Loading...
HomeMy WebLinkAboutPL PACKET 07272015 Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. Call to Order. Pledge of Allegiance. Roll Call. Consideration, discussion, and possible action on all of the following items: I. Approval of the July 27, 2015 Planning Commission Meeting Agenda. (action requested) II. Approval of the June 22, 2015 Regular Planning Commission Meeting Minutes. (pp.1-4) III. Public Hearing. A. Consider a request for a conditional use permit amendment to expand the existing daycare facility to 5,000 square feet at the property located at 3055 Old Highway 8. (pp.5-31) IV. Staff Reports. V. Other Business. VI. Community Forum. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. VII. Information and Announcements. VIII. Adjournment. CITY OF SAINT ANTHONY VILLAGE PLANNING COMMISSION MEETING AGENDA JULY 27, 2015 COUNCIL CHAMBERS 7:00 PM CITY OF ST. ANTHONY 1 PLANNING COMMISSION MEETING 2 3 JUNE 22, 2015 4 7:00 p.m. 5 6 CALL TO ORDER. 7 8 Chairperson Crone called the meeting to order at 7:00 p.m. 9 10 PLEDGE OF ALLEGIANCE. 11 12 Chairperson Crone invited the Commission and the audience to join her in the Pledge of Allegiance. 13 14 ROLL CALL. 15 16 Commissioners Present: Chairperson Crone, Commissioners Bartel, Foster, Gondorchin, 17 Heinis, and Papatola. 18 Absent: Commissioner Poucher. 19 Also Present: City Planner Breanne Rothstein. 20 21 I. APPROVAL OF THE JUNE 22, 2015, PLANNING COMMISSION MEETING 22 AGENDA. 23 24 Motion by Commissioner Foster, seconded by Commissioner Bartel, to approve the June 22, 25 2015, Planning Commission agenda. 26 Motion carried 6-0. 27 28 II. APPROVAL OF THE MAY 18, 2015, REGULAR PLANNING COMMISSION 29 MEETING MINUTES. 30 31 Motion by Commissioner Heinis, seconded by Commissioner Papatola, to approve the May 32 18, 2015, Regular Planning Commission Meeting Minutes. 33 Motion carried 6-0. 34 35 III. PUBLIC HEARING. 36 37 A. Consider a request for a variance from the required side and rear yard setback 38 for pool mechanical equipment and a variance to exceed the permitted lot 39 coverage to construct a pool and patio in the rear yard of the property located at 40 2926 Armour Terrace. 41 42 City Planner Rothstein explained that the lot currently exceeds the City’s impervious surface 43 limitation of 35% on lots greater than 9,000 square feet and the applicant’s plan as 44 resubmitted proposes to increase the lot coverage by 488 square feet for a total of 50% of the 45 lot area. She advised that a letter has been submitted on behalf of the applicants and entered 46 into the official record. She reviewed the variance criteria and stated the subject matter of the 47 application is within the scope of the Code. She stated the applicant has not met the criteria 48 that the property owner proposes to use the property in a reasonable manner because an 49 1 increase in impervious surface is not reasonable and the increase can create additional 1 drainage and flooding problems. She stated the applicant has not met the criteria that the 2 plight of the property owner is due to circumstances unique to the property. She stated the 3 variance, if granted, will not alter the essential character of the locality. She stated that 4 economic considerations are not the sole basis of the practical difficulties. She stated that 5 staff does not believe the applicant has met the criteria indicating that the variance, if granted, 6 is consistent with the Comprehensive Plan because one of the main tenets of the 7 Comprehensive Plan is that storm water management is a focus of all development 8 applications and that flooding is an issue in St. Anthony. She stated the applicant has not met 9 the criteria that the granting of the variance is in harmony with the intent of the Ordinance and 10 staff recommends the variance request to exceed the permitted lot coverage be denied. 11 12 Commissioner Foster asked how much of a reduction was required to comply with City Code. 13 14 City Planner Rothstein advised that the property is a legal non-conforming use and exceeds 15 the City’s impervious surface limitations at 45% lot coverage, so 488 square feet would have 16 to be removed from the plan so that no variance was needed. 17 18 Chairperson Crone opened the public hearing at 7:00 p.m. 19 20 Mr. Jeff Carlson, 2926 Armour Terrace, stated they changed their plans and reduced the 21 proposed lot coverage from 63% to 50%, which is a 5% increase in lot coverage so that they 22 can extend the concrete along the house so that water is not running into the foundation. 23 24 Mr. Don Jensen approached the Planning Commission and stated he is a neighbor and has 25 submitted a letter in support of the Carlson’s application. He was concerned about the finding 26 that a 5% increase would be out of harmony and would increase the probability of flooding. 