HomeMy WebLinkAbout4B, Planning Case 09-006 for Conditional Use Permit for 3900 Bethel Road
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~HILLS
Request for Council Action
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Prepared By:
Meagan Beekman
Council Meeting Date: May 11, 2009
Approve Planning Case 09-006 for a Conditional Use Permit Amendment at 3900 Bethel
Road based on the findings of fact and the submitted plans as amended by the two
conditions as presented in the May 11, 2009, Report to the City Council.
Budgeted Amount: Actual Amount: Funding Source:
N/A
N/A
N/A
Recommendation:
Approve Planning Case 09-006 for a Conditional Use Permit Amendment at 3900 Bethel Road
based on the findings of fact and the submitted plans as amended by the two conditions as
presented in the May 11, 2009, Report to the City Council.
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Supportin!! Documents:
1. Memo from Megan Beekman
2. Planning Commission Minutes for April 8, 2009
3. Conditional Use Permit Amendment
4. April 8, 2009, Report to the Planning Commission - http://www.ci.arden-hills.mn.us
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~HILLS
MEMORANDUM
DA TE:
May 11,2009
TO:
Mayor & City Council
FROM:
Meagan Beekman, City Planner
p
'a
SUBJECT: PC #: 09-006
Bethel University
Conditional Use Permit Amendment
3900 Bethel Road
Request
Consider a motion to approve Planning Case 09-006 for a Conditional Use Permit Amendment at
3900 Bethel Road based on the findings of fact and the submitted plans as amended by the two
conditions as presented in the May 11, 2009, Report to the City Council.
Back2round
Bethel University operates ullder a CUP Master Plan. As the College comes forward with plans,
they are reviewed against the Master Plan for consistency. While building plans consistent with
the Master Plan only require a site plan review, those not included in the original plan must be
approved through a CUP Amendlnent.
In 2004, Bethel University submitted an application (Planning Case #04-010) for a CUP
Amendment to install a temporary modular classroom building to serve as additional classroom
space on the campus until the University Commons building was completed. The temporary
modular classroom building is a single-story, 4,200 square feet building containing a central
corridor and four 50-seat classrooms. It is located just north of Robertson Center in the
northeastern portion of the campus. The Planning Commission recommended approval of that
request at their May 5, 2004, meeting with the City Council subsequently approving the CUP
Amendment at their May 24, 2004, meeting.
Ci(V o.f Arden Hills
Ci(v Council Meeting.for Ma)i 11, 2009
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Amendment. doc
Page 1 of 3
The University Commons building finished construction in March 2009, though Bethel
University has submitted an application to retain the temporary classrooms until October 31,
2012, due to the financial constraints of setting up the new classrooms and moving the facilities..
An adjustment to the original CUP Amendment requires approval through an additional CUP
Amendment.. The conditions of the original 2004 CUP Amendment would remain in effect,
except for Condition H which originally required the classrooms be removed by May 2011, or
when the University Commons building was completed, whichever came first (Attachment C).
Findin2S of Fact
The Planning Commission offers the following thirteen findings of fact for the City Council's
consideration
GeneralJ7indings:
1.. The applicant is proposing to extend the use of the temporary modular classroom
building until October 31 , 2012..
2. The classrooms are a permitted use in the B-1 Zoning District.
3.. The temporary modular classroom building meets all requirements of the Zoning Code.
4. The temporary modular classroom building was not included on Bethel University's CUP
Master Plan, approved in Planning Case #96-026. A CUP Amendment and site plan
review was required to amend the Master Plan to include the building.
5.. The temporary modular classroom building was originally approved through a CUP
Amendment and site plan review in Planning Case #04-010.
6.. Adjusting the original CUP Amendment to extend use of the temporary modular
classroom building requires another CUP Amendment..
7. The terms of the original CUP Alnendment would continue to apply with the exception of
Condition H, which will be rewritten on the new CUP Amendment to require removal of
the temporary classroom building within three (3) years.
On the Conditional Use Permit Amendment/Site Plan RevielV:
8.. Extending the use of the temporary modular classroom building is not expected to affect
traffic or parking conditions.
9. Extending the use of the temporary modular classroom building will not produce any
additional levels of permanent noise, glare, odors, vibration, smoke, dust, air pollution,
heat, liquid, or solid waste. Temporary noise and dust may be created during demolition..
1 0.. Extending the use of the temporary modular classroom building will not alter drainage
patterns..
11. Extending the use of the temporary modular classroom building is not expected to have
any impacts on campus population or density.
