HomeMy WebLinkAbout01-05-11 PC
Approved:
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, JANUARY 5, 2011
6:30 P.M. - ARDEN HILLS CITY HALL
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Vice-Chair Roberta Thompson called to order the
regular Planning Commission meeting at 6:30 p.m.
ROLL CALL
Present were: Vice-Chair, Roberta Thompson, Commissioners Clayton Zimmerman,
Andy Holewa, Elizabeth Modesette, Daniel Reiff, Samuel Scott, and Angela Hames
(alternate).
Absent: Chair Clayton Larson.
Also present were: Community Development Director, Jill Hutmacher; City Planner,
Meagan Beekman; Councilmember, Fran Holmes; Community Development Intern, Mei-
Ling Anderson; and Recording Secretary, Tina Borg.
APPROVAL OF AGENDA – January 5, 2011
The Agenda was approved as presented.
APPROVAL OF MINUTES
A. December 8, 2010 – Planning Commission Regular Meeting
Commissioner Zimmerman stated the motion to approve the December 8, 2010, minutes
was seconded by Commissioner Modesette.
Commissioner Zimmerman stated on page 2, the fourth paragraph, the Community
Development Director’s name should be changed to Jill Hutmacher.
Commissioner Zimmerman moved, seconded by Commissioner Holewa, to approve
the December 8, 2010, Planning Commission Regular Meeting Minutes as amended.
The motion carried unanimously (7-0).
ARDEN HILLS PLANNING COMMISSION – January 5, 2011 2
PLANNING CASES
A. Planning Case 11-001; Master and Final Planned Unit Development; 1313 County
Road E; McDonald’s, USA LLC – Public Hearing
City Planner Meagan Beekman stated the applicant is requesting approval of a Master
and Final Planned Unit Development (PUD) to demolish the existing McDonald’s
restaurant at 1313 County Road E and reconstruct a new one in its place.
City Planner Beekman provided additional background information. Staff offers the
following eleven findings of fact for this proposal:
1. The applicant is requesting approval of a Master and Final PUD for the
redevelopment of the McDonald’s restaurant at 1313 County Road E.
2. The PUD process allows for flexibility within the City’s regulations through a
negotiated process with a developer.
3. The subject property is located in the B2 General Business District.
4. The proposed redevelopment is a permitted use in the B2 District.
5. The City has adopted the Guiding Plan for the B2 District that outlines future
development principals for the area.
6. The City has adopted design standards for the B2 District within the Zoning Code.
7. The Master and Final PUD are in substantial conformance with the requirements of
the City’s Zoning Code and design standards.
8. The Master PUD and Final PUD are in substantial conformance with the Guiding
Plan for the B2 District.
9. The Master PUD and Final PUD are in substantial conformance with the City’s
Comprehensive Plan.
10. Where the plan is not in conformance with the City’s Zoning Code, flexibility has
been requested by the applicant and/or conditions have been placed on an approval
that would mitigate the nonconformity.
11. The application is not anticipated to create a negative impact on the immediate area
or the community as a whole.
City Planner Beekman stated Staff recommends approval of Planning Case #11-001 for a
Master and Final Planned Unit Development; 1313 County Road E; McDonald’s, USA
LLC subject to the following twelve 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. Final plans shall be subject to approval by the Fire Marshall prior to the issuance of
any building permits.
3. Final grading, drainage, and utility plans shall be subject to approval by the Public
Works Director prior to the issuance of any building permits.
4. 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 Erosion and Sediment Control permits.
Copies of all issued permits shall be provided to the City prior to the issuance of any
building permits.
ARDEN HILLS PLANNING COMMISSION – January 5, 2011 3
3.A. Planning Case 11-001; Master and Final Planned Unit Development; 1313 County Road
E; McDonald’s, USA LLC – Public Hearing (continued)
5. A 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
permits or site preparation.
6. The applicant shall submit a financial surety for 125 percent of the cost of the
landscaping improvements prior to the issuance of any building permits.
7. The applicant shall obtain a building permit within one year of the PUD approval of
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.
