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2019.05.21 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: May 17, 2019 City Council Meeting Schedule Tuesday, May 21, 2019 Time Type of meeting Location 6:30 p.m. First City Council work session to discuss: • Financial long term planning. • Constituent issues update. • City manager monthly update. • New business. • Announcements. Conference Room A 7 p.m. City Council meeting Council Chambers Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: May 17, 2019 City Council Work Session Agenda May 21, 2019 6:00 p.m. Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at ______ p.m. on May 21, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Budziszewski ____ Norris ____ Deshler ____ Therres ____ Kiser ____ Gilchrist ____ LaRoche ____ McGann ____ Parsons ____ Sutter ____ Adams ____ Revering ____ Banks II. Agenda of discussion items: 1. Financial long term planning. 2. Constituent issues update. 3. City manager monthly update. 4. New business.* 5. Announcements.* * Denotes no supporting information included in the packet. III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531- 1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CITY MANAGER WORK PLAN MONTHLY CHECK IN – MAY 2019 Objectives: - Operational planning for achievement of Council goals o Thriving Business Climate  City Code update complete – now final review of Chapters 10 - 12 for any corrections before formatting  Open To Business assistance available o Create Strong Neighborhoods  Code enforcement – on-going  Implementation of Master Parks System Plan – Becker Park improvement project construction underway  Home improvement loans/rebates available through CEE o Fiscally sound and stable policies and practices:  Long term financial planning:  Capital fund review by Council 5/21/19  Space needs study (police) still in progress  Assume no new debt o Build inclusive community so all feel welcome  Discussing with senior staff 5/14/19; more discussion at future senior staff meeting o Monthly check in with Council - Facilitative leadership and vision – update shared vision and common goals o 2/26/19 and 4/9/19 work session discussions to update goals o 5/7/19 – Council review and finalized 2019-2021 goals and objectives o 5/14/19 – Senior staff discussion; work plan discussion at future senior staff meeting 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov City Council Meeting Agenda May 21, 2019 7 p.m. Council Chambers The city manager’s comments are bolded. 1. Call to Order, Roll Call and Pledge of Allegiance. 2. Approval of Agenda The Council will consider approval of the agenda. 3. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 3.1 Approval of the minutes from the following meetings: a. The City Council meeting on May 7, 2019. b. The City Council work sessions on May 7, 2019. 3.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 3.3 Approval of a resolution accepting the following donations: a. $7,500 from West Metro Fire-Rescue Relief Association for Crystal Frolics. b. $1,000 from West Metro Fire-Rescue Relief Association for Crystal Airport Open House. c. $1,000 from West Metro Fire-Rescue Relief Association for Becker Park Renovation. 3.4 Approval of modifications to the owner-occupancy requirements for city-owned lot sales. 3.5 Approval of a temporary on-sale liquor license for a church festival on August 2-3, 2019, submitted by Church of St. Raphael at 7301 56th Ave. N. 4. Open Forum (The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas.) Crystal City Council Meeting Agenda May 21, 2019 Page 2 of 4 5. Public Hearings 5.1 The Council will hold a public hearing to consider an off-sale liquor license for Zahid Beverage Group, LLC d/b/a Crystal Liquor Warehouse, located at 6200 56th Ave. N. Rassel Zahid, owner of Zahid Beverage Group, is requesting an off-sale liquor license for 6200 – 56th Avenue North (currently operated by MGM Liquor Warehouse). All the required paperwork and background check have been completed. After taking public comment, recommend approval of the off-sale liquor license. 5.2 The Council will hold a public hearing to consider vacating easements in the Jayflo Subdivision and approving the plat of Iron Horse Addition. a. Consider a resolution vacating easements in the Jayflo Subdivision b. Consider a resolution approving the preliminary and final plat of Iron Horse Addition As discussed with the City Council and Parks & Recreation Commission, the JayFlo subdivision is being replatted so that the western portion can be sold for three single family home lots and the balance platted as dedicated park property. There are several street right-of-way easements in the existing plat that need to be vacated. At its May 13 meeting, the Planning Commission held a public hearing on the proposed plat and recommended its approval. After taking public comment, recommend: a) approval of the resolution vacating easements in the JayFlo subdivision; and b) approval of the resolution approving the preliminary and final plat of Iron Horse Addition. 6. Regular Agenda 6.1 The Council will consider approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 6.2 The Council will consider a resolution approving a conditional use permit for a child care center at 7200 56th Avenue North. A Better Childcare is requesting a conditional use permit to operate a child care facility at 7200 – 56th Avenue North. The property is zoned commercial and a child care facility requires a conditional use permit. At its May 13 meeting, the Planning Commission held a public hearing on the conditional use permit application and unanimously recommended approval, subject to conditions outlined in the staff report. Crystal City Council Meeting Agenda May 21, 2019 Page 3 of 4 6.3 The Council will consider the first reading of an ordinance for Planned Development rezoning of 3501 Douglas Drive North for A-1 Reliable Home Care campus, including construction of a specialized care facility. In April the Crystal Planning Commission held a public hearing on the application for rezoning to Planned Development for a home care campus, including construction of a specialized care facility, at 3501 Douglas Drive. The staff report recommended approval of the application, subject to conditions outlined in the report. At the April meeting, the Planning Commission voted 5-2 to deny the application and continue the item to May 13, 2019 so that the city attorney could prepare written findings for denial of the application to be considered by the Commission. At its meeting on May 13, after hearing comments from the city attorney, the Planning Commission unanimously recommended denial of the application. The city attorney will have additional comments at the May 21 meeting. 