study the I-Flex zoning district further over the next 12 months. ARDEN HILLS PLANNING COMMISSION – November 9, 2016 7 Mr. Zweber reported this was the case, but noted all zoning districts would be evaluated with regard to their compatibility to higher educational uses. He noted this action was taken on October 10, 2016. Chair Thompson opened the public hearing at 7:07 p.m. Chair Thompson invited anyone for or against the application to come forward and make comment. Alan Cureton, President of University of Northwestern, provided context as to why a proposal was being brought forward to the City of Arden Hills. He explained the University has seen increases in STEM degrees, which included science, technology, engineering and math. He agreed with staff that the 2007 Campus Master Plan did include future additional space including 60,000 square feet of academic space. He stated that the Smiths Medical facility is wonderful for the University because of the science labs for the students and offices for the faculty to move right into a science facility. He stated that the University has a pragmatic perspective on this request because a new science facility would likely cost up to $400 per square foot while the estimates to renovate the Smiths Medical facility is between $125 and $150 per square foot. Mr. Cureton stated he understood the City was working to attract strong businesses. He encouraged the City also see the benefit of raising talented and well-educated employees. He believed a strong workforce would attract businesses to the community. He discussed the number of individuals that would be retiring from the engineering and health care industries in the coming years. He saw an opportunity for the University to expand their programming to meet this need. The University would like to explore a partnership with the City, the local Colleges and Corporations (the Three C’s) to meet these needs and demands. While he understood the concerns of the City, he stated it was his hope Northwestern could partner with the City on this issue. There being no additional comment Chair Thompson closed the public hearing at 7:17 p.m. Chair Thompson requested comments from the Commission and if they believed a higher education school use belonged in the I-Flex zoning district. Commissioner Jones did not object to a higher education school use being located in the I-Flex zoning district. However, he did have concerns about the proposal given the Ordinance recently approved by the City Council. Chair Thompson loved the idea of having a large pool of talented employees but she did not see how the higher education school use would fit into the I-Flex district. Commissioner Bartel agreed this was not the right place for a higher education school use. He complemented the existing University of Northwestern site as walkable and bikeable with underpasses under their roads. He feared that Smiths Medical was not pedestrian friendly located within a industrial and commercial neighborhood and that it would be difficult to walk or bike from the main campus. He described that it is unsafe to bike along the freeway section of Snelling Avenue to Red Fox Drive and that the same crossing of Snelling would be at County Road E which would require biking all the way to Lexington Avenue to cross the railroad track and then come all the way back. He described the amount of industrial/commercial truck traffic that would continue to come in and out of this area due to the mix of businesses. ARDEN HILLS PLANNING COMMISSION – November 9, 2016 8 Commissioner Neururer agreed with Commissioner Jones that the proposal was premature given the study of higher education school uses that the City Council has ordered. Commissioner Lambeth understood the space was currently vacant and available. He questioned the capacity of the building for the University. Mr. Zweber reported Phase I of Northwestern’s plan would have 389 students and 43 faculty members and Phase II would have 646 students and 66 faculty members. Commissioner Jones expressed concern with Northwestern’s timeline and additional information on how additional space would be leased. Commissioner Neururer asked if the site had adequate parking. Mr. Zweber stated staff did not evaluate the parking on the site due to the fact it was determined the use did not fit the site. Commissioner Gehrig shared the same concerns that have been expressed. He is uncomfortable with a zoning text amendment for a specific project that would have implications for the City and for other projects down the road. He hopes that the school could still explore setting up a business incubator that would meet the demands of the workforce. He encouraged the City to work with the school and the business community on the business incubator concept at another more suitable site or revisit this site after the completion of the study. Chair Thompson moved and Commissioner Bartel seconded a motion to recommend denial of Planning Case 16-028 for a Zoning Code Amendment and Conditional Use Permit at 1265 Grey Fox Road based on the findings of fact and the submitted plans in the November 9, 