HomeMy WebLinkAbout7A, Arden Hall Planned Unit Development & Zoning Code AmendmentEN HILLS
Request for Council Action
Prepared By: Meagan Beekman, City Planner
Council Meeting Date: November 15, 2010
Arden Hall Planned Unit Development and Zoning Code Amendment
Budgeted Amount:
N/A
Actual Amount:
N/A
Funding Source:
N/A
Recommendation:
Approve Ordinance 2010 -012 amending the Zoning Code to allow Institutional Housing as a permitted
use within the B -2 District with an approved Planned Unit Development based on the Findings of Fact in
the November 15, 2010, memo to the City Council.
Approve Planning Case 10 -009, and the Development Agreement, for a Master and Final PUD to allow
Arden Hall to continue as a permanent use based on the Findings of Fact, the submitted plans, and the
conditions in the November 15, 2010, memo to the City Council.
Supporting Documents:
1. Memorandum dated November 15, 2010, from Meagan Beekman
2. September 8, 2010, and October 6, 2010, Planning Commission Minutes
3. Ordinance 2010 -012 and Publication Summary
4. Development Agreement
5. October 6, 2010, Report to the Planning Commission http /wvwv.ci.arden- hills.rnn.us
DATE: November 15, 2010
FROM: Meagan Beekman, City Planner
'r �r
EN HILLS
MEMORANDUM
TO: Honorable Mayor City Councilmembers
Patrick Klaers, City Administrator
SUBJECT: Planning Case #10 -009
Applicant: TAT Propterties
Property Address: 1201 County Road E
Request: Master and Final Planned Unit Development (PUD) and Zoning Code
Amendment
Requested Action
Approve Ordinance 2010 -012 amending the Zoning Code to allow Institutional Housing as a
permitted use within the B -2 District with an approved Planned Unit Development based on the
Findings of Fact in the November 15, 2010, memo to the City Council.
Approve Planning Case 10 -009, and the Development Agreement, for a Master and Final PUD to
allow Arden Hall to continue as a permanent use based on the Findings of Fact, the submitted
plans, and the conditions in the November 15, 2010, memo to the City Council.
Background
At the September 8, 2010, meeting the Planning Commission reviewed an application from TAT
Properties and Northwestern College for a Zoning Code amendment and Master and Final PUD
to convert the existing student housing facility at 1201 County Road E from an interim use to a
permanent use. The application also included a request for a preliminary and final plat to
subdivide the seven acre property into two parcels. The Planning Commission voted to table the
request for a Zoning Code amendment and Master and Final PUD, and recommended denial of
the applicants request for the preliminary and final plat. The applicant has since withdrawn their
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request for the preliminary and final plat, but is moving forward with a request for the Zoning
Code amendment and PUD to allow the existing use to continue.
In March 2008 the City approved a request from TAT Properties and Northwestern College
granting an Interim Use Permit (IUP) at the former Holiday Inn property that would allow the
College to operate a student housing facility in the B -2 District. TAT Properties had purchased
the building and intended to lease it to Northwestern College. The IUP is set to expire May 30,
2011. Student housing is currently defined as "institutional housing" in the City's Zoning Code.
As part of the approval the City adopted an IUP process, and amended the City's land use chart
to allow institutional housing as an interim use in the B -2 District, under certain circumstances.
Sighting a number of factors, including the slowed economy over the past several years,
Northwestern College was not able to construct on- campus student housing. At present, Arden
Hall has proven to be a success for Northwestern College. As an alternative to losing the
capacity to house the students living in Arden Hall when the IUP expires at the end of this school
year, Northwestern College is proposing to extend their lease with TAT Properties and continue
the operation of their student housing facility. In turn, TAT Properties has found it more difficult
than originally anticipated to find a viable redevelopment option for the property, and has
submitted an application to the City requesting the current interim use of the building be
converted to a permanent use.
Presently, the Zoning Code does not identify institutional housing as a permitted or conditional
use within the B -2 District. Land uses that are not specifically identified in a city's zoning code
as permitted or conditional uses are considered prohibited. In order to accommodate the
applicant's request to allow the student housing facility to continue operations at its current site,
the request includes a proposal to amend the Zoning Code to add institutional housing as a use
permitted through a PUD process in the B -2 District. This means that the use would be
considered permitted, but would be required to get an approved Master and Final PUD in order
to operate in the B -2 District.
Since the September 8, Planning Commission meeting, the applicants have reviewed their
request in terms of making the existing student housing use permanent versus extending the
existing interim use permit. The applicants have indicated that the cost of improvements that are
required in the building are significant, and that these improvements warrant a long term
investment in the property. Furthermore, a zoning classification that allows the use permanently
is necessary in order to garner financing to make the required improvements.
See the September 8, 2010, Planning Commission report to review the applicant's letter outlining
the reasons for their request.
City of Arden Hills
City Council Meeting for November 15, 2010
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At their October 6, 2010, meeting the Planning Commission reviewed the amended PUD and
Zoning Code amendment request (Attachment A), and recommended approval (5 -1) of the
application.
Findings of Fact
The Planning Commission offers the following findings of fact for the City Council's
consideration:
General Findings:
1. If the proposed Zoning Code changes in Planning Case 10 -009 are approved, institutional
housing would be a permitted use, under certain circumstances, with an approved PUD,
in the B -2 District.
2. The Master and Final PUD process allows flexibility with the implementation of the
City's subdivision and zoning regulations.
3. The proposal is not anticipated to adversely impact nearby properties through nuisance,
noise, dust, glare, or unsightliness, and will not otherwise adversely impact the health,
safety, and welfare of the community because the use is located in a commercial district,
has been in operation since September 2008 and has not caused any adverse impacts to
date, and will be aesthetically improved by the proposed landscaping improvements.
4. The proposal would not increase parking and traffic on the site compared to existing
conditions. In addition, Northwestern College intends to continue shuttle service between
the property and the College.
5. The proposal is in keeping with many of the principles of the Guiding Plan for the B -2
District due to the existing configuration of the site.
6. The proposal does not advance the principles of the Guiding Plan for the B -2 District,
because it inhibits the realignment of the accesses on the site, the design standards for
new construction are not being met, and the development is not oriented around a green
space.
