HomeMy WebLinkAboutPL PACKET 02172009 Meeting Sheet
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Box: 33
Folder: PL PACKETS 2005-2011
Document: PL PACKET 02172009
CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING AGENDA
TUESDAYS FEBRUARY 17,. 2009
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 JANUARY 20j, 2009
VI. COMMUNICATION WITH CITY COUNCIL.
VII. PUBLIC HEARINGS.
VII. 1. Administrative Lot Split N 3055 Old US Highway 8
VIII. CONCEPT REVIEWS.
NONE
IX. OTHER BUSINESS.
X. REPORTS FROM STAFF.
X.1. GTS Land Use Seminar
X.2. Silver Lake Village
XI. COMMUNITY FORUM. individuals may address the Planning Commission 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 Cerk'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.
FAPlanning\PC Agendas\2009\02172009 pc agenda.doc
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1 CITY OF ST. ANTHONY
2
3 PLANNING COMMISSION MEETING
4
5 JANUARY 20, 2009
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 Heinis,Jenson, and Chaput.
20 Absent: Commissioners Jensen, Goodwin, and Crone.
21 Also Present: Assistant City Manager Kim Moore-Sykes.
22
23 IV. APPROVAL OF MEETING AGENDA.
24
25 Motion by Commissioner Heinis, second by Commissioner Jenson, to approve the Planning
26 Commission Meeting Agenda of January 20, 2009.
27
28 Motion carried unanimously.
29
30 V. APPROVAL OF MEETING MINUTES
31
32 V.1. DECEMBER 16, 2008
33
34 Motion by Commissioner Jenson, second by Commissioner Chaput, to approve the December
35 16, 2008 Meeting Minutes as presented.
36
37
38 Motion carried unanimously.
39 VI. COMMUNICATION WITH CITY COUNCIL
40
41 None.
42
43 VII. PUBLIC HEARINGS
44
45 VIL L ADMINISTRATIVE LOT SPLIT—3055 OLD US HIGHWAY 8
46
47 Chair Stromgren stated the applicant has requested to table this item to the February Planning
48 Commission meeting.
49
Planning Commission Regular Meeting Minutes
January 20, 2009
Page 2
1 Motion by Commissioner Chaput, second by Commissioner Heinis, to table the administrative
2 lot split at 3055 Old US Highway 8 to the February 16, 2009 Planning Commission Meeting.
3
4 Motion carried unanimously.
5
6 Mr. David Lutz, General Counsel for The Wirth Companies, stated The Wirth Companies is in a
7 window of opportunity with this request for an administrative lot split. Currently there is no
8 financing on this project. His client would like to proceed with the lot split so he can put
9 financing on the existing building and leave it open for future development. Mr. Lutz stated he
10 understands some issues have been raised. He and Assistant City Manager Moore-Sykes
11 discussed changing some of the ideas to address these issues, specifically moving the line on the
12 lot split so it is conforming in terms of setback issues. They also discussed conditioning the split
13 based upon putting an easement in place for parking and looking at making a full PUD
14 application at this time. He requested the Planning Commission's recommendation in terms of
15 what would need to be done to get the Commission recommendation for approval.
16
17 Chair Stromgren noted the following concerns regarding the lot split raised by the City Attorney:
18 ■ A non-conforming condition being created by the lot split
19 ■ City imposition of zoning restrictions by contract relating to the applicant's desire to put
20 conditions on both lots for subsequent development to meet zoning requirements
21
22 -Chair Stromgren stated it should be ensured that there is adequate parking for the existing
23 structure. He indicated he does not believe there are existing setback or lot size issues. Assistant
24 City Manager Moore-Sykes stated there were not violations found with the current lot. The
25 structure was built in the 1950's and any setbacks that might be deficient would be grandfathered
26 in. With the lot split and ultimate development of the lot those would have to be addressed.
27
28 Mr. Lutz stated once the lot split takes place there would not be sufficient parking on the existing
29 parcel but for the easement that would allow parking on Parcel B. He asked whether the
30 easement would satisfy the Planning Commission in terms of meeting the parking requirements.
31 Chair Stromgren stated a reading would be needed on this by the City Attorney. He believes the
32 existing building would need to contain its own parking at least to some degree. He stated there
33 should be information submitted with the application regarding the size of the building,uses and
34 typical parking.
35
36 Commissioner Chaput inquired about underground parking that was mentioned earlier. Mr. Lutz
37 replied underground parking would usually be cost prohibitive with something like this. His
38 client has discussed doing a townhouse or residential project. If the zoning were changed the
39 amount of parking would likely be substantially reduced.
40
41 Chair Stromgren noted the issue of the current light industrial zoning being grandfathered in. He
42 inquired about whether the zoning should be brought in line with the lot split. Assistant City
43 Manager Moore-Sykes Kim stated with the appropriate buffering and screening an R-4 zoned
44 property could likely butt up against a light industrial zoned property. A review of the code
45 would be needed to determine the requirements.