6.4 The Council will consider a resolution establishing a 1-hour time limit for the parking bay in front of 6300 – 6500 56th Avenue North. Part of last year’s Bass Lake Road streetscape improvements included on-street parallel parking in front of the businesses at 6300 – 6500 Bass Lake Road. This parking was intended to create convenient, short-term parking for customers of those businesses while the adjacent city-owner lots are available for longer term parking. Staff has received complaints regarding some longer-term parking in the on-street parking. Based on the complaints and observations, staff is recommending the on-street parking area be posted as 1-hour parking. 6.5 The Council will consider a resolution authorizing the 2020-2025 Utility Reconstruction feasibility study. As discussed at the May 7 work session, staff is working on a long-term infrastructure replacement plan. In order to refine the plan and develop the feasibility, schedule and cost of the first phases of replacements, hiring expertise to complete this study is necessary. Recommend approval of the resolution authorizing the hiring of SEH to prepare the 2020 – 2025 utility reconstruction feasibility study. Crystal City Council Meeting Agenda May 21, 2019 Page 4 of 4 7. Announcements a. The Metropolitan Airports Commission (MAC) is holding a public hearing at 6:30 p.m. on Wednesday, May 29 in the Council Chambers at Crystal City Hall to receive public comment on the proposed Environmental Assessment Worksheet (EAW) for proposed changes to the Crystal Airport, starting with an open house at 5:30 p.m. and presentation at 6:00 p.m. b. The next City Council meeting is Tuesday, June 4 at 7 p.m. in the Council Chambers at City Hall. c. The Crystal Airport Open House and Fly-In will be held on Sunday, June 16, from 8 a.m. – 3 p.m. d. The Crystal Business Association meets Wednesday, June 19 at 8:30 a.m. at St. Therese, 8000 Bass Lake Road, New Hope. e. Local organizations are invited to lead the pledge at City Council meetings; contact city staff for information. f. City Council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov. 8. Adjournment 9. May 21, 2019 Meeting Schedule Time Type of meeting Location 6:00 p.m. First City Council work session to discuss: • Financial long term planning. • Constituent issues update. • City manager monthly update. • New business.* • Announcements.* Conference Room A 7 p.m. City Council meeting Council Chambers * Denotes no supporting information included in the packet. Have a great weekend; see you at Tuesday’s meeting. Crystal City Council meeting minutes May 7, 2019 Page 1 of 3 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on May 7, 2019 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota. Mayor Adams called the meeting to order. Roll Call Mayor Adams asked the administrative services coordinator to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Banks, Budziszewski, Deshler, Kiser, LaRoche, Parsons and Adams. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, City Attorney T. Gilchrist, Recreation Director J. Elholm, Community Development Director J. Sutter, Public Works Director/City Engineer M. Ray, Police Chief S. Revering, Fire Chief S. Larson and Administrative Services Coordinator T. Tassoni. Pledge of Allegiance FAIR SAIL Leadership Group led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member Banks and seconded by Council Member Deshler to approve the agenda. Motion carried. 3.Appearances 3.1 FAIR SAIL Leadership Group students updated the Council on academic activities. 3.2 Jennifer Lewin of Paul’s Pals for contribution to the Becker Park play area. 4.Proclamation 4.1 The Mayor proclaimed May 12 – 18 Police Week and May 15 Peace Officer Memorial Day. 5.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 5.1 Approval of the minutes from the following meetings: a.The City Council meeting on April 16, 2019. b.The City Council work sessions on April 16, 2019. 5.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 5.3 Approval of Resolution No. 41, accepting the following donations: a.$1,000 from Minneapolis Elks Lodge #44 for Crystal Frolics. b.$250 from Minneapolis Elks Lodge #44 for Crystal Frolics. c.$3,840.87 from VFW Post #494 for Welcome Park Flagpole. d.$175 from VFW Post #494 for K9 Leo. 3.1a Crystal City Council meeting minutes May 7, 2019 Page 2 of 3 5.4 Approval of Resolution No. 42, for lawful gambling at Welcome Park during the Crystal Frolics from July 25 – 28, 2019, submitted by Minneapolis Elks Lodge #44. 5.5 Accept the resignation of David Pascoe from the Parks & Recreation Commission. 5.6 Approval of Resolution No. 43, to authorize execution of an agreement with Hennepin County for County Road 81 landscaping. 5.7 Accept the resignation of Patrick Rosenquist from the Parks & Recreation Commission. Moved by Council Member LaRoche and seconded by Council Member Deshler to approve the consent agenda. Motion carried. 6.Open Forum No public comment was given during open forum. 7.Regular Agenda 7.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Moved by Council Member Deshler and seconded by Council Member Banks to approve the list of disbursements over $25,000. Voting aye: Banks, Budziszewski, Deshler, Kiser, LaRoche, Parsons and Adams. Motion carried. 