27 He stated this was one of the first neighborhoods to receive substantial improvements to the 28 storm water system and did not agree there might be flooding caused by the additional 488 29 square feet. He felt it was important to consider whether to deny both variances and felt it 30 was appropriate to have a variance for the pool equipment. He stated the applicant has 31 provided a rain garden and is offering 260 square feet for this rain garden but staff has not 32 indicated this amount of coverage can be subtracted from the total and he felt the City s hould 33 find ways to offset lot coverage. He stated there are a lot of properties in the City that are not 34 in conformance with the 35% limitation through no fault of their own and it was important to 35 find ways to allow residents to provide offsets to be able to have appropriate amounts of hard 36 surface created in a usable fashion and an offset for the rain garden was a fair way to allow an 37 increase in hard surface. 38 39 Ms. Maureen Watson, 2921 Silver Lake Road, stated there are flooding issues in their 40 neighborhood because they live at the bottom of the hill and they are concerned about the 41 request for more lot coverage because when it rains, their property is soggy for a long time 42 and they had to install drain tiles. She stated they do not want to be bad neighbors and want to 43 allow them to have their pool but they are uneasy about the request. 44 45 Chairperson Crone closed the public hearing at 7:20 p.m. 46 2 1 Commissioner Heinis stated he liked the idea of rain gardens but the City does not currently 2 have any mechanisms in place to assess their value to retain water. 3 4 City Planner Rothstein stated the current Code contains no provision for allowing an increase 5 in impervious surface through the use of rain gardens. She stated that rain gardens may be a 6 mitigating factor in some of the criteria but there is no provision for giving credit for a rain 7 garden or for increasing impervious surface with the addition of rain gardens. 8 9 Commissioner Bartel stated one of the reasons the applicant is putting concrete along the 10 house is to prevent flooding and if the applicant has concerns with runoff then there is also a 11 concern about the trickledown effect if the lot coverage is increased. 12 13 Chairperson Crone stated the revised request is for 50% lot coverage or 5% more than the 14 current lot coverage and questioned how to justify not allowing the applicant to use their 15 property over a 5% number and would like more detail about other properties, adding there is 16 a pool next door that has a large concrete area. 17 18 Commissioner Papatola stated the Ordinance is clear regarding lot coverage and he did not 19 want to set a precedent. He asked if the applicants would need a variance for the pool 20 equipment if they stayed within the 45% requirement. 21 22 City Pl anner Rothstein stated the applicants have submitted a conforming plan and a building 23 permit has been issued for this plan. She stated the sole purpose for increasing the lot 24 coverage is to allow the applicants to maximize the way that water drains away from the 25 property and provide directional drainage away from the basement. 26 27 Motion by Commissioner Gondorchin, seconded by Commissioner Bartel, to recommend that 28 the City Council deny the request for a variance from the required side and rear yard setback 29 for pool mechanical equipment and a variance to exceed the permitted lot coverage to 30 construct a pool and patio in the rear yard of the property located at 2926 Armour Terrace. 31 32 Motion carried 6-0. 33 34 B. Consider request for a conditional use permit to allow for an establishment 35 primarily for the sale of alcohol for consumption on the premises located at 3701 36 Stinson Boulevard and to allow a restaurant within 250 feet of a residential area. 37 38 City Planner Rothstein presented the request for a Conditional Use Permit for the purpose of 39 opening a restaurant and bar at the former I-Hop site. She stated the applicant is also 40 requesting a liquor license and Code text amendment to allow four on-sale liquor licenses in 41 the City. She stated the property was issued a CUP in 2010 to allow the I-Hop restaurant to 42 be within 250’ of a residential area and that CUP still stands, however, due to the 43 intensification of use, a CUP amendment is requested. She reviewed the CUP criteria and 44 stated the proposed use is one of the conditional uses listed for this zoning district, the use will 45 not be detrimental to the health, safety or welfare of persons residing in the area, and the use 46 3 will provide a service or facility which is in the interest of public convenience. She stated that 1 the application for a restaurant is consistent with the Comprehensive Plan and staff 2 recommends approval of the CUP subject to the conditions listed in the resolution. 