46
i
Planning Commission Regular Meeting Minutes
January 20, 2009
Page 3
1 Mr. Lutz commented that currently to the north of the parcel there are existing townhomes that
2 may have been a part of this parcel at one time and sold off. Assistant City Manager Moore-
3 Sykes stated that is correct. At one point the parcel to the north was sold off and became a part of
4 the R-4 development to the north.
5
6 Mr. Lutz stated his client has sought this lot split due to the window of opportunity. A PUD is
7 something his client would be willing to explore if it could get this accomplished.
8
9 VIII. CONCEPT REVIEWS
10
11 None.
12
13 IX. OTHER BUSINESS.
14
15 None.
16
17 X. REPORTS FROM STAFF
18
19 None.
20
21 XI. COMMUNITY FORUM.
22
23 None.
24
25 XII. INFORMATION AND ANNOUNCEMENTS.
26
27 None.
28
29 XIII. ADJOURNMENT.
30
31 Motion by Commissioner Jenson, second by Commissioner Heinis, to adjourn the meeting at
32 7:13 p.m.
33
34 Motion carried unanimously.
35
36 Respectfully submitted,
37 Carol Hamer
38 TimeSaver Off Site Secretarial, Inc.
i
r
STAFF REPORT
To: Planning Commission Report No.: VII.1.
From: Kim Moore-Sykes,Assistant City Manager
Date: February 17,2009
Subject: 3055 Old US Highway 8 Administrative Lot Split
Requested Action: Lot Split —Tabled from January 20,2009 Planning Commission Meeting
Date Application Received: Dec.23,2008
PropejU Address: 3055 Old US Highway 8
Zoning District: LI
60-Day Expires: April 22,2009 with Extension to April 28,2009
Waiver Letter Required: Yes X Date Sent: 1/21/09 No
Future Action: Public Heating Tabled from January 20,2009
Background:
Mr. David Lutz,General Counsel for The Wirth Companies submitted an application and fees for an
Administrative Lot Split without Platting on December 23, 2008. Mr. Lutz met with Staff regarding their
proposal to split the property located at 3055 Old Highway 8. Mr. Lutz reported that his client is proposing
to split this property into two parcels in order to facilitate the future and eventual redevelopment of that
parcel currently comprising the parking lot. The subject 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 square footage requirements of the Ordinance. In addition,the lot must be at minimum 100 feet
wide. The Parcel Split Description Survey as provided by Mr. Lutz shows the total frontage width of the
current lot to be 867 feet.
The City's Ordinance specifies that each parcel in the Industrial Zoned District have specific minimum
setbacks for the front,rear and side yards. While the current parcel is assumed to have the minimum
setbacks,the proposed lot B,which has the building,was determined to be deficient in setbacks at the
proposed north lot line. As initially drawn, the proposed lot line was at the building foundation,providing
no side yard setback.
Another issue for proposed Lot B was the lack of required parking as outlined in Chapter 1650. Mr. Lutz
has acknowledged that there was initially no plan for parking on the proposed Lot B but his client was
proposing to put a restriction on the deed that would require the lots to be considered as one for purposes
of zoning and land use planning. Under the deed restriction, the parking would be on the newly created
Lot A and the setback issue would be resolved for Lot B.
The City attorney reviewed the proposed preliminary plat and advised Staff that he would not recommend
approval for this plat as configured and proposed. When Staff advised Mr. Lutz of the situation,Mr. Lutz
requested that the Planning Commission table the public hearing until February 17,2009.
3055 Old hywy 8 Lot Split 01202009 Staff Report Format.doc
Mr. Lutz has provided a revised site plan that shows the required set back for proposed Lot B as well as
enough parking to supplement the existing parking. Since nothing as yet has been planned for Lot A,
nothing additional is required at this time. With the adjustments, the revised lot square footages are
78,391SF for Lot A and 110,723SF for Lot B. The setbacks on Lot B,with the exception of the newly
proposed northern lot line,have been in place since the building was constructed in the 1950's. The setback
at the proposed new lot line needs only to be 15 feet.
Mr. Lutz has also been asked to present a parking analysis for Lot B. Currently,Staff estimates that Lot B
has between 35-40 parking spaces. Mr. Lutz estimated that he would need an additional 30 parking
spaces,which is planned for the north side of the existing building. Staff estimates that parking needs for
this building is approximately 65-70 spaces total. Again, Mr.Lutz will provide a more in depth parking
analysis for the February 17th public hearing.
Action: Recommend approval of the applicant's request for Lot Split at 3055 Old Highway 8.
