HomeMy WebLinkAbout08-27-07 Item 7D, Property Transfer Request
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~HlLLS
Request for Council Action
Prepared By: James Lehnhoff
Dept.: __."~2~.1!I_~~~ De~__.
Council Mtg. Date:
Final Action Needed By:
Agenda Item:
7.0
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Actual Amount:
Funding Source: ~~______._._
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iMolion to Approve/Deny/Table a Request to Transfer Property 10 28-30-23-33-0030 to the City of New Brighton.
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IStaff does not have a recommendation at this time.
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i X IMemo/Letter: ! August 27, 2007, Memo to the City Council
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i IEngi.neering Recommendation:
, jAttorney Recommendation:
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i 70-2 Letter and Plans Submitted by the Property Owner
: 70-3 Arden Hills Zoning Information
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~~HILLS
MEMORANDUM
DATE:
August 27, 2007
CC Agenda Item 7.D
TO:
Mayor & City Council
James Lehnhoff, City Plannerr
Request to Transfer a Property to the City of New Brighton
Property ID 28-30-23-33-0030
David Canniff, Inter-Plat Sales
FROM:
SUBJECT:
Request
Motion to ApprovelDeny/Table a Request to Transfer Property ill 28-30-23-33-0030 to the City
of New Brighton.
Update
On August 13, 2007, the City Council voted to table this property transfer request to a future
meeting pending the submittal of additional information about the proposed development. Staff
was also requested to research the possibility of rezoning the property for a
commercial/industrial use that is compatible with the applicant's proposal and retaining the
property in Arden Hills.
The applicant has submitted preliminary drawings of the proposed building (Attachment 7D-2).
The outside of the building will be an EFrS finish that is manufactured by Butler Manufacturing
(htto:/lbutlermfg.comlbuilding svstems/texturewall.aso and Attachment 7D-2).
Staff spoke with the City of New Brighton plarming staff and confirmed that Mr. Canniff has not
yet submitted an official application or received any approvals from New Brighton in regards to
the proposed development or the property transfer. The proposed building would be required to
go through the New Brighton site plan review process whether the subject property is transferred
to New Brighton or not. The New Brighton site plan review process requires review from their
Plarming Commission and City Council, which is similar to the Arden Hills process. A site plan
review typically takes 30 to 90 days to complete, and there is not a guarantee of approval.
The air photo has been updated to show the property lines of Mr. Canniff property (Attachment
7D-l) in relation to other properties in the vicinity, including the lot with the outside storage
issues.
\\Metro-inet.uslardenhillsIPlanningICity Council Memos\2007\Property transfer to NB\082707 - CC Report - property transfer to NB.doc
Page 10f5
Backl!:round
At the July 9,2007, City Council meeting, Mr. David Canniff made a request to the City Council
to detach a property from the City of Arden Hills so that it could be armexed by the City of New
Brighton (Attachment 7D-l). The City Council asked Mr. Carmiffto submit a description and a
potential site plan of the proposed use for the property ifit were transferred to New Brighton so
that the impacts of the transfer could be better understood. The applicant has submitted a
preliminary site plan, building elevations, exterior material information, and a brief letter
explaining his intentions for the property (Attachment 7D-2).
The property in Arden Hills fronts on New Brighton Road and is south of the railroad tracks.
The triangularly shaped property is approximately 8,712 square feet and is about 50 feet at its
widest point along New Brighton Road. Mr. Canniff owns the adjacent property to the south in
the City of New Brighton (Attachment 7D-l).
The property in Arden Hills is zoned R-2: Single and Two-Family Residential; however, there is
only a garage on the property. The minimum lot size in the R-2 Zone is 11,000 square feet with
a minimum lot width of 85 feet near the road (Attachment 7D-3). The property is a
nonconforming lot in the R-2 Zone.
Ramsey County assigned a value of $4,500 to the property in 2007, and the total property tax
payable was $112. The assessed value of the land in 2006 was $2,700 with a total property tax
payable of$68. If the property is transferred to New Brighton, they would collect the portion of
the property that goes to a city.
