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HomeMy WebLinkAboutPL PACKET 12162008 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104970 Box: 33 Folder: PL PACKETS 2005-2011 Document: PL PACKET 12162008 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA TUESDAY, DECEMBER 16, 2008 REGULAR PLANNING COMMISSION MEETING 7:00 P.M. COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. PLEDGE OF ALLEGIANCE. IV. APPROVAL OF MEETING AGENDA. V. APPROVAL OF MEETING MINUTES OF NOVEMBER 18, 2008 VI. COMMUNICATION WITH CITY COUNCIL. VII. PUBLIC HEARINGS. NONE VIII. CONCEPT REVIEWS. VIIIA. 3055 Old US Hwy. 8 Lot Split IX. OTHER BUSINESS. IX. 1. Elect Chair IX. 2. Elect Vice-Chair X. REPORTS FROM STAFF. XI. COMMUNITY FORUM. Individuals may address the Planning Commission about any item not includedon 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 The Planning Commission may refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. XII. INFORMATION AND ANNOUNCEMENTS. XIII.ADJOURNMENT. F:\Planning\PC Agendas\2008\122008 pc agendadoc I CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 NOVEMBER 18, 2008 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 11 Chair Stromgren called the meeting to order at 7:00 p.m. 12 13 II. PLEDGE OF ALLEGIANCE. 14 15 Chair Stromgren invited the Commission and the audience to join him in the Pledge of Allegiance. 16 17 III. ROLL CALL. 18 19 Commissioners Present: Chairperson Stromgren; Commissioners Jensen, Goodwin,Heinis, 20 Jenson, Crone, and Chaput. 21 Absent: None. 22 Also Present: Assistant City Manager Kim Moore-Sykes. 23 24 IV. APPROVAL OF MEETING AGENDA. 25 26 Motion by Commissioner Jensen, second by Commissioner Heinis, to approve the Planning 27 Commission Meeting Agenda of November 18, 2008. 28 29 Commissioner Goodwin requested clarification that the Comprehensive Land Use Plan is 30 included on the agenda for discussion, and will not include a recommendation to the City 31 Council. Assistant City Manager Moore-Sykes responded in the affirmative. She indicated the 32 Commission will receive a presentation on what will be presented at the next City Council 33 meeting. 34 35 Motion carried unanimously. 36 37 V. APPROVAL OF MEETING MINUTES 38 39 V.I. OCTOBER 21, 2008 40 41 Commissioner Chaput requested the following correction to the minutes: 42 Page 2, line 37: "...one question would be whether the Comprehensive Land Usee 43 Plan..." 44 45 Motion by Commissioner Jenson, second by Commissioner Jensen, to approve the October 21, 46 2008 Meeting Minutes as amended. 47 48 Motion carried unanimously. 49 Planning Commission Regular Meeting Minutes November 18, 2008 Page 2 1 2 VI. COMMUNICATION WITH CITY COUNCIL 3 4 Commissioner Heinis will attend the November 25, 2008 City Council meeting to report on the 5 3523 Harding Street NE public hearing. 6 7 VII. PUBLIC HEARINGS 8 9 VII.1. 3523 HARDING STREET NE 10 11 Chair Stromgren opened the public hearing at 7:05 p.m. 12 13 Assistant City Manager Moore-Sykes presented the staff report for the requested administrative 14 lot combination at 3523 Harding Street NE. She stated in reviewing the applicant's demolition 15 and building permits, staff discovered that 3523 Harding Street is really two lots, one lot is 16 15'x130', Lot 3, Block 5, Gardena Acres and adjacent to another lot which is 60'x130', and also 17 described by Hennepin County as Lot 3, Block 5 Gardena Acres. Both of these lots individually 18 are not conforming with regard to square footage. Combined these lots would be 9,750 square 19 feet, meeting the City's Ordinance requirement of an interior lot being at minimum 9,000 square 20 feet. A residential structure has existed on this site and possibly across both lots since 1957. 21 Because both lots have the same legal description, staff believes that at one time there was intent 22 to combine these lots. Assistant City Manager Moore-Sykes stated due to the recent demolition 23 of the residential structure at 3523 Harding,there was a significant reduction in market value of 24 the property. Staff advised the contractor and Mr. Patrick O'Keefe,the owner, of the resultant 25 non-conforming lots and that because of significant changes to the property, the City's Zoning 26 Code requires these two lots nee to be combine to alleviate this non-conforming situation. Staff 27 further advised Mr. O'Keefe that the City would combine these two lots administratively 28 provided as the owner, Mr. O'Keefe is agreeable to the combination; that the combination of 29 these lots is permanent; and that this newly combined parcel will be treated as one parcel for 30 purposes of all applicable ordinances of the City and that the property line between the parcels be 31 disregarded for purposes of the City's setback,building and zoning ordinances. 