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HomeMy WebLinkAbout4B, Planning Case 09-018, 1901 Lake Valentine RoadPrepared By: Meagan Beekman, City Planner I!I Council Meeting Date: October 26, 2009 Planning Case 09-01 S for a Conditional Use Permit Amendment at 1901 Lake Valentine Road related to bus parking requirements. Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Recommendation: Consider a motion to approve Planning Case 09-018 for a Conditional Use Permit Amendment at 1901 Lake Valentine Road based on the findings of fact and the submitted plans as amended by the five conditions as presented in the October 26, 2009, Report to the City Council. Supporting Documents: 1. Memo from Meagan Beekman dated October 26, 2009 2. October 26, 2009, Report to the City Council 3. Draft Planning Commission Minutes for October 7, 2009 4. Conditional Use Permit Amendment 5. October 7, 2009, Report to the Planning Commission — htlp://www.ci.arden-hills.mn.us ltm-_ ,­--ARZEN HILLS MEMORANDUM DATE: October 26, 2009 TO: Mayor & City Council FROM: Meagan Beekman, City Planner SUBJECT: Planning Case #: 09-018 First Student Conditional Use Permit Amendment 1901 Lake Valentine Road Background First Student operates under an existing Conditional Use Permit (CUP) that was granted in 1994, in Planning Case 93-015, to Reco, Inc, the previous property owner. The CUP allows the property to be used as a school bus terminal under certain conditions. The bus terminal has been in existence in this location for several decades. The CUP approved as part of Planning Case 93- 015 was an attempt to minimize the impacts of the business on surrounding residential properties. As part of that approval certain conditions were imposed that specified designated parking areas, landscaping requirements, and the numbers of vehicles allowed at the facility. Staff is currently working with the property _owner to bring the property into compliance with the original CUP on a number of areas, including resurfacing and demarcating the parking lot and installing additional landscaping. Additionally, an onsite inspection found that the numbers and types of vehicles permitted by the CUP are not being met by existing conditions at the property. In response to this realization, First Student is requesting a CUP amendment that would more accurately reflect the existing needs of the facility. First Student is requesting to amend their CUP to state that the number of buses allowed to operate and park at this location is limited to 150 large buses and a maximum of 175 buses from September 1 through June 15, and a maximum of 150 buses during the remainder of the year. The existing CUP states that the number of buses allowed to operate and park at this location is limited to 150 buses and 20 vans from September 1 through June 15 and 125 buses and 20 vans during the remainder of the year. According to First Student, school districts no longer have a City of Arden Hills City Council Meeting for October 26, 2009 IlMetro-inet.uslardenhillslPlanninglPlanning Cases12009109-018 First Student CUP Amendment (PCApprove#10-26-09 -regular meeting - memo - First Student CUP Amendment.doc Page 1 of 4 need for vans and their business has moved towards a greater demand for smaller buses instead. According to First Student there are currently 30 small buses and 125 large buses that are stored on site. First Student is not proposing to increase the number of vehicles that operate out of this facility at this time. The applicant has submitted a letter addressing the reason for the request. Also attached is an aerial photo and photographs of the site and the original CUP (Attachment C). Findings of Fact The Planning Commission offers the following fourteen findings of fact for the City Council's consideration General Findings: 1. The applicant is proposing to amend their CUP to state that the number of buses allowed to operate and park at this location is limited to 150 large buses and a maximum of 175 buses from September 1 through June 15 and a maximum of 150 buses during the remainder of the year. 2. The existing CUP states that the number of buses allowed to operate and park at this location is limited to 150 buses and 20 vans from September 1 through June 15 and 125 buses and 20 vans during the remainder of the year. 3. There are currently 30 small buses and 125 large buses parked at the bus terminal facility. 4. The bus terminal is a conditional use in the R-1 Zoning District 5. The bus terminal was originally approved through a CUP in Planning Case #93-015. 