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Home My WebLink AboutPCP 05-03-2006 Chair ~ 1245 W, Highway 96 David Sand ~HILLS Arden Hills, MN 55112 Commissioners 651.634.5120 Ken Bezdicek www.ci.arden-hiJIs.mn.us Clayton Larson Arden Hills Dave McClnng Planning Commission Liz Modesette Roberta Thompson Wednesda , Ma 3,2006 CIa ton Zimmerman City Vision A strong community that values our unique environment, our fiscal soundness, and our tradition as a desirable city in which to live, work, and la . Agenda Planning Commission Convenes 7:00 PM Call to Order 1. AGENDA 2. MINUTES A. April 5, 2006 Meeting 3. PUBLIC HEARINGS A. Planning Case 06-013; Variance & Preliminary Plat; Amities LLC; 3685 & 3695 New Brighton Road B. Planning Case 06-015; Zoning Ordinance Addition for the B-4 Zone C. Planning Case 06-016; Special Use Permit for Higher Education; 1212 Red Fox Road 4. UNFINISHED AND NEW BUSINESS 5, REPORTS A. Report from the City Council 6. ADJOURNMENT A quorum of the City Council may be present at this meeting. . ~ . ~~/HILLS Approved: DRAFT CITY OF ARDEN HILLS, MINNESOTA PLANNING COlVIlVIISSIO" WEDNESDAY, APRIL 5, 2006 7:00 P.M, - ARDEN HILLS CITY HALL CALL TO ORDER Acting Chair Larson called the meeting to order at 7:02 p.m. ROLL CALL Present were Commissioners Ken Bezdicek, Elizabeth Modesette, Robe11a Thompson, David McClung, and Acting Chair Clayton Larson. Absent: Commissioner Clayton Zimmerman and Chair David Sand. . Also present were Couneilmember David Grant; Community Development Director, Karen Barton; City Planner, James Lebnhoff; and Recording Secretary, Kathleen Altman. Acting Chair Larson added item 4E, Zoning Ordinance Amendments, to the Agenda, A. APPRO V AL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON MARCH 1,2006. Commissioner Bezdicek moved, seconded by Commissioner Thompson to approve the March l, 2006 minutes as amended. The motion calTied unanimously (5-0), PUBLIC HEARINGS A. PLANNING CASE #06-009: VARIANCE - VAUGHN MORIN, 1889 GRANT ROAD Mr. Lehnhoff stated applicants were requesting a variance to constmct a l,224 square foot accessory structure, wbicb exceeds the 728 squarc loot maximllm for a single accessory stmcture in the R- I and R-2 Zoning Districts. Based on the cight findings of fact, staff recommended approval based on the following conditions: . ARDEN HILLS PLANNING COMMISSION - ARIL 5, 2006 2 L The project shall be completed in accordance with the plans submitted as part of . the variance application. Any significant changes to these plans, as determined by thc City Planner, shall require review and approval by the Planning Commission, 2. The variance shall automatically expire and become void one (1) year from and after the date on which the Council granted such approval if work on the project has not begun within that time period. 3, The accessory structure shall match the architecture and color scheme of the principal structure. 4. The accessory structure shall not exceed the height ofthe principal structure. 5, Total accessory structure square footage on the lot shall not exceed 1,456 square feet. Commissioner McClung asked if the sh'llcture was attached to the home, would the applicant need to request a variance, Mr. Lehnhoffresponded they would. Acting Chair Larson opened the public hearing at 7:07 p.m. Acting Chair Larson invited anyone for or against the request to come fOlward and make comment. Vaughn Morin, 1889 Grant Road, stated his current garage needed a new roof and he wanted to rebuild the entire garage, He indicated he had spoken with his neighbors and . they had no problems with this request. He noted the garage would match the house, Commissioner Bezdicek asked what the estimated height of the garage would be, Mr. Morin responded the new garage would not be any higher than the existing garage which was, he believed approximately 14 feet high, He indicatcd he did not want the garage higher than the house. Acting Chair Larson closed the public hearing at 7:09 p.m, Commissioner Bezdicek asked if the Parks, Trails, and Recreation Commission (PTRC) needed to look at this request bccause the garage would be next to the trail. Mr. Lehnhoff responded there was no requirement the PTRC look at this proposal. Acting Chair Larson inquired about the number of accessory structures. Mr. Lehnhoff responded the applicant could add another accessory structLlre as long as the garage and the accessory structures combined square footage did not exceed 1,456 square feet. He noted if the Commission wanted, they could limit the accessory structure to only the garage and not allow an additional accessory structure. Commissioner Thompson suggested they specifically indicate the approval is for the 1,224 square foot accessory structure. . ARDEN HILLS PLANNING COMMISSION - ARIL 5, 2006 3 . Acling Chair Larson recommended they strike condition number 5, The Commissioners agreed. Commissioner McClung moved, seconded by Commissioner Thompson, to recommend approval of Planning Case No. 06-009; Variance, Vaughn Morin, 1889 Grant Road subject to the first four conditions as outlined in staffs March 21, 2006 report and striking condition five. The motion carried unanimously (5-0). B. PLANNING CASE #06-010: MASTER PLAN AMENDMENT AND SITE PLAN REVIEW - GUIDANT CORPORATION. 4100 N. HAMLINE A VENUE Mr. Lehnhoff stated the applicant was requesting a Master Plan PUD (6'h Amendment) and Site Plan Review to reeonfigure parking on Guidant Drive South and eonstmet a new 157 stall parking lot south of Guidant Drive South, The request also includes a proposal to remove 66 parking stalls and access to Lexington Avenue from Arden Woods office building to create a landscaped buffer along Lexington Avenue, Staff recommended approval of the Master Plan POO (6th Amendment) and Site Plan Review subject to the following conditions: 1. The applicant shall continue to abide by the conditions of approval as stated in the . approved Master Plan PUD except as amended by the six subsequent amendments, 2, A POO Amendment form, dralted by the City Attorney, shall amend the POO and encompass all five amendments to the Master Plan PUD. A building pernlit may only be issued after the PliD Amendment document receives the approval of the City Council and is executed by both the City COLmeil and the applicant. 3. The project shall be completed in accordance with the plans submitted as part of the master plan amendment and site plan review application. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 4. The master plan amendment and site plan review shall automatically expire and become void one (1) year from and after the date on which the Council granted SLICh approval if work au the project has not begun within that time period. 5. The applicant shall obtain any necessary permits II-om Rice Creek Watershed, the Mirmesota Pollution Control Agency (MPCA), the NPDES (National Pollution Discharge Elimination System) permit, and any other necessary permits before a building permit is issued, The City shall be copied with all required permits. 6, Any changes to the grading, erosion, or drainage plans shall be submitted to the City Engineer for approvaL 7, Erosion control measures shall be inspected by the City Engineer before constmction begins, 8, The applicant shall comply with the following conditions recommended by the Lake Johanna Fire Department: a, The applicant shall install "No Parking Fire Lane" signs on the north side of . Guidant Drive South upon completion of the changes to Guidant Drive South. ARDEN HILLS PLANNlNG COMMlSSlON - ARIL 5, 2006 4 b. The entrance from County Road F to the Arden Woods parking lot shall be . modified to allow fire apparatus to turn east or west into the lot. c, The entrance from County Road F to the Arden Woods parking lot shall maintain an unobstructed vcrtical clearance of not less than 13 feet 6 inches. d. The applicant shall submit a schedule for completing the installation of sprinklers in the Arden Woods officc building for approval by the Fire Marshal before any building permits are issucd, 9. The applicant shall comply with the conditions recommended by thc City Engineer in the March 28, 2006, memo to the City Planner, updated site plans, including the changes made with the agreement with thc Lake Johanna Fire Department, shall be submitted for approval by the City Engineer and Fire Marshal before any building permits are issued, 10, The applicant shall provide an "as-built" survey upon completion o[ the project that includes all rcquired changes. Commissioner McClung asked if there has been any traffic sludy done in connection with this proposaL Mr. Lehnhoff responded there has not been, Acting Chair Larson opened the public hearing at 7:23 p,m, Acting Chair Larson invited anyone [01' or against the request to come forward and make comment. There were no comments made. . Acting Chair Larson closed the public hearing at 7:24 p,m, Commissioner McClung cxprcssed cone em regarding additional traffic being funneled onto County Road F, He noted there were three driveways on County Road F close together and it was a difficult area for traffic. He indicated it appeared there would be no improvements onto County Road F. He stated he wanted to see what kind of impact this proposal would have on County Road F, He stated he also wanted Ramsey County to review this, Acting Chair Larson believed it would be prudent to attach a eondilion that when this item goes to Council that Ramsey County reviews this and makes comment Commissioner McClung stated he would be voting against this proposal because he believed they needed to look at the traffic impact before he felt comfortable supporting this. He asked if this could be tabled until the ncxt Planning Commission meeting for Arden Hills City Engineer and Ramsey County Engineer review, Mr. Lehnhoff stated the primary reason to cut off Lexington Avenue was to create a landscape buffer similar to what already existed on Lexington Avenue, He noted the City Engineer had reviewed and approved the plans, but an official traffic study was not done, . ARDEN HILLS PLANNING COMMISSION - ARIL 5, 2006 5 . Commissioner Bezdicek moved, seconded by Commissioner Thompson to approve Planning Case No, 06-010, Master Plan Amendment and Site Plan Review, Guidant Corporation, 4100 Nortb Hamline Avenue, subject to the ten conditions as noted in staffs March 21, 2006, report and adding condition lIto state: Approval of the proposal to remove access from Lexington Avenue to the Arden Woods office building shall be contingent upon review and approval of Ramsey County, The motion carried 4-1 (Commissioner McClung), C. PLANNING CASE #06-011: WITHDRAWN Mr. Lehnhoff stated the applicant has withdrawn this request and no action is required. D. PLANNING CASE#: 06-012: FRONT PORCH ZONING ORDINANCE AMENDMENT, CITY OF ARDEN HILLS Mr. Lehnhoff stated in May 2005, the City adopted an amendment to the Zoning Ordinance that allowed front porches to encroach into the front yard setback under certain conditions without a variance. One of the conditions was that the front porch could not be any closer than 30 feet to the front lot line, However, in eetiain paJiS of the City (e.g., Chatham neighborhood), many of the homes were built 30 feet or less from the . front lot line, which precludes them from constructing a front porch per the current fi.ont porch ordinance amendment. Although the amendment did increase f1cxibility for many of the dwellings in the City, entire neighborhoods were still unable to construct a front porch. In September 2005, the Planning Commission reviewed an ordinance amendment proposal to allow the construction of a front porch for homes that arc closer than 40 feet to the front lot line in the Chatham Subdivision. Based on a review of thc minutes from that meeting, the Planning Commission was concemed with the proposal because it singled out a specific neighborhood and may not have resolved the issue for most of the dwellings in Arden Hills, Staff was requested to revise the proposed ordinance amendment with the intent of resolving the issue for most of the dwellings in the City instead of an ordinance for a specific neighborhood. He indicated staff has prepared an ordinance amendment that addresses the front porch encroachment issue for virtually all dwellings in the City in a consistent manner. He reviewed the proposed ordinance. He indicated there are three remaining issues that need to be resolved regarding the proposal: L Should lots redeveloped after the adoption of this Ordinance be required to meet the full 40 foot setback, including the front porch? 