HomeMy WebLinkAbout04-05-17 PC
Approved: May 3, 2017
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, APRIL 5, 2017
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 Nick Gehrig, Steven Jones, James
Lambeth, and Phillip Neururer.
Absent: Commissioners Angela Hames, Brent Bartel and Clayton Zimmerman.
Also present were: Senior Planner Matthew Bachler, Hannah Rybak (WSB) and Councilmember
Steve Scott.
APPROVAL OF AGENDA – APRIL 5, 2017
Chair Thompson stated the agenda will stand as published.
APPROVAL OF MINUTES
March 8, 2017 – Planning Commission Regular Meeting
Commissioner Lambeth moved, seconded by Commissioner Jones, to approve the March 8,
2017, Planning Commission Regular Meeting minutes as presented. The motion carried
unanimously (5-0).
PLANNING CASES
A. Planning Case 17-007; 3517 Siems Court - Variance –No Public Hearing Required
Hannah Rybak, WSB, stated the property at 3517 Siems Court is located in the R-1 District on
the northeast side of Lake Johanna. The applicants have proposed taking down the existing
dwelling on the property and constructing a new single-family dwelling. The new house would
consist of one level with a walkout basement facing Lake Johanna. Overall, the structure would
ARDEN HILLS PLANNING COMMISSION – APRIL 5, 2017 2
have an area of 2,549 square feet. Included in this footprint are a 792-square foot attached garage
and a 64-square foot porch.
Ms. Rybak reported one setback variance is needed for the proposed dwelling. The required
front yard setback in the R-1 District is 40 feet. Due to other considerations on the lot, the
applicants have proposed at 25-foot front yard setback. A variance is needed for the dwelling to
encroach 15 feet into the required setback. The existing dwelling on the property is considered to
be legal nonconforming because it encroaches approximately 18.7 feet into the 40-foot setback.
Site Data
Land Use Plan: Low Density Residential
Existing Land Use: Single Family Detached Residential
Zoning: R-1: Single Family Residential
Current Lot Sizes: 0.74 Acres (31,722 square feet)
Topography: Slopes down approximately 35 feet from southeast corner of
property to Lake Johanna ordinary high water level
Ms. Rybak reviewed the surrounding area, the Plan Evaluation and the Variance Evaluation
Criteria.
Ms. Rybak provided the Findings of Fact for review:
General Findings:
1. The property at 3517 Siems Court is located in the R-1 Single Family Residential Zoning
District.
2. The lot is a conforming lot within the R-1 District.
3. The applicants have proposed taking down the existing dwelling on the property and
constructing a new single-family dwelling.
4. The proposed principal structure would encroach 15 feet into the front yard setback,
creating a setback of 25 feet from the Siems Court property line. The minimum front yard
setback in the R-1 District is 40 feet.
5. All other aspects of the proposed construction are in conformance with the Zoning Code
requirements for the R-1 District.
6. The proposed dwelling would not encroach on any flood plains, wetlands, or easements.
Variance Findings:
7. The variance would be in harmony with the purpose and intent of the City’s Code
because the dwelling would be constructed in a location to preserve the property’s natural
features and neighboring views of Lake Johanna.
8. The variance would be consistent with the City’s Comprehensive Plan because it meets
the City’s housing goal of encouraging property reinvestment that complements and
enhances the character of the City’s established neighborhoods.
9. The proposed construction of a new single-family dwelling is a reasonable use of the
property that would not be allowed under the rules of the Zoning Code without the
requested variance.
10. The property is unique and presents development challenges because of its topography.
The unique characteristics of the property were not created by the property owners.
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11. The proposed dwelling would not alter the essential character of the neighborhood
because it would result in a structure that is consistent and compatible with other
construction in the area.
12. The requested variance does not appear to be based on economic considerations alone.
Ms. Rybak stated based on the submitted plans and findings of fact, staff recommends approval
of Planning Case 17-007 for a Variance at 3517 Siems Court. If the Planning Commission votes
to recommend approval of Planning Case 17-007, staff is recommending the following four (4)
conditions of 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. A Grading and Erosion Control permit shall be required prior to the issuance of a
Building Permit.
3. A Building Permit shall be required prior to commencement of construction.
4. The structure shall conform to all other regulations in the City Code.
Ms. Rybak 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 staff had an overhead view of the neighborhood.
Ms. Rybak reviewed an overhead view of the homes on their lots for this street and noted the
proposed setback would be keeping in line with the neighborhood.