12. The park dedication fee is not applicable to this application.
City o.f Arden Hills
City Council Meeting.for May 11 r 2009
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13. Extending the use of the temporary modular classroom building does not conflict with the
City's Comprehensive Plan or the intent of the Zoning Code
Recommendation
The Planning Commission reviewed Planning Case 09-006 and unanimously recommends
approval (5-0) of the Conditional Use Permit Amendment based on the findings of fact and the
submitted plans as amended by the following two conditions:
1. The applicant shall continue to abide by the conditions of the original conditional use
permit amendment from Planning Case 04-010.
2. Condition H in the original CUP Amendment from Planning Case 04-010 shall be
amended to read that the temporary modular classroom shall be removed no later than
October 31, 2012.
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."
40 Table for additional information.
Deadline for A2:encv Actions
The City of Arden Hills received the completed application for this request on March 13,2009.
Pursuant to Minnesota State Statutes, the City must act on this request by May 12,2009 (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
A - Draft Planning Commission Minutes for April 8, 2009
B - Conditional Use Permit Amendment
C - April 8, 2009, Report to the Planning Commission - http://www.ci.arden-hills.mn.us
Ci~y 0.( Arden Hills
City Council Meetingfor May 11? 2009
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Amendment. doc
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Attachment A
Draft Planning Commission
Meeting Minutes
From April 8, 2009
May 11,2009, City Council Meeting
Draft Planning Commission Minutes - April 8, 2009
Plannin2: Case 09-006: CUP Amendment: Bethel University - Public HearinJ!
City Planner Beekman presented that the applicant has requested a Conditional
Use Permit Amendment to retain a temporary classroom building for a period of
time not to exceed three years. She displayed an aerial photo of the site and
explained in 2004, Bethel University submitted an application (Planning Case
#04-010) for a CUP Amendment to install a temporary modular classroom
building to serve as additional classroom space on the campus until the University
Commons building was completed, or seven years, whichever came sooner. She
advised that the building is completed and the college is now requesting to extend
the use of the temporary classrooms for three years. She advised that staff is
recommending approval of the request. All of the conditions from the original
CUP would remain in effect with the exception of Condition H which would be
amended. The conditions are as follows:
A. Permittee shalJ abide by the conditions of approval as stated in the
approved special use permit ('''SUP''), master plan and the subsequent
special use permit amendments.
B. Building permit plans shall be submitted to the Building Official a
minimum of two (2) weeks before the planned start of construction.
C. No construction shall begin before plans are approved by the Building
Offici ale
D. The temporary modular classroom building shall be located the necessary
setback distance to meet Building and Fire Codes per approval of the
Building Official.
E. Openings in the Robertson Center shall be ninety (90) minute protected
and Permittee shall verify this with the Building Official and Fire
Marshall.
F. Revised utility, grading, and erosion control plans shall be submitted to
the City Engineer for approval prior to the issuance of building permits.
G. Upon removal of the temporary modular classroom building, Permittee
shall replant the area of the temporary modular classroom building or the
area of the adjacent Kresge Courtyard to include up to fifty (50) caliper
inches of trees to replace those removed during the installation of the
temporary modular classroom building.
I. Upon removal of the temporary modular classroom building, all of the
footings shall be removed and the sod shall be restored.
Condition H would be revised in accordance with the updated CUP Amendment to read:
H. The temporary modular classroom building shall be removed within three
(3) years of the approval of this Conditional Use Permit Amendment.
Chair Larson clarified that the original use for the temporary classrooms was until
the commons building had been completed. He advised that this would extend the
use of the classrooms through 2012.
Tom Trainer, Director of Facilities with Bethel University, stated he has been
with the organization for two years. He advised that the commons building was
recently opened and is a beautiful addition to the college and the community. He
advised that the temporary classrooms would help in this difficult economic time
so that further expansion plans could be placed on hold.
Commissioner Reiff questioned if three years was sufficient.
Tom Trainer thought that three and a half years would be most beneficial as the
school thinks in summers and that extra summer would give them a great benefit.
Chair Larson questioned the date currently stated on the request.
City Planner Beekman reported the date as May 11, 2012.
Chair Larson questioned if it would be beneficial to extend that date through the
end of2012.
Tom Trainer confirmed that extending this through October of2012 would be
most beneficial.
PUBLIC HEARING
Chair Larson opened the Public Hearing at 7: 10 p.m.
There being no public input, Chair LarS011 closed the Public Hearing at 7:11 p.m.
Commissioner Thompson thought that an extension should be allowed through
October 2012, in case the University needs the extra summer months.
City Planner Beekman stated an amendment could be made to Condition H. She
advised that staff had no objections to extending that request through October of
2012.