2, Should lots that wcre vacant before thc adoption of this Ordinance be . required to meet the full 40 foot setback, including the front porch? ARDEN HILLS PLAl\TNING COMMISSION - ARIL 5, 2006 6 3, Currently, up to 35 percent of the fayade of the covered porch may be . occupied by columns, spindles, or railings, Solid walls (even partial) are prohibited. Should glass be allowed to be a part of the 35 percent of the fayade that may be covered? If the covered porch is required to be set back farther from the front Jot line with a redeveloped structure, it may be viewed as a penalty to rebuild a dwelling if the porch has to be farther back from the front Jot line than what would have been allowed had the old structure remained. However, it is always a goal to reduce the number of non- confonning structures where feasible, The existing covered porch ordinance does not distinguish between developed, redeveloped, or vacant lots. Currently, any residential lot may have a front porch as close as 30 feet to the front Jot line. The question regarding glass was brought up by the Building Official for clarification. He recommended the Commission approve the zoning ordinance amendment subject to resolving the three discussion points, Commissioner McClung stated he believed this was a much better proposal than what they had looked at in the past and he liked the way it has been crafted. In terms of the three discussion points, he would he in favor of the first two al1d in tenl1S of glass being a . solid surface, he did not want to see glass included in the 35 percent because he did not want three-season porches added to the front of homes, Commissioner Thompson stated she agreed with Commissioner McC]ung and agreed glass would be a difficult thing to manage, In addition, she believed the concept of a porch was supposed to be open air. She stated for tear downs, they were allowed to be rebuilt on the same footprint, but would that included the porch also, Mr. Lehnhoff stated he did not see anything in the Zoning Ordinance where a tear down could be built on the same footprint, however state law did allow rebuilds on the exact same footprint and in his opinion this would include a porch, Commissioner Modesette stated she agreed with the previous comments, She indicated however, if someone wanted to add glass to the bottom portion and it did not exceed 35 percent, she did not have a problem with that. Commissioner Bezdicek stated uniformity was impOltant and he believed the Ordinance should apply to existing structures, as well as future developments, With respcct to the glass, he did not ,vant to see glass on the porches. Acting Chair Larson stated he agreed with item 3 and with respect to items I and 2, he believed a front porch should bc avai]able to everyone and if the main structure is set back 40 feet, they should still be allowed to havc a front porch closer than 40 feet. . . ARDEN HILLS PLANNING COMMISSION - ARlL 5, 2006 7 . Commissioner McClung agreed uniformity was important and setback from the principal structure should be at the 40 foot mark and allow residents to take the same advantage that everyone else had with respect to the front porch. He noted they would need to modify the language of the Ordinance. Acting Chair Larson opened the public hearing at 7:47 p,m. Acting Chair Larson invited anyone for or against the request to come forward and make comment. There were no comments made, Acting Chair Larson closed the public hearing at 7:48 p,Jll. Mr. Lehnhoff reconfirmed the consensus of the Planning Commission on the three remaining discussion points, A vacant lot may have a covered front porch on a new dwelling that is as close as 30 feet to the front lot line; redeveloped lots with structures bigger than the original structure may have a covered porch as close as 30 feet to the front lot line; redeveloped lots with a new structure that is on the same footprint as the previous structure will preserve the right to encroach on the front setback based on the formula in the Ordinance, and glass cannot be part of the 35 percent of the porch walls that may be solid. . Commissioner Bezdieek moved, seconded by Commissioner McClung to approve Planning Case No, 06-012, Front Porch Zoning Ordinance Amendment, City of Arden Hills. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS A, VARIANCE PROCEDURES AND CHECKLIST Mr. Lehnhoff stated in order to help residents and businesses understand the variance process and requirements better, the variance procedures fOlm has been updated to include the following: A definition of a variance; a more prominent and refined list of the hardship criteria; and a more detailed list of the submittal requirements. Since the application is an administrative tool, no action is required. Commissioner McClung recommended they strike "Fire Chief' and insert '<Fire Marshal", . ARDEN HILLS PLANNING COMMISSION - ARIL 5, 2006 8 , B. SIGN MORATORIUM . Mr. Lehnhoff stated at the March 13, 2006, City Council meeting, the Council voted to approve a one-year sign moratorium while staff develops a revised sign ordinance, Recent court cases in Minnesota and around the country regarding billboards and other fonns of adveliising have prompted staff to review the sign ordinance to ensure that it is in conformance with state statutes, is constitutional, and meets the City's needs, In order to help make the moratorium a smooth transition for residents and businesses, the following exceptions are in the moratorium: I. Signs in commercial and industrial areas may still be refaced provided that the new facing is not any larger than the previous face. Rcfacing refers to changing the message on the sign and not the sign structure itself. This process would still require a pem1it. 2, Residential areas can post a sign that is six square feet or less in size without a permit. A primary reason for this provision is to allow residential properties to post a for sale sign without the need for a permit. 3, New temporary signs may be posted with a pem1it for up to 90 days or upon termination of the moratorium, whichever is earlier, subj ect to certain provisions listed in the moratorium. The moratorium has been enacted for up to one year. If the moratorium is needed for more than one year, it can be extended after a public hearing is held; however, staff . anticipates reviewing and adopting a new sign ordinance within the next few months, Upon adoption of a new sign ordinance, the moratorium will be lifted. When the sign ordinance update is ready for public comment, it will be brought to the Planning Commission for review. No action is required at this time, C. BLUECROSSIBLUESHIELD COMPREHENSIVE PLAN UPDATE OPPORTUNITY Ms, Barton stated the Metropolitan Council requires jurisdictions to submit a Comprehensive Plan outlining their policies and objectives related to land use and zoning. This plan is required to be updated every ten years, and the next update is due at the end of 2008, BlueCross BlueShicld of Minnesota is offering municipalities the opportunity to apply for a grant to encourage active living in the Comprehensive Plan. The grant is intended to assist municipalities to integrate active living principles into their communities. Spccilieally, this funding opportunity is designed to support communities in preparing their Comprehensive Plan and identifying relevant ordinance subsections for modification in keeping with the new plans, . ARDEN HILLS PLANNING COMMISSION -- ARIL 5, 2006 9 . The term "active living" denotes a way of life that integrates physical activity into daily rontines, not just for recreational purposes, but also for utilitarian purposes such as errands, trips to the grocery store, commuting to work, etc. Research shows that cities havc had a positive impact on rates of physical activity through plmming and policy. The grant would provide up to $75,000 as well as providing technical assistance and training opportunities, The City Council has directed staff to begin the application process. D. COMPREHENSIVE PLAN Mr. Lehnhoff stated the next Comprehensive Plan update is due at the end of 2008. While that seems like a distant date, the comprehensive plmming process takes a considerable amount of time and effort to produce a quality, useable product Over the next several months, Karen Barton and he will be attending training sessions at the Metropolitan Council to learn about the information requirements and analysis that must be included with the updated plan, Although no action is required at this time, he askcd the Commission to keep in mind the planning process is on the horizon and will involve the Planning Commission. . E. ZONING ORDINANCE AND CITY CODE AMENDMENTS Mr. Lehnhoff stated at the March 27, 2006 City Council meeting Council voted to approve a City Code amendment, Zoning Ordinance amendment, and Zoning Ordinance addition. None of the changes are a shi It in City policy; instead, these amendments will help clarify the existing language and keep the City Code and Zoning Ordinance consistent No action is required from the Planning Commission, REPORTS A. Planning Commissioners None. B. Staff None, C. Council Member Council Member Grant updated the Commission on recent City Council actions. . ---------- ARDEN HILLS PLANNING COMMISSION - ARIL 5, 2006 10 ADJOlJRNMENT . Commissioner Thompson moved, seconded by Commissioner Bezdicek to adjourn the meeting at 8:13 p.m. The motion carried unanimously (5-0). . . t , . ~ ~~HILLS MEMORANDUM DATE: April 20, 2006 PC Agenda Item 3.A TO: Planning Commission FROM: James Lehnhoff, City Planner SUBJECT: PC #06-013 Amities Coast, Inc Phil Littlefield 3204 Orleans Lane Maple Grove, MN 55369 Preliminary Plat & Variance - 3685 & 3695 New Brighton Road Requested Action The applicant is requesting a preliminary plat to reconfigure two existing lots at 3685 & 3695 . New Brighton Road into four new lots. The request also includes a variance to allow the four lots to share one private driveway to New Brighton Road and for Lots 2 and 3 to not directly abut the public right-of-way, Backeround 1. Overview of Request The applicant is requesting a preliminary plat to reconfigure 3685 New Brighton Road (1,87 acres) and 3695 New Brighton Road (,99 acres) into four new lots: Lots Proposed Lot Size Lot I 11,701 square feet Lot 2 23,171 square feet Lot 3 25,920 square feet ~-~ 59,570 square feet City of Arden Hills Planning Commission Meetingfor Ma}' 5,2006 . \\Melro-iner.uslardenhills\PlanningIPlanning Cases12006i06-0J3 Amities CoaSl Preliminary Plat & Variance (PENDING) \041806 - PC Report- Amities preliminm}' plUl & Variance. doc Page 1 of 11 , ~ Lots 1 and 2 are essentially on the 3695 New Brighton Road property, and Lots 3 and 4 are on the 3685 New Brighton Road property. . The applicant is proposing to remove the two existing driveways that serve 3685 and 3695 New Brighton Road, and construct one shared private driveway to New Brighton Road for all four proposed lots, The City's Subdivision Ordinance does not permit private streets outside of Planned Unit Developments and requires all lots to abut a public right-of-way; therefore, the applicant is requesting a variance for a shared private driveway. Additionally, Lots 2 and 3 would not be adjacent to a public right-of-way; however, the lots would have access to the public right-of-way via the proposed private driveway on Outlot A. The applicant has submitted a description of the project, which is attached to this report, Although the site plans indicate that only three of the four lots will use the private driveway, the applicant is proposing that all four of the lots would access New Brighton Road from the private driveway. The applicant has submitted a utility plan, grading & erosion control plan, and tree removal plan (Attachment 3D-3), According to the proposed site plans, Lots 1,2, and 3 would accommodate walk-out style homes. The existing dwelling on Lot 4 would remain, 2. Site Data Low Density Residential Single Family Residential . R-2: Single and Two Family Residential 2.86 acres (l24,582 square feet) The property is relatively flat near New Brighton Road but slopes down toward a wetland along the western side of the property. Ihcre decrease in elevation is ap roximately 33 feet 3. Surrounding Area Z,"Jling North Low Density Residential R,2: Single & Two Family Single Family Detached Residential Residential Sonth Low Density Residential R,2: Single & Two Family Single Family Detached Residential Residential East Low Density Residential R-2: Single & Two Family Perry Park Residential West Low Density Residential R,2: Single & Two Family Single Family Detached Residential Residential City of Arden Ifills Planning Commission Meetingfor May 5, 2006 . lIMetro-inel.uslardenhill.s\PlllnninglPlanning Case~'\2006106-0/3 Amilies Cot/sl Preliminmy Plf/l & Variance (PENDINGj',()4/806 - PC Report- Amflies pI'eliminary pIal & Va.rimrce,doc Page 2 of 11 ...i> , . Plan Evaluation: Ordinances 1. Zoning Ordinance 1. Minimum Lot Area s (SF cr Dwe,lIin Unit) Single Family 11,0.0.0._ 3, Minimum Lot Size (fl, width/depth/corner lot width Single Family 85/120./95 4, Hei ht (ft. 35 5, Floor Area Ratio (F.A.R.) 0..3 6, Lot Covered by Structure 25% 7, Min, Landscape Lot Area 65% 8.1\linimum Building Setbacks fl . Front -ard 40. Rear Yard (Principle) 30. Rear Yard, (Accessorv) 10. Side Yard lnterior - Principal (Mini total both yards on lot) 5/15 Side Yard Interior - Acc~ssory 10. ---- Side Yard Comer 40. A. Lots Size - Meets requirements --.