7. There are no delinquent property taxes, special assessments, interest, or City utility fees
due upon the subject parcel.
On the Proposed Special Requirements for Institutional Uses in the B -2 District:
8. The building to be used will be upgraded to meet all applicable building and fire codes.
9. Each room will have its own bathroom.
10. The capacity of the building will not be exceeded.
11. The institutional housing will be for student housing only.
12. A regularly scheduled shuttle will be provided to and from the College.
Planned Unit Development Review Findings:
13. Lot size, building and landscape coverage, and setbacks are met by the proposed plans.
City of Arden Hills
City Council Meeting for November 15, 2010
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14. The design standards that can be applied to this application are substantially met by the
proposed plans.
15. Required number of parking stalls is exceeded by the proposed plans.
16. The project is not subject to park dedication requirements.
Recommendation
The Planning Commission reviewed Planning Case 10 -009 and recommends approval (5 -1) of
the PUD and Zoning Code amendment based on the findings of fact and the submitted plans as
amended by the following conditions:
1. The applicant shall submit an updated landscaping and site plan, subject to the approval
of the City, prior to the issuance of building permits that reflects the site changes required
by the conditions of approval.
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 and City
Council.
3. The applicant shall obtain all necessary permits, including, but not limited to, NPDES,
Rice Creek Watershed District, Ramsey County and City Erosion Control Permits.
4. The applicant shall obtain a certificate of occupancy by September 1, 2011 or the Master
and Final PUD approval shall expire, unless extended by the City Council prior to the
approval's expiration date. Extension requests must be submitted in writing to the City at
least 45 days prior to the expiration date.
5. A development agreement, drafted by the City Attorney, shall be signed by the applicants
prior to the issuance of and building permits.
6. The applicant shall submit a financial surety in a form acceptable to the City Attorney for
125 percent of the cost of materials and installation of the landscaping plan prior to the
City issuing a Certificate of Occupancy. The City shall retain the financial surety for at
least two years 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.
7. The applicant shall construct a six foot wide concrete sidewalk, with a minimum six foot
wide boulevard, along the frontage of the property abutting County Road E prior to the
issuance of a Certificate of Occupancy.
8. The applicant shall construct a six foot wide concrete sidewalk, with a minimum six foot
wide boulevard, along the frontage of the property abutting Lexington Avenue no later
than September 1, 2012. The applicant shall submit a financial surety in a form
acceptable to the City Attorney for 125 percent of the cost of the installation of said
sidewalk prior to the issuance of a Certificate of Occupancy. The financial surety shall
only be released upon successful inspection of the completed sidewalk.
City of Arden Hills
City Council Meeting for November 15, 2010
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9. The applicant shall provide street trees in accordance with the Zoning Code along
the County Road E street frontage prior to the issuance of a Certificate of Occupancy;
existing trees in proximity to the street may be counted towards this requirement.
10. The applicant shall permanently remove the center access point off County Road E, and
the west drive access in accordance with the Concept Site, Drainage, and Utility Plan
dated August 23, 2010, and presented on September 8, 2010, prior to the issuance of a
Certificate of Occupancy.
11. Bicycle racks shall be provided near all primary entrances to the building subject to the
approval of the City, prior to the issuance of a Certificate of Occupancy.
12. The applicants shall provide additional lighting in the rear parking lot, subject to the
approval of the City Planner and in accordance with the City's Zoning Code, in order to
increase safety and security prior to the issuance of a Certificate of Occupancy.
13. The applicants shall comply with Chapter 1306, Special Fire Protection Systems, of the
State Building Code, which requires the installation of a fire sprinkler protection system
that complies with NFPA 13, subject to the approval of the Fire Marshal, prior to the
issuance of a Certificate of Occupancy.
14. The applicants shall comply with all provisions of Chapter 14 of the City Code regarding
property maintenance, subject to the approval of the Building Official, prior to the
issuance of a Certificate of Occupancy.
15. Fire Hydrants shall be located within 150 feet of all Fire Department Connections (FDC).
16. Northwestern College shall continue to provide adequate shuttle service during the
regular school year in order to minimize vehicular traffic between Arden Hall and the
College. The City may require a review of the shuttle schedule in the event that vehicular
traffic into and out of Arden Hall is causing a significant traffic concern. Northwestern
College and the City shall mutually resolve any such concern including establishing
additional shuttle trips if necessary.
17. All parking demand shall be accommodated on -site.
18. The building occupancy of the existing building shall not exceed the occupancy limit as
determined by the Building Official and Fire Marshal or 350 students, whichever is less.
19. The on -site food service facilities within the existing building shall be limited to use by
students, staff, and guests of Northwestern College.
20. Northwestern College shall require parking permits for the users on the site and not allow
commuter parking. Northwestern College shall be responsible for monitoring parking on
the site.
Requested Action
Motion to Approve Ordinance 2010 -012 amending the Zoning Code to allow Institutional
Housing as a permitted use within the B -2 District with an approved Planned Unit Development
based on the Findings of Fact in the November 15, 2010, memo to the City Council.
City of Arden Hills
City Council Meeting for November 15, 2010
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Motion to Approve Planning Case 10 -009, and the Development Agreement, for a Master and
Final PUD to allow Arden Hall to continue as a permanent use based on the Findings of Fact, the
submitted plans, and the conditions in the November 15, 2010, memo to the City Council.
Deadline for Agency Actions
The City of Arden Hills received the completed application for this request on August 23, 2010.
Pursuant to Minnesota State Statute, the City has provided the petitioner with a written notice
that the review deadline has been extended to 120 days; December 20, 2010. The City may, with
the consent of the applicant, extend the review period beyond the initial 120 days.
Attachments
A. September 8, 2010, and October 6, 2010, Planning Commission Minutes
B. Ordinance 10 -012 and Publication Summary
C. Development Agreement
D. October 6, 2010, Report to the Planning Commission http: /www.ci.arden- hills.mn.us
City of Arden Hills
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City of Arden Hills
City Council Meeting for November 15, 2010
Attachment A
September 8, 2010, and October 6, 2010
Planning Commission Minutes
The Planning Commission voted 5-1 (Holewa Dissenting) to
recommend approval for Planning Case 10-012 at their October 6,
2010, meeting.
