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Home My WebLink About03-26-07 Item 4C, Planning Case 07-004 Site Plan Agreement for 3900 Bethel Drive ~ ~HlLLS Request for Council Action 6:;a,red By: ~~~;~llL;;~;~;~Jtt Council Mtg. Date: 2-15:07. Final Action Needed By: --4~1-5~.Q!''''' Agenda Item" 4.C -_..-.... ......."".".".".".. -",--- --Su-dgeted Amount: Actual Amount: - Funding Source: ~Im_&iij;i~DiiptlglR~ll~~I~~ijLif~~1ili€1".....,."..,.,.."..,.".,.......____"__________________.,__...............".......,."...."."_"_""____________________"_".......,,....................'"""'""__. _____________________......_..,..,..,..,..,..,..,..,.,.."_"~ _ _ _ _ _______n.__"................._"_"_.__ m _ _ __ _ _ _ _ , , ...........,"" iConsider a Motion to Approve Planning Case 07-004 and the Site Plan Agreement for a-Site Plan Review and Variance at 3900 -Sethef"Drive-) !Based on the Findings of Fact and the Submitted Plans as Amended by the Eleven Conditions in Planning Case 07-004. ~~_~~~mmiQ~~1[Q:f!~J!Ji{ljjRiliig~]jill51ilit______________.____mm."'....,."'"'._,.__.,____________________._m._._mm......".....,..".,","_",_ iApprove the Planning Case as recommended by the Planning Commission. X Memo/Letter: March 26, 2007, Memo to the City Council Resolution No.: :v,u,,,",,ce No.: ~nng Recommendation: Recommendation: X iOther: Draft I ". I 07-003. None. None. ~ --A~HILLS MEMORANDUM DATE: March 26, 2007 CC Agenda Item 4.C TO: Mayor & City Council FROM: James Lehnhoff, CitYPlann~ SUBJECT: PC #: 07-004 Bethel University, Bruce Kunkel Site Plan Review & Variance 3900 Bethel Drive Request Consider a Motion to Approve Planning Case 07-004 and the Site Plan Agreement for a Site Plan Review and Variance at 3900 Bethel Drive Based on the Findings of Fact and the Submitted Plans as Amended by the Eleven Conditions in Planning Case 07-004. Backl!:round The applicant, Bethel University, is proposing to construct a new 106,670 square foot, three level "University Commons." The building would be located near the southeastern comer of Lake Valentine adjacent to the Academic Center and Clauson Center. The proposed building would have an average height of approximately 47 feet, which exceeds the normal 35 foot height limit and is the reason for the variance request. For comparison, Benson Hall, which is located south of the University Commons has an average height of75 feet. Bethel College operates under a Conditional Use Permit Master Plan. Building proposals that are substantially consistent with the proposed buildings on the approved Master Plan require only a site plan review as opposed to a conditional use permit amendment. In some cases, variances and/or conditional use permit amendments are still needed when plans do not conform to the Master Plan or other zoning regulations. The University Commons will have a reddish brick fa9ade and use architectural features that are similar in style with other buildings on campus. A rendering of the building is included with the information submitted by the applicant (Attachment 3B-4 of the report to the Planning Commission). A significant number of trees around the University Commons will be retained to provide screening from Lake Valentine, and new trees and shrubs will be planted. A "green roof' is also proposed to be constructed over the lobby area. \lMetro-inet.uslArdenHillsIPlanningIPlanning Cases\2007\07-004 Bethel University Commons Site Plan Review - Variance (PENDING)\032607 - CC Report -Bethel Site Plan Review and Variance. doc Page 1 00 The applicant has submitted letters describing the project, explaining how the University Commons building will be used, and a response to the criteria used in the Zoning Code to evaluate height variance requests (Attachment 3B-l of the report to the Planning Commission). Fire Marshal Review Condition ten of the recommendation for approval from the Planning Commission requires review from the Fire Marshal and compliance with any conditions stated by the Fire Marshal. The Fire Marshal has since reviewed the proposal and does not have any recommended changes or conditions. Recommendation The Planning Commission reviewed Planning Case 07-004 and unanimously (6-0) recommends approval of the Site Plan Review and Variance at 3900 Bethel Drive based on the findings of fact and the submitted plans as amended by the following eleven conditions: I. The applicant shall continue to abide by the conditions of all previous permits and reviews. 2. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 3. Building Permit Plans shall be submitted to the Building Official a minimum of two (2) weeks before the planned start of construction. 4. The applicant shall submit an escrow, bond, or other financial surety acceptable to the City Attorney for 125 percent of the cost of materials and installation ofthe landscaping plan prior to the City issuing the building permit. The City shall retain the financial surety for at least one year after full implementation of the landscaping plan. The financial surety shall only be released upon successful inspection of the landscaping by the City Planner, which shall only occur during the growing season. 