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HomeMy WebLinkAboutPL PACKET 02172009 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104972 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 e 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 �� tir�i f �,�. PID(s):1iC- ���� �3`yl 098 L p 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 " � 5�; « ( 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. r+� ___-3112 3117 3508 3512 3108 i 3113 94 3509 3104 3109 3100 3105 I Y{ 3101 3500 4 3014 � A V 3040 3043 3043 3036 3039 ���3���032jjj 3075 7038 3028 3031 3024 ♦+ 3025 ~ r 0 3021 8' 2930 7017 3 } 04k%mak f 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 - j 0 CL � R x R H t r � � N i f 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 C/oR pr R H f Ofd U$8 E � vp NNE U A + a cony s. Y 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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