September 8, 2010, Planning Commission Minutes
Planning Case 10 -009; Zoning Code Amendment, Preliminary and Final Plat, and
Master and Final PUD; 1201 W. County Road E; TAT Properties Public Hearing
City Planner Meagan Beekman stated the applicant has requested a Zoning Code
Amendment, Preliminary and Final Plat, and Master and Final Planned Unit
Development (PUD) to allow the existing student housing facility located at 1201 County
Road E, the former Holiday Inn site, to convert from an interim use to a permanent use.
She provided additional background information. The Planning Commission must make
a finding as to whether or not the proposed application meets the requirements of the
Zoning Code, advances the goals and principle within the Guiding Plan for the B -2
District, and would adversely affect the surrounding neighborhood or the community as a
whole. Staff offers the following seventeen findings for consideration:
General Findings:
1. If the proposed Zoning Code changes in Planning Case 10 -009 are
approved, institutional housing would be a permitted use, under certain
circumstances, with an approved PUD, in the B -2 District.
2. The Master and Final PUD process allows flexibility with the
implementation of the City's subdivision and zoning regulations.
3. The proposal is not anticipated to adversely impact nearby properties
through nuisance, noise, dust, glare, or unsightliness, and will not
otherwise adversely impact the health, safety, and welfare of the
community because the use is located in a commercial district, has been in
operation since September 2008 and has not caused any adverse impacts,
and will be aesthetically improved by the proposed landscaping
improvements.
4. The proposal would not increase parking and traffic on the site compared
to existing conditions. In addition, Northwestern College intends to
continue shuttle service between the property and the College.
5. The proposal is in keeping with many of the principles of the Guiding Plan
for the B -2 District due to the existing configuration of the site, and the
addition of Lot 2 as a development opportunity in the B -2 District.
6. The proposal does not advance the principles of the Guiding Plan for the
B -2 District, because it inhibits the realignment of the accesses on the site,
the design standards for new construction are not being met, and the
orientation of the development does not include a green space.
7. There are no delinquent property taxes, special assessments, interest, or
City utility fees due upon the subject parcel.
On the Proposed Special Requirements for Interim Uses in the B -2 District:
8. The building to be used will be upgraded to meet all applicable building
and fire codes.
9. Each room will have its own bathroom.
10. The capacity of the building will not be exceeded.
11. The institutional housing will be for student housing only.
12. A regularly scheduled shuttle will be provided to and from the college.
Planned Unit Development Review Findings:
13. Lot size, building and landscape coverage, and setbacks are met by the
proposed plans.
14. All parking lot and landscaping requirements are met or exceeded with the
exception of square footage of perennial /shrubbery plantings and parking
lot islands.
15. The design standards that can be applied to this application are
substantially met by the proposed plans.
16. Required number of parking stalls is exceeded by the proposed plans.
17. The project is subject to park dedication requirements.
City Planner Beekman stated Staff recommends approval of Planning Case #10-009 for a
Zoning Code Amendment, Preliminary and Final Plat, and Master and Final PUD at 1201
County Road E subject to the following conditions:
1. 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 and City Council.
2. A development agreement drafted by the City Attorney shall be signed by the
property owner's of both Lot 1 and Lot 2, and Northwestern College, prior to
the issuance of the occupancy permit.
3. The applicant shall obtain all necessary permits, including, but not limited to,
NPDES, Rice Creek Watershed District, Ramsey County and City Erosion
Control Permits.
4. The applicant shall obtain a certificate of occupancy for Lot 1 by September 1,
2011 or the Master and Final PUD approval shall expire, unless extended by
the City Council prior to the approval's expiration date. Extension requests
must be submitted in writing to the City at least 45 days prior to the expiration
date.
5. The applicant shall submit a financial surety in a form acceptable to the City
Attorney for 125 percent of the cost of materials and installation of the
landscaping plan prior to the City issuing a Certificate of Occupancy. The
City shall retain the financial surety for at least two years 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.
6. The applicant shall provide drainage and utility easements, in favor of the
City, in accordance with 1130.05 of the City Code, prior to the issuance of a
Certificate of Occupancy.
7. The applicant shall comply with all conditions listed in the August 31, 2010,
memo from the City Engineer and Public Works Director.
8. Lot 1 shall comply with Chapter 1306, Special Fire Protection Systems, of the
State Building Code, which requires the installation of a fire sprinkler
protection system that complies with NFPA 13, subject to the approval of the
Fire Marshal, prior to the issuance of a Certificate of Occupancy.
9. Lot 1 shall comply with all provisions of Chapter 14 of the City Code
regarding property maintenance, subject to the approval of the Building
Official, prior to the issuance of a Certificate of Occupancy.
10. Permanently affixed bicycle racks shall be provided near all primary entrances
to the building on Lot 1, subject to the approval of the City, prior to the
issuance of a Certificate of Occupancy.
11. Fire Hydrants shall be located within 150 feet of the Fire Department
Connections (FDC) to each building on Lot 1 and 2.
12. Northwestern College shall continue to provide adequate shuttle service,
subject to the discretion of the City, between the College and Arden Hall
during the regular school year until such time when the property is no longer
utilized as a student housing facility.
13. All parking demands shall be accommodated on -site.
14. The building occupancy of the existing building on Lot 1 shall not exceed the
occupancy limit as determined by the Building Official and Fire Marshal or
350 students, whichever is less.
15. The on -site food service facilities within the existing building on Lot 1 shall
be limited to use by students and staff of Northwestern College.
16. Northwestern College shall require parking permits for the users on the site
and not allow commuter parking. Northwestern College shall be responsible
for monitoring parking on the site.
17. The applicant shall file the Final Plat with Ramsey County within one year of
the City approval, or the approval for the Final Plat shall expire, unless
extended by the City Council prior to the approval's expiration. Extension
requests must be submitted in writing to the City at least 45 days prior to the
expiration date.
18. The applicant shall provide for park dedication in accordance with Section
1130.08 of the City Code, subject to the approval of the City Council. The
park dedication, if in the form of a fee shall be paid in full prior to the
execution of the Final Plat, or the property owner shall enter into an
agreement for a payment plan that is in accordance with Section 1130.08
Subd. E of the City Code.