8. The applicant shall provide for an additional ten caliper inches of trees on site.
9. Parking, loading, garbage containers, and mechanical operating equipment shall be
screened in accordance with the City Code, additional screening materials may be
required in the event that there requirement is not met by the proposed plans.
10. The property owner shall be responsible for 100 percent of the cost of constructing
six-foot concrete sidewalks, assuming a flat grade, for the length of the property
along County Road E and Connelly Avenue. The property owner shall waive any
future right to appeal any such assessments for this purpose.
11. All sidewalks constructed in City right of way shall be a minimum of six-feet in
width.
12. The project shall conform to all other City regulations.
Vice-Chair Thompson opened the floor to Commission questions.
Commissioner Zimmerman asked what the expected cost for the sidewalk reconstruction
would be.
City Planner Beekman explained at this time there is not a cost estimate. The County
Road E Bridge design has not been determined so the design and construction of the
sidewalk cannot be figured at this time. The City will be asking McDonalds to commit to
an assessment amount equal to 100% of the cost of the sidewalk with a flat grade and a
maximum amount would be established. The exact details and amounts will be worked
out as part of the development agreement. She clarified that the commitment to build the
sidewalk was not being waived but rather the payment for the construction of this
sidewalk is being deferred to a more appropriate time when construction can occur. The
development agreement will be specific to the purpose of the assessment and a maximum
amount for the sidewalk will be established. She stated that the applicant has indicated a
preference to having an assessment done at the time the sidewalk is constructed versus
paying the amount at this time.
Commissioner Holewa asked for clarification regarding the entrance and exit points and
if the new configuration would eliminate the bottleneck effect of cars exiting the facility
onto County Road E.
ARDEN HILLS PLANNING COMMISSION – January 5, 2011 4
3.A. Planning Case 11-001; Master and Final Planned Unit Development; 1313
County Road E; McDonald’s, USA LLC – Public Hearing (continued)
City Planner Beekman explained traffic would be able to enter on the north side of the
facility and then exit on either the north or south side. This is a change from the current
configuration, which allows traffic to exit from the south side of the facility only.
Commissioner Holewa asked if all the trees on the south were being removed as part of
the reconstruction.
City Planner Beekman explained the tree on the corner of the property would remain and
the others would be removed.
Commissioner Reiff asked the applicant if the requested tree replacement of 10 caliper
inches would be feasible on the property. He also asked to clarify if the applicant was
agreeable to waiving their right to appeal for a future assessment.
Mrs. Vicky Stadther, Area Construction Manager for McDonalds, stated the applicant did
not foresee any problems with replacing the requested 10 caliper inches of trees on the
property and the trees that will be used will be viable in the future. She also stated as
long as the language in the development agreement will be specific to the sidewalk this
will be acceptable to the applicant and the applicant prefers to have the amount assessed
when the sidewalk is built versus having this money sit in an escrow account for an
undetermined amount of time.
Commissioner Zimmerman stated the maximum requirement of EFIS for the exterior is
significantly deviated from what is required by the Code. He stated the City should stick
to the Guiding Plan for the B2 District and not allow a deviation to this extent.
Ms. Stadther clarified the areas of the building that would be constructed of EFIS. She
stated the applicant could increase the amount of brick on the building but this would
increase the costs of construction by a minimum of $50,000. The proposal has EFIS on
the terra cotta upper portion of the building and the offset cream color portion of the
building.
Commissioner Zimmerman asked what the time frame for construction would be for this
project and if additional brick would increase this construction time.
Ms. Stadther stated the expected construction time is approximately 13 weeks and adding
brick would not extend this time frame.
Vice-Chair Thompson opened the public hearing at 6:53 p.m.
Vice-Chair Thompson invited anyone for or against the application to come forward and
make comment.
Vice-Chair Thompson closed the public hearing at 6:54 p.m.
ARDEN HILLS PLANNING COMMISSION – January 5, 2011 5
3.A. Planning Case 11-001; Master and Final Planned Unit Development; 1313
County Road E; McDonald’s, USA LLC – Public Hearing (continued)
Commissioner Zimmerman stated he would like to add Condition #13 requiring the
applicant to reduce the amount of EFIS and bring it into compliance with the City’s
regulations.