- I Required Lot Size .. _ Lots Proposed Lot Size Lot 1 11,000 square feet 11,701 square feet Lot 2 11,000 square feet 23,171 square feet Lot 3 11,000 square feet 25,920 square feet Lot 4 11,000 square feet 59,570 square feet City of Arden Hills Planning Commission Meetingfor /14ay 5,2006 . \\MelrO-ineI.USlardenhillsiPhmningiPlllnning Cases12006W6-013 Ami/ies Const Preliminmy Plat & Variance (PENDljVG)\041806 PC Report- Amities prelimillm)' plat & Varirlllce.doc Page 3 of 11 ~ B, Minimum Lot Depth - Meets requirements . ._~-_._.- .~. -_._-_._-~---- Lot Required Lot Depth ProDosed Lot DeDth ,- Lot 1 120 feet 130 feet --," Lot 2 120 feet 213 to 231 feet -- Lot3 120 feet Approximately 200 feet ---- Lot 4 120 feet Approximately 130 to 300 feet C. Minimum Lot Width - Meets requirements Lot Required Lot Width Proposed Lot Width Lot 1 85 feet 90 feet Lot 2 85 feet 105 feet Lot 3 85 feet 105 feet at the front of the lot Lot 4 95 feet (comer lot) 126 feet aJong~ew Brighton Road D, Setbacks - Meets requirements All four of the proposed lots are eapable of accommodating structures that meet the required front, side, and rear setbacks, However, since Lots 2 and 3 do not abut a public right-of-way, the Ordinance is not clear in regards to the required . setback from the eastern (or front) lot line, Since the eastern side of Lots 2 and 3 are directly adjacent to Outlot A, the applicant used a 40 foot setback from the eastern lot line for locating a potential building envelope, 2. Subdivision Ordiuance - Meets requirements with conditions except the applicant is proposing a shared drivewayfor the four lots, which would he the access to the public right-o.fway for Lots 2 and 3, A, Easements. City subdivision regulations require twelve (12) foot wide utility and drainage easements dedicated to the City along the right-of~way and centered on common lot lines, The survey does not currently show these required easements, It should be noted that the City does not assume responsibility for maintenance of these areas, The easements will allow access if it is ever necessary to enter these areas, B. Grading, Tree Removal, & Erosion Control. The property decreases in elevation approximately thirty three feet from New Brighton Road to the wetland along the western side of the property, The applicant has submitted a preliminary City of Arden Hilts Planning Comrnission }Vleeting/or May 5,2006 . '1IMelro-inet.usi,{lrdenhilis\P{ul7l1illg'IPlanning Cases'12006106-0/J Amities Coast Preiimina/Y Plat & Variance (PENDINGjW41806 PC Report- Amitj(!s prdimilJw)' plat & Variance,doc Page 4 of II ~ grading and erosion control plan, which has been reviewed by the City Engineer. . The changes recommended by the City Engineer are included in Attachment 3A- 2, Sheet three includes an erosion control plan, which has been reviewed by the City Engineer. The changes recommended by the City Engineer arc included in Attachment 3A-2. Sheet four shows the areas planned for tree removaL The tree removal would be needed for the proposed sewer line across Lot 4, the driveway from Lot 4 to Outlot A, and the proposed building site for Lot 3, Lots I and 2 have suitable open areas available for building. This proposal will need to be reviewed by Rice Creek Watershed. C. Utilities. Lots 1 and 4 are already served by City water and sewer. The applicant proposes to COllilect City water to Lots 2 and 3 via Outlot A, Sewer service for Lots 2 and 3 would come from an existing connection on Lot 4, The developer is responsible for the cost and installation of utilities to the properties, Work on utilities within the City right-of-way will require approval from the City's Operations and Maintenance department and approval from the City Engineer. D, Access I Street Design. The northern property, 3695 New Brighton Road, is currently served by a driveway to New Brighton Road. The southern property, . 3685 New Brighton Road, also accesses New Brighton Road with a driveway that is near the intersection with Thorn Drive. The applicant proposes to remove the two existing driveways and construct one private driveway to New Brighton Road for all four lots. The relocated shared driveway on New Brighton Road would require a driveway permit ti-om Ramsey County. The applicant has indicated that they have approval for this arrangement from Ramsey County; however, the City has not received an approved permit. Section 1130.03 Subd. 14. of the City Code does not pennit shared driveways outside of a Planned Unit Development (PUD). Furthermore, the City Code requires all properties to be adjacent to a public right-of-way (Section 1130,07 Subd. 1), The applicant has submitted a variance to waive these requirements, which is addressed further in the variance section of this report. E, Park Dedication, Since this subdivision does result in the creation of two new residential lots, the park dedication fee applies. Section 1130.08 of the City Code states that all subdivisions are required to dedicate a portion of their land for City of Arden Hills Planning Commission Mectingfor .May 5, 2006 . \'.Metro-inet.uslardenhilfs1P!annilTgIPlaJllliJlg Case$\2006\06-013 Amities CoaST PrelimiIUlI}' Plnr & Variance (PEl'./DING) \041806 ~ PC Report- Amities preliminmypfal & Variallce.noc Page 5 of 11 --------- # recreation and conservation purposes, In lieu of the land dedication, the City Council may require the applicant to pay, as an equivalent contribution, an . amount in cash equal to the percentage of the land required to be dedicated multiplied by the fair market value of the property at the time of the final approval ofthe subdivision, Should a fee be accepted in lieu of a land dedication, the park dedication fee would be six percent of the land value of the property at the time of final approval ofthe subdivision. Park Dedication Fee 2006 Market Land Value 3695 New Brighton $129,600 3685 New Brighton $211,900 Total $341,500 Park Dedication % 6% Maximum park $20,490 dedication fee: The park dedication fee is finalized by the City Council when the final plat is approved, F, Existing Structures. The applicant proposes to remove all of the existing . structures at 3695 New Brighton Road, which includes a dwelling and four accessory structures, All four of the accessory structures are considered non- conforming and would be required to be removed for approval of the subdivision. The existing dwelling and accessory structures on the 3685 New Brighton Road would remain and become part of Lot 4, 3. Granting a Variance for a Subdivision Typically, the City requires lots to be directly adjacent to a dedicated public right-of-way and does not allow private driveways unless they are in a PUD. The variance application is requesting a private driveway and, by default, is requesting a waiver of the requirement for lots to be adjacent to the public right-of~way. City of Arden Hills Planning Commission Meeting/or May 5,2006 'iiMetro-inel.l/s',ardenhills'IPlanningiPlnnning Oj~'es\2006106-013 Amities Coas! Preliminnry Plat & VnrirJnce (PENDING)1.041806 - PC Report- . Amities preliminm)' plm & Variance. doc Page 6 of 11 . Section 1130,03 Subd, 14, of the City Code slates: Private Streets, Private streets shall not be approved nor shall public improvements be approved for any private streets, Private streets may be pennitted in planned unit developments, Section 1130,07 Subd, 1. of the City Code states: Location, All lots shall abul by their full frontage on a publicly dedicated street or a street that has received legal status as such or will receive such status upon approval of the subject plat. Portions of Arden View Townhomes, the Townhomes of Lake Valentine, and Edgewater Estates are served by private roads that are not maintained by the City, all of which are in PODs. Additionally, mosl of the structures in these planned unit developments are not immediately adjacent to the public right-of-way. The private road proposed by the applicant would also not be maintained by the City, including snow removal. While private roads are not unprecedented in Arden Hills, there are not any examples of private roads outside of a POD, The applicant has submitted a letter explaining why a variance should be granted for a private road (Attached 3A-I). In sum, the applicant states that the private driveway is needed due to lopography, conserves green space, and creates a safer intersection by reducing the . potential driveways from four to one, A full City street would require a sixty foot wide right-of-way for the street and cul-de-sac, The minimum pavement width for a City street and cu]-de-sac would be 28 feet. The City does not have minimum specifications for a shared private driveway. However, an individual driveway is required to be at least twelve feet wide. Proposed Outlot A is thirty feet wide with a twenty foot wide pavement width, which is the minimum requirement from the Fire Marsha] for this proposaL Section] 150.01 of the Subdivision Ordinance permits the City to grant a variance for a subdivision if the following conditions exist: 1. The hardship is not a mere inconvenience; 2, The condition or conditions upon which the request is based are unique and not generally applicable to other property; 3, The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this [Chapter 1] of the City Code of Ordinance] chapter, the zoning ordinance and comprehensive plan. City of Arden Hills Planning Commission l\1eetingfor May 5, 2006 . \\Metro-inet.uslardenhills'.?lanning\T'/anning Case~.',2006W6-0j3 Amities Coast Preliminary Pia! & Variance (PENDhVG)I041806 - PC Report- Amities preliminary plat & Variance.dor: Page 7 of t 1 ---- 4. Additional Plan Review The City Engineer, Fire Marshal, Operations and Maintenance Department, and the Building . Official have reviewed the preliminary plat and variance application, The comments from the City Engineer and Fire Marshal are included in Attachment 3A-2 and arc included in the recommended conditions for approvaL The City Engineer's comments arc mostly technical issues that do not affect the design ofthc subdivision, The applicant's surveyor was provided with a copy of the City Enginccr's comments and has submitted an updated Shcet 3, Thc applicant is proposing to pave the surface of the privatc driveway, The Operations and Maintenance Department Hcad and Building Official did not have any objections to the proposal. l<'indinl!s of Fact Zoning Ordinance Findings: 1. The proposal meets or exceeds all of the requirements of the undcrlying R-2 Zone, including minimum lot size, lot width, and lot dcpth. 2, All four lots arc capable of accommodating a dwelling that meets all required setbacks and coverage limits without a variance, Subdivision Ordinance Findings: . , Proposed Lots 2 and 3 are not directly adjacent to thc public right-of-way, which is Y. requircd by Section 1130,07 Subd 1. The applicant has submitted a variance request to waive this requirement by using a private drivcway. 