6. The property owner is working with Staff to bring the parking lot and landscaping into compliance with the original CUP. 7. The terms of the original CUP would continue to apply with the exception of Condition 4.7, which will be amended with approval of this planning case. On the Conditional Use Permit Amendment/Site Plan Review: 8. The requested amendment would not increase the number of vehicles operating out of this facility, therefore it is not anticipated that the amendment would have any impact on existing traffic and parking conditions; however, traffic and parking were concerns raised by residents in regards to this application. 9. Noise, air pollution, and odors have been concerns raised by residents in regards to this application. First Student is not requesting an increase in the total number of vehicles currently located on site; however diesel powered buses would produce more noise and odors than gas powered vans. 10. It is not anticipated that the proposed amendment would have any impact on any additional levels of permanent glare, vibration, smoke, dust, air pollution, heat, liquid, or solid waste. 11. The requested amendment will not alter drainage patterns. City of Arden Hills City Council Meeting for October 26, 2009 IlMetro-inet.uslardenhillslPlanninglPlanning Cases12009109-018 First Student CUP Amendment (PCApproved)110-26-09 -regular meeting - memo -First Student CUP Amendment.doc Page 2 of 4 12. The requested amendment is not expected to have any impacts on population density. 13. The park dedication fee is not applicable to this application. 14. Approving this amendment does not conflict with the City's Comprehensive Plan or the intent of the Zoning Code Recommendation The Planning Commission reviewed Planning Case 09-019 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 five conditions: 1. The applicant shall continue to abide by the conditions of all previous permits and reviews. 2. The applicant will implement a pavement improvement plan, subject to the approval of the City Planner, within six months of the approval of the CUP Amendment. 3. The applicant shall implement a landscaping plan substantially similar to the originally approved landscaping plan, subject to the approval of the City Planner, within six months of the approval of the CUP Amendment. 4. Buses shall not be permitted to be parked on any surface other than the hard surface of the designated parking area. 5. The designated parking area of the facility shall not be expanded in any way. 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. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on September 8, 2009. Pursuant to Minnesota State Statutes, the City must act on this request by November 7, 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. City of Arden Hills City Council Meeting for October 26, 2009 llMetro-inet.uslardenhillslPlanninglPlanning Cases 12009 1 09-018 First Student CUP Amendment (PCApproved)I10-26-09 -regular meeting - memo - First Student CUP Amendment. doc Page 3 of 4 Council Action Requested Consider a motion to approve Planning Case 09-018 for a Conditional Use Permit Amendment at 1901 Lake Valentine Road based on the findings of fact and the submitted plans as amended by the five conditions as presented in the October 26, 2009, Report to the City Council. Attachments A — Draft Planning Commission Minutes for October 7, 2009 B — Conditional Use Permit Amendment C — October 7, 2009, Report to the Planning Commission — _itt is//N v.ci..arde:.mh .l .s. - ..us City of Arden Hills City Council Meeting for October 26, 2009 I Wetro-inet lardenhills W dminI Council Wgendas & Packet Information12009110-26-09 RegularlPacket Information110-26-09 - regular meeting - memo - First Student CUP Amendment.doc Page 4 of 4 Attachment A Draft Planning Commission Meeting Minutes From Ocotber 7, 2009 October 26, 2009, City Council Meeting A. Planning Case 09-018; Conditional Use Permit Amendment; 1901 Lake Valentine Road; First Student — Public Hearing City Planner Beekman reported that the applicant has requested a Conditional Use Permit Amendment that would limit the number of buses allowed to operate and park at 1901 Lake Valentine Road to 150 large buses and a maximum of 175 buses from September 1 through June 15, and a maximum of 150 buses during the remainder of the year. The applicant has submitted a letter addressing the reason for the request. She then provided background information. City Planner Beekman stated that Staff offers the following fourteen findings of fact for the Planning Commission's consideration: 1. The applicant is proposing to amend the CUP to state that the number of buses allowed to operate and park at this location is limited to 150 large buses and a maximum of 175 buses from September 1 through June 15 and a maximum of 150 buses during the remainder of the year. 2. The existing CUP states that the number of buses allowed to operate and park at this location is limited to 150 buses and 20 vans from September 1 through June 15 and 125 buses and 20 vans the remainder of the year. 3. There are currently 37 small buses and 133 large buses parked at the bus terminal facility. 