7.2 The Council considered a resolution approving the purchase and authorizing execution of an agreement with Landscape Structures for the play area at Becker Park. Recreation Director John Elholm addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Banks to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2019 – 44 RESOLUTION IN SUPPORT OF PURCHASING AN INCLUSIVE PLAY AREA FOR BECKER PARK Voting aye: Banks, Budziszewski, Deshler, Kiser, LaRoche, Parsons and Adams. Motion carried, resolution declared adopted. 7.3 The Council considered a resolution authorizing the purchase of two 2019 Ford Fusions to replace Community Development staff cars (#57 and #27). Community Development Director John Sutter addressed the Council. 3.1a Crystal City Council meeting minutes May 7, 2019 Page 3 of 3 Moved by Council Member Parsons and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2019 – 45 APPROVING THE REPLACEMENT OF VEHICLES #57 AND #27 Voting aye: Banks, Budziszewski, Deshler, Kiser, LaRoche, Parsons and Adams. Motion carried, resolution declared adopted. 8.Announcements The Council made several announcements about upcoming events. 9.Adjournment Moved by Council Member Budziszewski and seconded by Council Member Kiser to adjourn the meeting. Motion carried. The meeting adjourned at 7:45 p.m. _____________________________________ Jim Adams, Mayor ATTEST: _________________________________________ Trudy Tassoni Administrative Services Coordinator 3.1a Crystal City Council first work session minutes May 7, 2019 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the first work session of the Crystal City Council was held at 6:40 p.m. on May 7, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city manager recorded the attendance. Council members present: Banks, Budziszewski, Deshler, Kiser, LaRoche and Adams. Absent: Parsons. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, City Attorney T. Gilchrist, Community Development Director J. Sutter, Public Works Director/City Engineer M. Ray and Police Chief S. Revering. II.Agenda The Council and staff discussed the following agenda item: 1.Sidewalk snow removal check-in. III.Adjournment The work session adjourned at 6:57 p.m. ________________________________ Jim Adams, Mayor ATTEST: Anne Norris, City Manager 3.1b Crystal City Council second work session minutes May 7, 2019 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the second work session of the Crystal City Council was held at 7:53 p.m. on May 7, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city manager recorded the attendance. Council members present: Banks, Budziszewski, Deshler, Kiser, LaRoche, Parsons and Adams. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, City Attorney T. Gilchrist, Community Development Director J. Sutter, Public Works Director/City Engineer M. Ray and Police Chief S. Revering. II.Agenda The Council and staff discussed the following agenda items: 1.Potential modifications to owner-occupancy requirements for lot sales. 2.Utilities/streets capital plan study. 3.August work session of West Metro Fire-Rescue District Board and both city councils. 4.Review 2019 – 2021 City Council goals and objectives. 5.Constituent issues update. 6.New business. 7.Announcements. III.Adjournment The work session adjourned at 8:35 p.m. ________________________________ Jim Adams, Mayor ATTEST: Anne Norris, City Manager 3.1b Page 1 of 1 City of Crystal Council Meeting May 21, 2019 Applications for City License Fireworks 350 TNT Fireworks @ Cub Foods 5301 36th Ave N Crystal MN 55422 (6/20-7/6, 2019) TNT Fireworks @ Aldi 5620 West Broadway Crystal, MN 55428 (6/20-7/6, 2019) Rental – New 4507 Douglas Dr. N. – Reill Properties LLC (Conditional) 5601 Twin Lake Ter. – HP Minnesota I LLC (Conditional) Rental – Renewal 5315 Angeline Ave. N. – LC Single Homes LLC 5327 Angeline Ave. N. – Robert Read 4550 Colorado Ave. N. – Nicholas Pettigrew 3300 Douglas Dr. N. – Douglas Terrace Apartments LLC (Conditional) 3320 Douglas Dr. N. – Douglas Terrace Apartments LLC (Conditional) 3505 Douglas Dr. N. – FTKD Properties (Conditional) 5116 Edgewood Ave. N. – Mitchell Investment Properties LLC (Conditional) 5146 Edgewood Ave. N. – Mitchell Investment Properties LLC (Conditional) 3109 Hampshire Ave. N. – Rent it LLC 2910 Louisiana Ave. N. – MNSF (Conditional) 4801 Louisiana Ave. N. – Reill Properties LLC (Conditional) 5733 Nevada Ave. N. – Nicole Arvold 3401 Noble Ave. N. – Premium Property Group 5610 Perry Ave. N. – Thanasak Sueblinvong 5409 Scott Ave. N. – New Covenant Properties LLC 5710-5712 Wilshire Blvd – Robert Gardner (Conditional) 6812 44th Ave. N. – J & J Rental Properties LLC 6600 46th Pl. N. – Fruen & Pfeiffer LLP (Conditional) 4912 56th Ave. N. – Brandon Stanton & Michael Sampson (Conditional) Tobacco Zahid Beverage Group LLC dba Crystal Liquor Warehouse, 6200 56 th Ave N, Crystal MN 55429 Tree Trimmer Emery’s Tree Service P O Box 196 Delano, MN 55328 3.2 3.3 CITY OF CRYSTAL RESOLUTION NO. 2019 – RESOLUTION ACCEPTING DONATIONS FROM WEST METRO FIRE-RESCUE RELIEF ASSOCIATION WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the following donations: Donors Purpose Amount West Metro Fire-Rescue Relief Assn. Crystal Frolics $7,500 West Metro Fire-Rescue Relief Assn. Crystal Airport Open House $1,000 West Metro Fire-Rescue Relief Assn. Becker Park Renovation $1,000 AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above- named for their generous donations. Dated: May 21, 2019 By: __________________________ Jim Adams, Mayor ATTEST: ______________________________ Trudy Tassoni Administrative Services Coordinator PAGE 1 OF 2 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ DATE: May 16, 2019 TO: Anne Norris, City Manager (for May 21 Council meeting) SUBJECT: Consider reducing the term of the owner-occupancy requirement for homes built on city or EDA lots from 30 years to 5 years Background The city and the EDA have had a longstanding owner-occupancy deed restriction with the statutory maximum term of 30 years. During the March 19 EDA work session, staff