Commissioner Reiff stated he would oppose this recommendation because this will add
significant cost to the construction and if the City wants to have business redevelop their
properties, they will need to be flexible with the standards.
Commissioner Modesette stated there was additional cost involved but the City has
established design standards and guidelines for this district and they should follow them.
Commissioner Scott stated he would support Commissioner Zimmerman as well.
Commissioner Hames stated she would not support the 25% requirement but would
support changing the terra cotta EFIS to brick even though this change may result in
more than the maximum of 25% EFIS.
Ms. Stadther stated if the design were changed where all of the terra cotta EFIS were
brick this would result in less than 25% EFIS and if this is the change that the City will
require the applicant will work with it.
Commissioner Modesette stated the change would improve the aesthetics of the building.
Commissioner Scott stated the look of the building and how it fits the guiding plan is
what the Planning Commission should be looking at and if McDonalds is willing to make
the change then the Planning Commission should accept this.
Commissioner Reiff stated the City should not put so many restrictions on business
owners because this will result in less development within Arden Hills. Having the back
of the building brick would not be cost effective. The view from County Road E is what
the City is concerned with.
Vice-Chair Thompson agreed that the Planning Commission should enforce the City’s
codes. The Planning Commission did approve the Guiding Plan for the B2 District and
should enforce these standards.
Commissioner Zimmerman moved and Commissioner Modesette seconded a motion
to add condition #13 restricting the amount of EFIS on the exterior of the building
to no more than 25%. The motion carried (5-2).
Ayes: Vice-Chair Thompson, Commissioners Scott, Modesette, Zimmerman, and
Holewa.
Nays: Commissioners Reiff and Hames.
Commissioner Holewa moved and Commissioner Zimmerman a motion to
Recommend Approval of Planning Case 11-001 for a Master and Final PUD at 1313
ARDEN HILLS PLANNING COMMISSION – January 5, 2011 6
County Road E based on the findings of fact, submitted plans, and the thirteen
conditions in the January 5, 2011, Planning Case Report. The motion carried
unanimously (7-0).
B. Planning Case 11-002; Site Plan Review – Sign Standard Adjustment; 3920
Northwoods Drive; 3900 Northwoods Drive, LLC – Not a Public Hearing
City Planner Beekman stated the applicant has requested a site plan review for a sign
standard adjustment that would allow for a deviation from the sign code for the height of
the freestanding sign located at 3920 Northwoods Drive.
City Planner Beekman provided background information and stated the Planning
Commission must make a finding as to whether or not the proposed sign standard
adjustment at 3920 Northwoods Drive meets the criteria in the Sign Code to deviate from
the sign regulations and if the increased height of the signage would adversely affect the
surrounding neighborhood and the community as a whole. Staff offers the following
twelve findings for consideration:
1. The property is located in the B-3 Zoning District and Sign District 7.
2. In Sign District 7 freestanding signs are permitted up to 25 square-feet and eight-feet
in height.
3. The property is a conforming use in the B-3 Zoning District.
4. The existing freestanding sign is 16-feet in height and 102 square-feet in size, and
exceeds the maximum size standards in Sign District 7.
5. The existing freestanding sign is adjacent to Highway 694.
6. The proposed sign would be 35-feet in height and 102 square-feet in size.
7. Adjacent businesses have freestanding signs that are 35 feet in height along Highway
694.
8. The sign would not be visible from residential properties.
9. Section 1260 of the Sign Code permits deviations from the Sign Code through the site
plan review process.
10. The location of the office building and the placement of the existing sign limit the
visibility of the sign from I-694 eastbound.
11. The sign adjustment will not result in a sign that is inconsistent with the purpose of
the B-3 Zoning District.
12. The sign would not have a negative impact on adjacent properties or the City as a
whole.
City Planner Beekman stated Staff recommends approval of Planning Case #11-002 for a
Site Plan Review for a sign standard adjustment based on the findings of fact, the
submitted application, and the January 5, 2011, Planning Case Report.