Ifthe property is transferred to New Brighton, Arden Hills could not retain any land use controls
over the property. According to the submitted information, the applicant is hoping to construct a
new building for selling various types of machinery. The New Brighton side of the property is
zoned 1-1: Light Industrial. To help provide some context for how the property could be used if
it were part of New Brighton, information about the 1-1 Zone is included in attachment 7D-4.
Transfer Process
In order to transfer a property from one city to another, both cities must pass resolutions
approving the transfer. In this case, Arden Hills must approve a resolution detaching the
property from the City, and New Brighton must pass a resolution accepting the property. If
either City chooses not to approve the resolution, the property transfer carmot occur. The City of
New Brighton has not yet officially reviewed this request.
The review and transfer process does not require a public hearing. If the City Council approves
the request, Staff will prepare the resolution for approval at the next possible City Council
meeting.
IlMetro-inet.uslardenhillslPlanningICity Council Memos\2007\Property transfer to NB\082707 - CC Report - property transfer to NB.doc
Page 2 of5
1998 Comprehensive Plan Amendment and Rezoninl! Process
At the August 13, 2007, City Council meeting, Staff was asked to review the possibility and
process of rezoning the subject property to a designation that may be compatible with Mr.
Carmiff's proposed project. Rezoning the property would be possible, but Staff confirmed with
the Metropolitan Council that an amendment to the City's 1998 Comprehensive Plan would be
required. The rezoning process and comprehensive plan amendment could be done in tandem;
however, the rezoning would be contingent upon the Metropolitan Council's approval of an
amendment to the 1998 Comprehensive Plan.
1998 Comprehensive Plan Amendment
The 1998 Comprehensive Plan's Future Land Use designates the subject property as "low
density residential." Due to that designation, the 1998 Comprehensive Plan and Future Land Use
Map would need to be amended before the subject property could be rezoned to a commercial or
industrial zone. When a property is rezoned, the rezoning must be compatible with the Future
Land Use Map in the Comprehensive Plan.
The 2005 rezoning of the old City Hall property to Neighborhood Business (NB) did not require
an amendment to the 1998 Comprehensive Plan and Future Land Use Map because the property
had already been designated as "Neighborhood Business" in the 1998 Comprehensive Plan.
A comprehensive plan amendment generally takes 90 to 180 days to completely review after the
application is submitted to the City. However, the timeline is heavily dependent on how quickly
the required data for the amendment can be prepared and how fast other govemmental agencies
respond to the amendment proposal. The timeline would generally be:
1. Arden Hills Plarming Commission holds a public hearing for the proposed
comprehensive plan amendment and rezoning. If the Planning Commission makes a
recommendation, the proposal goes to the City Council. Once a completed
comprehensive plan amendment and rezoning application is submitted to the City, the
City has a total of 120 days to review and make a determination on the proposal.
2. The City Council reviews the Planning Commission's recommendation regarding the
comprehensive plan amendment and rezoning and makes a final determination.
3. If the City Council approves the proposal, the proposal is sent to the adjacent
communities, the school district, and the watershed district for their review. They have
up to 60 days to review the proposal and provide comments.
4. If none of the other governmental agencies object to the proposal, the City sends the
Comprehensive Plan amendment proposal to the Metropolitan Council for their review.
The Met Council has up to 120 days to review the proposal.
Upon speaking with the Metropolitan Council regarding this possibility, they did not anticipate
any barriers to approving this small of an amendment to the 1998 Comprehensive Plan.
However, they, of course, could not guarantee approval over the phone.
\\Metro~inet.us\ardenhillslP/anning\City Council Memos\2007\Property transfer to NBl082707 - CC Report - property transfer to NO.doc
Page 3 of5
Rezoning
If the City Council chooses to pursue rezoning the property, the most compatible zoning with the
proposed land use may be the B-3: Service Business District. The B-3 Zone permits retail sales,
vehicle sales, and vehicle leasing, which seems to fit the proposed land use (Attachment 7D-3).
Outdoor storage and heavy manufacturing would not be permitted, which would be undesirable
near residential and park areas. Additionally, a conditional use permit, which requires Planning
Commission and City Council review, would be required for any new building in the B-3 Zone.