19. A minimum twenty foot wide access drive between the buildings on Lot 1 and
Lot 2, subject to the approval of the Fire Marshal, shall be maintained.
20. The applicant shall submit to the City shared parking and shared maintenance
agreements between Lot 1 and Lot 2 prior to the issuance of building permits
for Lot 2.
21. The applicant shall implement all the approved improvements to Lot 1 prior to
the issuance of a Certificate for Occupancy for Lot 1.
Chair Larson opened the floor to Commission questions.
Chair Larson .asked in the setbacks for Lot 1 would be in conformance with the City's
Zoning Code. He expressed concerns with the access to Lot 2. There could potentially
be a user for this lot that would generate more traffic than the proposed access could
accommodate. He asked if this had been taken into consideration.
City Planner Beekman stated the setbacks for Lot 1 would be in conformance with the
City's Zoning Code. She stated the access for Lot 2 had been looked at closely. The
County does not want additional curb cuts along County Road E or Lexington Avenue.
The two lots sharing an access point was part of the Guiding Plan for this area. She also
explained as part of the development of Lot 2 the developer would be required to have a
traffic study done that would review the access points and traffic impacts. The
development of Lot 2 would increase traffic in this area and traffic studies have indicated
that a full build out would need a traffic signal.
Commissioner Holewa asked what the Fire Department would like for curb cuts.
City Planner Beekman explained the Fire Department would like to have better access to
Lot 2 but the existing curb cuts are functional.
Commissioner Holewa asked for clarification regarding the improvements reference by
condition 21.
City Planner Beekman stated these improvements included the installation of the storm
water pond and infiltration basin, the parking lot islands, curbs, and gutters, and the
planting of trees along the street and the installation of the sidewalk.
Chair Larson opened the public hearing at 6:50 p.m.
Chair Larson invited anyone for or against the application to come forward and make
comment.
Mr. Doug Schroeder, Chief Financial Officer, Northwestern College, stated in the
foreseeable future Northwestern College will not be contemplating construction of a new
housing facility due to economic considerations and the amount of debt to be taken on at
this time is too great given the remodeling and expansion that has already taken place.
The better option for the College at this time would be to continue to lease the property
currently referred to as Arden Hall. As a condition of the Interim Use Permit the College
runs a shuttle service from 6:30 a.m. to 7:30 p.m. This helps to reduce the number of cars
traveling in the area. Northwestern also has a permit process for cars parked in this
location and it is monitored to ensure only those vehicles authorized to be there are there.
This is something that the College would continue to monitor.
Commissioner Holewa asked how many students were enrolled at the College and how
many of these students were located at Arden Hall. He also asked if Mr. Schroeder had
any concerns about the lack of green space at the Arden Hall location.
Mr. Schroeder stated the College currently has approximately 1800 traditional students.
Northwestern's policy is to have housing available for two thirds of the students enrolled,
which would be about 1300 students. Arden Hall can have a maximum occupancy of 350
students and currently it is set up to handle 316 students. The number of students in
Arden Hall is in the high 200 range. He explained the lack of green space has not been a
problem for the students and as such has not presented a problem for the College.
Northwestern recently completed new green space for the students on campus and will be
completing the Life Commons or student union next spring. Those students that wish to
enjoy the green space will take the shuttle to the campus and the students on campus view
Arden Hall as a place to go to be with friends.
Commissioner Scott asked what the length of the lease is with TAT Properties.
Mr. Schroeder stated this is something that is currently being negotiated.
Mr. Rob Davidson, TAT Properties, stated the e -mail he sent to City Planner Beekman
was a clarification of the timeline the City had set forth for competing portions of the
project in order to obtain building permits and a Certificate of Occupancy. He explained
that the conditions of approval were acceptable but he would request the timing of some
of the items to be changed. TAT Properties would be investing a large sum of money in
updating the sprinkler system and elevator improvements. He also explained TAT would
like to wait with the drainage pond, curbs, gutters, and sidewalk improvements until an
occupant for Lot 2 had been found. These improvements may be something that would
need to be changed based on what type of business is located on Lot 2.
Chair Larson explained the Planning Commission has not evaluated the time line and this
would not be something that would be decided at this meeting.
Chair Larson asked if TAT Properties had looked at leaving the property as one and not
subdividing it.
Mr. Davidson stated this could be an option and the market will determine the viability of
this corner. He clarified TAT Properties would like to see another access point added to
the east but at this time it is not an option. He clarified TAT Properties is not requesting
a change to the conditions for approval and would like to have the curb, gutters, sidewalk,
and storm water pond considered as part of the improvements with Lot 2.
Chair Larson closed the public hearing at 7:15 p.m.
City Planner Beekman stated if the Planning Commission modified the conditions the
City would need more time to review them. She stated the primary concern with splitting
the lot into two sites is Lot 1 would be a nonconforming lot because there would not be
adequate green space to meet the City's codes. If the City chose to have the parking lot
and other improvement completed with the development of Lot 2 then the improvements
would not have a deadline for being done. The City would not be comfortable with
extending these improvements indefinitely. If the property was not split at this time then
the green space requirements are being met.
Commissioner Scott asked if the current Interim Use Permit could be extended.
City Planner Beekman stated it was Staff's opinion to move this through a PUD process
so that the City could require improvements that would otherwise not be done. TAT
Properties will be investing a great deal into the property and if the use would be more
long term then it would be beneficial for TAT to make the investment.
Chair Larson stated the use of the Holiday Inn site has been good for the college and the
neighborhood has not suffered. He expressed concerns the City would be creating a
nonconforming parcel if the Planning Commission approves the plat.
Commissioner Holewa stated he understood TAT Properties not wanting to invest a lot of
funds into the parking lot without having an occupant for Lot 2. The City spent a
significant amount of time on developing the B -2 District Guiding Plan and creating a
nonconforming lot is not what the City had envisioned in this area. He stated he supports
the College, the students, and the community but he would not support the zoning
change.