4. The bus terminal is a conditional use in the R-1 Zoning District. 5. The bus terminal was originally approved through a CUP in Planning Case #93-015. 6. The property owner is working with Staff to bring the parking lot and landscaping into compliance with the original CUP. 7. The terms of the original CUP would continue to apply with the exception of Condition 4.7, which will be amended with approval of this planning case. On the Conditional Use Permit Amendment/Site Plan Review: 8. The requested amendment would not increase the number of vehicles operating out of this facility, therefore it is not anticipated that the amendment would have any impact on existing traffic and parking conditions; however, traffic and A. Planning Case 09-018; Conditional Use Permit Amendment; 1901 Lake Valentine Road; First Student; - Public Hearing (continued) parking were concerns raised by residents in regards to this application. 9. Noise, air pollution, and odors have been concerns raised by residents in regards to this application. First Student is not requesting an increase in the total number of vehicles currently located on site; however diesel powered buses would produce more noise and odors than gas powered vans. 10. It is not anticipated that the proposed amendment would have any impact on any additional levels of permanent glare, vibration, smoke, dust, air pollution, heat, liquid, or solid waste. 11. The requested amendment will not alter drainage patterns. 12. The requested amendment is not expected to have any impacts on population density. 13. The park dedication fee is not applicable to this application. 14. Approving this amendment does not conflict with the City's Comprehensive Plan or the intent of the Zoning Code. City Planner Beekman stated that if the Planning Commission chooses to make a recommendation for approval Staff recommends the following five conditions: I The applicant shall continue to abide by the conditions of all previous permits and reviews. 2. The applicant will implement a pavement improvement plan, subject to the approval of the City Planner, within six months of the approval of the CUP Amendment. 3. The applicant shall implement a landscaping plan substantially similar to the originally approved landscaping plan, subject to the approval of the City Planner, within six months of the approval of the CUP Amendment. 4. Buses shall not be permitted to be parked on any surface other than the hard surface of the designated parking area. 5. The designated parking area of the facility shall not be expanded in any way. Chair Thompson opened the floor to Commission questions. A. Planning Case 09-018; Conditional Use Permit Amendment; 1901 Lake Valentine Road; First Student; - Public Heaping (continued) Commissioner Holewa clarified that the number of buses would not be increase but rather if the amendment is not passed the number of non -compliant vehicles would remain on the property. He also asked if the underground fuel tank had been replaced by 2000 as was required in the Special Use Permit on page 2, Item 4.2. City Planner Beekman stated that the fuel tank had been replaced. Commissioner Holewa asked if the parking lot would be improved and if it is what type of surface would be used. City Planner Beekman stated that the parking lot was going to be resurfaced with asphalt. Commissioner Zimmerman asked if there had been a survey of the parking lot to determine if there would be enough parking spaces once the surface was redone. City Planner Beekman stated that there is enough space currently. Chair Thompson asked what the complaints were from the residents. City Planner Beekman stated that the complaints were the buses parking on the grass and recent photos show that this has been corrected. The grass area is in poor condition and will be reseeded by the applicant. Chair Thompson opened the public hearing at 6:40 p.m. Chair Thompson invited anyone for or against the application to come forward and make comment. Mr. Maurice Gieske, 1817 Janet Court, Arden Hills, expressed objections to having more buses on the property especially diesel because of the smell. He stated that Item 4.15 of the Special Use Permit states that the company will investigate and discuss with the A. Planning Case 09-018; Conditional Use Permit Amendment; 1901 Lake Valentine Road; First Student; - Public Heaping (continued) City options in the area of engine warmers and electrical plug -ins or other options which will reduce the need for the vehicles to run extended periods of time. He asked what the