5. A temporary fence shall be placed between the construction area and the trees that are to be retained on drawing LOOl in Attachment 3B.4. The fence shall be subject to City Planner inspection and shall be in place prior to the issuance of any building permits. The fence shall be maintained and shall not be removed without City Planner approval. 6. If any of the retained trees on drawing LOOl in Attachment 3B-4 are removed or damaged by any natural or manrnade force prior to Staff s final inspection ofthe fully implemented landscaping plan, Bethel University shall replace 125 percent ofthe removed caliper inches of trees. The replacement vegetation shall be subject to City Planner and City Forester review and approval. 7. The applicant shall comply with the City Engineer's memo dated February 26,2007, prior to any site preparation and the issuance of any building permits. 8. The applicant shall obtain all necessary permits from the Rice Creek Watershed District, MPCA, and other governmental entities and provide the City with copies of \\Metro-inet.uslArdenHillslP/anning\Planning Cases\2007\07-004 Bethel University Commons Site Plan Review - Variance (PENDING)\032607 - CC Report -Bethel Site Plan Review and Variance.doc Page 2 00 such permits prior to the City issuing any building permits. 9. The applicant shall supply the required number of ADA accessible parking spaces prior to the issuance of the occupancy permit for the University Commons. 10. The University Commons project shall be subject to Fire Marshal approval. The applicant shall comply with any conditions set by the Fire Marshal. 11. The applicant shall provide updated building footprint, impervious coverage, and total building square footage data prior to any new building proposals at the campus. Options 1. Approve the proposal as submitted. 2. Approve the proposal with conditions. 3. Deny the application 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 Site Plan Review and Variance are contingent upon each other and have been combined into one action. If a motion to deny is made and the denial is based on the design or layout of the structure, the motion must include specific findings as to why the proposal will have a negative impact and why those impacts cannot be mitigated. If the motion to deny is made and the motion is related to the height variance, the motion must include specific findings that demonstrate the proposal is not in compliance with any or all ofthe four height variance criteria in 1325.03 Subd 3.C of the Zoning Code. A height variance is not subject to the normal "undue hardship" criteria in section 1355.04 Subd 4. Deadline for Al!encv Actions The City of Arden Hills received the completed application for this request on February 15, 2007. Pursuant to Minnesota State Statue, the City must act on this request by April 15, 2007 (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 4C-l Draft Planning Commission Minutes 4C-2 Site Development Agreement 4C-3 February 7, 2007, Report to the Planning Commission- htto:/ /www.ci.arden-hills.mn.us IlMetro-inet.us\ArdenHi/lslPlanninglPlanning Cases12007\07-004 Bethel University Commons Site Plan Review - Variance (PENDING) \032607 - CC Report -Bethel Site Plan Review and Variance. doc Page 3 on Attachment 4 C-l Draft Planning Commission Minutes March 26,2007, City Council Meeting /z ~ Q ARDEN HILLS PLANNING COMMISSION - MARCH 7, 2007 3 B. PLANNING CASE #07-004 - SITE PLAN REVIEW AND V AlliANCE; BETHEL UNIVERSITY; 3900 BETHEL DRIVE Mr. Lehnhoff stated the applicant was requesting a Site Plan Review and Variance to construct a new 106,670 square foot "University Commons" building. Staff recommended approval ofthe variance subject to the following conditions: 1. The applicant shall continue to abide by the conditions of all previous permits and reviews. 2. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 3. Building Permit Plans shall be submitted to the Building Official a minimum of two (2) weeks before the planned start of construction. 4. The applicant shall submit an escrow, bond, or other financial surety acceptable to the City Attorney for 125 percent of the cost of materials and installation of the landscaping plan prior to the City issuing the building permit. The City shall retain the financial surety for at least one year after full implementation of the landscaping plan. The financial surety shall only be released upon successful inspection of the landscaping by the City Planner, which shall only occur during the growing season. 