2016, report to the Planning Commission. The motion carried 5-1 (Lambath opposed). C. Planning Case 16-029 – Bremer Bank – Preliminary & Final Plat, Master Planned Unit Development, Final Planned Unit Development, and Conditional Use Permit – 4061 Lexington Avenue North – Public Hearing Mr. Zweber stated Bremer Bank presently occupies the approximately 18,000 square feet two story bank/office building upon the 4.8-acre subject site, located at the southwest intersection of County Road F and Lexington Avenue. The majority of the parcel (approximately three acres) is undeveloped, and is forested and partially covered by wetlands. The existing Bremer Bank building has a footprint of approximately 6,000 square feet. The site includes a teller drive-up lane on the south side of the building and an ATM with a drive-up lane on the north side of the parking lot. There are two access points to the property: one on County Road F and the second on Lexington Avenue. The Lexington Avenue access is a limited, right in, right out access. Mr. Zweber reported Bremer Bank has owned and operated at this location since 2001. According to the applicant, the building design and functions have become obsolete by today’s operational standards. Bremer Bank indicates it would like to remain in Arden Hills as one of the community’s long term employers and corporate citizens, and re-energize the site with a new bank branch and complementary commercial development. ARDEN HILLS PLANNING COMMISSION – November 9, 2016 9 Mr. Zweber explained the applicant is requesting approval of a Planned Unit Development that would include demolition of the current Bremer Bank building, to be replaced with a new 2,750 square-foot bank facility. The PUD application also proposes an 11,500 square-foot (approximate) daycare facility and a 7,500 square-foot multi-tenant commercial building. It is planned that the multitenant building would include office, health care, restaurant, retail and other commercial uses. Mr. Zweber stated drive-up lanes are proposed for both the bank and the multi-tenant building. A total of 112 parking stalls are proposed for use between the three buildings. Phase 1 of the redevelopment would include the new bank and multi-tenant commercial buildings. The applicant expects construction on the bank to begin in June or July of 2017 and be completed by late 2017 or early 2018. Construction on the multi-tenant building would likely begin later in 2017. Phase 2 would be comprised of the daycare facility. A Final PUD application for Phase 2 is expected to be submitted in the spring of 2017. Mr. Zweber stated the application also includes requests for Preliminary and Final Plat approval. This process will subdivide the current parcel into three separate lots for the three proposed buildings. However, since the site is being developed as a Planned Unit Development, it would function as a whole and have a reciprocal easement agreement between the parcels to govern access, parking, maintenance, and other items. A separate outlot is also being created for stormwater management and drainage purposes. Mr. Zweber indicated the redevelopment of a site with a bank is unique because FDIC rules do not allow for a bank to close for construction. The applicant has proposed a plan where a temporary trailer will be installed within the northern most parking stalls of the parking lot while the existing bank is demolished and the new bank is constructed. Site Data Land Use Plan: Light Industrial and Office Existing Land Use: Light Industrial (office space, manufacturing and warehousing) Zoning: I-1: Limited Industrial District Current Lot Sizes: 4.86 acres Topography: The developed portion of the site contains the current bank building and parking lot. The three undeveloped acres are forested and partially covered by wetlands. Mr. Zweber reviewed the surrounding area, the Plan Evaluation, Surrounding Zoning Regulations, Sign Code, and Subdivision Code. Mr. Zweber provided the Findings of Fact for review: 1. The applicant is requesting approval of a Preliminary Plat, Final Plat, Master Planned Unit Development (PUD) Plan, Final PUD Plan and Conditional Use Permit for the Bremer Bank redevelopment project at 4061 Lexington Avenue North. 2. Phase 1 of the plan includes the demolition of the existing bank building, and the construction of the new bank and multi-tenant commercial building. 3. The PUD process allows for flexibility within the City’s regulations through a negotiated process with a developer. 4. Bremer Bank property is comprised of 4.86 acres. ARDEN HILLS PLANNING COMMISSION – November 9, 2016 10 5. The Bremer Bank property is located at 4061 Lexington Avenue North. 6. The Bremer Bank property is located in the I-1 – Limited Industrial District. 7. The bank and daycare uses are permitted uses in the I-1 – Limited Industrial District. 8. Flexibility through the PUD is requested to allow retail as a principal use on Lot 3, as it is currently only allowed as an accessory use in the I-1 District. 9. The Preliminary Plat, Final Plat, Master Planned Unit Development (PUD) Plan, Final PUD Plan and Conditional Use Permit are in substantial conformance with the requirements set forth in the City’s Zoning Code and design standards. 