4, With conditions, the proposal meets all other requirements of the City's Subdivision Ordinance, Variance Findings 5. The hardship is not bascd on a mere inconvenience, If a City street and cul-de-sac wcre constructed, it would likely still be possible to have four conforming lots, However, constructing a City strcet with a cul-de-sac would require considerahly more grading and tree removal without adding significant value to the propcrties or the neighborhood, Additionally, the private driveway will still be paved, 6. The conditions are relatively unique in this situation, The change in grade does make it comparably more difficult to construct a cul-dc-sac at this property, though not impossible. Howevcr, most other City streets and cul-de-sacs were part of largcr developments that required wider streets with higher capacities to handle the traffic gcnerated from serving numerous lots. In this proposal, only four properties would access the private street. City ojArden Hills Planning Commission lvleetingfor May 5, 2006 . lIMetro-inet.usiardenhills1Plal111ingIPianning Ca~.es'i20061()6-()13 Amities Coast PrelimiITa!)' Plat & Variance (P1::,VDING)W41806 PC Reporl- Amities preliminGlY pInt & Varinl1ce_doc Page 8 of 11 7, It is unlikely that the proposed private street will have any detrimental affect on the . public welfare, Moreover, constructing a full cul-de-sac instead of a private road is unlikely to offer significant additional public benefit Since a private street is not maintained by the City, the City will not incur any immediate or future costs for maintaining the street in this proposed subdivision. Each ofthe four property owners will be responsible for maintaining the road on Outlot A and Outlot A itself. Finally, having one access to New Brighton Road is likely to have less impact than four separate accesses. Given the size of the original two lots, it may be possible to have four lots adjacent to Thorn Drive and New Brighton with separate driveways, which would not be desirable, Staff Recommendation In Planning Case #06-013, Staffrecommends approval of the variance and preliminary plat based on the seven findings of fact and submitted plans, The lots in the proposed subdivision meets or exceeds all of the requirements of the underlying R-2 Zone with three of the four lots more than double the minimum lot size required for the R-2 Zone, With the recommended conditions, this suhdivision meets is unlikely to have any negative impact on the City or the neighborhood. While the City certainly prefers one driveway instead of four, the question is whether a private drive should be pemlitted instead of the traditionally required street and cul-de-sac. As noted . above, there is precedent for using private streets in developments; however, those examples can only be found in PUDs where private streets are permitted, However, since this private street is unlikely to have a negative impact on the neighborhood and since the cul-de-sac would add comparatively little value to the City or the neighborhood, Staff recommends approval of the variance, The City Engineer and Fire Marshal have reviewed the proposed private street and have not stated any objections to the private driveway, Once the preliminary plat is approved by the City, no additional conditions related to the design of the preliminary plat can be added, The final plat is simply a review process to ensure that the changes required in the preliminary plat have been made. Staff proposes the following seventeen conditions if approval is recommended: 1. Thc applicant shall submit the final plat and application to the City of Arden Hills within three months of the preliminary plat approval date or the approval shall expire, 2, The project shall be completed in accordance with the plans submitted as part of the preliminary plat and variance application, Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. City afArden Hills Planninr; Commission Meetingfor A1ay 5, 2006 . \'IMclro-illef.us1ardellhills',PlanningIPlanning Cmes'.2006';06-0/3 Amities CoaST Preliminl/l): PIal & Varia/lce (PENDING)',041806 -PC Report- Amities preliminm)' plat & Variancedoc Page 9 of 11 I I _-.-____n______ 3. The applicant shall include a 12 foot drainage and utility easement centered on all common lot lines, and a 12 foot drainage and utility easement along the right-of-way, . 4, The applicant shall pay a park dedication fee as determined by the City Council at the time the final plat is approved. 5, The applicant shall amend the final plat to be in conformance with all of the comments from the April 19, 2006, memo from the City Engineer. 6, Any extension of City services for the new lot shall be subject to review and approval by the City Engineer and all associated costs shall be the responsibility of the applicant. 7, Erosion control measures shall be installed before any grading or construction begins and shall be maintained and remained in place until groundcover is reestablished and construction is finished, 8, All non-conforming structures shall be removed as indicated on the site plan before the final plat is filed and before any building permits are issued, If, however, this is not possible, the developer shall post a financial surety with the City to ensure removal within one year from the approval of the final plat. 9, A restrictive covenant shall be prepared by the applicant that is subject to approval by the City Attorney that requires all structures on Lots 2 and 3 to be setback at least 40 feet from the eastern lot line, The area from the eastern (front) lot line to 40 feet extending west from the eastern lot line shall be deemed the front yard for Lots 2 and 3. 10. The applicant shall submit an easement agreement that grants permanent access to the right-of-way across Outlot A for Lots 1,2, 3, and 4. The easement shall be subject to approval by the City Attorney and filed with Ramsey County with the final plat. . II, The applicant shall submit an approved road access permit from Ramsey County before the final plat is approved, 12. The driveway shall be at least 20 feet wide and ]3 feet clear in height as required by the Fire Marshal. ]3, The applicant shall deposit into an escrow account or submit a bond with the City Administrator a sum equal to one hundred twenty-five percent (125%) of the estimated cost of the road, utility, and stormwater management improvements to be constructed within the subdivision, The required improvements shall be installed and completed in accordance with the plans and specifications prepared by the applicant and subject to approval by the City Engineer and City Planner. The escrow or bond shall be returned upon completion of the project and final inspection and approval from the City Engineer. 14. The applicant shall obtain any required permits from the Rice Creek Watershed and supply the City with a copy before any building permits are issued. 15, Any changes to the grading or erosion control plan shall be subject to approval by the City Engineer. 16, The applicant shall provide an as-built survey upon completion ofthe project. 17, The applicant shall comply with applicable provisions of the City Code and related ordinances. City of Arden Hills Planning Commission Meeting/or May 5,2006 . I\Melro-fnet_lIslardenhills\Plnnning\PlanninK Cases\]006\06-013 Amilies Comt Preliminol)' Plat & Varillllce (PENDfNG)~0418()6 PC Repan- Amities prdimilllll)' plat & Variance. doc Page 10 of 11 ------ . Although the City cannot require the applicant to prepare a maintenance agreement, Staff strongly recommends that the applicant include a maintenance agreement with the access casement. Resident Comment Staff has not received any official letters or telephone calls from property owners or occupants in regard to this planning case. Notice Notice was published in the Arden Hills/Shoreview Bulletin, A notice was also prepared by the City and mailed to properties within three-hundred fifty (350) feet of the subject property. Options 1. Recommend approval of the preliminary plat and variance as suhmitted, 2, Recommend approval of the preliminary plat and variance with conditions, 3. Recommend denial with reasons for denial. If the City denies the petitioners request, "... it . must state in writing the reasons for the denial at the time it denies the request." 4, Table for additional information, The variance and preliminary plat are contingent upon approval of each other. Deadline for Al!ency Actions The City of Arden Hills received the completed application for this request on April 10, 2006. Pursuant to Minnesota State Statute, the City must act on this request by June 10,2006 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may with the petitioners' consent extend the review period beyond the 120 days, Attachments 3A-l Application and statement from the applicant 3A-2 Plan review comments 3A-3 Air Photo and photographs of the site 3A-4 Survey and site plans from the applicant City of Arden Hills . Planning Commission Meetingfor May 5,2006 \\Melro-inet.uslardenhills'cPlanningIPlanning Case.~12()061.06-0J3 Amities Coasr Preliminmy PIal & Variance (PENDING) 1041806 - PC Report- Amiliespreliminlll)' plat & Variance_doc Page 11 of 11 . Attachment 3A -1 Application and Statement from the Applicant . . ~ For Office Use Only . 0\l\!2~~J-IILLS Planning Case No. n 06-Q1J~ Submittal Date 'to "'-il', 1245 West Highway 96 Application Accepted By Arden Hills, Minnesota 55112 Receipt Number Telephone (651) 634-5120 Council Decision Fax (651) 634-4137 Council Decision Date www.ci,arden-hills.mn.us _'__'H.__"_'.~____."__ ~_'__ 'U'_ ,- 2006 LAND USE APPLICATION --~- ~ u' ~ ------ A Iicant Informati Applicant: Address: Telephone No.: Fax No.: Email Address: Property Information Property Owner o T'\ ~ f'tr.ty ~(4M Owner Address fD. ~u.- !hIls fYl(2- 3?:.xr- ~15lU6fWv Address of Property Involved: . Legal Description: L6"-~ /7 r/ /1' /i'u/ L >" E/? 's h'u_t: RA/D tf./i'? N,..;____A c~_ LS ---------- Property ID No.: Z830z333ooo'{ 28'3023'"$3. Ooo? , Current Zoning: Rz Type of Use: R~s:d..." +:", r ------ Property Acreage: Z . a (, A-c. tIPe of Reauest' 'Applicants are responsible for reimbursement of consultant Apport'onment of Assessments ($30) fees associated with filing, o Comprehensive Plan Amendment ($300) reviewing, and processing of o Final Plat (including in Preliminary Plat) this application, Such fees are to o Minor Subdivision (lot spliUconsolidation) ($300) be paid in escrow up front or o Planned Unit Development ($600 + escrow) upon receipt of statement from ~ Preliminary Plat ($400 + $25 per lot + escrow) the City of Arden Hills. Fees include costs for consultants o Rezoning ($300) retained by the City and include o Site Plan Review ($400) consu Itant planning services, o Special Use Permit or Amended Special Use Permit ($300) attorney, and engineer. o Vacation of Easement ($250 + escrow) Payment of park dedication o Variance (Sign Ordinance) ($250) fees, established by City Ordinance, are required with IlSI Variance (Zoning Ordinance) ($250) certain procedures. . o Zoning Ordinance Amendment ($300 + escrow) Page] of3 Brief Description of Request (please also include a detailed letter explaininq the profect): --~-------_._- . 5e-e. tir-k,j.(,L ."...-_.__. .----------. ---- -- ----------- --~- . _._._---~ ______B_ --~---- ------ -- ------ FilinQ Requirements and Payment of Fees The City requests that you make a pre-application meeting with the City Planner to discuss the application process, requirements, and deadlines. The undersigned acknowledges that she/he understands that before this request can be considered, all required information and fees (including all deposits) must be paid to the City in advance. If additional fees are required to cover costs incurred by the City, the City Planner has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees, Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. The City may withhold final action on a land use application and/or . rescind prior action until all miscellaneous fees have been paid. Applicants are advised that an escrow deposit is required at the time of the submittal of the Land Use Application to offset costs associated with the proposed project. Required Submittal Information The City of Arden Hills requires the following submittals for all Land Use Applications: . A certified land survey, . Site plan(s) (for all development projects). . Five (5) large scale copies, folded in sets no larger than 8 Yz" x 14" with the print side facing out, . Fifty (50) copies of 11"x17" reductions of ALL PLANS MUST BE 3-HOLE PUNCHED AND Z- FOLDED. . Mailing labels of all properties within 350 feet of the property (this information may be obtained from Ramsey County). True and accurate representation of the requirements outlined in the procedural fonn for the specified type of request is the responsibility of the applicant. Complete/lncomplete Applications An incomplete application will delay the processing of land use requests, The application approval time commences and an application is considered officially filed when the City Planner has received and examined the application and determined that the application is complete. A decision on whether the application is complete or incomplete shall be made within fifteen (15) days following the submittal of the application. When the application is deemed to be "complete" it shall be placed on the agenda of the first possible Planning Commission meeting occurring at least thirty (30) days from the date of official . submission of the application, Page 2 on 04/07/2005 11: 51 7535312192 PAGE 02 . April 3, 2006 To whom it may concern: I am writing to request a variance for the project at 3695 New Brighton Road for the following reasons: We have met with the county and at their recommendation are eliminating two driveways which exit onto New Brighton Road and making one new driveway which will service the two existing lots and the two new lots being created. This eliminates one access onto New Brighton Road and eliminates the one driveway which is close to the comer oEThom. There is no other way to access the new lots without the creation of a central outlot because of the lot size and topography. A city street and cul-de~sac are too wide to allow for the subdivision of the new lots and would require the elimination of significant additional green space. Tbis new driveway will be accessed and maintained by the four lots it serves. There will be a maintenance . agreement and easement drawn up to establish its use and care, The layout of the land does not allow for any other option to reduce access to New Brighton Road by eliminating one of the driveways, This central location maximizes access, lot size and configuration as welL It is in keeping with the other accesses for homes in the area and increasing the size of the development by less sites than zoning would allow, We feel this variance will help create a new positive addition to the area enhancing the already existing single family homes, It maintains the essential character of the area, U~=~~~~ ~.