While the City would maintain development oversight if the property were rezoned and retained
within the City limits, there are downsides to this option. Please consider the following
hypothetical situation: The City rezones the property to B-3 and retains it in the City. For
whatever reason, the applicant chooses not to develop the property, and he sells just the 8,712
square foot property to someone else. Because the subject property is a legally separate
property, the City could not deny all use of the property under the law. However, due to the size
and shape of the subject property, it would not be possible to build a structure on the property
that meets all B-3 setback requirements and coverage limitations. Since the City cannot legally
deny all reasonable use of the property-no matter how small or nonconforming-the City could
potentially be required to approve a variance to construct a building on the small subject
property. Furthermore, any of the permitted or conditional uses listed for the B-3 Zone could
potentially be requested for the subject property. If the City did deny all reasonable use of the
property, it would likely be considered a "taking," which is unconstitutional. The B-3 Zone may
work for the current situation, but there may be long-term issues.
As already noted, the property is nonconforming in its current R-2 Zone. Because of the
nonconforming status, the hypothetical situation could also occur under the current R-2 Zone.
Due to the size and shape of the property, it is probably not possible to construct a dwelling on
the subject property that meets all R-2 requirements. Again, since all reasonable use of the
property carmot be denied, the City could potentially be required to approve a variance that
allows a dwelling on the subject property if one were proposed.
The applicant has not proposed or given any indication that he would develop the subject
property independently from the rest of his property.
Recommendation
While the rezoning option can be pursued further if directed, Staff is concerned about the
potential long-term consequences of rezoning the property to a business or industrial zoning
designation because the property is so small. Therefore, Staff is recommending against rezoning
the property at this time.
The property does not appear to have much use in Arden Hills under its current R-2 Zoning
designation. Because of the size and shape of the property, it would be difficult to construct a
conforming dwelling. Due to the low value ofthe property and low taxes payable, the impact on
\ \Metro-inet.uslardenhi/lslPlanningICity Council Memos\2007lProperty transfer to NBl082 707 - CC Report - property transfer to NB.doc
Page 4 of5
tax collection for Arden Hills would be negligible. Although the subject property may act as a
buffer between any development in New Brighton and Arden Hills, it is possible that the small
subject property could still be developed separately even if it is in Arden Hills.
While Arden Hills would lose development oversight of the property if it were detached from the
City and transferred to New Brighton, a new building would be required to go through the New
Brighton Site Plan Review process. The I-I Zone in New Brighton requires a 40 foot setback
from New Brighton Road. The nearest residence in Arden Hills is 230 feet to the north on Thorn
Drive. The railroad also provides some level of buffering for the properties to the north along
the southern end of Thom Drive. Finally, the type of outside storage that is immediately south of
Mr. Carmiffs property would not be permitted by New Brighton on a new development. The
property with the outside storage is a long-standing issue but a grandfathered use in New
Brighton.
If the property is transferred to New Brighton, it is likely that New Brighton would require Mr.
Canniff to combine the two legally combine the two properties together. This could not be
confIrmed in time for the release of this memo.
Staff does not have a fInal recommendation on whether the property should be transferred to
New Brighton.
Options
1. Approve the proposal as submitted.
2. Deny the request.
3. Table for additional information.
The City does not have any legal obligations to approve this request. The City cannot attach
development conditions to this type of a request.
Deadline for Al!encv Actions
This request does not have a deadline for action.
Attachments
7D-l Air Photo and Area Map
7D-2 Letter and Plans Submitted by the Property Owner
7D-3 Arden Hills Zoning Information
7D-4 New Brighton's I-I: Light Industrial Zoning District Requirements
\\Metro-inet.us\ardenhi//sIP/anningICity Council Memos\2007lProperty transfer to NBI082707 - CC Report - property transfer to NB.doc
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Attachment 7D-l
August 27, 2007, City Council Meeting
Air Photo and
Area Map
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Attachment 7D-2
Letter and Plans
Submitted by the Applicant
August 27, 2007, City Council Meeting
Ladies and gentlemen of the Arden hills city counsel. Inter Plant is in the
process of developing 3595 New Brighton Rd. The building we are trying to
build will be much better than any other building in the area and a real
credit to the comunity, with fairly low impact due to high value low volume
manufacturing machinery we and our leasors intend to sellon the show room
floor of this building. This beautiful and energy efficient building with
vaulted roof simular to your own city hall, will be r40 insulated Will give
our custrners, leasors and comunity a good impression. We intend to lease to
our own company and other companies threw a holding company, witch will sell
machinery in a new car like show room floor, but will open in a rnonday threw
friday 9am to Spm manor. The truck traffic will be during these hours,
directed to cleveland ave. and onto E2 35w Exits. We would appreciate it
very much if you let this very small piece of property seed to New Brighton,
so thatwe can locate this building on the property in a lower impact and
more prestigous manor.