10. Where the plan is not in conformance with the City’s Zoning Code, flexibility has been requested by the applicant. 11. The applicant is requesting approval of a Preliminary and Final Plat to split the existing lot into three new lots. 12. The applicant is requesting Conditional Use Permit approval to allow a restaurant use in the multi-tenant commercial building on Lot 3. 13. Ramsey County reviewed the traffic counts expected for the development and the County does request adding a right turn lane to Lexington Avenue and no lane changes to County Road F. 14. The proposed plan is in conformance with the City’s 2030 Comprehensive Plan. The property at 4061 Lexington Avenue North is guided for Light Industrial and Office (I/O). The I/O area is designated for a broad range of light industrial uses such as warehousing with manufacturing and office. Mr. Zweber stated based on the submitted plans and findings of fact, staff recommends approval of Planning Case 16-029 for a Preliminary Plat, Final Plat, Master Planned Unit Development (PUD) Plan, Final PUD Plan and Conditional Use Permit at 4061 Lexington Avenue North. If the Planning Commission recommends approval of this request, staff recommends that the following twenty-five (25) conditions be included with the approval: 1. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. The applicant shall obtain the required building permits for Phase 1 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. The Final PUD application for Phase 2 of the redevelopment shall be submitted no later than December 31, 2018, or at least forty-five (45) days prior to such date, an extension of time to apply for the Phase 2 Final PUD shall be requested. 4. A Master PUD Agreement and Phase 1 Development Contract shall be prepared by the City Attorney and subject to City Council approval. The Master PUD Agreement and Phase 1 Development Contract shall be executed prior to the issuance of any development permits for Phase 1. 5. The applicant shall file the Final Plat with Ramsey County within 180 days of the approval from the City. 6. The applicant shall provide a construction phasing plan that includes plans for fire access throughout construction, subject to the approval of the Fire Marshall and Public Works Director prior to the issuance of any development permits. 7. The Developer shall submit a financial surety in the amount of $200,000 for site improvements, including grading, utilities, and paving, prior to the issuance of any ARDEN HILLS PLANNING COMMISSION – November 9, 2016 11 development permits. Upon completion of required Developer improvements, and acceptance by the City, the City may reduce the amount of security for the improvements still to be completed. 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 private site improvements stabilized in the event that the Developer defaults on the Master PUD Agreement and Phase I Development Contract. 8. The Developer shall submit a cash escrow for site improvements, including grading, utilities, and paving, in the amount of $20,000 prior to the issuance of any development permits. 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. If at any time during the course of construction on the project the amount in the account is reduced to below $5,000, the Developer shall replenish the account to not less than $20,000. In the event there is a failure to replenish the account in accordance with the terms of the Agreement, the City has the right to withhold the issuance of a Certificate of Occupancy until the deficiency is paid. Upon completion of the project, payment of all outstanding bills and satisfaction of this Agreement, the City shall refund the remainder of the account to the Developer. 9. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of any development permits. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank. The letter of credit shall automatically renew for successive one year terms unless at least sixty (60) days prior to the next annual renewal date, the issuing bank delivers notice to the City that it intends to modify the terms of, or cancel, the letter of credit. A partial reduction in the letter of credit may be granted by the City in the event that landscaping improvements are installed over successive growing seasons. 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. 10. The Developer shall submit a cash escrow for landscaping improvements in the amount of $15,000 prior to the issuance of any development permits. 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. 11. The Developer shall make a cash payment of $14,150 as fee-in-lieu of tree replacement. 12. The proposed project may require permits, including, but not limited to, MPCA NPDES, Rice Creek Watershed District, Minnesota Department of Health, 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. 13. The final plans for Phase 1 shall be subject to approval by the City Engineer, Building Official, and Fire Marshal prior to the issuance of a grading and erosion control permit. 