applicant had done in this area. Ms. Elizabeth Garski, 1795 Lake Valentine Road, Arden Hills, asked if the number of buses at the location have increase over time. She also asked how long a Special Use Permit was good for. City Planner Beekman stated that a Special Use Permit did not have to be re -approved every few years, but that once it was approved it remained with the property until that use terminated. Ms. Garski stated that her main concern was the amount of noise. The smaller buses seemed to be noisier than the large buses. She stated that the odor in the winter from the buses idling was also a concern. City Planner Beekman stated that the number of buses on the property does fluctuate during the year. The number of buses on the property at this time is 125 large buses and 35 small buses. Mr. Jeff Pearson, Regional Supervisor of First Student, stated that they are seeing a greater demand for special needs buses and this is why they are requesting the change in the mix of vehicles that they have on the property. He clarified that the new buses that they buy run cleaner than the older ones by up to 50%. The company has also refitted all buses that are dated 2001-2006 with the latest diesel exhaust emissions devices. This was done in conjunction with the Minnesota Environmental Agency as part of their Green Fleet initiative. They will also have concrete block barriers put in place when the new asphalt is done. This will provide a clear barrier that the buses can not cross when parking. Commissioner Thompson asked if the buses are backed in when they are parked. A. Planning Case 09-018; Conditional Use Permit Amendment; 1901 Lake Valentine Road; First Student; - Public Hearing (continued) Mr. Pearson stated that they were backed in when they were parked. The company does make an effort to keep idling times to a minimum. There are outdoor plug -ins for 50% of the outdoor fleet. The only time that they have to idyll for extended periods of time is when the weather is below zero degrees. Commissioner Thompson asked if the underground fuel tank had been replaced. Mr. Pearson stated that this had been done. Commissioner Holewa asked if the smaller buses produced more noise and if the buses were manual transmission or automatic. Mr. Pearson stated that the smaller buses should not be any noisier than the large buses. They may have a smaller muffler because they are a smaller vehicle. All the buses are automatic transmission and because they are diesel they are noisier when they first start up. Commissioner Zimmerman asked if there were protocols for the drivers in place that outlined how they should drive in residential areas. Mr. Pearson stated that currently the company does not have procedures or protocols in place but they would be willing to work with the residents to come up with a procedure and document this for the City. Commissioner Modesette asked if they had considered reconfiguring the parking lot. Mr. Pearson stated that this was not considered but it was a good idea. They would look into this and prepare a response for the City. Commissioner Holewa stated that a session with the residents along with a bus ride would be a good idea. This would allow them to have A. Planning Case 09-018; Conditional Use Permit Amendment; 1901 Lake Valentine Road; First Student; - Public Hearing (continued) a better understanding of the buses. He asked what schools this site handles. Mr. Pearson stated that they currently handle the schools in Mounds View, about half of the schools in Columbia Heights and about 20 routes in Minneapolis. Commissioner Reiff asked if there was going to be enough room on the property to accommodate the number of buses being requested and employee vehicles. Mr. Pearson stated that they would be able to work within the CUP. Mr. Gerry Garski, 1795 Lake Valentine Road, Arden Hills, asked if First Student owned all the property outlined in the proposal. Mr. Pearson stated that First Student leases property from the land owner but they do not lease all the property outlined in the proposal. Mr. Garski stated that the property near the lake is full of liter and he requested that the property owners be notified and asked to clean this UP. Mr. Shawn Regan, SOR Real Estate, LLC, stated that they want to work with the residents and First Student in an effort to resolve any issues that may arise. He also stated that they would be sure to pick up the trash that has accumulated by the lake. Commissioner Thompson asked if moving forward the expectations of the CUP would be in front of the right people so that it does not get lost in the shuffle. Mr. Regan stated that they would follow through with this. Mr. Pearson clarified that the four items that First Student has agreed to do for the City are: clean up the litter by the lake and keep this area clean, set up a driver protocol and procedure outlining how drivers A. Planning Case 09-018; Conditional Use Permit Amendment; 1901 Lake Valentine Road; First Student; - Public Hearing (continued) should drive in residential areas and submit this to the City, look at reconfiguring the parking lot, and setting up an annual meeting with the residents. Commissioner Thompson asked if the residents have a point of contact at First Student. Mr. Pearson stated that he would be sure this information is provided to the residents and updated annually. Chair Thompson closed the public hearing at 7:19 p.m. Commissioner Holewa asked why there were two different addresses for the property. City Planner Beekman stated that the street was renamed by the City. Commissioner Holewa moved, seconded by Commissioner Reiff to recommend approval of Planning Case 09-018; Conditional Use Permit; 1901 Lake Valentine Road based of the findings of fact, subiect to the five conditions, which effectively mitigate any significant impacts of the facility, as presented in staffs October 7, 2009 report. Commissioner Modesette asked if the additional items volunteered by the applicant should be added as conditions. Chair Thompson stated that these items were part of good business practice but they should not be set up as conditions for approval. Commissioner Reiff agreed with Chair Thompson that the items volunteered by the applicant should not be set up as conditions. The motion carried unanimously (5-0) Attachment B Conditional Use Permit Amendment October 26, 2009, City Council Meeting STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS CONDITIONAL USE PERMIT AMENDMENT CASE NO. 09-018 1.0 Recitals. A. Sor Real Estate, a limited liability corporation ("Perm ittee"), owner of the following real property in the City of Arden Hills, Ramsey County, Minnesota ("Arden Hills"): That part of the southeast quarter of the southwest quarter of Section 21, Township 30, Range 23, Ramsey County, Minnesota, lying southerly of the State Trunk Highway 100, now Interstate 694 and north of County Road F, now Lake Valentine Road; which lies easterly from a point on the west I n ie of said Section 21, distance 832.5 feet north of the southwest corner thereof, run northeasterly at an angle of 85 degrees 19 minutes with said west Section line for 416.6 feet; thence deflect to the right on a 1 degree 00 minute curve for 1420 feet; thence on targent to said curve for 111.7 feet to the point beginning of the line to be described; thence deflect to the right at an angle of 90 degrees 00 minutes for 650 feet and there terminating. B. On the 8th day of September, 2009, the Permittee and their tenant, First Student, submitted a completed application to Arden Hills requesting that its existing conditional use permit be amended to adjust the number and types of vehicles that can be operated out of the Subject Property ("Planning Case 09-018"). C. On the 7th day of October, 2009, Planning Case 09-018 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 09-018 subject to certain conditions. 2.0 Approval of the Application. On the 26th day of October, 2009, the Arden Hills City Council considered Planning Case 09-018, the recommendations of the Arden Hills Staff and Planning Commission, the effects of the proposed amended conditional use 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 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 93-15A except hereinafter modified. These conditions are as follows: 1. All signage needs to be approved through the City of Arden Hills Sign Ordinance Permit process. 2. The underground fuel tank is to be replaced and upgraded to meet the Minnesota Uniform Fire Code and federal pollution requirements by the year 2000, or no later than required by local state or Federal law. At which time this is undertaken the tanks should be properly screened per City Code. 3. All parking in the east lot from approximately thirty (30) feet south of the northern most edges of the building south to the property line shall be terminated. The lot should be barricaded and landscaped from traffic use by September 5 1994. 4. The abandoned east parking lot shall be maintained as a buffer area between the current business and neighboring residential district. By September 5, 1994, this area shall be landscaped with the use of top soil grass seeding, trees, and shrubs as identified in the landscape plan. The landscaping improvements shall be maintained by the applicant. 5. All parking areas, but not limited to the parking lot north of the building, shall be asphalted and striped for parking stalls by September 5, 1994. 