Being a gradguate of Moundsview high and having 2 brouthers and my
mother living in Arden Hills I have the best intrests of the city in mind.
David Canniff president of Inter Plant
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Attachment 7D-3
Arden Hills Zoning Information
August 27, 2007, City Council Meeting
City of Arden Hills Chapter 13 ZOlling Code
1320.05 Land Use Chart.
Section 1320 ~ District Provisions
Adopted: November 13, 2006
Page 9 007
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Attachment 7D-4
New Brighton's 1-1:
Light Industrial Zoning District
August 27,2007, City Council Meeting
Zoning Code
Chapter 6
Industrial Districts
Article 1. 1-1, Light Industrial District, ,. 6-010-6-060
Article 2. 1-2, Heavy Industrial District, " 6-110-6-150
Article 3.1-3, Limited Industrial District, " 6-210-6-420
Article 4. MX, Mixed Use District, " 6-500-6-570
Article 5. MX-G, Mixed Use District, ., 6-600-6-670
Article 1. 1-1, Light Industrial District
Sec. 6-010. Reserved. (Code of2001)
Sec. 6-020. Intent.
The I-I Light Industrial District is a general industrial district established to provide and encourage
industrial uses that are aesthetically pleasing in appearance, have all processing within buildings, are
complementary to surrounding land uses, and have reasonable amounts of truck traffic. (Ord. No. 502, 12-
14-82; Code of 200 I)
Sec. 6-030. Permitted Uses in an I-I District.
(I) Any use permitted in a Business District except residential use.
(2) Wholesale and warehousing.
(3) Laboratories for research and quality control in the physical sciences.
(4) Public and public utility uses.
Z6-1
(5) The manufacturing, assembling, andlor processing of the following:
A. Beverages and bottling.
E. Business machines, such as typewriters, accoWlting machines, calculators, computers, and card
cOWlting equipment.
C. Cameras and other photographic equipment except film.
D. Canvas and canvas products.
E. Ceramic products such as pottery and small glazed tile.
F. Cosmetics and toiletries.
G. Electric appliances such as lighting fixtures, irons, fans, toasters and electric toys.
H. Electric equipment, such as home radio receivers, television receivers, and home movie
equipment but not electric power substations or electric machinery.
I. Electrical supplies, such as wire and cable assembly, switches, lamps. insulation, and dry cell
batteries.
J. Food products except meat and fIsh: baking, boiling, canning, dehydrating, freezing, fiying,
grinding, mixing and pressing, except the rendering of fats and oils.
K. Glass products from previously manufactured glass.
L. Hair, felt, and feather products except washing, curing and dyeing.
M. Hat bodies of fur and wool felt.
N. Ink mixing and packaging and inked ribbons.
O. Leather products including shoes and matching belting.
P. Luggage.
Q. Metal: finishing, plating, grinding, sharpening, polishing, cleauing, rust-proofIng, and heat
treatment.
R. Metal: stamping and extrusion of small products such as costume jewelry, pins and needles,
razor blades, bottle caps, buttons, and kitchen utensils.
S. Musical instruments.
T. Orthopedic and medical appliances such as artifIcial limbs.
U. Paper products such as envelopes and stationary, bags, boxes, tubes, and wallpaper
printing.
V. Plastic products such as tableware, phonograph records, and buttons.
W. Printing.
X. Rubber products, small and synthetic treated fabrics such as washers, gloves, footwear,
bathing caps, and atomizers except for all rubber and synthetic processing
Y. Silverware, plate, and sterling.
Z. Soap and detergents: packaging only.
AA. Sporting and athletic equipment such as balls, baskets, cues, gloves, bats, racquets, and rods.
BE. Statuary, mannequins, fIgurines, religious and church art goods excluding foWldry operations.