14. 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. 15. 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. 16. Add crosswalk striping to all locations where the sidewalks cross an access drive or public street. 17. All sidewalk crossing ramps shall be constructed to ADA standards 18. Wall signage on the multi-tenant retail building shall comply with City Code Section 1250.01. ARDEN HILLS PLANNING COMMISSION – November 9, 2016 12 19. The sign copy area for the two freestanding monument signs shall be reduced to no more 45 square feet total. 20. The retail principal use shall be restricted to the multi-tenant commercial building on Lot 3. 21. Restaurant or restaurant-fast food uses shall be restricted to the multi-tenant commercial building on Lot 3 and shall not occupy more than 2,500 square feet of the building. 22. The developer shall install all landscaping for Lot 1 and Lot 3 and the landscaping at the County Road F and Lexington Avenue entrance drives as part of the Phase 1 improvements. 23. The developer shall modify the Landscape Plan to include a minimum of ten (10) percent parking lot island coverage within the parking lot area. 24. The applicant shall submit an agreement for shared management and maintenance of the parking areas, landscaping, stormwater facilities, and common areas prior to the City executing the Final Plat. 25. The applicant shall conform to all other City regulations. Mr. Zweber 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 Lambeth understood the site would require a great deal of grading and a large number of trees would be removed from the site. He asked for further information on the proposed retaining wall. Mr. Zweber explained the retaining wall would be constructed with the initial construction and would be needed in order to properly cut and fill the hill on the property. He reported the wall would be professionally engineered due to the fact the wall was higher than four feet in height and a building permit would be required. Chair Thompson questioned where the signs would be located. Mr. Zweber reviewed the location of the monument signs and the existing pylon sign. Commissioner Gehrig asked if there was additional opportunity to plant more trees. Mr. Zweber commented on the location of the greenspace on the site. He reported no trees could be located within the utility easement along County Road F. Commissioner Gehrig questioned if there was an opportunity to have additional islands in the parking lot. Mr. Zweber did not believe this to be the case. Commissioner Neururer questioned how the payment of a fee in lieu of tree replacement would work. ARDEN HILLS PLANNING COMMISSION – November 9, 2016 13 Mr. Zweber explained the City would receive a cash fee from the applicant in lieu of planting trees on the site. These funds could then be used to plant trees throughout the City. Chair Thompson opened the public hearing at 8:11 p.m. Chair Thompson invited anyone for or against the application to come forward and make comment. Dave Anderson, Frauenshuh, introduced himself to the Planning Commission and explained he was working with Bremer Bank on this project. Carla Lawrence, Bremer Bank, further described the vision for the Bremer Bank project. She was pleased Bremer Bank would remain in the community and was excited about the Arden Hills project. Mr. Anderson thanked staff for their thorough report and discussed the constraints on the site surrounding its topography. He requested the Commission allow for 50 square feet on each side of the monument sign and consider greater flexibility regarding the restaurant use in the multi- tenant building allowing for up to 3,000 square feet. There being no additional comment Chair Thompson closed the public hearing at 8:17 p.m. Chair Thompson requested further information on the comment provided by Ramsey County. Mr. Zweber discussed the letter from the County and described the right turn lane being required by the County. When staff met with Ramsey County they opened the door for the developer to provide evidence that the right turn lane would be infeasible. If that evidence is provided they would consider revising their comment letter. Accommodating the turn-lane would require a pretty significant revision to the site plan. Commissioner Jones supported the existing Lexington Avenue entrance remain as is. Mr. Zweber stated that it would make more sense to focus on the access to County Road F, rather than Lexington Avenue. Commissioner Gehrig questioned what the speed limit was along Lexington Avenue. Mr. Zweber reported the speed limit was 40 miles per hour. Commissioner Jones asked if the county’s concern on County Road F would be two cars attempting to make left turns at the staggered entries. Mr. Zweber stated that was correct. Commissioner Jones did not object to a restaurant at this location or the increased size. He did not believe a fast-food restaurant would be a good fit and preferred that a sit-down restaurant be chosen for the site. Commissioner Neururer asked why the City set a 2,500-square foot limit for the restaurant use. ARDEN HILLS PLANNING COMMISSION – November 9, 2016 14 Mr. Zweber explained this use within the site would generate the most amount of traffic and was therefore limited to 2,500 square feet. However, he did not believe that increasing the site to 3,000 square feet would adversely impact traffic. Commissioner Neururer recommended a condition for approval be added which would require the County Road F entrance be moved to the west. Commissioner Neururer moved and Commissioner Jones seconded a motion to recommend the addition of Condition 26 requiring the County Road F entrance to be moved to the west to align with the entrance driveway for the property at 4105 Lexington Avenue North. The motion carried unanimously (6-0). Commissioner Jones supported the restaurant use size being 3,000 square feet. Commissioner Jones moved and Commissioner Lambeth seconded a motion to recommend approval of Planning Case 16-029 for a Preliminary and Final Plat at 4061 Lexington Avenue North based on the findings of fact and the submitted plans, as amended by the twenty-six (26) conditions revising Condition 19 to allow the monument signs to be up to 50 square feet of copy area and Condition 21 to allow the restaurant use on Lot 3 to occupy up to 3,000 square feet in the November 9, 2016, report to the Planning Commission. The motion carried unanimously (6-0). Commissioner Neururer moved and Commissioner Gehrig seconded a motion to recommend approval of Planning Case 16-029 for a Master Planned Unit Development (PUD) Amendment for the entire site & Final PUD for Lot 1 and 3 include drive-thru windows, retail as a principal use, no public frontage on Lot 2, reduced east side yard setback for Lot 2, and fee-in-lieu of tree replacement at 4061 Lexington Avenue North, based on the findings of fact, submitted plans, and the twenty-six (26) conditions outlined revising Condition 19 to allow the monument signs to be up to 50 square feet of copy area and Condition 21 to allow the restaurant use on Lot 3 to occupy up to 3,000 square feet in the November 9, 2016, report to the Planning Commission. The motion carried unanimously (6-0). Commissioner Gehrig moved and Commissioner Bartel seconded a motion to recommend approval of Planning Case 16-029 for a Conditional Use Permit to allow for restaurants at 4061 Lexington Avenue North, based on the findings of fact, submitted plans, and the twenty-six (26) conditions revising Condition 19 to allow the monument signs to be up to 50 square feet of copy area and Condition 21 to allow the restaurant use on Lot 3 to occupy up to 3,000 square feet in the November 9, 2016, report to the Planning Commission. The motion carried unanimously (6-0). UNFINISHED AND NEW BUSINESS None. REPORTS ARDEN HILLS PLANNING COMMISSION – November 9, 2016 15 A. Report from the City Council Mayor Grant updated the Planning Commission on City Council activities from the October 31, 2016 City Council Regular Meeting, stating the City Council reviewed and approved Planning Case 16-024 for a Final PUD at 1150 County Road E West for the development of a MedExpress medical clinic. The City Council added a condition restricting the hours that the interior lighting in the two tower features can be on, and a condition that the building be constructed of brick masonry. The Planning Commission recommended approval (4-0) of this case at their meeting on October 5, 2016. Mayor Grant discussed the recent election results and noted Councilmembers Holden and Councilmember McClung had been reelected. In addition, he reported Steve Scott had been elected to the City Council. B. TCAAP Update Mayor Grant provided the following update on TCAAP: Meetings • The City Council held work sessions with the Master Development Team on October 10, 17, and 31 to review proposed changes to the TCAAP Redevelopment Code and the Regulating Plan that are needed to support the Developer’s proposed Master Plan. Communications • The City will hold an open house on Wednesday, November 16th in order to provide the community with an opportunity to share their input on the updated development plans for TCAAP. The open house will take place from 4:00 to 7:30 p.m. in the Marsden Room at the Ramsey County Public Works building located at 1425 Kirkwold Drive. A mailing announcing the open house will be sent to all residents and businesses in the City, and the event will be promoted on the City’s website and social media pages. Chair Thompson questioned how information would be gathered at the open house. Mayor Grant reported there would be a number of ways information would be gathered, stating a feedback form would be available for residents wishing to provide the City Council with comments. He strongly encouraged the Planning Commission to attend the open house on Wednesday, November 16th. C. Planning Commission Comments and Requests None. D. Staff Comments Mr. Zweber introduced Hannah Rybak from WSB to the Planning Commission. ADJOURN Chair Thompson moved, seconded by Commissioner Jones, to adjourn the November 9, 2016, Planning Commission Meeting at 8:40 p.m. The motion carried unanimously (6-0). ARDEN HILLS PLANNING COMMISSION – November 9, 2016 16