3 4 Mr. Chris Christopherson stated he attended the June 9th City Council meeting and a resident 5 spoke on his behalf at that meeting about his restaurant, Sporty’s, located in the Como 6 neighborhood in the middle of a residential area. He stated in the three years that Sporty’s has 7 been in business, they have been a good neighbor and they want to be a good neighbor in St. 8 Anthony. He distributed information to the Planning Commission about the menu that 9 includes burgers, fries, sandwiches, salads, and soups and the restaurant focuses on craft beer 10 and high end cocktails. He stated the restaurant is primarily for consumption of food and the 11 kitchen will be open all hours of operation from 11:00 a.m.-1:00 a.m. 12 13 Chairperson Crone opened the public hearing at 7:40 p.m. No speakers were present. 14 Chairperson Crone closed the public hearing at 7:40 p.m. 15 16 Commissioner Papatola asked if this business would operate along the same lines as other 17 restaurants in the City that serve food and alcohol. 18 19 City Planner Rothstein replied in the affirmative and stated there are City Code provisions 20 related to hours of operation and percentage of food and liquor sales. 21 22 Motion by Commissioner Gondorchin, seconded by Commissioner Bartel, to recommend that 23 the City Council approve the Conditional Use Permit to allow for an establishment primarily 24 for the sale of alcohol for consumption on the premises located at 3701 Stinson Boulevard and 25 to allow a restaurant within 250 feet of a residential area. 26 Motion carried 6-0. 27 28 IV. STAFF REPORTS – NONE. 29 30 V. OTHER BUSINESS. 31 32 Chairperson Crone stated that Commissioner Foster would attend the July 14th City Council 33 meeting. 34 35 VI. COMMUNITY FORUM – NONE. 36 37 VII. INFORMATION AND ANNOUNCEMENTS – NONE. 38 39 VIII. ADJOURNMENT. 40 41 Chairperson Crone adjourned the meeting at 7:48 p.m. 42 43 Respectfully submitted, 44 Barbara Hughes (TimeSaver Off Site Secretarial, Inc.) 45 4 MEMORANDUM To: St. Anthony Village Planning Commission From: Breanne Rothstein, AICP, City Planner Date: July 21, 2015 Planning Commission Regular Meeting for July 27, 2015 WSB Project No. 02170-190 Request: Request for a Conditional Use Permit (CUP) amendment to increase the square footage of daycare facilities located on the property at 3055 Old Highway 8 RECOMMENDATION The Applicant’s request is for a Conditional Use Permit (CUP) amendment to allow for an increase in square footage of daycare facilities located at 3055 Old Highway 8. Staff recommends approval of the Applicant’s request as outlined in Exhibit C. GENERAL INFORMATION Applicant: St. Anthony Business Center Owners: Abu Huraira Islamic Center Location: 3055 Old Highway 8 Existing Land Use / LI-Light Industrial Zoning: Surrounding Land North: Residential / Zoned R-4 Multiple-Family Use / Zoning: East: Residential / Zoned R-1 Single Family South: Industrial / Zoned LI Light Industrial West: City of Roseville (High Density Residential) Deadline for Agency Application Date: 06-22-15 Action: 60 Days: 08-21-15 Letter Sent: N/A 120 Days: N/A CONSIDERATIONS RELATING TO THE REQUEST 1. Background The applicant wishes to take on a new tenant in the building. The tenant would be Minnesota Education and Childcare Academy. It would be an after-school and summer childcare center. The 5 center would serve children ages five (5) to fifteen (15), with the majority being age seven (7) to ten (10). The hours would be after school, weekends and limited summer hours. It would be a “drop-in” type daycare, where parents can bring children on an as-needed basis. The center would be staffed with a director, aides and tutors. Activities for the children would include: tutoring, resting, eating, watching videos and listening to audio. The center would include a cafeteria and nine (9) childcare rooms, totaling 5,260 square feet. The location within the building would be on the main floor, one floor above the assembly use area. Drop-off and pick-up zones would be the same as the existing daycare. Daycare staff will park in the lower lot and seven (7) parking spots would be designated for daycare parents. This application is for an amendment to a previous conditional use permit, which was adopted May 26, 2009. The previous CUP was granted to allow the daycare that previously operated in the building. An amendment is required because the current daycare is 2,370 square feet, and the proposed expansion of the daycare would increase it to 5,260 square feet. 2. Applicable Codes Relating to Conditional Uses. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.122 PERMITTED CONDITIONAL USES (WITHIN THE LI DISTRICT) (H) states that “Day-care center without drive-through facilities” are permitted in the LI District only by conditional use permit issued by the City Council. 3. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.243 CONDITIONAL USE PERMITS (C) Application states that a conditional use permit may be granted only by a majority vote of all members of the City Council after determining that: 1. The use is one of the conditional uses specifically listed for the district in which the property is located; The property at 3055 Old Highway 8 is zoned LI- Light Industrial, which allows “day-care center without drive-through facilities” as a permitted conditional use. Criterion met. 2. The City Council has specified all conditions which the City Council deems necessary to make the use compatible with other uses in the area: Conditions have been described in this report and are included in the draft resolution for consideration. Conditions include: 1. Traffic Control. Off-street loading areas shall be provided on site and designated for the forward travel of vehicles both on entering and leaving the premises. This access should be easily navigated in and out, but allow for the safe drop-off or pick-up of children. This pick-up and drop-off area shall be close to the building. Walkways should be available to provide safe movement between the facility and the loading and/or parking areas. 2. Parking. Required parking shall include one space for each employee on the largest shift, per the submitted site plan. 3. Signs. Signs are permitted as allowed in Title XV, Section 155.29 (C) of the City’s Code. 4. Play Area. This facility is not licensed through the state, therefore, no outdoor play area is required. This is designated as a short term, pick up and drop off for school aged children. 5. Compliance with state and federal laws and regulations. All daycare facilities must comply with state and federal regulations pertaining to the daycare facility and program. 6. Hours of Operation. Intensification of the use beyond the hours discussed in the request would require an amendment to the Conditional Use Permit. 6 7. Expansion of Footprint. Intensification of the use beyond the submitted floor plan would require an amendment to the Conditional Use Permit. 3. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; and The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity. It will be welcomed by employees who live in the community and/or work in the building or surrounding area. Criterion met. 4. The use will provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare. Having a drop-in daycare in the area will be a convenience for many adults in the community. The daycare will offer a safe, nurturing, educational environment for the children of families that live and/or work in the area. Criterion met. POSSIBLE ACTIONS 1. Recommend Approval of the Conditional Use Permit Amendment. The Planning Commission may refer to Exhibit C and may modify the draft resolution for approval to include any conditions that it deems necessary. 2. Recommend Denial of the Conditional Use Permit Amendment. If the Planning Commission recommends denial, it should state the reasons for inclusion in a revised resolution. 3. Recommend Tabling the Application for more information. ATTACHMENTS Exhibit A: Location map Exhibit B: Application and Supporting Material Exhibit C: Draft Resolution of Approval 7 THIS PAGE LEFT INTENTIONALLY BLANK 8 EXHIBIT A THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 6, TOWNSHIP 29, RANGE 23 DESCRIBED AS BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER DISTANT 863.9 FEET SOUTH FROM THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 282.66 FEET; THENCE SOUTHWESTERLY 864.38 FEET, MORE OR LESS TO A POINT ON THE SOUTH LINE OF THE NORTH 350 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER DISTANT 615.35 FEET WEST FROM THE SOUTHEAST CORNER OF THE NORTH 350 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE EAST ALONG SAID SOUTH LINE 95.58 FEET; THENCE NORTHEASTERLY TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER DISTANT 143.1 FEET SOUTH FROM THE POINT OF BEGINNING; THENCE NORTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING; EXCEPT THAT PART LYING NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER DISTANT 863.9 FEET SOUTH FROM THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE WEST, PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 282.66 FEET; THENCE SOUTHWESTERLY, ALONG A LINE THAT INTERSECTS A POINT ON THE SOUTH LINE OF THE NORTH 350 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER DISTANT 615.35 FEET WEST FROM THE SOUTHEAST CORNER OF THE NORTH 350 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 188.86 FEET AND TO THE ACTUAL POINT OF BEGINNING OF THE LINE TO BE DESCRIBED; THENCE SOUTH 52 DEGREES 33 MINUTES 36 SECONDS EAST, A DISTANCE OF 260.03 FEET TO THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED PROPERTY, AND SAID LINE THERE TERMINATING. 9 THIS PAGE LEFT INTENTIONALLY BLANK 10 3055 Old Hwy 8 test Legend July 21, 2015 Map by: WSB & Associates 1 in = 200 ft ± 11 THIS PAGE LEFT INTENTIONALLY BLANK 12 13 14 15 THIS PAGE LEFT INTENTIONALLY BLANK 16 17 THIS PAGE LEFT INTENTIONALLY BLANK 18 19 THIS PAGE LEFT INTENTIONALLY BLANK 20 21 22 23 24 25 THIS PAGE LEFT INTENTIONALLY BLANK 26 27 THIS PAGE LEFT INTENTIONALLY BLANK 28 CITY OF ST. ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. __________ RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) AMENDMENT TO INCREASE THE SQUARE FOOTAGE OF DAYCARE FACILITIES LOCATED ON THE PROPERTY AT 3055 OLD HIGHWAY 8 WHEREAS, the City of St. Anthony Village received a request from the Applicant, St. Anthony Business Center, for an amendment to the existing conditional use permit to allow for the expansion of daycare facilities located at 3055 Old Highway 8 on June 22, 2015, legally described as outlined in Exhibit A; and WHEREAS, the property located at 3055 Old Highway 8 is located within the City’s LI Zoning District; and WHEREAS, St. Anthony Business Center has submitted an application for an amendment to their existing Conditional Use Permit under City Code Section §152.243 (C) to allow for an expansion of the present childcare facilities located in an industrial zoned district; and WHEREAS, on July 27, 2015, the Planning Commission conducted a public hearing on the proposed CUP amendment; and WHEREAS, all required public hearing notices regarding the public hearing were posted and sent as required by State Statute; and WHEREAS, the Planning Commission has recommended approval of the proposed CUP amendment to the City Council upon the conclusion of the public hearing; and WHEREAS, the City Council received the Planning Commission’s recommendation, additional written and verbal testimony from the applicant and other interested persons, and upon consideration of the application and supporting materials, Staff’s report and all other information constituting the record of this application; and WHEREAS, the City Council upon further deliberation, voted to recommend the requested Conditional Use Permit amendment and directed the preparation of the Findings of Fact and this resolution as a contemporaneous record of the Council’s decision; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village approves the Applicant’s Conditional Use Permit amendment request based on the following findings: 1. Section §152.122 (H) states that daycare centers without drive-through facilities are an allowed use in the Light Industrial District under a Conditional Use permit. 2. The issuance of a Conditional Use Permit under Section §152.243 (C) of the City’s Zoning Code requires the consideration of the following items: 29 a. The use is one of the conditional uses specifically listed for the district in which the property is located. Criterion met. b. The Council has specified all conditions, which the Council deems necessary to make the use compatible with other uses in the area. Criterion met. (Conditions are listed below). c. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity. Criterion met. d. The use will provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare. Criterion met. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council’s approval of the requested Conditional Use Permit is contingent on the following: 1. Traffic Control. Off-street loading areas shall be provided on site and designated for the forward travel of vehicles both on entering and leaving the premises. This access should be easily navigated in and out, but allow for the safe drop-off or pick-up of children. This pick-up and drop-off area shall be close to the building. Walkways should be available to provide safe movement between the facility and the loading and/or parking areas. 2. Parking. Required parking shall include one space for each employee on the largest shift, per the submitted site plan. 3. Signs. Signs are permitted as allowed in Title XV, Section 155.29 (C) of the City’s Code. 4. Compliance with state and federal laws and regulations. All daycare facilities must comply with state and federal regulations pertaining to the daycare facility and program. 5. Hours of Operation. Intensification of the use beyond the hours discussed in the request would require an amendment to the Conditional Use Permit. 6. Expansion of Footprint. Intensification of the use beyond the submitted floor plan would require an amendment to the Conditional Use Permit. APPROVED in the regular session of the City Council on ________________, 2015. ____________________________________ Jerome O. Faust, Mayor Attested: __________________________________ Nicole Miller, City Clerk 30 NOTICE OF A PUBLIC HEARING Notice is hereby given that on July 27, 2015, 7:00 p.m. at City Hall, 3301 Silver Lake Road; the Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to a request for a conditional use permit amendment to increase the square footage of daycare facilities at the property located at 3055 Old Highway 8. The Planning Commission will make a recommendation regarding the proposed request to the City Council for their meeting to be held on August 11, 2015, 7:00 p.m. at City Hall. Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the hearing. Questions may be directed to the City Planner at 763-231-4863. The Planning Commission agenda and packet item relating to this application will be made available prior to the meeting online at www.saint-anthony.mn.us . Breanne Rothstein, AICP City Planner 31