Commissioner Lambeth stated he lived near this property and he understood the grade of the
rear lot was extremely steep. He stated it would be impractical to require this property to meet
the City’s setback requirements. For this reason, he stated he would be supporting the requested
variance.
Chair Thompson asked if the retaining walls had been reviewed by the City Engineer.
Senior Planner Bachler noted the retaining walls had been reviewed by the City Engineer. He
noted the location of the retaining walls was within an easement and would have to be moved.
He explained staff received an updated site plan from the applicant pushing the retaining walls
outside of the easement. He noted that the City Engineer would need to verify the location of the
retaining wall before issuing a Grading and Erosion Control Permit.
Chair Thompson questioned if the City had received any comments from the neighbors.
ARDEN HILLS PLANNING COMMISSION – APRIL 5, 2017 4
Ms. Rybak reported staff had not received any comments.
Commissioner Gehrig moved and Commissioner Neururer seconded a motion to
recommend approval of Planning Case 17-007 for a variance at 3517 Siems Court, based on
the findings of fact and submitted plans, as amended by the four (4) conditions in the April
5, 2017, Report to the Planning Commission. The motion carried unanimously (5-0).
B. Planning Case 17-008; Lexington Station – Master PUD Amendment and Final PUD
Phase 2 – Public Hearing
Senior Planner Bachler stated in 2013, the City approved a Master PUD for the Lexington
Station redevelopment project at the southwest corner of Lexington Avenue North and Red Fox
Road. The total project area is 7.57 acres in size and is comprised of three separate parcels (3833
and 3771 Lexington Avenue and 1120 Red Fox Road). Phase 1 of the redevelopment was
completed in 2013-2014 and included the demolition of the former Blue Fox Restaurant and the
construction of a 15,340-square foot multi-tenant commercial building.
Senior Planner Bachler reported the approved Master PUD identified Phase 2 as the
remodeling of the existing light industrial building at 1120 Red Fox Road for an approximately
17,000 square foot retail use. Phase 3 included the demolition of the existing building at 3771
Lexington Avenue, and the construction of a new multi-tenant commercial building and two
retail/office two-story buildings. Roberts Management is requesting an amendment for Phases 2
and 3 of the approved PUD.
Senior Planner Bachler explained Roberts Management has proposed modifications to the
Master PUD based on changes in market demand and from their experience with Phase 1 of the
development. For Phase 2, the existing building at 1120 Red Fox Road would be demolished and
a new 16,922 square foot retail/office building would be constructed in its place. The proposed
floor plan shows a total of 12 tenant bays within the building with the two bays at the north and
south end of the building being slightly larger in size. The building would be repositioned closer
to the western property boundary, which would allow for construction of a greater number of
parking stalls to serve the two buildings. Phase 2 calls for an additional 155 parking stalls, which
would bring the total number of spaces for the first two phases to 230. A drive-up window has
also been added on the south side of the building.
Senior Planner Bachler indicated for Phase 3, the footprint of the multi-tenant commercial
building on Lexington Avenue has been reduced to 15,210 square feet. A drive-up window has
also been added on the north side of the building and would be accessed by a drive lane along the
east side of the building. The two retail/office buildings would be replaced by one 17,841 square
foot retail building at the southwest corner of the site. The original proposal had included some
underground parking for the two retail/office buildings and this would be replaced by additional
surface parking. After the completion of Phase 3, the total number of parking stalls for the
development would be 413.
Senior Planner Bachler stated with the completion of Phase 2, three driveways would provide
access to the site: two on Red Fox Road and one on Lexington Avenue. A new access driveway
would be constructed in conjunction with Phase 3 on Lexington Avenue in alignment with the
Target service road, and the existing Lexington Avenue driveway would be closed.
ARDEN HILLS PLANNING COMMISSION – APRIL 5, 2017 5
Senior Planner Bachler commented Roberts Management anticipates they will commence work
on Phase 2 this year with the demolition of the existing building at 1120 Red Fox Road and the
expansion of the shared parking areas for Phases 1 and 2. Construction on the Phase 2 building
would likely take place during 2018. Phase 3 is expected to be completed between 2021 and
2023.
Site Data
Land Use Plan: Commercial
Existing Land Use: Multi-tenant commercial, office/flex industrial
Zoning: B-3: Service Business District
Current Lot Sizes: 7.57 Acres
Topography: Level
Senior Planner Bachler reviewed the surrounding area, the Plan Evaluation and the Design
Standards.
Senior Planner Bachler provided the Findings of Fact for review:
1. The properties located at 3771 and 3833 Lexington Avenue North and 1120 Red Fox
Road are located in the B-3 – Service Business District.