6. The maintenance and or storage of rental vehicles and equipment owned or leased by Ryder Student Transportation not associated with the bus operation shall be allowed only as long as Ryder Student Transportation is the primary tenant at 1901 West County Road F. No major overhauls will be allowed on this equipment and all vehicles must be parked within the existing building and removed from the site within seventy-two (72) hours. 7. The number of buses allowed to operate and park at this location is limited to one hundred and fifty (150) buses and twenty (20) vans from September 1 through June 15, and one hundred and twenty five (125) buses and twenty (20) vans during the remainder of the year. 8. All site plan improvements are approved by Rice Creek Watershed District and a copy of this approval permit be provided to the City. 9. At such time that County Road F is improved by Ramsey County or the City of Arden Hills the property owner or tenant shall submit within 90 days of notification of the road improvement project a plan for approval and undertake improvements required by the zoning ordinance concerning landscaping screening and parking setbacks along County Road F. If within one year the County Road F improvements aren't undertaken the parking within the setback area shall cease and the landscaping improvements be made. 10.The bus terminal provides to the City a copy of all approved applicable County and State permits for the area of hazardous waste. 11.The property owner and tenants shall begin a process of making improvements and continue an ongoing maintenance program to the building to improve upon the appearance of the building so the building shall not detract from the visual appearance of the area. These improvements shall include painting, landscaping, or other improvements as undertaken and approved by the City of Arden Hills. 12.A performance bond for 125 percent of the estimated costs for the proposed landscaping improvements shall be provided to the City. 13. Emission or creation of noise, odors, vibrations, glare, dust, heat, and toxic or noxious fumes, shall conform to such standards as are from time to time established by the Minnesota Pollution Control Agency. 14.The bus terminal will provide occasional reminders through maps, internal memorandums, and staff meetings, to encourage its employees to reduce travel along County Road F in the neighboring residential districts The terminal shall monitor the bus traffic travelling east and take appropriate actions to ensure that only those buses which need to travel east are allowed to do so. 15.The company will investigate and discuss with City Staff by December 1, 1994, the options in the area of engine warmers and electrical plug ins or other options which will reduce the need for the vehicles to run extended periods of time. These options would 3 address monitoring and reducing potential air pollution due to running vehicles for an extended period of time in cold weather. 16. The Special Use Permit will be subject to review if the above conditions are not met, other concerns are observed, or a change in the bus terminal operator occurs. Staff will work with the applicant on the realignment or removal of a curb cut to encourage a two entrance plan. B. Condition 7 above shall be amended to read that the number of buses allowed to operate and park at this location is limited to one hundred fifty (150) large buses and a maximum of one hundred seventy-five (175) buses from September 1 through June 15, and a maximum of one hundred fifty (150) buses during the remainder of the year. C. The applicant shall implement a pavement improvement plan, subject to the approval of the City Planner, by March 26, 2010. D. The applicant shall implement a landscaping plan substantially similar to the originally approved landscaping plan, subject to the approval of the City Planner, by March 26, 2010. E. Buses shall not be permitted to be parked on any surface other than the hard surface of the designated parking area. F. The designated parking area of the facility shall not be expanded in any way. 4 Dated: 26t" day of October, 2009. CITY OF ARDEN HILLS 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. Sor Real Estate, A Limited Liability Corporation I� STATE OF MINNESOTA ) )SS. COUNTY OF RAMSEY ) Name: Title: 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 Sor Real Estate, A Limited Liability Corporation. Notary Public Drafted By: Meagan Beekman, City Planner City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2009\09-018 First Student CUP Amendment (PC Approved)\10-26-09 - regular meeting - attachment B - First Student CUP Amendment.doc Attachment C Report to the Planning Commission From October 26, 2009. Available online at: http://www.ci.arden-hills.mn.us/planningcases October 26, 2009, City Council Meeting