32 33 Assistant City Manager Moore-Sykes stated Mr. O'Keefe agreed to the Administrative Lot j 34 Combination. The City Attorney has reviewed the application and has provided a Declaration of 35 Lot Combination for Mr. O'Keefe's signature. Staff recommends that the Planning Commission 36 recommend to the City Council approval of the requested Administrative Lot Combination for 37 3523 Harding Street NE. Staff has received several phone calls questioning the situation and its 38 impact on their property. No one has voiced an objection to the project. 39 40 Chair Stromgren stated the applicant is unable to attend the Planning Commission meeting 41 tonight. 42 43 Commissioner Jensen questioned if the lot combination will be tied to the building permit or 44 Certificate of Occupancy. Assistant City Manager Moore-Sykes replied the Certificate of 45 Occupancy will likely be held until the recording has been completed with the County. 46 J Planning Commission Regular Meeting Minutes November 18, 2008 Page 3 1 Commissioner Jensen stated he would presume that the City would work with the applicant if 2 they have been proceeding with the process in good faith. He noted there could be a time issue 3 since the County has not yet weighed in. Assistant City Manager Moore-Sykes stated Mr. 4 O'Keefe has said he will be in to sign the document tomorrow and will then begin surveying the 5 plat. 6 7 Chair Stromgren closed the public hearing at 7:10 p.m. 8 9 Motion by Commissioner Jensen, seconded by Commissioner Heinis, to recommend that the 10 City Council approve the requested Administrative Lot Combination for 3523 Harding Street 11 NE. 12 13 Motion carried unanimously. 14 15 VIII. CONCEPT REVIEWS 16 17 None. 18 19 IX. OTHER BUSINESS. 20 21 IX.1 COMPREHENSIVE LAND USE PLAN 22 23 Mr. Bill Weber, City Planning Consultant,provided a presentation on the Draft City of St. 24 Anthony Comprehensive Plan Update dated October 2008. 25 26 Commissioner Jenson questioned what has changed since the last presentation the Commission 27 received on the Comprehensive Land Use Plan. Mr. Weber stated a plan was submitted to the 28 Metropolitan Council for review last winter. However, the City Council requested that a revised 29 population forecast be submitted to the Metropolitan Council on the regional forecast, and that 30 the Comprehensive Plan be recast entirely with that revised regional forecast. Mr. Weber 31 explained that the Metropolitan Council did not want the Comprehensive Plan resubmitted until 32 the Water Supply Plan was also approved. This has been done and staff is now able to submit the 33 Comprehensive Plan to the Metropolitan Council for approval. The Comprehensive Plan will be 34 presented to the City Council at the next Council meeting and will then be submitted to the 35 Metropolitan Council. The Metropolitan Council has a couple months to review the document, 36 and it can then be formally be adopted by the City Council. 37 38 Commissioner Goodwin inquired about the date of the last public hearing on the Comprehensive 39 Plan. Assistant City Manager Moore-Sykes replied it was approximately 12 months ago. 40 41 Commissioner Goodwin questioned if there is any merit in holding another a public hearing 42 before the Comprehensive Plan is approved by the City Council based on further development of 43 the Plan. Commissioner Jenson noted in addition to the public hearing, an open house was held 44 at City Hall. Assistant City Manager Moore-Sykes stated the Metropolitan Council has indicated 45 that another public hearing is not necessary unless substantive changes have occurred in the 46 Comprehensive Plan. I Planning Commission Regular Meeting Minutes November 18, 2008 Page 4 1 2 Commissioner Jensen suggested consideration of expanding the area designated as "Housing or 3 Industry" He noted the last Planning Commission meeting included discussion on a rezoning 4 request adjacent to this area, and that it is likely there will be interest in this area within the 5 timeframe of this document. 