was asked to bring this item back for further discussion. It was subsequently discussed at the May 7 Council work session because the provision applies to both city-owned (surplus land) and EDA-owned lot sales. Staff has never received a complaint about a home built on a city or EDA lot becoming a rental property. For that reason, we have not been tracking these homes to see if any of them became rentals over time. For the May 7 work session, staff checked the 149 homes built on city or EDA lots since 1998 and found three that are currently rental properties. No buyer, lender or title company has ever questioned the provision or asked that it be removed. Staff conclusions and recommendation: Based on our experience, market forces largely prevent recently constructed homes from becoming rental properties However, those market forces depend on the homes being initially built for the owner- occupant market; new construction intended to be rented would be a different product and would likely be perceived negatively by the neighborhood The public expects some owner-occupancy requirement when the city/EDA sells lots; it is one of the reasons these lot sales have been well-received in the community The 30-year deed restriction is probably excessive and unnecessary A 5-year deed restriction would be reasonable and effective Proposed policy (to be effective immediately upon Council approval): 1. The owner-occupancy deed restriction for residential lots sold by the city or EDA shall have a term of five years. COUNCIL STAFF REPORT Owner-Occupancy Requirement for City/EDA Lot Sales 3.4 PAGE 2 OF 2 2.For any residential lots previously sold by the city or EDA, upon request, the City Manager will execute a document reducing the term to five years, or, if five years have already passed, eliminating the deed restriction. 3.Upon receipt of a rental license application, staff will check the address against the list of residential lots sold by the city and EDA to determine whether the proposed rental dwelling was built on a city or EDA lot with an owner-occupancy deed restriction; and in such cases, the property owner may request removal of the restriction by submitting a written request which staff will present to the City Council or EDA, respectively, for their consideration and action on the request. Requested City Council Action City Council approval of this policy change as part of the consent agenda is requested. 3.4 3.5 COUNCIL STAFF REPORT Regular Agenda: May 21, 2019 Council Meeting Consideration of a new off-sale liquor license for Zahid Beverage Group LLC dba Crystal Liquor Warehouse DATE: May 16, 2019 FROM: Administrative Services Coordinator Trudy Tassoni TO: Mayor and City Council City Manager Anne Norris CC: Police Chief Stephanie Revering City Attorney Troy Gilchrist RE: Consideration of a new off-sale liquor license for Zahid Beverage Group LLC dba Crystal Liquor Warehouse Background The applicant, KM Rassel Zahid, has entered into a Purchase Agreement with MGM Liquor Warehouse at 6200 56th Ave. N. and is requesting an off-sale liquor license. The anticipated opening date of the new liquor store is June 1, 2019. Application Review The qualifications of the applicant meet Crystal City Code Section 1200 and staff has reviewed the license application. A background check was completed by the Police Department and Chief Revering finds no reason to prohibit issuance of the license. The attached Notice of Public Hearing was published in the Star Tribune on May 10 and in the Sun Post on May 16. Requested Council Action Staff recommends approval of the new off-sale liquor license for Zahid Beverage Group LLC dba Crystal Liquor Warehouse. Applicant KM Rassel Zahid will be in attendance at the meeting to answer any questions. 5.1 CITY OF CRYSTAL NOTICE OF PUBLIC HEARING TO CONSIDER AN OFF-SALE LIQUOR LICENSE AT 6200 56TH AVE. N. Notice is hereby given that the Crystal City Council will hold a public hearing on May 21, 2019 at 7 p.m. in the Council Chambers located at 4141 Douglas Drive N., to consider an off-sale liquor license at 6200 56th Ave. N. submitted by Zahid Beverage Group, LLC d/b/a Crystal Liquor Warehouse. Anyone wishing to express a view either in person or in writing will be heard at the public hearing. Auxiliary aids are available for public meetings upon request to individuals with disabilities by calling the city clerk at 763-531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. City Clerk Chrissy Serres 5.1 ____________________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris, City Manager (for May 21 City Council Meeting) DATE: May 16, 2019 RE: PUBLIC HEARING: Consider a resolution approving a vacation of street right-of-way easements at Iron Horse Park at 5155 Kentucky Avenue North A.BACKGROUND The City Council is being asked to adopt a resolution in attachment A to vacate city-owned street right-of-way easements within the Jayflo Subdivision plat. Five lots within that plat, which are owned by the City of Crystal as Iron Horse Park, are being replatted as the Iron Horse Addition to create three new single-family home lots and a dedicated park lot. The homes within the Iron Horse Addition will be developed in coordination with the Windsor Ridge single-family home development in New Hope, west of Louisiana Avenue. Attachment: A. Resolution incl. legal description and illustration of easements to be vacated A.PROPOSED VACATION OF EASEMENTS Attachment A illustrates the proposed street right-of-way easements that are to be vacated. Street easements for Louisiana Avenue and for Soo Line Place were dedicated on the Jayflo Subdivision plat when it was approved by the City Council in 1963. Louisiana Avenue. Louisiana is currently a dead-end where it meets the park boundary, but the street will be extended southward to provide curb cut access for the three residential lots before connecting with 51st Avenue in the Windsor Ridge development. The Louisiana Avenue right-of-way is being vacated within the Jayflo Subdivision and a new right-of-way