Commissioner Thompson agreed with Commissioner Holewa. She stated the City had
not looked at extending the current IUP and this is something that should be looked into
more. She is supportive having the curbs and gutters installed but stated the City should
be aware of not requiring something that may have to be removed in the near future to
accommodate an occupant on Lot 2.
Commissioner Reiff stated the opposition surprised him because this proposal is in line
with the City's vision. The City needs to make it possible for businesses to move toward
the plan guidelines and not make it impossible to do improvements if they are not exactly
what the City wants. The City does not gain anything if the area businesses find it
difficult to make improvements. He clarified that he would support both motions
presented.
Commission Zimmerman stated the B -2 Guiding Plan had considered a
motel/hotel /convention center for this particular site and the interim use has turned out to
be a good use for this particular site. Plans can always be put together but the economy
may not support those plans. The City should be able to maintain flexibility and have the
ability to accept other options that are presented.
Commissioner Reiff moved and Commissioner Zimmerman seconded a motion to
Recommend Approval of Planning Case 10 -009 for a Zoning Code Amendment and
Master and Final PUD at 1201 W. County Road E Based on the Findings of Fact
and the Submitted plans as Amended by the Modified Conditions. The motion
failed (2 -4).
Ayes: Commissioners Reiff and Zimmerman
Nays: Chair Larson, Commissioners Scott, Thompson, and Holewa
Commissioner Holewa moved and Commissioner Scott seconded a motion to
Recommend Denial of Planning Case 10 -009 for a Zoning Code Amendment and
Master and Final PUD at 1201 W. County Road E Based on the Following Findings:
The Zoning Code amendment, Master and Final PUD do not meet the goals and
principles of the B -2 District Guidelines and the Comprehensive Plan.
Commissioner Reiff stated the Planning Commission had no rational basis for this type of
motion.
Chair Larson stated it would be better to table this motion for additional information
because there were a lot of unknowns at this time.
The motion was called to a vote.
The motion failed (2 -4)
Ayes: Commissioners Holewa and Scott
Nays: Chair Larson, Commissioners Zimmerman, Thompson, and Reiff
Commissioner Thompson moved and Commissioner Zimmerman seconded a
motion to Table Planning Case 10 -009 for a Zoning Code Amendment and Master
and Final PUD at 1201 W. County Road E in order to Clarify the Conditions. The
motion carried unanimously (6 -0).
Commissioner Thompson moved and Commissioner Holewa seconded a motion to
Deny Planning Case 10 -009 for a Preliminary and Final Plat at 1201 W. County
Road E Based on the following Findings: The approval would not be in keeping with
the goals of the Guiding Plan for the B -2 District or the intent and spirit of the
Zoning Code and Comprehensive Plan; and the conditions of approval for the lot
split and access issues would be better addressed in the future when a specific use
for the proposed Lot 2 would be known. The motion carried (4 -2).
Ayes: Chair Larson, Commissioners Scott, Thompson, and Holewa
Nays: Commissioners Zimmerman and Reiff
October 6, 2010, Planning Commission Minutes
Planning Case 10 -009; Zoning Code Amendment, and Master and Final PUD; 1201
W. County Road E; TAT Properties Not a Public Hearing
City Planner Meagan Beekman stated the applicant has requested a Zoning Code
Amendment and Master and Final Planned Unit Development (PUD) to allow the
existing student housing facility located at 1201 County Road E, the former Holiday Inn
site, to convert from an interim use to a permanent use. She stated at the September 8,
2010, meeting the Planning Commission reviewed an application from TAT Properties
and Northwestern College for a Zoning Code amendment and Master and Final PUD.
The application also included a request for a preliminary and final plat to subdivide the
seven acre property into two parcels. The Planning Commission voted to table the
request for a Zoning Code amendment and Master and Final PUD and recommended
denial of the applicants request for a preliminary and final plat. The applicant has since
withdrawn their request for a preliminary and final plat.
She provided additional background information. The Planning Commission must make
a finding as to whether or not the proposed application meets the requirements of the
Zoning Code, advances the goals and principle within the Guiding Plan for the B -2
District, and would adversely affect the surrounding neighborhood or the community as a
whole. Staff offers the following seventeen findings for consideration:
General Findings:
1. If the proposed Zoning Code changes in Planning Case 10 -009 are
approved, institutional housing would be a permitted use, under certain
circumstances, with an approved PUD, in the B -2 District.
2. The Master and Final PUD process allows flexibility with the
implementation of the City's subdivision and zoning regulations.
3. The proposal is not anticipated to adversely impact nearby properties
through nuisance, noise, dust, glare, or unsightliness, and will not
otherwise adversely impact the health, safety, and welfare of the
community because the use is located in a commercial district, has been in
operation since September 2008 and has not caused any adverse impacts
to date, and will be aesthetically improved by the proposed landscaping
improvements.
4. The proposal would not increase parking and traffic on the site compared
to existing conditions. In addition, Northwestern College intends to
continue shuttle service between the property and the College.
5. The proposal is in keeping with many of the principles of the Guiding Plan
for the B -2 District due to the existing configuration of the site, and the
addition of Lot 2 as a development opportunity in the B -2 District.
6. The proposal does not advance the principles of the Guiding Plan for the
B -2 District, because it inhibits the realignment of the accesses on the site,
the design standards for new construction are not being met, and the
orientation of the development does not include a green space.
7. There are no delinquent property taxes, special assessments, interest, or
City utility fees due upon the subject parcel.
On the Proposed Special Requirements for Interim Uses in the B -2 District:
8. The building to be used will be upgraded to meet all applicable building
and fire codes.
9. Each room will have its own bathroom.
10. The capacity of the building will not be exceeded.
11. The institutional housing will be for student housing only.
12. A regularly scheduled shuttle will be provided to and from the college.
Planned Unit Development Review Findings:
13. Lot size, building and landscape coverage, and setbacks are met by the
proposed plans.
14. All parking lot and landscaping requirements are met or exceeded with the
exception of square footage of perennial /shrubbery plantings and parking
lot islands.
15. The design standards that can be applied to this application are
substantially met by the proposed plans.