6 7 Chair Stromgren stated he would agree with expanding the "Housing or Industry" area; however, 8 he would not support designating the subject area as residential. He noted a hot button issue has 9 been what the Comprehensive Plan means for Lowry Grove or other parcels. He clarified the 10 Comprehensive Plan does not drive anything until the owner if that land decides to make a 11 change. It only protects the City's interest in terms of land use and does not come into play until 12 something is developed by current or future owners. 13 14 Commissioner Goodwin expressed concern that the library is not referenced in the St. Anthony 15 Shopping Center portion of the Comprehensive Plan and stated she would like it to be included. 16 She asked if staff has heard comments about changing the location of the library. Assistant City 17 Manager Moore-Sykes replied she has not heard discussion recently. There was discussion 18 several years back about moving the library or closing the branch,but it was moved to the 19 current location from another spot in the shopping center and everyone seems to be happy. Chair 20 Stromgren noted that the County has invested quite a bit of money in the current location of the 21 library. 22 23 Consensus of the Commission was supportive of the following changes to the Comprehensive 24 Land Use Plan: 25 ■ Addition of the library to the St. Anthony Shopping Sho in Center area 26 ■ Expansion of the industrial or residential area located in the"Housing or Industry" 27 designated area 28 29 X. REPORTS FROM STAFF 30 31 IX.1 SILVER LAKE ROAD OPENING 32 33 Assistant City Manager Moore-Sykes announced Silver Lake Road is open. The ribbon cutting 34 was held on Friday afternoon November 14`x' followed by cake,coffee and cookies at City Hall 35 which was well attended. 36 37 IX.2 RECODIFICATION OF CITY CODE 38 39 Assistant City Manager Moore-Sykes reported staff will be putting together a summary of 40 comments on the Recodification of City Code and submitting it to American Legal Publishing. 41 42 Assistant City Manager Moore-Sykes reported the Single Hauler Task Force just completed its 43 four meeting cycle. The recommendation of the Task Force will be presented to the City Council 44 at the December 8, 2008 City Council meeting. t 45 I Planning Commission Regular Meeting Minutes November 18, 2008 Page 5 1 XI. COMMUNITY FORUM. 2 3 None. 4 5 XII. INFORMATION AND ANNOUNCEMENTS. 6 7 Assistant City Manager Moore-Sykes stated letters of interest for Commissioners with expiring 8 terms are due to the City Manager on November 21, 2008. 9 10 XIII. ADJOURNMENT. 11 12 Motion by Commissioner Goodwin, second by Commissioner Jenson, to adjourn the meeting at 13 7:40 p.m. 14 15 Motion carried unanimously. 16 17 Respectfully submitted, 18 Carol Hamer 19 TimeSaver Off Site Secretarial, Inc. I it i i i STAFF REPORT To: Planning Commission Report No.: VIII.1. From: Kim Moore-Sykes,Assistant City Manager Date: December 16,2008 Subject: 3055 Old US Highway 8 Lot Split --Concept Review Requested Action: Lot Split Date Application Received: Concept Review,no application received Property Address: 3055 Old US Highway 8 Zoning District: LI 60-Day Expires: N/A Waiver Letter Required: Yes Date Sent: No X Future Action: Public Hearing for Lot Split Proposal Background: Mr. Dan Lutz,General Counsel for The Wirth Companies met with Staff regarding a proposal to split their property located at 3055 Old Highway 8. This property is zoned as Industrial and is approximately 237,000 SF. The City Ordinance requires that a lot in the Industrial Zoned District must be at least 15,000 SF so if the lot is split approximately in half as proposed by Mr. Lutz, the resulting lots would meet the requirements of the Ordinance. Also enclosed is the latest information from Hennepin County regarding this site. It appears that a second, much smaller lot that is shown on the original survey map is no longer part of this property. I believe it was sold off and became a townhome development that now exits to the north of the parking lot. Assuming that the current site meets the front and back yard setbacks, the property owner would have to insure that the side yard setbacks at the newly formed lot line,which is proposed to be north of the building,would conform to the 15 foot side yard setbacks as required by the City's Ordinance. During the course of the meeting,when asked about future parking needs, Mr. Lutz indicated that their intent is to build underground parking for the proposed building on the parking lot portion of the property