2. The City approved a Planned Unit Development comprised of 3771 and 3833 Lexington
Avenue North and 1120 Red Fox Road on July 8, 2013 in Planning Case 13-003.
3. The applicant has proposed an amendment to the approved Planned Unit Development in
order to reconfigure the parking and site layout and building orientation and size for
Phase 2 and Phase 3 of the redevelopment project.
4. The applicant has submitted a Final Planned Unit Development for Phase 2 of the
redevelopment project.
5. The Master PUD Amendment and Final PUD for Phase 2 are in substantial conformance
with the PUD approved in Planning Case 13-003 and the requirements of the City Code.
6. Where the plan is not in conformance with the City Code, flexibility has been requested
by the applicant and/or conditions have been placed on an approval that would mitigate
the nonconformity.
7. Flexibility through the PUD process has been requested in the following areas: landscape
coverage, drive-up window requirements, planting island coverage, location and number
of off-street parking stalls, building materials, site furnishings and seating, and
freestanding signage.
8. The proposed development plans exceed the minimum requirements of the City Code in
the following areas: minimum caliper inches, street trees, and commercial façade
transparency.
9. The Master PUD Amendment and Final PUD for Phase 2 are in conformance with the
Arden Hills 2030 Comprehensive Plan. The properties at 3771 and 3833 Lexington
Avenue North and 1120 Red Fox Road are guided for Commercial. The Commercial land
use category is applied to areas designated for a broad range of retail shopping and
services to meet the needs of the community. Compatible uses such as office buildings
are also intended for this area.
10. The application is not anticipated to create a negative impact on the immediate area or the
community as a whole.
ARDEN HILLS PLANNING COMMISSION – APRIL 5, 2017 6
Senior Planner Bachler stated based on the submitted plans and findings of fact, staff
recommends approval of Planning Case 17-008 for a Master PUD Amendment and Final PUD at
3771 and 3833 Lexington Avenue North and 1120 Red Fox Road. If the Planning Commission
votes to recommend approval of Planning Case 17-008, staff is recommending the following
nineteen (19) conditions of approval:
1. The Developer shall continue to abide by the conditions of all previous Master PUD
Agreements, permits, and reviews, except as hereinafter amended.
2. 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 the City
Council.
3. The Developer shall obtain the required development permits within one year of the
approval date 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.
4. A PUD Amendment and Phase 2 Development Agreement shall be prepared by the City
Attorney and subject to City Council approval. The Agreement shall be executed prior to
the issuance of any development permits.
5. The Developer shall submit a financial surety in the amount of 125 percent of the
estimated costs of site improvements including grading, utilities, and paving, prior to the
issuance of any development permits. The financial surety shall be in the form of a letter
of credit issued by a FDIC-insured 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. 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. The escrow will be used for City costs related to review,
approval, and inspection of site improvements or any costs incurred by the City in the
event of a developer default.
7. The Developer shall submit a financial surety in the amount of 125 percent of the
estimated costs of landscaping prior to the issuance of any development permits. The
financial surety shall be in the form of a letter of credit issued by a FDIC-insured bank.
The purpose of the letter of credit is to ensure that landscaping is completed in the event
that the developer defaults on the Development Agreement. The City will hold the letter
of credit for two years after the installation of landscaping. The letter of credit should not
expire during the two-year period.
8. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated
costs of landscaping prior to the issuance of 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.
9. The Developer shall provide the City with a copy of the Rice Creek Watershed District
permit for the project prior to the issuance of any development permits.
10. Final grading, drainage, utility, and site plans shall be subject to approval by the City
Engineer, Building Official, City Planner, and Fire Marshall prior to the issuance of a
Grading and Erosion Control Permit or other development permits.
11. The Developer shall obtain a Right-of-Way Permit from the City for any construction
work required for the development within the Red Fox Road right-of-way.
ARDEN HILLS PLANNING COMMISSION – APRIL 5, 2017 7
12. The proposed monument sign on Red Fox Road shall be redesigned so that it conforms to
the freestanding sign standards for Sign District 5, as defined in Section 1240.02 of the
City Code.
13. All roof-mounted mechanical equipment shall be screened from ground-level view of
public streets. Wood screening shall not be permitted.
14. The Rock Face CMU-2 building material shall have a color consistent with the Brick
building material, as shown on Sheet A3.1.
15. The western access driveway on Red Fox Road shall be redesigned to have the same
radius as the eastern access driveway on Red Fox Road.
16. Sheet C2 shall be revised to include “Do Not Enter” and “One-Way” signs for the Phase
2 drive-thru.