~ Phiiiittlefi~; Amities President . . Attachment 3A - 2 Plan Review Letters from the Lake Johanna Fire Department and the City Engineer . . __________________________u _ LAKE JOHANNA FIRE DEPARTMENT 5545 LEXINGTON AVENUE NORTH. 5HOREVIEW, MN 55126 OFFICE (651) 481,7024. FAX (651) 486-8826 . April 13,2006 James Lehnhoff, City Planner City of Arden, Hills Site Plan Review Burroughs Lane Arden Hills, MN > Access/Drivewav must be maintained at 20' wide and 13' clear in height. ,. Verify length of access/Driveway. . Sincerely, ~cY~ Eric Nordeen fire Marshal Lake Johanna Fire Department . SERVING. ARDEN HILLS. NORTH OAKS. SHOREVIEW . SINCE 1943 ------- ~ . ~ EN HILLS MEMORANDUM DATE: April 19, 2006 TO: James Lehnhoff, City Planner FROM: Kristine Giga, Civil Engineer SUBJECT: Planning Case #06-013: l'reliminary Plat and Variance for a Flag Lot The following are comments based upon a review of the plans submitted on March 23, 2006: General . While it is not standard practice for the City to allow the construction of private streets, it is unlikely that this variance for a private street will have a negative impact on the City or neighborhood. . . The developer will be required to obtain necessary permits, including, but not limited to, NPDES, Rice Creek Watershed District, Ramsey County. Sheet] . Include on,site benchmark on the title sheet. SheetZ . Include on-site benchmark on the plan sheet. . Add street names to the plan sheet. . Provide rim elevations for the sanitary sewer manholes, . Provide service invert elevations at the wye, . The street pateh on New Brighton Road shall be reconstructed per Ramsey County requirements, Sh"ell . Include on-site benchmark on the plan sheet. . The word "immediately" is misspelled in Note 6E. . Adjust the proposed contours on the north side of the building pad on Lot 2 to be no steeper than a 3: I slope. . Extend the silt fence to the south for approximately 130 feet to protect wetland from all upstream land disturbing activities. . Provide storm sewer design information (rim and invert elevations, pipe size, etc.) . Please identify the material to be used for driveway construction, Sheet 4 . . Identify location of gravel construction entrance on plan sheet, \\MetJo-incl.us\ardenhills\PJanning\Planning Cases\1006\06-013 Amities Coast Preliminary Plat & Variance (PENDfNG)\041806 City Engineer Report.doc ---- . Attachment 3A - 3 Air Photo Map and Photographs of the Site . . . .fl o :;;: fi c . , " . - ~- ~ S ~ ~ ~ '" ID - ~ "i ~ ~ 'I: ? ~ r ?- 0 ID <n 1li lJj ~x;~~o::: ~ ~z '" .9-0 1!l:I: ~ <II ." .a il s: ill a '~'ill~c"iiv~~~ _ 50'i::!3S~~~a..fVl "'0 8 Eoc"'lIlu c:. .... - 0 I" C ~ o ~ - ~~ ~ON co - 0.00 E~l: .;gE-< a 5.g~ u.. .0" ~e~ t::~"E 0.. j~~ "0..<2 e e"" o~c u , . "'.Eca .!2 o'e 0.- . E'~ s "'] g BOllV ... -- "C ~~,z ~ g~g o ~:N IV "e~ ..... ~:~ ',,~ = 2~s o 8E~ ~ ~~~ .J:: "Sbo Oll oe ..... 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",~!3 0", Z -(Iil ~ .R ~" '<I ~~ ~ ~ ~~ B ~ Q~ .... !02 .".... '" :;!~ 0 ~ ~o ~ .. ~ ~ ~~ o ~ ~ '" o~ 'Tl z '" --( ~o ~ ~ ~ ~ ~1i ~ . ~ ~~HILLS MEMORANDUM DATE: April 20, 2006 PC Agenda Item 3.B TO: Planning Commission FROM: James Lehnhoff, City Planner SUBJECT: PC #: 06-015 1212 LLC Rob Davidson 3900 Northwoods Drive #125 Ordinancc Addition to Allow Higher Education & Special Education as a Permitted Use iu the B-4 Zone Requested Action The applicant is requesting a Zoning Ordinance addition to allow higher education and special . education as a permitted use in the B-4 Zone. Overview The B-4 Zone The applicant is requesting "higher education" and "special education" be added as a permitted use in the B-4: Retail Center District Zone. The B-4 Zone encompasses those properties immediately adjacent to Dunlap Street North between Red Fox Road and Grey Fox Road (Attachment 3B-2). Section 5.D.9 states that the purpose of the B-4: Retail Center District is: a. To meet retail shopping needs of the surrounding community by providing a district that will accommodate a wide range of retail goods and services. b. To promote business prosperity by creating an attractive and functional retail center. City of Arden Hills Planning Commission Meetingfor May 3, 2006 . \\Metro-incLus\ardcnhills\Planning\Planning Cases\2006\06-015 Education Ordinance amendment\042006 - PC report ~ 12J211c ordinance amendment.doc Page 1 of 4 c. To provide an integrated retail trade center that groups compatible retail uses in one or more multiple-occupancy buildings. Free standing, single- . occupancy buildings wiIl be allowed if planned and constructed as part of a unified development that contains a retail center or is developed after such a retail center is developed. d. To produce a positive visual image by establishing a high standard of design and development. e. To allow transitional uses that wiIl allow an orderly phasing out of existing uses and development that are not appropriate in a contemporary retail center and a phasing in of uses and development as warranted by market conditions. f. To encourage grouping of uses that are mutually supportive and have similar requirements for vehicular and pedestrian accessibility and exposure. g. To alleviate potential traffic congestion on local streets by the design ofthe circulation pattern and arrangement of uses. h. To implement that part ofthe Arden Hills Comprehensive Plan known as the Lexington Avenue Business Area Plan. Higher Education CUlTently, the Zoning Ordinance permits higher education in the R- I: Single Family Residential Zone as part of a planned unit development and the CC: Civic Center Zone as a special use. Higher education is defined in Section 2 of the Zoning Ordinance as: Schools, higher education. Junior colleges, colleges and universities approved by . the Minnesota higher Education Coordinating Board for the Minnesota Department of Education. Higher education would include institutions such as the University of Minnesota, Bethel University, Northwestern College, and other traditional types of colleges. Special Education The special education use is permitted as a special use in the B-1, B-2, B-3, and CC Zones. The B-3: Service Business District Zone is adjacent to the B-4 Zone to the east. The B-3 Zone includes many of the commercial uses in Arden Hills along Lexington A venue. Although similar in function to higher education, special education is defined as: Schools, special education. Trade, vocational, business, barber, beauty, art, music, dancing, driving and other professional schools, with or without on-site housing. City oj Arden Hills Planning CommIssion MeetingJor May 3, 2006 \\Metro-inet.us\ardenhills\Planning\PJanning Cascs\2006\06-015 Education Ordinance amcndmcnt\042006 PC report - 121211c ordinance . 3mendment.doc Page 2 of 4 Ordinance Addition Analysis . CURRENT LAND USE p ~ Permitted S ~ Special Use Permit D Planned Unit A ~ Accessory ~ ~ Not Permitted SA ~ Special Accessol1' Use Permit III ILSES R.l R-2 R.3 R.' NB B.I IB-2 B-3 B-4 CC 1GB 1-1 ].2 I.FLEX School. General EducatIOn S S S S -- .. , -- -- -- s 1-- -- - - t.schQQL I ]j~her Education D -. -- -- ;~'- !~~, -- ..!'....- Sl."~ .. i School. Special Edllca~i_QI} - -- S p S -- -- -- If approved as submitted, the land use table and Zoning Ordinance would be updated as indicated in the table above. The applicant has submitted a letter explaining the reasons for the proposed Zoning Ordinance addition. The City docs not have a specific set of review criteria for evaluating a Zoning Ordinance addition; however, the primary issues to consider inelude (but are not limited to): 1. ]s the proposed use compatible with the other uses in the 8-4 Zone? 2. How will the proposed use affect the 8-4 Zone? 3. ]f allowed, should the proposed use be a permitted use or a special use? While the stated purpose of the 8-4 Zoning District is retail focused, there is relatively little traditional retail activity in the 8-4 Zone and significantly less traffic than the neighboring 8-3 Zone where there is a concentration of retail activity. Most of the existing uses in the 8-4 Zone are office or service based with warehousing as an accessory lise. A full list of pemlitted, . special, and accessory uses in the 8-4 Zone is in Attachment 38-2. When reviewing a Zoning Ordinance amendment or addition, it is important to consider how the change would affect the entire zone instead of one specific property. ]f approved as proposed, higher or special education could be a permitted use on any property in the 8-4 Zone. Overall, higher or special education is unlikely to have a negative impact on the 8-4 Zone. Except for potentially different traffic patterns and parking requirements, higher or special education settings are often quite similar to office settings. While there may not he a significant negative impact from higher or special education, there is the potential for higher or special education uses to affect traffic patterns and/or parking. The special use pemlit process is designed to ensure that parking, traffic movement, and other potential negative impacts of a special use are mitigated as much as practical. It should also be noted that educational uses are designated as special uses or required to be paIt of a planned unit development in the other zones where educational uses are allowed. City of Arden Hills Planning Commission !vfeetingjor Nfay 3, 2()()6 . \\Metro-inct.us\ardenhills\Planning\Planning Cascs\2006\06-015 Education Ordinance amendment\042006 - PC repan - 1212lk onJimmcc arneuomenLdoc Page 3 of 4 Resident Comments StalThas not received any letters or telephone calls from property owners or occupants in Sllpport . of or against this planning case. Staff Recommendation In Planning Case #06-015, Staff recommends approval ofthe Zoning Ordinance addition to allow higher and special education as a special use in the B-4 Zone. While higher and special education uses are unlikely to negatively affect the community, these types of uses are special uses or part of a planned unit development in any other zone where they are allowed, and it is important to manage the parking and traffic patterns. Notice Notice was published in the Arden Hills/Shoreview Bulletin. A notice was also prepared by the City and mailed to all properties in the B-4 Zone and additional properties within three-hundred fifty (350) feet of the subject property. Options 1. Recommend approval as a pennitted use. . 2. Recommend approval as a special use. 3. Recommend denial with reasons for denial. If the City denies the petitioners request, n ... it must state in writing the reasons for the denial at the time it denies the request. n 4. Table for additional information. Deadline for A2encv Actions The City of Arden Hills received the completed application for this request on April 18,2006. Pursuant to Minnesota State Statue, the City must aet on this request by June 18,2006 (60 days), unless the eity provides the petitioner with written reasons for and additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Attachments 3B-I Application and statement from the applicant 3B-2 Map of the B-4 Zone & land use chart 3B-3 Photographs and air photo of the B-4 Zone City ojArden Hilts Planning Commission Meeting for /v/ay 3, 2006 \\Metro-incLus\ardcnhills\Planning\PJanning (:a:<':C5\2006\06-0 I 5 Educalion Ordin;mce amcndment\042006 - PC report - 12121lc ordinance . amendrncnt.doc Page 4 of 4 . Attachment 3B-l Application and Statement from the Applicant . . /,--'-' i. !.; ,-~L~) .... -.