5. A temporary fence shall be placed between the construction area and the trees that are to be retained on drawing 1.001 in Attachment 3B.4. The fence shall be subject to City Planner inspection and shall be in place prior to the issuance of any building permits. The fence shall be maintained and shall not be removed without City Planner approval. 6. If any of the retained trees on drawing LOOlin Attachment 3B.4 are removed or damaged by any natural or manmade force prior to Staffs final inspection of the fully implemented landscaping plan, Bethel University shall replace 125 percent of the removed caliper inches of trees. The replacement vegetation shall be subject to City Planner and City Forester review and approval. 7. The applicant shall comply with the City Engineer's memo dated February 26, 2007, prior to any site preparation and the issuance of any building permits. 8. The applicant shall obtain all necessary permits from the Rice Creek Watershed District, MPCA, and other governmental entities and provide the City with copies of such permits prior to the City issuing any building permits. 9. The applicant shall supply the required number of ADA accessible parking spaces prior to the issuance of the occupancy permit for the University Commons. 10. The University Commons project shall be subject to Fire Marshal approval. The applicant shall comply with any conditions set by the Fire Marshal. 11. The applicant shall provide updated building footprints, impervious coverage, and total building square footage data prior to any new building proposals at the campus. Mr. Lehnhoff stated that although the application initially included an application for a conditional use permit amendment, it was determined that a CUP amendment was not actually needed. Therefore, a public hearing is teclmically not required. However, notice was set out to all residents within 500 feet of the campus property border and was published in the newspaper. He stated the Planning Commission can still open the application up for public comment. ARDEN HILLS PLANNING COMMISSION - MARCH 7, 2007 4 Commissioner Holewa asked if the fences would be around individual trees. Mr. Lehnhoff responded that was correct, but staffs recommendation was to put a line of fence around the trees. Chair Sand invited anyone for or against the request to come forward and make comment. There were no comments made. Chair Sand asked if it was their intent to break ground this summer. Bruce Kunkel, Bethel College, responded they wanted to break ground in early June 2007. Commissioner Modesette stated she believed this to be an exceptional proposal and she liked the landscaping plan. Commissioner Modesette moved, seconded by Commissioner Larson to approve Planning Case No. 007-004 for a Site Plan Review and Variance to construct the University Commons at Bethel University, subject to the eleven conditions as noted in staff s March 7, 2007, report. The motion carried unanimously (6-0). OR~f1 Attachment 4 C- 2 Site Development Agreement March 26, 2007, City Council Meeting STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS SITE PLAN AGREEMENT CASE NO. 07-004 1.0 Recitals. A. Bethel College, a non-profit institution of higher education ("Permittee"), located on the following real property in the City of Arden Hills, Ramsey County, Minnesota (the "Arden Hills"): Those parts of Sections 21,22,27 and 28, Township 30, Range 23, lying Westerly and Southerly of the westerly and southerly right-of-way lines of State Trunk Highway No. 51 and Interstate Highway 694 lying northerly of the northerly right-of-way line of the Soo Line Railroad Company and lying northerly and easterly of the northerly and easterly right-of-way lines of State Trunk Highway No 10, except the South y. of the Southeast Y. of the Southeast Y. of Section 21, Township 30, Range 23, lying east of the easterly line of said Highway No. 10, according to the U.S. Government Survey thereof (herein the "Subject Property") B. On the 15th day of February, 2007, Permittee submitted a completed application to Arden Hills requesting that Arden Hills approve a site plan review and height variance to construct the "University Commons" building, which was depicted on the approved 1996 Master Plan (herein the "University Commons"). C. On the yth day of March, 2007, the University Commons Application was reviewed at a public hearing by the Arden Hills Planning Commission. The Arden Hills Planning Commission considered the recommendations of the Arden Hills staff, the comments of the public, and recommended approval of the site plan review and height variance for the University Commons Application subject to certain conditions. 2.0 Approval of Site Plan. On the 26th day of March, 2007, the Arden Hills City Council considered the University Commons Application, the recommendations of the Arden Hills Staff and Planning Commission, the effects of the proposed building on the health, safety, convenience and general welfare of the owners and occupants of surrounding land and the community as a whole, and determined that the facts and circumstances of this particular case warranted the granting of the site plan review and variance subject to the following conditions: A. The applicant shall continue to abide by the conditions of all previous permits and reviews. B. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. C. Building Permit Plans shall be submitted to the Building Official a minimum of two (2) weeks before the planned start of construction. D. The applicant shall submit an escrow, bond, or other financial surety acceptable to the City Attorney for 125 percent of the cost of materials and installation of the landscaping plan prior to the City issuing the building permit. The City shall retain the financial surety for at least one year after full implementation of the landscaping plan. The financial surety shall only be released upon successful inspection of the landscaping by the City Planner, which shall only occur during the growing season. E. A temporary fence shall be placed between the construction area and the trees that are to be retained on Sheet L001 in Attachment 3B-4. The fence shall be subject to City Planner inspection and shall be in place prior to the issuance of any building permits. The fence shall be maintained and shall not be removed without City Planner approval. F. If any of the retained trees on Sheet L001 in Attachment 3B-4 are removed or damaged by any natural or man made force prior to Staff's final inspection of the fully implemented landscaping plan, Bethel University shall replace 125 percent of the removed caliper inches of trees. The replacement vegetation shall be subject to City Planner and City Forester review and approval. G. The applicant shall comply with the requirements from the City Engineer's, and the applicable conditions shall be completed prior to any site preparation and the issuance of any building permits: a. The plan sheets must be signed by a registered engineer. b. Please include a benchmark elevation on sheets C1.1 through C1.4. c. The maintenance of all utility improvements will be the responsibility of the developer, as the proposed improvements are all within private property. d. Submit drainage calculations for review. 2 e. Identify roof drain discharge locations on the plans. f. On sheet C1.1- Removals Plan, one of the trees north of the Clauson Center is marked as a tree to be removed; however the notation calls out for tree protection. Please make corrections as appropriate. g. Any retaining walls greater than four feet in height will need to be designed by a certified engineer. h. Retaining walls four feet in height and taller will require railings for safety purposes. i. On sheet C1.4- Utility Plan, there are two annotations for the storm sewer pipe from ST MH101 to the existing ST MH. Please verify that all storm sewer and sanitary sewer pipes are labeled with correct pipe size, material, length and grade. j. On sheet C1.4- Utility Plan, a provision should be made in the plans that insulation may be required for the watermain proposed parallel to the retaining wall (by rain garden #1) as directed by the engineer in the field. H. The applicant shall obtain all necessary permits from the Rice Creek Watershed District, MPCA, and other governmental entities and provide the City with copies of such permits prior to the City issuing any building permits. I. The applicant shall supply the required number of ADA accessible parking spaces prior to the issuance of the occupancy permit for the University Commons. J. The applicant shall provide updated building footprint, impervious coverage, and total building square footage data prior to any new building proposals at the campus. Dated: _ day of ,2007. CITY OF ARDEN HILLS By: Stanley Harpstead Its: Mayor 3 STATE OF MINNESOTA ) )SS. COUNTY OF RAMSEY ) On this _ day of , 2007, before me, a Notary Public within and for said county, personally appeared Stanley Harpstead to me, known to be the Mayor of the City of Arden Hills, and he executed the foregoing instrument and acknowledged that he executed the same by authority and on behalf of the City of Arden Hills. Notary Public BETHEL COLLEGE By: Name: Title: STATE OF MINNESOTA ) )SS. COUNTY OF RAMSEY ) On this _ day of , 2007, before me, a Notary Public within and for said county, personally appeared , to me know to be the of , and s/he executed the foregoing instrument and acknowledged that s/he executed the same by authority and on behalf of the Bethel College. Notary Public Drafted by: James Lehnhoff City Planner 1245 West Highway 96 Arden Hills, MN 55112 \\Metro-inet.us\ArdenHills\Planning\Planning Cases\2007\07M004 Bethel University Commons Site Plan Review - Variance (PENDING)\032107 Site Plan Agreement.doc 4 Attachment 4 c- 3 Report to the Planning Commission Available online at: httu:/ /www.cLarden-hills.mn.us March 26,2007, City Council Meeting