16. Required number of parking stalls is exceeded by the proposed plans.
17. The project is subject to park dedication requirements.
City Planner Beekman stated Staff recommends approval of Planning Case #10-009 for a
Zoning Code Amendment and Master and Final PUD at 1201 County Road E subject to
the following conditions:
1. The applicant shall submit an updated landscaping and site plan, subject to the
approval of the City, prior to the issuance of building permits that reflects the
site changes required by the conditions of approval.
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 and City Council.
3. The applicant shall obtain all necessary permits, including, but not limited to,
NPDES, Rice Creek Watershed District, Ramsey County and City Erosion
Control Permits.
4. The applicant shall obtain a certificate of occupancy by September 1, 2011 or
the Master and Final PUD approval shall expire, unless extended by the City
Council prior to the approval's expiration date. Extension requests must be
submitted in writing to the City at least 45 days prior to the expiration date.
5. A development agreement, drafted by the City Attorney, shall be signed by
the applicants prior to the issuance of any building permits.
6. The applicant shall submit a financial surety in a form acceptable to the City
Attorney for 125 percent of the cost of materials and installation of the
landscaping plan prior to the City issuing a Certificate of Occupancy. The
City shall retain the financial surety for at least two years 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.
7. The applicant shall construct a six foot wide concrete sidewalk, with a
minimum six foot wide boulevard, along the frontage of the property abutting
County Road E prior to the issuance of a Certificate of Occupancy.
8. The applicant shall construct a six foot wide concrete sidewalk, with a
minimum six foot wide boulevard, along the frontage of the property abutting
Lexington Avenue no later than September 1, 2012. The applicant shall
submit a financial surety in a form acceptable to the City Attorney for 125
percent of the cost of the installation of said sidewalk. The financial surety
shall only be released upon successful inspection of the completed sidewalk.
9. The applicant shall provide street trees in accordance with the Zoning Code
along the County Road E street frontage prior to the issuance of a Certificate
of Occupancy; existing trees in proximity to the street may be counted
towards this requirement.
10. The applicant shall permanently remove the center access point off County
Road E, and the west drive access in accordance with the Concept Site,
Drainage, and Utility Plan dated August 23, 2010, and presented on
September 8, 2010, prior to the issuance of a Certificate of Occupancy.
11. Bicycle racks shall be provided near all primary entrances to the building
subject to the approval of the City, prior to the issuance of a Certificate of
Occupancy.
12. The applicants shall provide additional lighting in the rear parking lot, subject
to the approval of the City Planner and in accordance with the City's Zoning
Code, in order to increase safety and security.
13. The applicants shall comply with Chapter 1306, Special Fire Protection
Systems, of the State Building Code, which requires the installation of a fire
sprinkler protection system that complies with NFPA 13, subject to the
approval of the Fire Marshal, prior to the issuance of a Certificate of
Occupancy.
14. The applicants shall comply with all provisions of Chapter 14 of the City
Code regarding property maintenance, subject to the approval of the Building
Official, prior to the issuance of a Certificate of Occupancy.
15. Fire Hydrants shall be located within 150 feet of the Fire Department
Connections (FDC) to each building on Lot 1 and 2.
16. Northwestern College shall continue to provide adequate shuttle service
during the regular school year in order to minimize vehicular traffic between
Arden Hall and the Collage. The City may require a review of the shuttle
schedule in the event that vehicular traffic into and out of Arden Hall is
causing a significant traffic concern. Northwestern College and the City shall
mutually resolve any such concern including establishing additional shuttle
trips if necessary.
17. All parking demands shall be accommodated on -site.
18. The building occupancy of the existing building shall not exceed the
occupancy limit as determined by the Building Official and Fire Marshal or
350 students, whichever is less.
19. The on -site food service facilities within the existing building on Lot 1 shall
be limited to use by students and staff of Northwestern College.
20. Northwestern College shall require parking permits for the users on the site
and not allow commuter parking. Northwestern College shall be responsible
for monitoring parking on the site.
Chair Thompson opened the floor to Commission questions.
There being no comments from the Planning Commission, Mr. Rob Davidson was
invited to address the Planning Commission.
Mr. Rob Davidson, owner Arden Hall, stated the comments from the previous
Planning Commission meeting were taken under consideration and the current
request reflects these changes. This site is unique in that it is meeting a demand
that would otherwise not be met utilizing a viable property within the City of
Arden Hills.
Commissioner Zimmerman moved and Commissioner Reiff a motion to
Recommend Approval of Planning Case 10 -009 for a Zoning Code
Amendment and Master and Final PUD at 1201 W. County Road E Based on
the Findings of Fact and the Submitted Plans as Amended by the Conditions
in the October 6, 2010, Planning Case Report.
Commissioner Holewa stated his view has not changed and the B2 Guiding Plan
should be followed. If the City does not plan on following this then it should be
changed. He agrees that the arrangement with TAT Properties and Northwestern
College is working for both parties and the community but he does not agree with
making this a permanent use in this district.
Chair Thompson asked if the future stoplight could be a three way stop.
City Planner Beekman stated this would be a possibility and the light could be
changed to a four way stop once the northern property is developed.
The motion was called to a vote.
The motion carried (5 -1)
Ayes: Vice Chair Thompson, Commissioners Scott, Zimmerman, Reiff,
Hames
Nays: Commissioner Holewa
City of Arden Hills
City Council Meeting for November 15, 2010
Attachment B
Ordinance 2010 -012 and Publication
Summary
Ordinance 2010 -012
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE 2010 -012
AN ORDINANCE AMENDING SECTIONS 1320.05 AND 1320.085 SUBD. 5 OF THE
ZONING CODE TO ALLOW INSTITUTIONAL HOUSING AS A PERMITTED USE
WITHIN THE B -2 DISTRICT WITH AN APPROVED PLANNED UNIT
DEVELOPMENT
The Arden Hills City Council hereby ordains that Chapter 13, Sections 1320.05 and 1320.085
Subd. 5 of the City Code are hereby amended as follows:
1320.05 Land Use Chart.
Institutional Housing
C C C
1320.085 Special Requirements for the B -2 General Business District.
Subd. 5 Institutional Housing Additional Planned Unit Development Criteria. In
addition to meeting the requirements of Section 1325, an existing hotel -motel use may be
used for institutional housing upon approval of a Master Planned Unit Development
provided that all of the following requirements are met:
A. The building to be used for institutional housing meets applicable building
and fire codes as determined by the Fire Marshal and Building Official;
B. Each room that has occupants on an overnight basis shall have bathroom
facilities within the room;
C. The capacity of the building shall not be exceeded;
D. The institutional housing shall only be used for student or faculty housing.
Rest homes, hospitals, sanatorium, nursing home, convalescent homes,
and orphan homes shall not be permitted.