--- :-j:or~omceuseonly - =-'= /"~--- I Plann Ing Case No. 06. !) ! . f,~!iILLS Submittal Date ~ , 1245 'v'v'est Highway 96 I Application Accepted By , Arden Hills, Minnesota 55112 I Receipt Number 1 elephont; (651) 634-5120 Council Decision ---I Fax (651) 634-4137 Council DecIsion Date ',;vww. ci .arden-hilis. mn .us ---J ------ 2006 LAND USE APPLICATION Applicant Information Applicant 1;;1,/ :;I, U(2 Address: 3 tJ 00 ;J ~W"w...p..~ di \.;4 '" i:7. 5, W tLiA1 IL'Uj i17.J :,5/J;A ,~ Telephone No.: '"' ",- I. 'I? I . L J.ti D ______u____ _______ _____ Fax No . &51. '-!/iI-&J,S'"1 Emall Address. ROD @c;.,RlJiD50IJ('oS. L'om ------------ Property information Property Owner ;:J.u, L. L. I!--- Owner Address 3'100 A1~~o..wp-.i./)Jh, -ti1J.5, Cu. ~ I.LU-1, rnrJ 55JJJ, . Address of Property Invo!vec --;J,I?-- 14, d 1-,;/../. J!./J-(l..J , {U,,Lul N;'UJ r)-}rJ ~51(;;J., Legal Descnption The North 323.01 fect of me West 300A feet of me East half ofllie Southeast Qilllrter (E II, ofSE 'I.) of Section 27, Township 30, Range 23, according to the U.S. Government Survey thereof, Ramsey County, Minnesof:L Property ID No. ;l.r;. 30. :2.'3. ell. DOlO ------,-------------- Current Zoning: 13.../ ----~----~_. .- ._--~-- Type of Use ~'".L- / tc) fL4J..G!J-u,_.4.L..-J ------------~ Property Acreage: :r :. iJ --.-L q s- ~.5 Type of Request* 'Applicants are nesponsible for U Apportionment of Assessments ($30) reimbursemenl of consultant o Comprehensive Plan Amendmenl ($300) fees associated with filing, o F,na: Pial irncludlnri In Prelrrnlnary Plat) reviewing, and processIng of thrs application Such fees are fo o Ivlrno! Subdrv!Slon (ID! splillconsolldatron) ($300) be paid in escrow up front or U Planned Unit Developmenl ($tiD() ~ escrow) upon receipt of statement from o Prelimlna.ry Plat ($400 ~ $2:) pel lot -j- escrow) the Crty 01 Arden Hills Fees HlclucJe costs tor consultants o Rezoning ($300) retained by the City and include o Site Plan Review (Si400) consultant planning serVIces, o SpeCial Use Permit or Amenderj Speclai Use Permit ($300) attorney, and ellgJlleer. .0 Vacation Df Easemenl ($2,"0 ~ "escrow) Payment of park dedicatron fees, established by City o VcJr!ance {Sign OI-dlnanC8j ($2::)[J) Ordinance, are reqUIred with o Variance (Zoning Ordinance) ($250) certairl procedures ~ ZunirifJ Ordlr]~':Hlce Arm::rldrncn1 ($300 ~v) P<-lge J of3 Brief Description of Request (please also incl~_d.e a detailed letter explainlnq the proiect): 0.u Ct;/;:tZt !"j( ..uL ------------- . ~ - ------ ----------- .__.~---- ------- ---...- ------ ---------...---- -- Filinq Requirements and Payment of Fees The City requests thai you make a pre.application meeting wlfh the City Planner to discuss the apptication process, requirements, and deadlines. The undersigned acknowledges that she/he understands that before this request can be considered, all required information and tees (including all deposits) must be paid to the City In advance. If additional fees are required to cover costs incurred by the City, the City Planner has the right to reqUire additional payment trom one or more of the undersigned, who shall be jointly liable for such tees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. The City may withhold final action on a land use application and/or . rescind prior action untii all miscellaneous fees have been paid. Applicants are advised that an escrow deposit is required at the time of the submittal of tile Land Use Application to offset costs associated with the proposed project. Required Submittal Information The City of Arden Hills requires the following submittals for all Land Use Applications: 4 -',; . A certified land survey. .> ~ ------ . SITej5laYi\ST(1cjralnfevelopment projects). . Five (5).large scale copies, fotded in sets no larger than 8 ;0" x 14" with the print side facll1g out, . Fifty (50) copies at 11 "x17" reductions of ALL PL.ANS MUST BE 3-HOLE PUNCHED AND_Z.. FOLDED. . Mailing labels of all properties with in 350 feet at the property (this informalion may be obtained from Ramsey County). True and accurate representation of the requirements outlined In the procedural form for the specified type of request IS the responsibility of the applicant Complete/Incomplete Applications An IIlcomplete application will delay the processing of land use requests. The application approval time commences and an application is considered officially filed when the City Planner has received and examined the application and determined that the application is complete. A decision on whether the application is complete or incomplete shall be made within fifteen (15) days following the submittal at the . application. When the application IS deemed to be "complete" it shall be placed on the agenda of the first possible Planning Commission meeting occurring 31 least thirty (30) days from the date of offiCial submission of the application. Page 2 of] Notice of Meetinq Attendance In order lor the Planning Commission and the Cjty Council to consider any application, the applicant or a . designated representative must be present at the scheduled meeting. If not, the matter will be tabled until the next available agenda. Aqenda Deadline and Meetinq Schedule The deadline for submittal of land use applications is required according to the schedule outlined below. There are no exceptions All Planning Commission meetings are held on the first Wednesday of each month at 7:00 PM. City Council meetings are held the last Monday of the same month at 7:00 PM. Meetings are held In the Council Chambers at the City of Arden Hills, 1245 West Highway 96. Arden Hills, Minnesota 55112, unless otherwise slated. Applicants are advised that additional meetings andlor workshops are scheduled when necessary upon approval of the Planning Commission. 2006 SCHEDULE ('subject to change) ----.--- --"-', TENTATIVE TENTATIVE PLANNING CITY COUNCIL COMMISSION MEETING APPLICATION MEETING* DATE* DEADLINE (Generally held on (Generally lleld on DATE* 1" Wednesdav at 7:00J)JllL~_ last Monday at 7:00 D.m.) ----- --- .'._--,-- December 5(2005) 'an""ry 4 , Januarv 39 ..... UOI', January 3 February 1 February 27 ----~._- Februarv 6 March 1 '.' March 27 C---------------. March 6 A[lIiI..5....-________ April 24 1--- . , April 3 May 3 . ! '. Mav22 " -.--" ---------- - May 1 June 7 June 26 June 5 . Jul\'..5,__ , JUly31 '-'--"-- July 3 ._--~ August 2 Augusl 28 August 7 _~____n September 6 , Se--pteiilber25 September 5 October 4 October 30 ._._--,._---~ October.2 November 1 November 27 November 6 December 6 December 11 ------- -- ---". Januarv 3 (2007) -- December 4 January 29 (2007) -- Acknowled~ement and Siqnature I acknowledge that I have read all of the information listed in the City of Arden Hills Land Use Application and fully understand that I am rsponsible for all costs Incurred by the City related to tile processing of this apPli~ 0' 4(;& / /60 --~-- Applicant Signalure Date Please contact (he City Planner at (651) 634~5134 If you have any questions regarding your application. . Additional copIes of this application form are al/ai{able on the City's website: h ttD://wW~1/_ crarden-hills. mn, u s/DefJartments/CommumN Develoomen tJPlannillQ!olan nino form s. h tr f/ Page 3 of 3 1212 LLC is requesting that the B-4 Zoning be amended to include Higher Education . and Special Education, hereinafter referred to as "HS Education" uses within the B-4 District. HS Education is an industry which is experiencing phenomenal growth as it addresses the needs of adults desiring additional education while at the same time maintaining a career or raising a family. With the exception of the Civic Center District which is limited to the area adjacent City Hall, the Arden Hills code does not provide opportunity for HS Education uses to operate within the City. HS Education within the B-4 Zoning will provide an orderly redevelopment of properties to a use that the market is demanding HS Education will be conducted in very similar surrounding as a typical office use (office is a permitted use in the B-4 District) would. Offices finishes would be similar to those found in your typical suburban office complex. HS Education use as described herein is generally conducted after 5:00 pm, thereby alleviating traffic congestion. Additionally, with a start time after 5:00 pm HS Education will bring people to the Arden Hills Community in the evening to utilize restaurants . (Perkins, Blue Fox, Burger King), grocery/hardware store, banks etc., all of which would benefit by an evening influx of people to the Community. Buildings that are meeting the HS Education demand for facility space must be attractive, modern and up to date in order to be competitive for this highly sought after HS Education need. Therefore to meet the HS Education need the market place we'll require appropriate upgrading and high levels of design and development to the facilities. This accomplishes one of the critical criteria's of the B-4 District. In conclusion, HS Education uses are very similar to office use, (permitted in the B-4 District) conducted in a professional environment, in facilities containing high standards of design and materials, bringing people/consumers to the area to utilize existing services while at the same time not negatively impacting the traffic with the majority of the services being provided during off peak hours. . . Attachment 3B-2 Map of the B-4 Zone & Land Use Chart . . I l I ~ ~ EN HILLS Zoning Map: I 8-4 Zone ! ~ . B-4 - Retail Center District r~ _ B-3 - Service Business District Ig> (x B-2 - General Business District :!: Right-of-Way Water -) Note: The zoning district designations represented i on this map correspond to the City of Arden Hills , Official Zoning Map. Questions concerning the Zoning Map should be directed to the City Planner. lellYSt Zoning designations are subject to change. Please refer to the Zoning Ordinance for complete information. Source: City of Arden Hills jE Ramsey County ! MN DNR MnDOT April 26, 2006 , i 0 215 430 860 , I Feet I I E. LAN)) USE CHART p ~ Permitted S Special Use Permit D ~ Planned Unit A ~ Accessory Not Permitted SA ~ Special Accessory Use Permit _S ZONING DISTRICTS ----- ~C-" .-. -e", iR.l R-2 fR-3 -I R-4 NB B-1 'B-2 B-J B.4 CC GB I-I 1-2 I-FLEX I Antenna Dish or TO\~'eJ ISA <;;A I SA SA SA SA iSA :A " -- SA SA SA SA ~nl! House .. ,~- S S. S,__ -- -=-1-= -- --- S -- -.. -- - ,. Business Service _!ce, -- A : P p P S P P P P Clinic - -- p P I P 1'...P S P P P p ~.~!~_9! Lodge (non-pt:!:lfiJL_ ; == -- -- -- ~ P ip p 1_- S -- -- - Club Snorts & Fltness -- -- -- - -- A I P pip s P P -- P ; l:nmm""'''ial R....f'Tcatio Ip P ,lJ' p .. Dav CareJResidentiaJ Faci]itv: - . Dav Care radlil ]Oorlcss P Ip Ip Ip 1,\ _+A. IA IA IA IA IA fA IA IA v I I p Pip I pip I ,. I pip p P Residential Facilitv onr je" I p p p Ip - - 1..- .,. -- S -- -. __. .Qver_6 I, !.C~ .L..J_s S s S Dog Kennel , - -- -- - -~ "S- -- - -- -- - -- [)QgRull (~- A ____A - -- -- I ~ ~ - -- - - -- - Drive-in Business -- -- is , s ! s A Dry Clcanill-R. & Lallnd I I 1 1 Pick Un Station , - -- -- is -- : A ! A ! '--- - A -- -- -- Self Scn'icc Laundry -- ----_"0 -- -- -- - S -- S S - -- , ~ -- -- Dwpllint:f: Sino-]C-Famil . Attached S S ]) [) io -F mil t..ched p p p -- - SiMle Familv under dcnsitv zonino- D ID __D D I '_ 10__ I~- -- -- I - Two-Fami] _. S ! s P i p s 1__ -- -- -- D ! D _!,-!,e- I, _I- - _.---.- Multiulc Family -- -- S D -- -- Earth-sheltered llome - ~> S ! , S-t~~--i== !-~ -- 'ti>" Financial Institution & Service - - == =c PIP P I PiP S P P P Garaoc Truck -- -- -- I~- I, I, -- S . __.LS. Home Oeeunation- eEl A A A A I A -- ,,,11 SA SA SA SA SA -- tellM_P1t;;l _- - -- - -- 1-= -- P P S S S -- - S I -- House onVorshiu S S S S ---- - -- -e ~--- S -"-c -, -- -- I Institutional Housin[! ! S ------ S S S -- -- -- S , T ;Jnd Recbmalion S S._ ..Ls s s s S . -c---- S S S S S S S Manufaclurinn & Pmcessino: ____On Class I -- i == I ~ -- -- A A A -- P P P P Class II -- ! - -- - .