configuration is being dedicated within the Iron Horse Addition plat. Soo Line Place. Soo Line Place is not a constructed street. A 16’ wide portion of the right-of-way for this street lies within the Jayflo Subdivision. Since this right-of-way is no longer needed, it is proposed to be vacated. COUNCIL STAFF REPORT Vacate Street Right-of-Way Easements 5.2a Notice of the May 21 public hearing was published in the Sun Post on May 2 and mailed to four utility companies: Comcast, CenterPoint Energy, Xcel Energy, and CenturyLink. Comcast, CenterPoint Energy, and CenturyLink have responded by saying they have no objections to the easements being vacated, while Xcel has not responded. . C.REQUESTED ACTION City staff recommends that the street right-of-way easements located within the Jayflo Subdivision plat be vacated. City Council motion to approve the proposed resolution (attachment A) is requested. 5.2a 1 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2019-_____ RESOLUTION VACATING STREET RIGHT-OF-WAY EASEMENTS IN JAYFLO SUBDIVISION WHEREAS, the City of Crystal (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and is fee owner of PID 08-118-21-13-0115, real property that is legally described as follows: Lots 1-5, Block 1, Jayflo Subdivision, Hennepin County, Minnesota (the “City’s Parcel”); and WHEREAS, the City is requesting the vacation of street right-of-way easements that are located on the City’s Parcel. The easements that the City is requesting be vacated are legally described and depicted on Exhibit A attached hereto (the “Easement”); and WHEREAS, pursuant to the City’s subdivision regulations, the City is in the process of re-platting the City’s Parcel as “Iron Horse Addition”; and WHEREAS, the City intends to dedicate certain a street right-of-way easement to the City in the final plat of Iron Horse Addition that will meet the City’s satisfaction; and WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for May 21, 2019 to consider vacation of the Easement; and WHEREAS, notice of the public hearing was posted and published in the City’s official newspaper, as required by state statute; and WHEREAS, on May 21, 2019, the City held the public hearing on the requested vacation during which all interested parties were heard; and WHEREAS, the City has the authority, pursuant to Minn. Stat. 412.851, to vacate easements dedicated to the public within a plat, including those for street right-of-way purposes; WHEREAS, following the public hearing, the City determined that, so long as the City dedicates a street right-of-way easement in the final plat of Iron Horse Addition that meets the City’s satisfaction, there is no continuing public need for the Easement and that vacating the Easement, as requested, is in the public interest. 5.2a 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal as follows: 1.The City hereby declares that street right-of-way easements, legally described and depicted on Exhibit A attached hereto, are vacated; provided, however, that said vacation is conditioned on first dedicating a public street right-of-way easement in the final plat of Iron Horse Addition that meet the City’s satisfaction. 2.Upon adherence to the above-mentioned condition, the City Clerk is hereby authorized and directed to prepare and present to the Hennepin County Auditor a notice that the City has completed these vacation proceedings and record said notice with the Hennepin County Recorder. Adopted by the Crystal City Council this 21st day of May, 2019. ____________________________ Jim Adams, Mayor ATTEST: __________________________________________ Trudy Tassoni Administrative Services Coordinator 5.2a A-1 EXHIBIT A Legal Description and Depiction of Easement LOUISIANA AVENUE NORTH VACATION That part of Louisiana Avenue North as donated and dedicated on the recorded plat of JAYFLO SUBDIVISION, Hennepin County, Minnesota which lies North of the north Right-of-Way line of Soo Line Railroad, formerly known as Minneapolis, St. Paul and Sault Sainte Marie Railway and which lies South of the Westerly extension of the north line of the South 16.0 feet of Soo Line Place as donated and dedicated in said JAYFLO SUBDIVISION. SOO LINE PLACE VACATION That part of the South 16.0 feet of Soo Line Place as donated and dedicated on the recorded plat of JAYFLO SUBDIVISION, Hennepin County, Minnesota which lies West of the Northerly extension of the east line of Lot 5, Block 1, JAYFLO SUBDIVISION and which lies East of the Northerly extension of the west line of Lot 1, Block 1, said JAYFLO SUBDIVISION. 5.2a Location of easements proposed to be vacated 5.2a _____________________________________________________________________ FROM: Dan Olson, City Planner _____________________________________________________________________ TO: Anne Norris (for May 21 Meeting) DATE: May 16, 2019 RE: Consider a resolution approving a preliminary and final plat for the Iron Horse Addition at 5155 Kentucky Avenue North (Iron Horse Park) A.BACKGROUND On March 5, 2019 the City Council determined that the west end of Iron Horse Park is surplus land and that it should be subdivided and sold for construction of three new single-family homes. Proceeds from the sale of the lots will be used to fund park improvements. The plat creating these lots is named Iron Horse Addition and the site is zoned Low Density Residential (R-1). Notice of the May 13 public hearing was published in the Sun Post on May 2 and mailed to owners within 500 feet (attachment A). A hearing notice was also sent to the City of New Hope since the property is adjacent to the New Hope/Crystal boundary lin e. Attachments: A.Site location and public hearing notice mailing map B.Existing zoning map C.Windsor Ridge plat in New Hope D.Proposed Iron Horse Addition preliminary plat E.Proposed Iron Horse Addition final plat F.Resolution B.PROPOSED PROPERTY SUBDIVISION Existing use With the exception of a backstop for a ballfield, t he western area of Iron Horse Park is a vacant area of the park, which is addressed as 5155 