E. A regularly scheduled shuttle shall be provided to and from the college or
campus for which the institutional housing is being used
Page 1 of 2
Ordinance 2010 -012
Effective Date. This Ordinance shall become effective the day following its publication.
Adoption Date. Passed by the City Council of the City of Arden Hills the 15 Day of
November, 2010.
ATTEST:
PATRICK KLAERS
CITY ADMINISTRATOR
Publication Date: November 24, 2010
STANLEY D. HARP S TEAD, MAYOR
Page 2 of 2
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO. 2010-012
On the 15 day of November, the Arden Hills City Council adopted Ordinance No. 2010-
012, and by at least four /fifths affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4,
directed that a summary of Ordinance 2010 -012 be published.
Chapter 13, Sections 1320.05 and 1320.085 Subd. 5 of the City Code are collectively
known as Ordinance 2010 -012 entitled "Institutional Housing in the B -2 District." The purpose
of the amendments is to allow Institutional housing as a permitted use within the B2 District with
an approved Planned Unit Development. The amended regulations will go into effect on
November 25, 2010.
A full copy of Ordinance 2010 -012 is available for inspection by any person during
regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden
Hills, Minnesota 55112.
City of Arden Hills
City Council Meeting for November 15, 2010
Attachment C
Development Agreement
CITY OF ARDEN HILLS
COUNTY ROAD E., LLC /TAT PROPERTIES, LLC
PLANNED UNIT DEVELOPMENT PERMIT
DEVELOPMENT AGREEMENT
PLANNING CASE NO. 10 -009
1.0 Parties. This agreement "Agreement is dated the 15th day of November, 2010 and is
entered into by the City of Arden Hills, a Minnesota statutory city "City and 1201
County Road E, LLC and TAT Properties, LLC, (jointly and severely "Developer
2.0 Recitals.
A. Developer is the record fee owner of the following described property situated in
Ramsey County, MN "Property
All that part of the South 1 /2 of the Southeast 1 /4 of the
Southeast 1 /4, Section 27, Township 30, Range 23, lying
between the Northerly right of way limits of U.S. Highway
No. 10, and the Southerly right of way limits of the
Minneapolis, St. Paul and Sault Ste. Marie Railroads, and
the Westerly right of way limits of Lexington Avenue and
Easterly of the West 250 feet of said Southeast 1 /4 of the
Southeast 1 /4 of Section 27, Township 30, Range 23,
according to the plat thereof on file or of record in the
office of County Recorder, Ramsey County, Minnesota.
B. A multi -story structure is located on the Property and is being used pursuant to the
terms of an Interim Use Permit for student housing. The Interim Use Permit will
expire on September 30, 2011.
C. On the 2 day of August, 2010, the Developer submitted a completed application
requesting that the City amend its Zoning Regulations; approve a Preliminary and
Final Plat for the Property; and approve a Master and Final Planned Unit
Development for the Property "Application
D. On the 8 day of September, 2010, at a public hearing, the Arden Hills Planning
Commission reviewed the Application; considered the comments and materials
submitted by the City's staff and consultants; considered the comments and
materials submitted by the Developer and its consultants; and considered the
comments and /or materials submitted by other individuals who attended the
public hearing. At the conclusion of the public hearing, the Planning Commission
recommended denial of the Preliminary and Final Plat of the Property; and tabled
its review of the remaining items on the Application. After the Planning
Commission meeting the Developer withdrew its Application for Preliminary and
Final Plat approval.
E. On the 6 day of October, 2010, the Planning Commission continued its review of
the Application; recommended approval of the revisions to the City's Zoning
Regulations; and recommended approval of the Master and Final Planned Unit
Development for the Property.
3.0 Council Review. On the 15 day of November, 2010, the Arden Hills City Council
reviewed the recommendations of the Planning Commission; the materials and comments
submitted by City staff and the its consultants; and the materials and comments submitted
by the Developer and its consultants. At the conclusion of its review, the City Council
approved the revision to the City's Zoning Regulations; and approved the Master and the
Final Planned Unit Development for the Property "Council Approvals all subject to
the terms and conditions contained herein.
4.0 Terms and Conditions. In consideration of the undertakings herein expressed and in
compliance with the City's Development Regulations, the parties agree as follows:
A. Developer Obligations. All City approvals are subject to Developer compliance
with the following conditions:
1. Prior to the issuance of building permits, the Developer shall submit
updated landscaping and site plans, subject to the approval of the City
Planner, that reflect the site changes required by the conditions of
approval. Previously reviewed site and landscaping plans are attached as
Exhibits A and B, respectively. The updated site and building plans shall
be attached as Exhibit A -1 and B -1 respectively.
2. The project shall be completed in accordance with the updated site and
landscaping plans. Any significant change to the updated site and building
plans, as determined by the City Planner, shall require review and
approval by the Planning Commission and City Council.
3. The Developer shall obtain all necessary permits, including, but not
limited to, NPDES, Rice Creek Watershed District, Ramsey County
and City Erosion Control Permits.
4. The Developer shall obtain a Certificate of Occupancy by September 1,
2011 or the Master and Final PUD approval shall expire, unless the
expiration date is extended by the City Council prior to the approval's
expiration date. Extension requests must be submitted in writing to the
City at least 45 days prior to the expiration date.
5. Prior to the issuance of a Certificate of Occupancy, the Developer shall:
a. Construct a six foot wide concrete sidewalk, with a minimum six
foot wide boulevard, along the frontage of the property abutting
County Road E.
b. Provide street trees in accordance with the Zoning Code along
the County Road E street frontage. Existing trees in proximity to
the street may be counted towards this requirement.
c. Permanently remove the center access point off County Road E,
and the west drive access in accordance with the Concept Site,
Drainage, and Utility Plan dated August 23, 2010, and presented
2
on September 8, 2010.
d. Comply with all provisions of Chapter 14 of the City Code regarding
property maintenance, subject to the approval of the Building
Official.
e. Comply with Chapter 1306, Special Fire Protection Systems, of
the State Building Code, which requires the installation of a fire
sprinkler protection system that complies with NFPA 13, subject
to the approval of the Fire Marshal.
f. Provide bicycle racks near all primary entrances to the building
subject to the approval of the City Planner.