<(,- - S- -- p -- -- - -. Minino S _.JS s s s s s S 5 S S Manufactured Home Park - i ~= ,S -- -. - -- -- -- -- e- -- ---- - l'...lortuarv. Funeral Home :~- (:= I=:- -- -- -- -- -- -- p p -- S -- -- -- Mt.!l!i.QIe Use Ooeration - S S S S S S S su_ ~~ S Nurser S Is I ~= S_ -- -- -- -- - -- --- J2ffi~~- I e_ -- p p p p p p p L p +~ "..". --"- Pav.m Shon -- I ~- I ~- -- - --- .=-" -- - -- ---- -- Personal_ Service _________n__ __ 1-- :__ 1",",- S A Y p p S P LA Public Use S" IS Is Is ,S-=-::t s S s S s Is --. ..5,_ s Research ..-~_P 5 S -.:..- I -! P p P 'p ,,, Research Animals == :: i~: -- -=: -; -~-~--- ~=-- .L_ __ 1 c_ 1 c S S -- ~stauranL_ _ -- ---, ~ , S -~ p p p ; S ! p s S_L Restaurant-Fast Food __ 0: ::==!p !~ s s S I' ,: ~I;;~ i- A- Rc~iL~ales & Service p p piS i A : A-- Service Station -- -- -- -- 1-- I~- 'r'c- -- I s -'"-.. S S -- --- S -= Sl;:JIQ9I,Geuer-al Education S S S S i __ ,~__ -- -- -- __l~_ ~: - School Hil:Jher Education D -- ~;-~: ~~:'- ~." -.. --- S '- i School Soccial E"ducati(j!!__: -- S -- S -- -- -- -- S!()T?gc, Exterior - - -- - -- -- SA -- Studio -- -- ---~ IS ,5 ,p P P S -- -- -- --;I;b~ater. Indoor _ __ Ip~ - --w-=: ~=--I~~ Ic= p S -- -- ------- Utilnv Distribulion Line p p p. C i~~i~= ~J:~ -- p p p p --- lhililv Substation c -- -- S S -- --- Utilit Transmission S s Is S S IS,. Ls s IS -- S S S S Vehicle. Motorized -T End Rent"b I, I. 1'- S S 1,- -Ioc+ - . -f-t--+; rehousin' -- -- -- 1-- f . - I A ,,_..J..A.--'.A -- IS p 'p S . Attachment 3 B-3 Air Photo Map and Photographs of the B-4 Zone . . . ~ ~ 15 . ~ :;;: . . .., ~~~ ~ l!~ ~~z~~ lG ~~ " 98!~" ,."z S :::: ~ 4J C "':tI ~ 1 " 'Ii ~iJ~~~~"! 'C =<: SVl S;:tna.:I:<n ~ , ~'%,\ [J ;, "0 0 - .z o ~ .~~g EgN .z ~::: .$ ~.r:: 4E:-< -' . - o~~ @8"O <0 ~~ c~ e .,g e.g ~ .....;,;; 'atS e s"" 8~a :.8~ '~2 ~ s.~ e .~] g F'"U cU~tS co'" 0",0 _.0 .~N "'0 :c ~. ~ll< 2- . .,,, 00" .....-"0 "0"8"", ..~ . "5 ~8 .53 e -~ 80 ;; ~ 8 a~] i7"Oo<:! c:lij"ii :::l<tloB -8 ~E gOe o.e15 Sou -o~:s v ~ ~"~ o;ig f2N ~~~ ':ii1 f;.' ~g.,: .0 _u ll~e ,~'u~ ;~g .- 0 e g:S ~ E'. c"' ... :E1:~ ...-... ~g\O <0-0 ::0;.0 _~N :5"0\0 U '" "'.....;./ Q , , , ,I ,-- ! . :[ .- ~.~-c~~".:~ ,;~". .~~(~-.. ~"L ,~~ ..--- ,..~, ..-"~; .- Q) Q) c c 0 0 N N ,. ,. m m Q) Q) .s::: .s::: - - c c ,- OJ OJ .~ C '0 '0 :::J :::J m m , Q) Q) c c 0 0 N N ,. ,. m m Q) Q) .s::: .s::: .... - -~ c -- OJ OJ C c '6 , '0 '3 :::J m m "0 Q) 0::: "0 c: eo - Q) Q) ~ - (/) Q. eo c: :J 0 Q) ..c: - E e c: '+- 0 ........:;:::: '" () Q) Q) 3: '" ..c: ~ _2 :J c: 0'- "'''0 0> eo c: 0 :QO::: e o x .3~ x 0 u.. "0 Q) 0::: "0 c: eo ~ Q) Q) ~ ~ (/) Q. eo c: c: :J 3: 0 0 "0 Q) ..c: ..c: - ..e ~ E c: :J 0 o 0 '" ~ .- '+-- 0> - () c: '" Q) :Q eo ~ 0 Q) Q) .3 0><:: c:-- :Q"O 0 eo o 0 -l0::: , < ' . ~ ~HILLS MEMORANDUM DATE: April 20, 2006 PC Agenda Item 3.e TO: Planning Commission FROM: J ames Lehnhoff, City Planner SUBJECT: PC #: 06-016 1212 LLC Rob Davidson 3900 Northwoods Drive #125 Special Use Permit for Higher and Special Education ReQuested Action The applicant has requested a Special Use Permit for Higher Education and Special Education in the B-4 Zone. This application is contingent upon Planning Case #: 06-015, which is a request to . allow higher education and special education as a permitted use in the B-4 Zone. At Staffs recommendation, the applicant has submitted this application for a special use permit if Planning Case #: 06-015 to add higher and special education is designated a special use instead of a permitted use. lfhigher and/or special education is added to the B-4 Zone as a permitted use, this application is unnecessary and may be withdrawn. If Planning Case #: 06-015 is denied, this application must be denied. Backeround 1. Overview of Request: The applicant is requesting a special use permit for higher education and special education in the B-4 Zone at 1212 Red Fox Road. The definition of higher education is: Schools, higher education. Junior colleges, colleges and universities approved by the Minnesota higher Education Coordinating Board for the Minnesota Department of Education. City of Arden Hills Planning Commission Meetingfor May 3,2006 . \\Metro-inet.us\ardcnhills\Planning\Planning Cases\2006\06-016 1212 LLC Special Use Permit for Higher Education\042006 - PC report- 1212JJc SUP.doc Page I of6 --....----- . Special education is defined as: . Schools, special education. Trade, vocational, business, barber, beauty, art, music, dancing, driving and other professional schools, with or without on-site housing. This proposal would allow classes, seminars, and other types of higher and special educational uses to occur in the existing building on the site. The existing building is 20,000 square feet; however, only 10,000 square feet of the building is finished space_ With this proposal, the remaining 10,000 square feet would be finished off as office space/classroom space and the other 10,000 square feet would be remodeled. Approximately 7500 square feet of the structure is proposed for the educational use. The remaining 12,500 square feet would be used for office purposes. The applicant is not proposing any additions to the structure. The exterior of the building will be upgraded as described in the applicant's narrative. The applicant has included a picture ofthe nearby Anchor Bank building that was upgraded by the applicant and is an example of how the 1212 Red Fox Road building may be upgraded. Any new signage would require an approved sign permit. 2. Surrounding Area: . North Ind ustri al I-Flex Office South Industrial B-4: Retail Center District Office/W arehouse East Industrial B-4: Retail Center District Office/Commercial West Industrial I-Flex Water tower 3. Site Data: Fu(ul'eLaijlJl..I$erl~n: Industrial Exi~dllgLana:;m~e;> Office/warehousing B 4: Retail Center District lAf(Siic: 1. 9 5 acres The property is flat. City of Arden Hills Planning Commission Meetingfor May 3. 2006 \IMetTO-inet.us\ardcnhills\Planning\Planning Cases\2006\06-016 1212 LLC Special Use Permit for Higher Fducation\042006 - PC report - . 121211c SUP. doc Page 2 of6 Plan Evalnation; Ordinances . 1. Special Use Permit Section 8.D.3.b of the Arden Hills Zoning Ordinance lists the criteria for evaluating a Special Use Permit. The Planning Commission and City Council shall consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, in particular, and the community as a whole. The evaluation criteria inelude, but are not limited to, the following factors: I. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and stmctures on surrounding land; adjoining land values; 6. Park dedications where applicable, and the 7. Orderly development of the neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the City. 2. Parking . The primary impact from the proposed educational comes from change in parking patterns. Section 6.F.l.j requires one parking space per 250 square feet of gross floor area in business and professional office buildings. The Zoning Ordinance does not include a standard for higher or special education uses. However, the Ordinance docs state that parking requirements for uses not specifically noted in the Ordinance are set by the City Council after a recommendation from the Planning Commission. Office Size Parking Standard Parking Spaces Required 20.000 1 space/250 sa ft 80 For higher education and special education, the parking needs are similar to businesses that have shift workers. For example, Other Business and Industry requires "One space for each employee on a shift." Since most students are likely to drive to the property, Staff recommends that the higher and secondary education requirement for this particular application be one parking space I()r each student in addition to the standard office requirement. City ajA rden Hills Planning Commission Meeting/or May 3, 2006 . \\Mclro-inet.us\ardenhills\Planning\Planning Cases\2006\06-016 1212 LLC Special Use Permit for Higher Education\042006 - PC report- 12121lc SUP.doc Page 3 of6 Use Square feet or Parking Standard Parking Spaces Excess people Spaces Provided Required . Office Bam - 5pm 20.000 sf 1 space/250 sq ft 80 100 20 During normal business hours from 8 am to 5 pm, the parking requirement for this building would be 80 spaces for 20,000 square feet of office space. According to the applicant, after 5 pm approximately 7,500 square feet would be used for educational uses for 80 students and 2,500 square feet would be used for office purposes. The office parking would require 10 spaces and the educational use would require 80 spaces, one for each student, for a total of 90 spaces. The remaining 10,000 square feet of office would be unused after 5 pm. If additional parking is necessary, parking could be added through the site plan review process. The lot has approximately 6,200 square feet of space available for additional parking. Square feet Lot 84.942 Building 20.229 24% 25 % Maximum Parking 37,321 44% Total Lot . Cover 57,550 68% 75 % Maximum Landscaped 27,392 32% 25 % Minimum Available for parking expansion 6,157 7% Findin2S of Fact The Planning Commission must make a finding as to whether or not the proposed Special Use Permit would adversely affect the surrounding neighborhood and larger community as per the aforementioned factors. Staff offers the following findings for consideration: I. The proposed use may increase traffic during certain times of the day when classes are ending or beginning. The applicant is not proposing to increase the number of parking spaces. Overall, the use is unlikely to significantly increase congestion or parking needs. 2. The proposed use will not produce any additional noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, or any other nuisance characteristics. 3. The proposed use will not affect drainage. City o/Arden Hills Planning Commission 1l1eelingfor May 3, 2006 \\Metro-incl.us\ardenhills\Planning\Planning Cases\2006\06-016 12]2 LLC Special Use Permit for (Jigher Education\042006 - PC report- . 12121k SUP.doc Page 4 of6 4. The proposed use will not affect the permanent population density of the . neighborhood. 5. While the extcrior will be upgraded, the changes will be compatible with existing uses and structures in the surrounding properties_ 6. The park dedication fee does not apply. 7. If higher education is approved as a special use in Planning Case 06-015, then this use will be in conformance with the Zoning Ordinance. The proposed use does not conflict with the Comprehensive Development Plan. Resident Comments Staff has not receivcd any letters or telephone calls from property owncrs or occupants in regard to this planning case. Staff Recommendation In Planning Case #06-016, Staffrecommends approval of the Special Use Permit based on the findings of fact and subject to the following four conditions: I. The building shall not cxceed it maximum occupancy at any timc. 2. Construction shall not begin without the appropriate permits. 3. Any outdoor signage shall rcquire an approved sign permit. . 4. If the parking lot is unable to accommodate the parking needs of the building, the applicant shall incrcasc the number of parking stalls to mect the City's parking requirements through the site plan review process. Options I. Recommcnd approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial with reasons for denial. If thc City denies the petitioners request, " . . .it must state in writing the reasons for the denial at the time it denies the rcquest." 4. Table for additional information. City of Arden Hills Planning Commission lllfeetingfor l'v/ay 3,2006 . \\Mctro-inet.us\ardenhills\Planning\Planning Cases\2006\06-0J6 1212 LLC Special Use Permit tor Higher Education\042006 PC repon- 121211c SUP.doc Page 5 of6 Deadline for Al!encv Actions The City of Arden Hills received the completed application for this request on April 18, 2006. . Pursuant to Minnesota State Statue, the City must act on this request by June 18,2006 (60 days), unless the city provides the petitioner with written reasons for and additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Attachments 3C-l Application, statement, and pictures from the applicant 3C-2 Air Photo, photographs, and survey of the site . City of Arden Hills Planning Commission A1eetingfor May 3, 2006 \\Metro-incLus\ardenhiJls\Planning\Planning Cases\2006\06-0J 6 ]2]2 LLC SpeciallJse Permit for Higher Fducation\042006 - PC report- . 12121k SUP.doc Page6of6 . . . , . Attachment 3 C-l Application and Statement from the Applicant . . . ~.r.1'" ~ . .-A RDFN'" 'ILLS I Planning Case No. ,0,6- Ib . ',1 o'lL~t1 i SlJbITIlttaIDate_~_m~ 1245 Vvesi Hiqhwoy 96 I' Application Accepted B}I J i Arden Hills, fv1innesota 55112 Receipt Number I Telephone (651) 634-5120 Council DeCision i Fax (651) 634--4137 Council Decision Date ! wwwciarden,hillsmnus --- - --] 2006 LAND USE APPLICATION Applicant Information Applicant I :J.I:;, L L 12 Address. 