and under the existing building. Staff provided Mr. Lutz with additional information regarding the Parking Ordinance. Action: Concept Review Attachments: • Letter from Applicant • Site Map • Aerial Photo of Property 3055 Old hywy 8 Lot Split 12162008Staff Report Format.doc THE WIRTH COMPANIES 615 Second Avenue South FAX(612)339-2538 Minneapolis,Minnesota 55402 (612)373-0400 Professional Real Estate Management &Development November 17, 2008 Kim Moore-Sykes Saint Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418-1699 Re: Lot Split—St. Anthony Business Center Dear Ms. Moore-Sykes, I am writing to you as a follow up to my telephone message that I left for you in which I am attempting to obtain a lots split of the St. Anthony Business Center located at 3055 Old Highway 8 in St. Anthony, Minnesota. I have reviewed with my client the necessary zoning requirements and have discussed with him his timing and I have come to realize that under the circumstances it may be more appropriate to pursue a subdivision without platting as allowed under the City of St. Anthony Code §1500.8 Subdivision without Platting. Currently the property has no debt on it and therefore it has a"window" of opportunity to seek to split the lot so as to potentially develop another building on the site. My client anticipates that new debt will be placed on this site very shortly and therefore it is critical that the lot split be done before the new financing is in place in order to free up the vacant lot for future financing and potential development. My client would propose that the lot split be allowed under the above referenced ordinance and be put on for a hearing with the City of St. Anthony's city council before the end of the year with the requirement that no new development be allowed on the newly created parcel without the filing of a plat. This way he can proceed to place the new debt on the property and still proceed with exploring a new development on the vacant parcel. I would be able to obtain a survey rather quickly showing the proposed lot split and the proposed legal descriptions. For zoning purposes, I think my client would be agreeable to put a restriction on the deed that requires the two lots to be viewed as one for zoning purposes and I believe this would satisfy any reservations the city would have regarding compliance issues. With no new development set in stone and with the necessity to get the financing on the existing parcel as soon as possible I believe this is the situation that falls within the scope of the above mentioned code. Please call me to discuss this option further at 612-373-0430. Sincerely, _.___� David A. Lutz General Counsel i Conditions Attached to Lot Split 1. Lot coverage Limitation/applicability of Zoning St. Anthony Business Center Corporation(SABC) and St. Anthony East, LLC (SAE)agree that the entire parcel legally described in paragraph 4 herein("Parcel") shall, for zoning purposes, be considered a single zoning lot, notwithstanding any new lot of record created by the administrative lot division. SABC and SAE agree the administrative lot division does not constitute a waiver of,nor does it supersede, any state statutes of local ordinances pertaining to zoning. SABC, SAE or any subsequent owner or lessee of any lot of record created by the administrative lot division shall, notwithstanding the preceding, have the right to construct, reconstruct or otherwise reconfigure new or existing improvements on the entire Parcel so long as such improvements taken together with the improvements existing on the entire Parcel will be in compliance with applicable provisions of the City of St. Anthony Legislative Code or so long as the necessary variances are obtained. 2. Building Code applicability. SABC and SAE agree that for purposes of Chapter 5 in the 1997 Uniform Building Code, the new property line created by the administrative lot division shall be ignored and the entire Parcel shall be treated as one (1) lot for purposes of applying the General Building Limitations. 3. Legal Effect. Each new parcel created by the administrative lot division is subject to this agreement which constitutes a restrictive covenant which shall run with the land and be binding upon SABC, SAE,their successors,heirs and assigns. 