Vice-Chair Thompson opened the floor to Commission questions.
Commissioner Zimmerman asked if the sign was on the applicant’s property or in the
City right of way.
City Planner Beekman stated it was located on the applicant’s property.
ARDEN HILLS PLANNING COMMISSION – January 5, 2011 7
3.B. Planning Case 11-002; Site Plan Review – Sign Standard Adjustment; 3920
Northwoods Drive; 3900 Northwoods Drive, LLC – Not a Public Hearing (continued)
Commissioner Holewa asked if there were other signs within Arden Hills that are 35 feet
in height.
City Planner Beekman stated the Super 8 sign and the Perkins sign located in this same
area are 35 feet in height.
Commissioner Zimmerman moved and Commissioner Scott seconded a motion to
recommend approval of Planning Case 11-002 for a Site Plan Review at 3920
Northwoods Drive based on the findings of fact, the submitted application, and the
January 5, 2011 Planning Case Report. The motion carried unanimously (7-0).
C. Planning Case 11-003; Zoning Code Amendment and Conditional Use Permit
Amendment; 1900 Lake Valentine Road; Mounds View Public Schools – Public
Hearing
City Planner Beekman stated Mounds View Public Schools is requesting a Zoning Code
amendment and CUP amendment to allow a 1,787 square-foot ticket sale and storage
building near the existing football field on the Mounds View High School campus.
City Planner Beekman provided background information and stated the City Attorney has
reviewed the submitted Zoning Code amendment language and does not have any
concerns over the proposed modifications. Staff offers the following sixteen findings of
fact for consideration:
General Findings:
1. The applicant is proposing to construct a 1,787 square-foot accessory ticket sales and
storage building.
2. Mounds View High School operates under a Conditional Use Permit in the R-1
Zoning District.
3. A Zoning Code amendment is required to allow an accessory structure in excess of
1,458 square-feet in the R-1 District.
4. A CUP amendment is required to allow the proposed structure on the subject
property.
5. Accessory structures are permitted under the original Conditional Use Permit
agreement.
6. The proposed application will not exceed the lot coverage limits for the property.
7. The proposed application meets all setback requirements.
8. The applicant is not proposing to remove any vegetation from the site.
9. The proposed structure would meet the size requirements of the Code if the
applicant’s request for an amendment to the Zoning Code were approved.
10. The proposed structure meets all other requirements of the Zoning Code.
On the Conditional Use Permit Amendment:
11. The proposed project is not expected to have any impact on traffic or parking
conditions since no change in the school population or the schedule of games is
expected as a result of this application.
ARDEN HILLS PLANNING COMMISSION – January 5, 2011 8
3.C. Planning Case 11-003; Zoning Code Amendment and Conditional Use Permit
Amendment; 1900 Lake Valentine Road; Mounds View Public Schools – Public Hearing
(continued)
12. The proposed project will not produce any permanent noise, glare, odors, vibration,
smoke, dust, air pollution, heat, liquid, or solid waste.
13. The proposed project will not affect storm water runoff since impervious surface is
not increased and no grading is taking place.
14. The proposed project is not expected to have any impacts on school population or
density.
15. A park dedication fee is not applicable to this application.
16. The proposed project does not conflict with the City’s Comprehensive Plan or the
intent of the Zoning Code.
City Planner Beekman stated based on the submitted plans and findings of fact, Staff
recommends approval of Planning Case 11-003 for a Zoning Code amendment and
Conditional Use Permit amendment to construct a ticket sale and storage building
adjacent to the football field at Mounds View High School. The recommendation for
approval is subject to the following four conditions:
1. The applicant shall continue to abide by the conditions of all previous permits and
reviews.
2. 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.
3. Building Permit Plans shall be submitted to the Building Official a minimum of two
(2) weeks before the planned start of construction.
4. The applicant shall obtain all necessary permits from the Rice Creek Watershed
District, MPCA, and other governmental entities and provide the City with copies of
such permits prior to the City issuing any building permits.