Attachments:
• Application and supporting Letters and documentation from Applicant
• Site Map
• Aerial Photo of Property (Hennepin County)
• Letter from City Attorney
3055 Old hywy 8 Lot Split 01202009 Staff Report Format.doc
1 46
THE WIRTH COMPANIES 615 Second Avenue South FAX(612)339-2538
Minneapolis,Minnesota 55402 (612)373-0400 1W
Professional Real
► Estate Management
&Development
December 24, 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 our telephone call yesterday. As you are aware we have a
pending lot split application on file with the City of St. Anthony and we have submitted a survey
to the City with a proposed line for the split. You have correctly noticed that the survey did not
have set back markings on it and you were seeking an explanation as to why there were no set
back markings. My client desires to have the lot split occur so that the newly created lot be as
big as possible for future developments. To satisfy the City of St. Anthony for zoning purposes,
it was my client's intention to put a restriction on the deed that requires the two lots to be viewed
as one for zoning purposes and therefore the set back requirements from the existing building
would not be relevant. We believe this should satisfy any concerns the City may have and
proposed deed restriction language has been forwarded to you. If you have any further questions
or concerns please feel free to contact me at 612-373-0430.
Sincerely,
David A. Lutz
General Counsel
JAII
AVI t
3301 Silver Lake Road •St.Anthony,MN 55418 • (p)612.782.3301 ' (f)612.782.3302
www.ci.saint-anthony.mn.us
Date:
Fee: $150.00
SUBDIVISION/PLAT APPROVAL APPLICATION
Application is hereby made for a SUBDIVISION/PLAT APPROVAL for a lot split/lot combination. The resultant size
of the existing lot: X ;lot area: sf, rr�u Z x 7z'
Size of new lot created: X / ;new lot area: sf
ADDRESS OF PROPERTY: 3 "�S CLO /� 4 GAF S7L�, 1 a'�' / y Stella
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PRESENT LEGAL DESCRIPTION: S;�F f�7Gcffr�sl.
PROPOSED LEGAL DESCRIPTION: J'
OWNER: _J C ✓' cr (Ct7 jc n
CONTACT NAME(print): .1. tt,-f� _ PHONE:
ADDRESS: ��S JnJ ' ie.� FAX: 337 - 2f3fi
CITY/ZIP: /LJ „7 IVIV S yc'i EMAIL: T ffrP✓'i !�iv r�fv�rs �-ea.Cav
APPLICANT: 77�1,�y. ���
CONTACT NAME: /i/ Z12-
PHONE:
ADDRESS: FAX:
CITY/ZIP: L EMAIL:
LICANT'S Signature Date 4 '2 W R'S Signature Date
ADMINISTATIVE DATA SURVEY-Office Use Only
PLANNING COMMISSION ACTION
❑ Approved Application received:
❑ Denied Fee paid:
Date: Date of Concept Hearing:
COUNCIL ACTION Date of Public Hearing Notice:
❑ Approved Date of Public Hearing:
❑ Denied Resolution Number:
Date:
F:\Planning\Forms\SubdivisionPlat Approval Applicantion 2005.doc
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EXHIBIT A
Legal Description
PARCEL A:
Lot 1, Block 1, Apache Terrace 2nd Addition, Ramsey County, Minnesota.
PARCEL B:
That part of SOO LINE RAILROAD COMPANY railroad right of way adjoining the plat
of APACHE PLAZA 3`d ADDITION, Ramsey County, Minnesota described as follows:
Commencing at the Southeast corner of Lot 1, Block 1 of said APACHE PLAZA 3`d
ADDITION; thence North 90 degrees 00 minutes 00 seconds West on an assumed
bearing along the South line of said Lot 1, Block 1, APACHE PLAZA 3`d ADDITION
464.58 feet to the Westerly most corner of said Lot 1, Block 1 APACHE PLAZA 3'
Addition, said Westerly corner being the point of beginning of the land to be described;
thence North 00 degrees 00 minutes 00 seconds East 68.37 feet; thence along a curve
concave to the South 463.55 feet, said curve having a radius of 4,369.53 feet, a central
angle 6 degrees 02 minutes 28 seconds, and a chord being North 81 degrees 36 minutes
46 seconds East; thence North 84 degrees 38 minutes 00 seconds East 168.00 feet; thence
South 00 degrees 00 minutes 00 seconds East 67.29 feet to the Northerly line of said
APACHE PLAZA 3`d ADDITION; thence South 84 degrees 38 minutes 00 seconds West
168.00 feet; thence along a tangential curve concave to the South, 470.01 feet of said
curve having a radius of 4,329.53 feet and a central angle of 6 degrees 13 minutes 12
seconds to the point of beginning.
A-1
Property Information Search by Street Address Result page Page 1 of 2
Hennepin County, MN
www. ASS
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
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
+.y��. Transaction Type:
20 �"T 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
taxdescriptionoco.hennopin.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
Tota(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/addiTesult.jsp 12/10/2008
Hennepin County Property Map Print Page 1 of I
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.Theperimeter 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.