3qo;JfJJdJul)"MdjCJlc_PI~5, [u./U1.ILUd '11,J 6-'5117-. Telephone No &''0-,. '-I? I . l,!I c/O FaxNo. &5/. <//iI-bJ_!iCj Erneii Address RD/) @9.cfJViD50IJ(J05. I'DI11 --------- ----"--- Property information PrDperty Owner /:? /.1 L L t!..-- .Dwner Address 3 10{> f..)tv..--d"~"J...lJ+i1j )JJ" "" 1:J-5, CUt ~ fJ:liA; OJ tV 5-f;/IJ-.-, Address 01 Properly Involved: ;;;;"1;).. I2cd 1-~o'.j &tJ--J , (Ud<:./', ;./l.C[..J 11'),,) f2.5I1/A Legal DescrJptlon The North 323.01 feEO!: of the West 300.4 feet oithe East half of the Southeast Qumter (E ", of Sf. \1,) of Section 27, Township 30, Range 23, according to the U.S. Government Survey th~reo( P"ll1lSey County, Minnesol2.. Properly 10 No 011. 3 D . .2:5 . ./ /. 0 [II [i Currenl Zonmg 13 _ '-I Type of Use --11-<' 1.1.-_ / te) /L-lL..t-~i<{.(/LU Property Acreage y; ;:),'. I 9s Type of Request* 'Appllcanls are responsible for o Apportionment of Assessments (J;30) reImbursement of consultan! 0, . fees associated wilh fllmg. ComprehenSive Plan Amendmell\ (~)300) . .."d C I revIewing. an proceSSlnn 0, o Final Plat (including In Preliminary Pial) Ihls application Such fees ore to o Minor Subdivision (IOi spliilconsoildation) ($300) be pAid in escrow up front or o Planned Unit DeveJoprnen! ($60D -+ escrow) upon"reC8Jpi of staje~ent from O I "I 15'400 "2 C') Ihe Lolly of Arden Hills Fees Pre Imlnary r at \. ! -+./l J per 101 -+ escrovv - I d t f It I IrJC LV e COS S or cansu an s o Rezonrng ($300) retained by the City and Include o Site Pian Review ($400) consultant planning services, !Xl Spe:::;ial Use Permit or Amended Special Use PermU (5:300.) attorney and engineer ~ \' ", fE I "2S()' + ) Pavment of park d edlcallo, n / acalIon 0 - 8semen \.J.o. escrow 1 ' I ~ U /.- .~ ,...,'-' - . , ''-'f: ' ees, esiClbllsherJ IY L.lty .____ \ c:Hlorlve (Jlgll Ordinance) ($L,JO) Ordinance, are requITed With U Variance (Zoning Ordinance) (~250) certain procedures rJ ZoninS} Orcilnance ,A,mendmen1 (~300 ~rn'N) jJ""," I nf-:. -...-------- Brief Description of Request (j::llease also incJ.t.J.de a detailed letter explaininq the proiect): ,~ .. _A--c.r?~I'~(Lj -_...._~._.._._---- _._._._~-- . -----.-- ---- . . --~.~--- Filinq Requirements and Payment of Fees The City requests that you make a pre-application meeting with the City Planner to discuss the application process, requirements, and deadlines. The undersigned acknowledges that she/he understands that before this request can be considered, all required information and fees (including all deposits) must be paid to the City in advance. If additional fees are required to Gover costs incurred by the City, the City Planner has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of . printing, mailing, and supplies. The City may withhold final action on a land use application and/or rescind prior action until all miscellaneous fees have been paid. Applicants are advised that an escrow deposit is required at the time of the submittal of the Land Use Application to offset costs associated with tile proposed project. ~I~ Required Submittal Information The City of Arden Hills requires the following submittals for all Land Use Applications: . A certified land survey. . Site plan(s) (for all development projects). . Five (5) large scale copies, folded in sets no larger than 8)1," x 14" with the print side facing out, . Fifty (50) copies of 11"x17" reductions of ALL PLANS MUST BE 3-HOLE PUNCHED AND Z- FOLDED. . Mailing labels of all properties within 350 feet of the property (this information may be obtained from Ramsey County). True and accurate representation of the requirements outlined in the procedural form for the specified type of request is the responsibility of the applicant. Complete/lncomplete Applications An incomplete application will delay the processing of land use requests. The application approval time commences and an application is considered officially filed when the City Planner has received and examined the application and determined that the application is complete. A decision on whether the . application is complete or incomplete shall be made within fifteen (15) days following the submittal of the application. When the application is deemed to be "complete" it shall be placed on the agenda of the first possible Planning Commission meeting occurring at least thirty (30) days from Ihe date of official submission ot the application. Page 2 of3 Notice of Meetinq Attendance . In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter will be tabled until the next available agenda. Aqenda Deadline and Meetinq Schedule The deadline for submittal of land use applications is required according to the schedule outlined below. There are no exceptions. All Planning Commission meetings are held on the first Wednesday of each month at 7:00 PM. City Council meetings are held the last Monday of the same month at 7:00 PM. Meetings are Ileld in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. Applicants are advised that additional meetings andlor workshops are scheduled when necessary upon approval of the Planning Commission. 2006 SCHEDULE (*subject to change) TENTATIVE PLANNING COMMISSION APPLICATION MEETING* DEADLINE (Generally held on DATE* 1;t Wednesda at 7:00 DecemberS (200S) , JanUar Januar 3 FebrlJa 6 . March 6 Ap ril3 Ma 1 June 7 June,S July 3 Au ust 2 AugUst:7 5e lember6', SeptemberS October 4 Octciber:2 Ncivember1 ------ November 6 December 6 December 4 Januar 3(2007) -.....-- Acknowledqement and Siqnature I acknowledge that I have read all of the information listed in the City of Arden Hills Land Use Application '"" '"'" ""''"';~2;;?;'"''"'''' '"'"" eo," "'"'000 " ,"0 C", ",,,"" '" "'" ""'.""0 "' thisapZ? ~ 1jr;t, Applicant Signature Date . Please contact the City Planner at (651) 634-5134 if you have any questions regarding your application. . Additional copies ofthis application form are available on the City's website: httD:I/www.ci. arden-hills. mn. uslDeDartments/Communitv DCvcJoDmenUPlannina/o/annina forms. htm Page 3 on . SPECIAL USE PERMIT 1212 Red Fox Road, Arden Hills, MN 1. Lot size: 1.95 Acres 2. Total square feet of Building: 20,229 sf 3. Footprint of the Building: 20,229 sf 4. Lot with surface material: 57,550 sf 5. Changes to exterior: ;.- Install glazing in current drive-in opening. ;.- Install new tenant vestibule on east face of Building. ;.- Install approximately 26 new windows or combination thereof. ;.- Install new fascia on east and north face of Building with stone or similar wainscoting. ;.- Install exterior Building lighting. 6. Landscaping will be updated and enhanced around entire perimeter of Building. 7. Parking is approximately 100 stalls. . 8. Parking will not be removed or added. 9. Number of people utilizing the Building, on average, estimated as follows: A. Office: 20,000 sf 8 - 5 pm average approximately 50 people. B. Education: 10,000 sf 5 -10 pm average approximately 80 people. NARRATIVE 10. The 1212 Red Fox Road property is currently a 30 year old office/warehouse building in excellent structural condition. However, the finishes both inside and out are dated and in need of replacement Interior renovation contemplated includes removing existing interior partitions, ceilings, floor coverings and finishes; and replaced by modern materials, lighting, mechanical systems, partitions and ceiling systems. Presently approximately 10,000 sf of the interior space is unfinished, 100% of the Building or approximately 20,000 will be converted to high quality office or higher education space. Office functions will occur in 100% of space (20,000 sf) from 8 am - 5 pm, and approximately 7,500 sf of the space will be utilized for higher education and 2,500 sf of space utilized for office uses after 5 pm. . . Higher education space will consist of principally open space utilizing the 12' ceilings that the Building provides. External modification includes the following: >- Install glazing in current drive-in opening. >- Install new tenant vestibule(s) on east face of Building. >- Install approximately 26 new windows or combination thereof. >- Install new fascia on east and north face of Building with stone or similar wainscoting. >- Install exterior Building lighting. As an example of the quality of work performed by the Building Owner, I have attached a before and after photograph of a building located on County Road E in Arden Hills renovated for Anchor Bank. An affiliate of The Davidson Companies, owner of The Anchor Bank building converted the former MSI Claims Center building into a modern award winning Anchor Bank facility. . . . . . < ,. . . . Attachment 3 C- 2 Air Photo Map, Photographs, and a Survey of the Site . . . ~ ~ '0 :;;; ~ '0: ~ . D C ~ :'2 ~ ~!!I~ $~~ ~8~L, 3."~ -2i PJ5~!!t~Et ~a:S~8~~~~~5: i'l '\~\ [J " '0 c . .z c o ~ ." 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'. .... ;. ,....,. ,.. ,., IC, , ".. ""." '''' , , . " '" ,,,,,,,,,,,,,.1, ." , " - ,;.",,, , . . I , . .' '. .. p" ., .," . '.. . '. " "'" . , . .. ., l. 'I,'J'''" "I', 10' I I, ;, I."!,, , , . , .. , ""( g.-~"'l"""""" . " '. ""'" , 'ij " . h.,....... ....".. .. . ' " ""'''''''' . " . '0",. . . . · '''''' ,....,,,,! · " I """ _ , , .~ " '" - "0",> Cl-?'ga", -3''''. n... '" "0 .;, 3 .. '< 3 <;: <:.!t l'-> . .... .. .,. . . .... . . . "''''0''',,,,,. . '0 . , . '" , . .". 'i'...."., ..... , . ..... ""'" ". , ' , "'" ".,..~ ,. . . OJ"~. ..-3".";~ 3~ , ' .",. >>",.. ".." . · "'11"1. "''''" . ' h""., ""~'., . '..w .,. ...." . . ' ,.". ".;- . '" , ' .0 U" , . ". . ' , , .. 0 . l l ~ , " ~ . ~HILLS MEMORANDUM DATE: April 26, 2006 PC Agenda Item 5.A TO: Planning Commission FROM: James Lehnhoff, City Planner SUBJECT: April 24, 2006, City Council meeting actions The City Council held their regularly scheduled meeting on April 24, 2006, and heard the following three Planning Cases: . Planning Case 06-009; Variance; Vaughn Morin; 1889 Grant Road . Planning Case 06-010; Master Plan Amendment & Site Plan Review; Guidant Corporation; 4100 N Hamline Ave . Planning Case 06-012; Front Porch Zoning Ordinance Amendment; City of Arden Hills Plan nine. Case 06-009: . The City Council unanimously approved Mr. Morin's variance to construct an accessory structure that exceeds the 728 square foot accessory structure limit for properties in the R1 and R2 Zones based on the findings of fact and including the four recommended conditions. Plaunine. Case 06-010: The City Council unanimously approved Guidant's proposal to: . Construct a new 157 stall parking lot on the south side of Guidant Drive South; . Remove a portion ofthe median on Guidant Drive South and replace the parallel parking spaces with 90 degree parking spaces on the south side of the road, which will increase the total number of parking spaces on Guidant Drive South from 88 to 99. The north side of the road would no longer have parking; . Remove 68 parking spaces from the eastern side of the Arden Woods office building parking lot (Updated since the Planning Commission meeting); . Remove the access to Lexington Ave from the Arden Woods office building; and, . Construct a landscaped berm along Lexington Ave in place ofthe removed parking spaces and access to Lexington Ave. City of Arden Hills . Planning Commission Meetingfor l'vfay 3,2006 \\Metro-inet.\Is\ardenhills\Planning\PJanlling Commission\CC Reports\042606 - PC report - CC report.doc Page 1 of2 --------.. ------------ Staff contacted Dan Soler at Ramsey County Public Works regarding the Guidant proposal and the proposed Lexington Avenue access removal. Mr. Soler at Ramsey County did agree with the . proposal from Guidant to remove the Lexington A venue access; however, he also stated that this does move up the need for improvements to the County Road F and Lexington A venue intersection. This approval was based on the findings of fact from the Planning Commission along with the eleven conditions sent by the Planning Commission. An additional two conditions were added at the recommendation of Ramsey County: L All landscaping for the proposed improvements shall be done off of the County right- of-way. 2. The removal of the Driveway on Lexington Avenue shall require a permit from Ramsey County Public Works. Plannin!! Case 06-012: The City Council unanimously approved Ordinance #376 amending the covered front porch section of the Zoning Ordinance. The Ordinance is set for publication on May 3,d, 2006, and will be in effect on May 4th, 2006. 1 i ! . City of Arden Hills Planning Commission Meetingfor May 3, 2006 . \\Metro-inct.us\ardenhills\PJanning\Planning Commission\CC Reports\042GOG - PC report CC repurt.doc Page 2 of 2 - --- -- -----