Kentucky Avenue North. COUNCIL STAFF REPORT Proposed Iron Horse Addition Plat 5.2b Proposed use Because of the City Council determination that part of the park is surplus land, the city is replatting Lots 1-5, Block 1, Jayflo Subdivision into the Iron Horse Addition which will have three lots for new home construction and a dedicated park parcel for Iron Horse Park. The three new single-family homes are to be addressed as 5160, 5168 and 5176 Louisiana Avenue North. The rest of the platted area will be dedicated on the plat as park land and will be addressed as 5180 Kentucky Avenue North. The homes within the Iron Horse Addition will be developed in coordination with the Windsor Ridge single-family home development located in New Hope west of Louisiana Avenue (attachment C). The Windsor Ridge plat was recently approved by the New Hope City Council. Parcel Area Details 156,275 sq. ft. (3.6 acres) Total area to be replatted 122,123 sq. ft (2.8 acres) Area for Iron Horse Park (platted park land) -3,555 sq. ft. (0.08 acre)Right-of-way for Louisiana Avenue = 34,152 sq. ft. (0.8 acre) Area remaining for the three new lots 14,982 sq. ft. (0.3 acre) Lot 1 (new 5160 Louisiana) 10,260 sq. ft. (0.2 acre) Lot 2 (new 5168 Louisiana) 8,910 sq. ft. (0.2 acre) Lot 3 (new 5176 Louisiana) Subdivision design features The proposed plat would be named Iron Horse Addition. The following are the notable design features of this subdivision: 1.Zoning Requirements Building setbacks. Any homes on these three proposed properties will meet the setbacks required for the R-1 district, which are 30 feet for the front and rear property lines. Side setbacks will be controlled by the five foot drainage and utility easements. No part of the homes, including eaves, may be located within a drainage and utility easement. Lot size and area. The proposed lots meet the minimum lot area (6,000 sq. ft.), width (50’), and depth (100’) requirements of the R-1 district. For lots located on a curve, such as the lots in the Iron Horse Addition plat, lot width is measured at the front setback line. Residential density. The area included in the Iron Horse Addition will have a required maximum density of no more than six units per gross acre. “Gross” includes public areas such as street right-of-ways in the density calculation. In the case of the Iron Horse Addition, gross density is calculated as follows: 5.2b 34,152 sq. ft. Combined area of the 3 residential lots (units) +3,555 sq. ft. Louisiana Avenue right-of-way west of the lots = 37,707 sq. ft. Total area included in the density calculation ⁄ 3 units = 12,569 sq. ft. Gross area per unit There are 43,560 sq. ft. in one acre 43,560 / 12,569 = 3.47 units per gross acre 2.Street and Pedestrian Access Street access. Louisiana Avenue North currently is a dead -end where it meets the park boundary, but the street will be extended southward to provide curb cut access for these three lots. The street pavement will be 28 feet in width. The eastern half of the street right-of-way is being dedicated with the Iron Horse Addition plat and the western half is dedicated with the Windsor Ridge plat. Pedestrian connections. There is not a sidewalk accessing these three lots, but a new sidewalk will be constructed along the eastern side of extended Louisiana Avenue in front of these homes . This sidewalk was required by the City of New Hope for the Windsor Ridge development. 3.Utilities The proposed new homes will connect with existing water and proposed sanitary sewer mains. These utilities will either be installed by the developer of the Windsor Ridge development or separately by the City of Crystal or its contractor. There are existing overhead private utility lines along the park’s north property line. New drainage and utility easements are dedicated with this plat. New private utility services to the new homes, such as Xcel Energy, Century Link and Comcast, will be buried underground. 4.Grading, Drainage and Erosion Control The city does not require a grading, drainage and erosion control plan for parcels under one acre in size. During home c onstruction the city will require erosion control techniques to be used on-site including silt fences and inlet protection. 5.Landscaping There are several existing trees in the Louisiana Avenue street right-of-way. These trees will be removed so that the street may be extended southward to connect with the Windsor Ridge development. The UDC requires the builder to plant one tree in the front yard of the new Crystal homes. 5.2b 6.Park Dedication Because net revenue from the lot sales will go into the Parks Ca pital Fund, and park dedication fees are deposited into the same fund, the park dedication requirement is already being met. C.SUBDIVISION CRITERIA The following are the relevant criteria for approval of subdivisions in City Code Section 510.25. 1.The proposed subdivision must be in compliance with the provisions of this UDC. Findings: The proposed subdivision meets UDC requirements. 3.The proposed subdivision must be in accordance wit h the objectives of the city’s Comprehensive Plan. Findings: The proposed subdivision meets the density requirements of the low density residential land use category. 4.The physical characteristics of the site, including but not limited to, topography, vegetation, susceptibility to erosion and sedimentation, susceptibility to flooding, water storage and retention, must be such that the site is suitable for the type of development of uses contemplated. Findings: The characteristics of the site are conducive to the construction of three new single-family homes. D.FINAL PLAT In addition to preliminary plat approval for the Iron Horse Addition subdivision, final plat approval is also requested. According to City Code Section 510.11, Planning Commission review of the final plat is not required. The final plat is in conformance to the preliminary plat. E.REQUESTED ACTION At the May 13, 2019 Planning Commission meeting, the Commissio n unanimously recommended that the City Council approve the Preliminary Plat of Iron Horse Addition with the following conditions: 1.Overhead utilities. If the overhead utility lines on these properties are relocated or extended, the lines shall be buried underground. New private 5.2b utilities, such as Xcel Energy, Center Point Energy, or Comcast shall be buried underground. Under no circumstances shall additional overhead utilities be installed, whether main lines, feeder lines or service lines to the new houses. 