17. Prior to City Council review, the parking stalls at the southwest corner of the Phase 2 site,
immediately south of the trash enclosure, shall be removed from the development plans
so as to allow for adequate fire truck circulation.
18. The Developer shall provide the City with a copy of the Shared Parking Agreement that
provides for shared parking between 3833 Lexington Avenue and 1120 Red Fox Road
prior to the issuance of a building permit for Phase 2.
19. The PUD Amendment and Phase 2 Development Agreement shall address the
Developer’s responsibility for the cost of the eastbound right-turn lane at the Red Fox
Road and Lexington Avenue intersection scheduled to be constructed as part of the
Ramsey County improvement project for Lexington Avenue in 2020.
Senior 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 Jones asked if the plan included a stormwater drainage system.
Senior Planner Bachler noted the plan included an underground stormwater drainage system,
similar to the system that was installed for Phase 1.
Commissioner Lambeth expressed concern with the turning radiuses depicted in the plan for
fire trucks. He questioned if there was any opportunity to modify the plan to provide for
improved safety.
Senior Planner Bachler explained the plans were reviewed by the Lake Johanna Fire Marshal.
He indicated the Fire Marshal recommended the parking stalls at the southwest corner of the site
be removed.
Commissioner Gehrig inquired where the monument sign would be located.
ARDEN HILLS PLANNING COMMISSION – APRIL 5, 2017 8
Senior Planner Bachler discussed the location of the monument sign noting it would be at the
more easterly driveway access, on the western side of the driveway.
Commissioner Gehrig asked how many tenants would be using the monument sign.
Senior Planner Bachler reported the building could have up to 12 tenants.
Chair Thompson questioned where signage would be located and how traffic would flow for
Phase 3 of this development.
Senior Planner Bachler discussed the approved PUD for Lexington Station and commented on
the location of the Phase 1 monument sign, along with the proposed locations of the Phase 2 and
Phase 3 monument signs. He explained the existing Lexington Avenue driveway access would
be removed during Phase 3 of the development and replaced with a new driveway in alignment
with the Target service road.
Commissioner Jones requested the Phase 3 monument sign be smaller in size.
Chair Thompson asked that the applicant come forward at this time.
Nicholas Roberts, Roberts Management Group, thanked the Commission for their time and
consideration. He commented on the proposed PUD for Phase 2 of Lexington Station.
Chair Thompson questioned what type of tenants would be occupying Phase 2.
Mr. Roberts anticipated this portion of the development would house quick serve food,
chiropractor, cell phone and retail tenants.
Commissioner Jones asked if the tenants within the building that will be redeveloped for Phase
3 would be encouraged to move into the Phase 2 building.
Mr. Roberts indicated he would be contacting these businesses to discuss this opportunity.
Commissioner Jones stated he would love to see a stop light at the new intersection on
Lexington Avenue.
Chair Thompson inquired if the applicant supported removal of several parking spaces in the
southwest corner of the site in order to improve fire access.
Mr. Roberts commented he supported this recommendation from staff.
Chair Thompson requested further information on how delivery trucks would flow through the
site.
Mr. Roberts described how delivery trucks would flow through Phase 1 and Phase 2 of the
property.
ARDEN HILLS PLANNING COMMISSION – APRIL 5, 2017 9
Commissioner Lambeth asked for additional comment from the applicant on the monument
sign.
Mr. Roberts explained he was trying to keep the monument signs for Phase 1 and Phase 2
similar in size. He noted the Phase 1 monument sign has seven tenant panels at this time.
Commissioner Jones understood the Phase 1 sign was 20 feet in height. He stated he supported
the 26-foot-high monument sign for Phase 2 given the proposed location.
Chair Thompson questioned if the monument sign location could be relocated.
Mr. Roberts stated this could be considered, but stated he was trying to put the monument sign
relatively close to the new businesses.
Chair Thompson inquired if any of the tenants within Phase 2 would require outdoor seating.
Mr. Roberts explained he had provided space for outdoor seating on the east and north side of
the building. He indicated he did not have a specific tenant in mind, but noted he would be
working to find a user that was interested in utilizing this outdoor space.
Commissioner Lambeth questioned when this project would begin construction.
Mr. Roberts commented he would begin construction on the Phase 2 building in the spring of
2018.
Commissioner Neururer discussed Condition #12 and asked if staff was recommending a 16-
foot monument sign.
Senior Planner Bachler stated this was correct, staff was recommending the monument sign on
Red Fox Road be a maximum of 16 feet in height.
Mr. Roberts requested the Commission allow him a small amount of flexibility with regard to
the monument sign.