6. The Developer shall provide additional lighting in the rear parking lot,
subject to the approval of the City Planner and in accordance with the City's
Zoning Code, in order to increase safety and security.
7. The Developer shall construct a six foot wide concrete sidewalk, with a
minimum six foot wide boulevard, along the frontage of the Property
abutting Lexington Avenue no later than September 1, 2012.
8. The Developer shall provide a financial surety for the construction of the
landscape improvements, the removal of the center access point and the
construction of the sidewalk/boulevard improvements "Developer's
Secured Improvement
9. The Developer shall locate Fire Hydrants within 150 feet of all Fire
Department Connections (FDC).
10. The Developer shall require its tenant, Northwestern College, to comply
with the following conditions and tenants failure to comply shall be
considered a default by Developer under the terms of these conditions:
a. Northwestern College shall continue to provide adequate shuttle
service during the regular school year in order to minimize
vehicular traffic between the Northwestern College campus and
the Property. The City may require a review of the shuttle
schedule in the event that vehicular traffic into and out of the
Property is causing a significant traffic concern. Northwestern
College and the City shall mutually resolve such traffic concerns,
including the addition of shuttle trips if necessary.
b. All parking demand shall be accommodated on -site.
c. The building occupancy of the existing building shall not exceed the
occupancy limit as determined by the Building Official and Fire
Marshal or 350 students, whichever is less.
d. The on -site food service facilities within the existing building shall
be limited to use by students, staff, and guests of Northwestern
College.
e. Northwestern College shall require parking permits for the users on
the site and not allow commuter parking. Northwestern College shall
be responsible for monitoring parking on the site.
B. Improvement Security. The Developer shall deposit a financial surety with the
City Administrator in the amount equal to 125% of the City Engineer's estimate of
the cost of constructing the Developers secured improvements. The financial
surety may be in the form of a cash escrow, a performance bond, or a letter of
credit. The form of a financial surety shall be approved by the City Attorney.
C. Reduction of Security. Upon completion of the Developers secured improvements
and acceptance by the City, the City Council shall reduce the amount of security
for the completed improvements provided that in no case shall the total remaining
security be equal to less than 125% of the estimated costs of the incomplete
improvements; and, further provide, that the financial surety for the landscaping
improvements shall be in effect for 2 years from the date on which all landscaping
improvements is completed.
D. Binding Effect. The terms and provisions of this agreement shall be binding upon
and inure to the benefit of the heirs, representatives, successors and assigns of the
parties hereto and shall be binding upon all future owners of all or any part of the
Property. This Agreement, at the option of the City, shall be placed of record so
as to give notice thereto to any subsequent purchasers and encumbrances of all or
any part of the Property and all recording fees, if any, shall be paid by the
Developer.
E. Default. The occurrence of any of the following shall be considered an "event of
default" in the terms and conditions contained in this Agreement:
1. Failure of the Developer to comply with any of the terms and conditions
contained in this Agreement.
2. The failure of the Developer to comply with any applicable ordinance or
statute with respect to the development of the Property.
F. Remedies. Upon the occurrence of any event of default, the City, in addition to
any other remedy which may be available to it, shall be permitted to do any of the
following:
1. City may make advances or take other steps to cure the default, and, where
necessary, enter the Property for that purpose. The Developer shall pay all
sums so advanced or expenses incurred by the City, upon demand, with
interest from the dates of such advances or expenses at the rate of 10% per
annum. No action taken by the City pursuant to this section shall be
deemed to relieve the Developer from curing any such default to the extent
that it is not cured by the City or from any other default hereunder. The
City shall not be obligated, by virtue of the existence or exercise of this
4
right, to perform any such act or cure any such default. The Developer
shall save, indemnify, and hold harmless, including reasonable attorney
fees, the City from any liability or other damages which may be incurred
as a result of the exercise of the City's rights pursuant to this section.
2. Obtain an Order from a Court of competent jurisdiction requiring the
Developer to specifically perform its obligations pursuant to the terms and
provisions of this Agreement.
3. Exercise any other remedies which may be available to it including an
action for damages.
4. Withhold the issuance of any or all building permits and/or prohibit the
occupancy of all building(s) for which permits have been issued.
5. In addition to the remedies and amounts payable as set forth herein, upon
the occurrence of an event of default, the Developer shall pay to the City
all fees and expenses, including reasonable attorney, engineering and
consulting fees, incurred by the City as a result of the event of default,
whether or not a lawsuit or other action is formally taken.
ATTEST:
IN WITNESS WHEREOF, the above -named parties have hereunto set their hands.
Patrick Klaers, City Administrator
STATE OF MINNESOTA
ss.
COUNTY OF
6
Notary Public
CITY OF ARDEN HILLS,
a Minnesota statutory city
Stanley D. Harpstead, Mayor
On this day of 2010, before me, a notary public within and for said
county, personally appeared Stanley D. Harpstead and Patrick Klaers, to me known to be
respectively the Mayor and City Administrator of the City of Arden Hills, and they executed the
foregoing instrument and acknowledged that they executed the same by authority of and on
behalf of City of Arden Hills.
STATE OF MINNESOTA
COUNTY OF
On this day of 2010, before me, a notary public within and
for said county, personally appeared the of 1201
County Road E, LLC and TAT Properties, LLC, and has executed the foregoing Agreement and
acknowledged the same.
Arden Hills\Agreements\AH -Cty Rd. E.v 10. doc
ss.
7
1201 COUNTY ROAD E, LLC
TAT PROPERTIES, LLC
Notary Public
City of Arden Hills
City Council Meeting for November 15, 2010
Attachment D
October 6, 2010, Report to the Planning
Commission
http ://www. ci. arden- hills.mn.us /planningcases