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___-3112 3117
3508 3512
3108 i 3113 94
3509 3104 3109
3100 3105
I Y{ 3101
3500 4
3014 � A
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3040 3043
3043
3036 3039
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7038
3028
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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
Property Type:COMMERCIAL-PREF Sale Price: $1,667,500.00
Homestead:NON-HOMESTEAD Sale Date: 03/1997
Area (sqft): 188158 Sale Code:
Area(acres): 4.32
A-T-B:TORRENS
Market Total: $2,500,000.00
Tax Total:$83,758.58
http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=0602923410098 12/10/2008
Hennepin County Oblique Aerials Page 1 of 1
Hennepin County Oblique Aerials
Images courtesy of: Microsoftm Virtual EarthTM 2008
Flight Date:April 2006 Show/Hide Mao Control
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http://gis.co.hennepin.mn.us/HCPropertyMapBirdseye.aspx?PID=0602923410098 12/10/2008
Hennepin County Oblique Aerials Page 1 of 1
Hennepin County Oblique Aerials
Images courtesy of:Microsoft Virtual Earth 2008
Flight Onto:April 2006 Show/Mide Mao Control
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http://gis.co.heimepin.mn.us/HCPropertyMap/Birdseye.aspx?PID=0602923410098 12/10/2008
C 0ORSEY
DORSEY & WHITNEY LLP
JEROME P. GELLIGAN
(612)340-2962
FAX(612)340-2643
giUigan.jerome@dorsey.com
January 13, 2009
Ms. Kim Moore-Sykes
Assistant City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Re: Proposed Subdivision— St. Anthony Business Center
Dear Ms. Moore-Sykes:
The City of St. Anthony has received an application from St. Anthony Business Center
Corporation to subdivide its property at 3055 Old Highway 8 into two lots. As proposed by the
applicant one lot would contain the existing building, and the second lot would contain parking
and would otherwise be vacant. The lot on which the existing building is located would not meet
the setback or parking requirements, and the applicant is proposing that the subdivision approval
be conditioned on the two lots being considered one lot for zoning purposes and that a restrictive
covenant be placed on the lots to that effect. The applicant has stated that it will be exploring
new development on the vacant parcel but that it does not have any plans at this time for such
development.
What is being proposed by the applicant is akin to a planned unit development.
However, in this case there will not be an approved final development plan to govern the
development of the property as is required under the City Code for a planned unit development.
I would not recommend that the City approve a subdivision that creates a nonconformity, and I
do not believe it is a good practice for the City to impose zoning restrictions by contract.
For these reasons I believe the City should deny the proposed subdivision. In connection
with the denial the City should specify that the reason for the denial is that the subdivision as
proposed creates a nonconformity.
Should you have any questions at this time, please call me.
Yours Trul ,
eroe P. Gilliga
JPG/pmh
DORSEY & WHITNEY LLP • WWW.DORSEY.COM • T 612.340.2600 • F 612 340.2868
SUITE 1500 • 50 SOUTH SIXTH STREET • MINNEAPOLIS, MINNESOTA 55402-1498
USA CANAC)A EUROPE ASIA
"jifflarer
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
Office: (612) 782-3301 • Fax: (612) 782-3302 • www.ci.saint-anthony.mn.us
January 21,2009
Mr. David Lutz
THE WiRTH ComPANEEs
615 Second Avenue South
Minneapolis,MN 55402
RE: 3055 Old US Highway 8
Dear David:
This letter is being sent to correct information that was sent earlier to you with regard to the 60-
Day Rule. Because this application is for subdivision of property,the City is required to
approve or deny within 120 days of delivery (Minnesota State Statute 462.358,subd.3b),not 60
days as indicated in the letter dated January 13,2009.
Our records indicate that the application for Subdivision/Plat Approval and fees were received
on December 23,2008. Under the 120 days as provided by the Statute, the City is required to
make a decision about this application by Wednesday, April 22,2009. Because the City meets
on the second and fourth Tuesdays of the month and should the City need to schedule this
application for the fourth Tuesday,we are requesting an extension to April 28,2009, at which
time a regular City Council meeting is scheduled.
Also,since we have until April to act on The Wirth Companies' request, I was wondering if
your clients might be interested in pulling the subdivision application to give them more time
to develop a preliminary plat for approval in April. If that is an agreeable suggestion,would
you please send me a letter stating that in writing?
You had also requested information about the City's Planned Unit Development(PUD) process.
I have included a copy of the City's Ordinance for the PUD process.
If you have additional questions or concerns regarding this process or your application,please
feel free to contact me at 612-782-3312.
Sincerely,
Kim oore-Sykes
Assistant City Manager
krnoore@ci.saint-anthony.rnn.us
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
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