City Planner Beekman stated Staff was also recommending one revision to the proposed
language for Section 1325.01, Subd. 4A. 3. The recommended change is “No more than
two (2) accessory structures shall be permitted on a lot associated with residential uses.
Vice-Chair Thompson opened the floor to Commission questions.
Commissioner Reiff suggested this language be changed to “No more than two (2)
accessory structures shall be permitted on a lot used for residential uses.”
City Planner Beekman agreed this would be language that is more accurate.
Vice-Chair Thompson opened the public hearing at 7:24 p.m.
Vice-Chair Thompson invited anyone for or against the application to come forward and
make comment.
Mr. Bob Madison, Activities Director for Mounds View High School, stated he had
talked with the neighboring properties regarding the proposal. There had been some
concerns about lighting but the School addressed these concerns. The neighbors were
ARDEN HILLS PLANNING COMMISSION – January 5, 2011 9
3.C. Planning Case 11-003; Zoning Code Amendment and Conditional Use Permit
Amendment; 1900 Lake Valentine Road; Mounds View Public Schools – Public Hearing
(continued)
appreciative of the School contacting them directly. He also explained the purpose of the
building and why the School was requesting the size building, they were.
Commissioner Zimmerman stated there would be District equipment stored at this
facility. He asked if this equipment was for District 621 and if there was space available
at other facilities within the District.
Mr. Madison stated the District equipment that would be stored at this facility includes
items that the School needs to have readily available and there was no other space
available within the District.
Commissioner Zimmerman asked if this facility would accommodate the temporary
fencing the School used.
Mr. Madison stated the School has stored this fencing differently and this has remedied
the problem. He clarified this facility would not store the temporary fencing.
Vice-Chair Thompson closed the public hearing at 7:29 p.m.
Commissioner Reiff moved and Commissioner Hames seconded a motion to change
the language of Section 1325.01, Subd. 4A. 3. To read “No more than two (2)
accessory structures shall be permitted on a lot used for residential uses.” The
motion carried unanimously (7-0).
Commissioner Holewa moved and Commissioner Reiff seconded a motion to
recommend approval of Planning Case 11-003 for a Zoning Code amendment and
Conditional Use Permit amendment at 1900 Lake Valentine Road based on the
findings of fact and the submitted plans as amended by the four conditions in the
January 5, 2011, Planning Case Report and the approved changed to Section 1325,
Subd. 4A. 3. The motion carried unanimously (7-0).
UNFINISHED AND NEW BUSINESS
None.
REPORTS
A. Report from the City Council
Council Member Holmes updated the Commission on recent City Council actions and
upcoming events including the approval of the TIF District and agreement for the
Presbyterian Homes redevelopment proposal, the triangle piece of property being deeded
to the City as part of this agreement, the joint work session scheduled for Tuesday,
February 22, with the City Council to discuss the future of variance applications in the
ARDEN HILLS PLANNING COMMISSION – January 5, 2011 10
Report from the City Council (continued)
City and to go over several potential amendments to the Zoning Code and an upcoming
opportunity for Planning Commission members to obtain Land Use training. She also
stated the Council is looking at options for the road improvements on Old Snelling and
the Council will be interviewing the eight applicants for the open City Council member
opening
Community Development Director Jill Hutmacher introduced Community Development
Intern Mei-Ling Anderson.
B. Planning Commission Comments and Requests
Vice-Chair Thompson stated the Commissioners had received a news article regarding
the construction of wind generators. She stated this would be something the Planning
Commission could discuss at a future work session.
Commissioner Zimmerman stated the Planning Commission should think about
potentially incorporating wind generators into some of the City’s parks, such as
Cumming’s Park. This would produce enough energy to run the sprinklers and possibly
lights at the park.
Vice-Chair Thompson stated there would be a ceremony at City Hall on January 10,
2011, at 6:15 welcoming the City’s new Mayor.
ADJOURN
Commissioner Holewa moved, seconded by Commissioner Reiff, to adjourn the
January 5, 2011, Planning Commission Meeting at 7:41 p.m. The motion carried
unanimously (7-0).