4. Legal Description of Parcel: Property Infonnation Search by Street Address Result page Page 1 of 2 Hennepin County, MN Www. US � Property Information Search Result The Hennepin County Property Tax web database is updated daily(Monday-Friday)at approximately 9:15 p.m. (CST) Search By: Parcel Data for Taxes Payable 2008 �� Click here for information on your PROPOSED 2009 PROPERTY TAX-Truth In Taxation statement •,#Print .I, i{ly;ylryLiaLLyF�f iLyy:;y1i1:.;�l:Lr.,�4 i®{ AOORlis Property ID: 06-029-23-41-0098 Address. 3055 OLD HWY 8 Municipality: ST.ANTHONY School Dist: 282 Construction year: 1960 Watershed: 6 Approx.Parcel Size:IRREGULAR Sewer Dist: HOUSE or BUILDING Owner Name: ST ANTHONY BUSINESS CTR CORP #: Taxpayer Name ST ANTHONY BUSINESS CTR CORP 3055 &Address: 615 2ND AVE S STREET NAME: MPLS MN 55402 (at least first 3 characters) Old Highway 8 Most Current Sales Information UNIT#(if applicable) Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms-length transactions. Sale Date: March, 1997 Search Clear Sale Price: $1,667,500 Transaction Type: 20 �records per page Tax Parcel Description Addition Name: UNPLATTED 06 029 23 Lot: Block: Metes&Bounds: THAT PART OF N 350 FT OF SE 1/4 OF SE 1/4 AND THAT PART OF NE 1/4 OF SE 1/4 LYING S OF N 863.9 FT THOF LYING SELY OF OLD US HWY NO 8 AND NWLY OF NEW Note:This is a Partial Metes&Bounds Description. To receive full tax parcel description,email request to taxdescription@co.hennepin.mn.us Abstract or Torrens: TORRENS Value and Tax Summary for Taxes Payable 2008 Values Established by Assessor as of January 2, 2007 Estimated Market Value: $2,500,000 Limited Market Value: $2,500,000 Taxable Market Value: $2,500,000 Total Improvement Amount: Total Net Tax: $83,362.58 Total Special Assessments: Solid Waste Fee: $396.00 Total Tax: $83,758.58 Property Information Detail for Taxes Payable 2008 Values Established by Assessor as of January 2, 2007 Values: Land Market $1,554,000 Building Market $946,000 Machinery Market Total Market: $2,500,000 Land Limited $1,554,000 Building Limited $946,000 Total Limited: $2,500,000 Qualifying Improvements Classifications: Property Type COMMERCIAL- PREFERRED Homestead Status NON-HOMESTEAD Relative Homestead Agricultural Exempt Status http://wwwl6.co.hennepin.mn.us/pins/addrresult.jsp 12/10/2008 Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. 1 3112 .3117 3508 3512 3108 " f 94 3113 1 3509 f 3104 3109 3100 310S ' 41,F�F 3101 3500 4: 3044 4 � mss 3040 f 3047 3043 ! 3036 3039 1 I , 3032 3035 3035 I _ 1 , ]028' 3031 D024 y4 1 7025 ; r 1I i ? { 3021 { if f 29m 3017 i' 3042 fkOkh 1 ,r Selected Parcel Data Date Printed: 12/10/2008 2:27:06 PM Parcel ID: 06-029-23-41-0098 Current Parcel Date: 12/3/2008 Owner Name: ST ANTHONY BUSINESS CTR CORP Parcel Address: 3055 OLD HWY 8,ST.ANTHONY, MN 55418 j Property Type: COMMERCIAL-PREF Sale Price: $1,667,500.00 Homestead: NON-HOMESTEAD Sale Date: 03/1997 Area(sgft): 188158 Sale Code: Area (acres): 4.32 1 A-T-B:TORRENS Market Total: $2,500,000.00 I�I ' Tax Total: $83,758.58 fl http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=0602923410098 12/10/2008 Hennepin County Oblique Aerials Page I of 1 Hennepin County Oblique Aerials Images courtesy of:Microsoft©Virtual EarthTM 2006 FU9M Digi AWN 24106 Show/HiAa Mari Control 'I c Ctb Dr S-8 R H ��r flra us-s E rsME v 94 cou* y Y � I i' http://gis.co.hennepin.mn.us/HCPropertyMap/Birdseye.aspx?PID=0602923410098 12/10/2008 Hennepin County Oblique Aerials Page 1 of 1 Hennepin County Oblique Aerials Images courtesy of:Microsoft©Virtual EarthTM 2008 Flight Date:April 2006 Show I Hide MW[antral i R H i a NE p � o T I � V http://gis.co.hennepin.mn.us/HCPropertyMapBirdseye.aspx?PID=0602923410098 12/10/2008 STAFF REPORT To: Planning Commission Report No.: IX.1. From: Kim Moore-Sykes,Assistant City Manager Date: December 16,2008 Subject: Election of Chair and Vice-Chair I Congratulations to Joel and Don on their reappointment to the Planning Commission! Welcome back and thank you for agreeing to give the Commission another three years of your time,experience and talents. Please make arrangements with Barb Suciu,the City Clerk,before the fust meeting of the year to get swom in for your new term. Also,at the end of the year,it has been the practice of the Planning Commission to nominate and elect a Chair and Vice- Chair for the new year. There are no term limits so the same person can be retumed to one of these positions as often as the Commission wants to re-elect them and as long as the Commissioner is willing to act in that capacity. Action: Election of Chair and Vice Chair I I i i I 3055 Old hywy 8 Lot Split 12162008Staff Report Format.doc i