2.Compliance. Development of the plat is subject to the applicable requirements of the Crystal City Code. The applicant is required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances in developing the plat and is required to obtain such other permits and permissions as may be required. 3.No Waiver. Failure by the city to take action with respect to any violation of any condition, covenant or term of this plat approval shall not be deemed to be a waiver of such condition, covenant, or term or any subsequent violation of the same or any other condition, covenant, or term. 4.Binding Effect. The conditions placed on this approval are binding on the applicant, its successors and assigns, shall run with the property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership. The obligations of the applicant under this approval shall also be the obligations of the current and any subsequent owners of the property. 5.Acceptance of Conditions. Utilization of the property for any of the uses allowed by this approval shall automatically be deemed acceptance of, and agreement to, the terms and conditions without qualification, reservation, or exception City Council motion to approve the proposed resolution (attachment F) is requested. 5.2b Site Location and Public Hearing Notice Mailing Map 5155 Kentucky Ave. N 4141 Douglas Dr. N. Crystal MN 55422 Attachment A 5.2b Zoning Map 5155 Kentucky Ave. N 4141 Douglas Dr. N. Crystal MN 55422 Attachment B 5.2b -0+500+001+002+003+004+005+006+007+008+009+0010+0011+0012+0013+0014+0015+0015+00-0+500+0013+3715+0051st Ave NSOO LINE RAILROADSUNSET HEIGHTSMURRAY LANE FIFTH ADDITIONMURRAY LANE SEVENTHADDITIONJ.P. RIEDEL COMPANY'S ST.RAPHAEL ADDITIONCITY OF NEW HOPECITY OF CRYSTALCITY OF NEW HOPECITY OF CRYSTAL28'F-F50'ROWRETENTION POND 1INFILTRATION POND40'40'25'25'25'25'STREET LIGHTSTREET LIGHTRESIDENTIAL CONCRETE APRONSEE CITY DETAILSURMOUNTABLECURB & GUTTERTYP.B618 CURB & GUTTERTYP.TIP OUT B618CURB & GUTTERTYP.TIP OUTSURMOUNTABLECURB & GUTTERTYP.B618CURB & GUTTERTYP.PEDESTRIANRAMPPEDESTRIANRAMPSTREET NAME SIGNSTREET NAME SIGNCADD files prepared by the Consultant for this project areinstruments of the Consultant professional services for use solelywith respect to this project. These CADD files shall not be usedon other projects, for additions to this project, or for completionof this project by others without written approval by theConsultant. With the Consultant's approval, others may bepermitted to obtain copies of the CADD drawing files forinformation and reference only. All intentional or unintentionalrevisions, additions, or deletions to these CADD files shall bemade at the full risk of that party making such revisions, additionsor deletions and that party shall hold harmless and indemnify theConsultant from any & all responsibilities, claims, and liabilities.PLANNINGCIVIL ENGINEERINGLAND SURVEYINGLANDSCAPE ARCHITECTUREENVIRONMENTAL7200 Hemlock Lane, Suite 300Maple Grove, MN 55369763.424.5505www.loucksinc.comPlotted: 04 /29 / 2019 3:31 PMW:\2018\18611\CADD DATA\CIVIL\_dwg Sheet Files\SITE PLANOUCKSLCADD QUALIFICATIONQUALITY CONTROLPROFESSIONAL SIGNATURESUBMITTAL/REVISIONS3335 PENNSYLVANIA AVE NCRYSTAL, MN 55427SVK DEVELOPMENTNEW HOPE, MNWINDSORRIDGE02/08/19CITY SUBMITTAL03/05/19 SCWMC COMMENTS03/11/19 SCWMC COMMENTS04/09/19CITY COMMENTS04/29/19 CRYSTAL SERVICESCOVER SHEETC0-1EXISTING CONDITIONS &C1-1DEMOLITION PLANSITE PLANC2-1GRADING PLANC3-1SWPPP & NOTESC3-2 - C3-3UTILITY PLANC4-1SANITARY SEWER &WATERMAIN PLANC4-2 - C4-3DETAILSC8-1 - C8-3LANDSCAPE PLANL1-1Review DateSHEET INDEXLicense No.DateI hereby certify that this plan, specification or report wasprepared by me or under my direct supervision and thatI am a duly Licensed Professional Engineer under thelaws of the State of Minnesota.Todd W. McLouth - PEProject LeadDrawn ByChecked ByLoucks Project No.2038318611TWMZHWTWM04/29/1903/05/19STREET & STORMSEWER PLANC5-1 - C5-3NSCALE IN FEET060 120SITE PLANC2-1SITE BENCHMARK: TOP NUT OF HYDRANT LOCATED AT THE SOUTHEAST CORNER OFPENNSYLVANIA AVE. AND OREGON AVE. AS SHOWN HEREON. ELEVATION = 909.89(NGVD 29)WARNING:THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALLEXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES INMAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES.THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 ATLEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES,CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFOREDIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGEDDURING CONSTRUCTION AT NO COST TO THE OWNER.PROJECT BENCHMARK1. MINNESOTA STATE STATUTE REQUIRES NOTIFICATION PER "GOPHER STATE ONE CALL" PRIOR TOCOMMENCING ANY GRADING, EXCAVATION OR UNDERGROUND WORK.2. THE CONTRACTOR SHALL FIELD VERIFY LOCATIONS AND ELEVATIONS OF EXISTING UTILITIES ANDTOPOGRAPHIC FEATURES PRIOR TO COMMENCEMENT OF CONSTRUCTION ACTIVITY. THECONTRACTOR SHALL NOTIFY THE ENGINEER OF ANY DISCREPANCIES OR VARIATIONS FROM THEPLANS.3. THE CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TOADJACENT PROPERTIES DURING THE CONSTRUCTION PHASE OF THIS PROJECT. THE CONTRACTORWILL BE HELD RESPONSIBLE FOR ANY DAMAGES TO ADJACENT PROPERTIES OCCURRING DURINGTHE CONSTRUCTION PHASE OF THIS PROJECT.4. THE CONTRACTOR WILL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROLDEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TOCONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. PLACEMENT OF THESE DEVICES SHALLBE APPROVED BY THE ENGINEER PRIOR TO PLACEMENT. TRAFFIC CONTROL DEVICES SHALLCONFORM TO THE