Chair Thompson opened the public hearing at 7:42 p.m.
Chair Thompson invited anyone for or against the application to come forward and make
comment.
There being no additional comment Chair Thompson closed the public hearing at 7:43 p.m.
Commissioner Gehrig did not believe this development should be held strictly to the sign code
given the number of potential tenants and because the sign was offset from Lexington Avenue.
He was uncertain if 26 feet was the correct height, but believed this was reasonable.
Chair Thompson commented on the monument sign and stated she believed the design was
favorable given the proposed location of the Phase 2 building. She explained she would support
a sign larger than 16 feet in height to ensure patrons could properly find the new businesses.
ARDEN HILLS PLANNING COMMISSION – APRIL 5, 2017 10
Commissioner Lambeth agreed with this comment.
Commissioner Jones supported the Phase 2 sign being 26 feet in height.
Commissioner Lambeth asked if the monument sign would be illuminated.
Mr. Roberts reported this was the case and noted the Phase 2 sign would match the Phase 1
monument sign in terms of its design.
Chair Thompson requested signage be posted internally within Lexington Station to slow traffic
down. She asked how the Commission would like to address Condition 12.
Senior Planner Bachler recommended Condition 12 be eliminated if the Commission supported
the applicants sign as presented.
Commissioner Gehrig suggested Condition 12 read: The proposed monument sign on Red Fox
Road shall be proportionate to the existing Lexington Station monument signage, but allowing
for additional tenant space.
Chair Thompson understood the applicant was requesting smaller building signage in order to
allow for a larger monument sign.
Senior Planner Bachler reported this was the case. He recommended a new condition be added
stating for the record that each of the internal tenants would be allowed 40 square feet of wall
signage and the end tenants would be allowed to have 60 square feet of wall signage.
Commissioner Jones supported the development having a slightly larger monument sign with
smaller wall signs. He recommended that Condition #12 be removed and that Condition #20 be
added.
Chair Thompson supported the 26-foot monument sign along with the reduced size of the wall
signage.
Commissioner Jones moved and Commissioner Lambeth seconded a motion to recommend
approval of Planning Case 17-008 for a Master PUD Amendment and Final PUD at 3771
and 3833 Lexington Avenue North and 1120 Red Fox Road, based on the findings of fact
and submitted plans, as amended by the eighteen (18) conditions, in the April 5, 2017,
Report to the Planning Commission, striking Condition 12 and adding Condition 20 to
read: Each of the internal tenants will be allowed 40 square feet of wall signage and the end
tenants will be allowed to have 60 square feet of wall signage. The motion carried
unanimously (5-0).
UNFINISHED AND NEW BUSINESS
None.
ARDEN HILLS PLANNING COMMISSION – APRIL 5, 2017 11
REPORTS
A. Report from the City Council
Councilmember Scott updated the Planning Commission on City Council activities from the
March 13, 2017 City Council Regular Meeting stating the City Council approved Planning Case
17-002 for a Site Plan Review on Boston Scientific’s campus. The application was for the
construction of a new parking and drop-off area for the Building 10 daycare facility. The
Planning Commission reviewed this case at their meeting on February 8, 2017, and unanimously
recommended approval. In addition, the City Council approved a proposal from WSB &
Associates to complete the 2040 Comprehensive Plan Update. The Comprehensive Plan Update
is expected to be completed by January 2018. The Planning Commission will be discussing
components of the Plan at several upcoming meetings. The next meeting this item is scheduled to
be discussed is on June 7, 2017, when the Planning Commission will review topics on land use
and housing.
Councilmember Scott updated the Planning Commission on City Council activities from the
March 20, 2017 City Council Work Session stating the City Council reviewed a Concept Plan
Review from Lyngblomsten for a senior housing project on the south end of the North Heights
Lutheran Church property located at 1700 West Highway 96. The concept plan included the
construction of up to 200 units comprised of a full continuum of care on an approximately 6-acre
development parcel. The proposal would require a Comprehensive Plan Amendment, rezoning,
Conditional Use Permit for a nursing home and assisted living, Planned Unit Development, and
Preliminary and Final Plat.
B. Planning Commission Comments and Requests
Commissioner Lambeth stated he attended the WSB Planning 101 training last Saturday. He
commended Ms. Rybak and her associates for their great work.
C. Staff Comments
None.
ADJOURN
Commissioner Jones moved, seconded by Commissioner Gehrig, to adjourn the April 5,
2017, Planning Commission Meeting at 8:17 p.m. The motion carried unanimously (5-0).