Commissioner Holewa moved, seconded by Commissioner Modesette, to
recommend approval of Planning Case 09-006, CUP Amendment for Bethel
University, based on the nine conditions in the April 8, 2009 Planning Case
report.
Further discussion:
Commissioner Modesette clarified that technically this would be a four year
extension.
Commissioner Reiff moved, seconded by Commissioner Holewa, to amend the
motion to revise Condition H to state: The temporary modular classroom building
shall be removed by October 31, 2012.
The motion to amend carried unanimously (5-0).
Commissioner Holewa commented that Bethel has been a good member of the
community and has contributed to the community.
The motion as amended carried unanimously (5-0).
Attachment B
Conditional Use Permit Amendment
May 11, 2009, City Council Meeting
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
CONDITIONAL USE PERMIT AMENDMENT
CASE NO. 09-006
1.0 Recitals.
A. Bethel University, a non-profit institution of higher education ("Permittee"),
located on the following real property in the City of Arden Hills, Ramsey
County, Minnesota ("Arden Hills"):
Those parts of Section 21,22,27, and 28, Township
30, Range 23, lying Westerly and Southerly ot the
westerly and southerly right-at-way lines of State
Trunk Highway No. 51 and Interstate Highway 694
lying northerly of the northerly right-ot-way line of the
Canadian Pacitic Railroad Company and lying
northerly and easterly of the northerly and easterly
right-ot-way lines ot State Trunk Highway No.1 0,
except the South ~ ot the Southeast ~ ot the
Southeast ~ ot the Section 21, Township 30, Range
23, lying east ot the easterly line ot Highway No.1 0,
according to the U.S. Government Survey thereof
(herein the "Subject Property")
B. On the 2nd day of March, 2009, Permittee submitted a completed
application to Arden Hills requesting that its existing conditional use permit
be amended to extend the use ot their temporary modular classrooms tor
a period of time not to exceed three years ("Planning Case 09-006n) on
the Subject Property.
C. On the 8th day ot April, 2009, Planning Case 09-005 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 Planning
Case 09-006 subject to certain conditions.
2.0 Approval of the Application. On the 11th day ot May, 2009, the Arden Hills City
Council considered Planning Case 09-006, the recommendations of the Arden
Hills Staff and Planning Commission, the effects ot the proposed amended
conditional use on the health, safety, convenience and general welfare of the
owners and occupants ot surrounding land and the community as a whole, and
determined that the facts and circumstances ot this particular case warranted the
granting of the amended conditional use permit subject to the following
conditions:
A. The applicant shall continue to abide by the conditions of the original
conditional use permit amendment from Planning Case 04-010. These
conditions are as follows:
a. The Permittee shall abide by the conditions of approval as stated in
the approved special use permit ("SUP"), master plan and the
subsequent special use permit amendments.
b. Building permit plans shall be submitted to the Building Official a
minimum of two (2) weeks before the planned start of construction.
c. No construction shall begin before plans are approved by the Building
Official.
d. The temporary modular classroom building shall be located the
necessary setback distance to meet Building and Fire Codes per
approval of the Building Official.
e. Openings in the Robertson Center shall be ninety (90) minute
protected and Permittee shall verify this with the Building Official
and Fire Marshall.
f. Revised utility, grading, and erosion control plans shall be submitted
to the City Engineer for approval prior to the issuance of buiLding
permits.
g. Upon removal of the temporary modular classroom building,
Permittee shall replant the area of the temporary modular classroom
building or the area of the adjacent Kresge Courtyard to include up
to fifty (50) caliper inches of trees to replace those removed during
the installation of the temporary modular classroom building.
h. The temporary modular classroom building shall be removed within
seven (7) years or completion of the Student Life Center, whichever
comes first.
i. Upon removal of the temporary modular classroom building, all of
the footings shall be removed and the sod shall be restored.
B. Condition H in the original CUP Amendment from Planning Case 04-010 shall
be amended to read that the temporary modular classroom shall be removed
no later than October 31, 2012.
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Dated: 11th day of May, 2009.
CITY OF ARDEN HILLS
By:
Stanley D Harpstead
Its: Mayor
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
On this _ day of ,2009, 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.
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Bethel University
By:
Name:
Title:
} STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
On this _ day of , 2009 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
University.
Notary Public
Drafted By:
Meagan Beekman, City Planner
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
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Attachment C
Report to the Planning Commission
From April 8, 2009.
Available online at:
http://www.ci.arden-hills.mn.us/planningcase~
May 1 I, 2009, City Council Meeting