Cc. Textiles: spinning, weaving, manufacturing, dyeing.
DD. Tools and hardware such as bolts, nuts and screws, door knobs, drills, hand tools, cutlery,
hinges, house hardware, locks, nonferrous castings, and plumbing appliances.
EE. Toys.
FF. Bulk upholstering including mattress manufacturing, rebuilding, and renovating.
GG. Children's vehicles such as bicycles, scooters, wagons and baby carriages.
HR. Wood products such as furniture, boxes, crates, baskets, pencils, and cooperage works.
II. Vaults, caskets, and burial vaults.
n. Welded screen manufacturing, conducted entirely within a fully enclosed, climate controlled
building, and not involving electroplating or stamping. (Ord. No. 696, 5-28-02)
Z6-2
(6) Adult establishments licensed under Chapter 15, Article 14 of the City Code. (Ord. No. 502, 12-14-82;
Code of 1988; Ord. No. 622, 7-23-96; Ord. No. 654, 2-23-99; Code of2001)
Sec. 6-040. Permitted Accessory Uses in an I-I District.
(1) Restaurants, lunch counters, and confectioneries to serve employees of the District.
(2) One dwelling for security personnel.
(3) Off-street parking and off-street loading as regulated under the Zoning Code.
(4) Other uses which are definitely necessary for the successful operation of the permitted uses of this
District with the exception of outside storage which shall be allowed by special use permit under the
provisions of Section 6-050.
(5) Signs as regulated in Chapter 9. (Ord No. 502, 12-14-82; Code of 1988; Ord. No. 654, 2-23-99; Ord.
No. 656,4-13-99; Code of2001)
Sec. 6-050. Specially Permitted Uses in an I-I District.
(1) Outside storage as an accessory use, subject to compliance with the following:
A. Outside storage areas shall be screened from adjacent residential property and public rights-
of-way by landscaping and/or an opaque fence six to eight feet tall.
B. Outside storage shall have no adverse effect on adjacent land due to unsightliness, noise, odor,
dust, smoke, glare, air pollution, excessive or heavy vehicular traffic, bulk chemical storage, or fire
or safety hazards.
(2) The City Council may permit any use in Industrial Districts, except residential uses, by means of a
special use permit if such use meets the standards in Section 8-130. However, any use that is allowed
within an 1-2, Heavy Industrial District, or by the nature of the use is heavy industrial, shall not be
considered as a use permitted by special use permit
(3) The City Council may permit service station canopies with setbacks of between ten feet and forty feet
in front yards and from all streets on comer lots provided the industrial district is not separated from a
residential district by a street, by special use permit if such use meets the standards in Section 8-130. (Ord.
No. 502, 12-14-82; Code of 1988; Ord. No. 600, 7-13-99; Ord. No. 654, 2-23-99; Ord. No. 656,4-13-99;
Code 012001)
Z6-3
Sec. 6-060. Lot and Yard Standards in an I-I District.
(I) The front yard setback in an I-I District shall be forty feet. On comer lots, the setback from all street
lines shall be forty feet. The setback from the street in an 1- I District shall be not less than sixty feet where
the I-I District is separated from a Residential District by a street.
(2) The side yard setback in an I-I District shall be not less than fifteen feet.
(3) The side yard in an 1-1 District adjacent to a residential boundary line shall provide for a landscaped
strip at least sixty feet in width along the boundary line. A portion of this landscaped strip shall be planted
to provide a screen.
(4) The rear yard setback in all Industrial Districts shall be a minimum of twenty feet which may be used
for parking. The provisions of Section 6-060 (3) shall apply if the rear yard of an Industrial District abuts
on or is across the alley or street from a Residential District.
(5) In an I-I District, the floor area ratio shall be a maximum of 0.4 for one-story and 0.6 for two-story
buildings.
(6) No building or structure shall exceed forty feet in height.
(7) Front yard sethacks for service station canopies of between forty feet and ten feet may be permitted by
a special use permit. On comer lots, the city Council may grant special use permits for setbacks for service
station canopies from all street lines of between forty and ten feet provided the industrial district is not
separated from a residential district by a street (Ord. No. 600, 7-13-99; Code of200I)
Z6-4