APPROPRIATE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS.5. IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR WILLBE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETYOF ALL PERSONS AND PROPERTY DURING THE PERFORMANCE OF THE WORK. THIS REQUIREMENTWILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS.6. THE DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCT CONSTRUCTION REVIEW OF THECONTRACTORS PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF THECONTRACTORS SAFETY MEASURES IN, OR NEAR THE CONSTRUCTION SITE.7. BEFORE BEGINNING CONSTRUCTION THE CONTRACTOR SHALL INSTALL EROSION ANDSEDIMENTATION CONTROL MEASURES IN ACCORDANCE WITH NPDES PERMIT REQUIREMENTS, BESTMANAGEMENT PRACTICES, STATE AND LOCAL REQUIREMENTS AND THE DETAILS SHOWN ON THEDETAIL SHEET(S) OF THE PROJECT PLANS.8. ALL CONSTRUCTION PERMITS, APPLICATIONS AND FEES ARE THE RESPONSIBILITY OF THECONTRACTOR.9. ALL ENTRANCES AND CONNECTIONS TO CITY STREETS SHALL BE CONSTRUCTED PER THEREQUIREMENTS OF THE STATE AND LOCAL JURISDICTIONS. THE CONTRACTOR SHALL BERESPONSIBLE FOR ALL PERMITS AND NOTIFICATIONS AS REQUIRED.10.ALL STREET REPAIRS AND PATCHING SHALL BE PERFORMED PER THE REQUIREMENTS OF THE CITY.ALL TRAFFIC CONTROL SHALL BE PROVIDED BY THE CONTRACTOR AND SHALL BE ESTABLISHED PERTHE REQUIREMENTS OF THE MINNESOTA MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES(MUTCD) AND THE CITY. THIS SHALL INCLUDE ALL SIGNAGE, BARRICADES, FLASHERS ANDFLAGGERS AS NEEDED. ALL PUBLIC STREETS SHALL BE OPEN TO TRAFFIC AT ALL TIMES.11.ADJUST ALL EXISTING STRUCTURES, BOTH PUBLIC AND PRIVATE TO THE PROPOSED GRADES WHEREDISTURBED AND COMPLY WITH ALL REQUIREMENTS OF THE UTILITY OWNERS. STRUCTURES BEINGRESET TO PAVED AREAS MUST MEET OWNERS REQUIREMENTS FOR TRAFFIC LOADING.12.EXISTING TOPOGRAPHY PROVIDED BY LOUCKS ASSOCIATES, TOPOGRAPHIC SURVEY DATED01/08/19.13.THE CONTRACTOR MUST HAVE A CITY LICENSE.14.A CITY RIGHT-OF-WAY PERMIT IS REQUIRED PRIOR TO WORKING WITHIN CITY ROW.GENERAL NOTESBENCHMARK:MNDOT GSID STA. #81614, 2734 AG1.0 MILE WEST OF CRYSTAL, IN THE SIDEWALK IN THE SOUTHWEST CORNER OF NORTH BROADWAYBRIDGE # 27170 OVER TRUNK HWY 100, 0.2 MILE EAST ALONG C. R. 81 FROM THE JUNCTION OF TRUNKHWY 100 AND C. R. 81 IN CRYSTAL, THEN 0.1 MILE SOUTH ON C. R. 9 (42ND AVE. N.), THEN 0.3 MILEWEST ON C. R. 8 (WEST BROADWAY), 2.0 FT NORTH OF A BRIDGE RAILING.ELEVATION = 880.808 FT (NGVD'29)SITE BENCHMARK:TOP NUT OF HYDRANT LOCATED AT SOUTHEAST CORNER OF LOUISIANA AVENUE N. & SOO LINEPLACE, AS SHOWN HEREON.ELEVATION = 887.52 FT (NGVD'29)EXISTING ZONING:ZONE (R-1)PROPOSED ZONING:ZONE (PUD)AREAS:TOTAL PROPERTY AREA = 379,919 +/- SQ.FT. OR 8.72 +/- ACRESRIGHT OF WAY DEDICATION AREA = 63,618 +/- SQ.FT. OR 1.46 +/- ACRESNET PROPERTY AREA = 316,301 +/- SQ.FT. OR 7.26 +/- ACRESPROPOSED BUILDING SETBACKS:FRONT = 25-45 FEETSIDE (HOUSE) = 10 FEETSIDE (GARAGE) = 5 FEETREAR = 25 FEETSITE DATA- UNLESS NOTED, BASEMENT FLOOR ELEVATION FOR FULL BASEMENT IS 8.0 FEET BELOW THE GARAGE FLOOR ELEVATION.- MINIMUM BASEMENT ELEVATION REFLECTS LOWEST FLOOR ELEVATIONSSTREETNOTES:SETBACK REQUIREMENTSCONSTRUCTED HOUSE PAD LIMITS10' SIDE HOUSE / 5' SIDE GARAGE25' REAR HOUSELOT NUMBER25' FRONTGARAGE FLOOR ELEVATIONCURB OR EDGE OF PAVEMENTCATCH BASINSETBACK REQUIREMENTLOT CORNERBLOCK NUMBER913.0917.0GRADE AT REAR OF HOUSE PAD(LOWEST OPENING)LOT EASEMENTS 5' MIN. SIDE/REAR HOUSE10' MIN. FRONT25' MIN. CORNERPUD SETBACKSLOT1-16BLOCKFRONTREARSIDE123-16122225404025252525255/105/105/105/10LOT WIDTH MINIMUM 65'Attachment C5.2b 890.3891.4881.6882.4884.1tcc883.94tcc884.30tcc884.34tcc884.06883.3883.6883.7883.5883.6883.9883.6883.4883.3PowerPolePowerPolePowerPole910.2885.5891.1GuyAnchor885.9886.4887.3887.3887.0885.5885.3884.7885.2885.0885.4884.6884.5883.9883.4882.9882.7883.6883.9884.2884.1884.4884.3884.3884.3884.4884.5884.7884.6884.4884.4883.7883.7883.8884.0884.9884.3883.3883.0885.3886.0886.9887.6888.1887.5887.9888.3888.3885.9886.6885.1883.8883.6883.2883.1883.3883.5back stop fenc eO v e r h e a d W i r e sGarageShedGarageShedConcrete curb 52ND AVE. N.LOUISIANA AVE. N.SOO LINE PLACELOUISIANA AVE. N.SOO LINE R.R.CENTERLINE OF RAILROAD TRACKSWEST LINE OF THE SW 1/4 OF THE NE 1/4 OF SEC. 8, TWP. 118, R.21F e n c e(unimproved)F e n c e50.00found monumentfound monument(Unimproved)T r e e L i n e 886888890 KENTUCKY AVE. S.SOUTH LINE OF THE NW 1/4 OF THE NE 1/4 OF SEC. 8, TWP. 118, R.2124.0 6030F e n c e163.1416.00 16 24NORTH LINE OF SOO LINE RAILROAD50.00JERSEY AVE. S.S 89°59'24" E 848.95N 00°17'35" W 129.02N 82°35'35" E 855.24N 00°14'54" W 239.24 683.95135.00N 00°14'54" W 217.81110.00 66.0041.81166.30S 63°18'29" E 151.43S 89°59'24" E 135.0042.00 66.00N 00°14'54" W 108.00 30.0051STAVE. N.321LOUISIANA AVE. N.P A R K1F e n c eF e n c eB i t u m i n o u s Hockey Boards BituminousConcrete CurbConcrete CurbConcrete CurbPlayground EquipmentAreatimbers O v e r h e a d W i r e s O v e r h e a d W i r e s O v e r h e a d W i r e sO v e r h e a d W i r e s5555510105 5F e n c e884886 884884882882884886888683.95128.88101.71 128.9025N 45°20'10" E42.00 8.6510F e n c e tree 12"885.4tree 12"885.2tree 14"884.8tree 12"885.2Adjoining Owner:City of New Hope4401 Xylon Ave. N.New Hope, MN 55428 Adjoining Owner: Clean Cut Properties 5153 Idaho Ave. N. Crystal, MN 55428 Adjoining Owner:Donald Kitzman7023 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Lori Ulick7017 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Mike & Christa McKibben7011 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Larry Carlson7005 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Steven & Karen Grotting7105 52nd Ave.. N.Crystal, MN 55428"Iron Horse Park"HydrantAdjoining Owner:Brent Juusola6919 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Michael Kurian6913 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Matthew Prow6907 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:P P Croce6901 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Jamie Haar6823 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Beth Higman6917 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:K A Bungert6811 52nd Ave.. N.Crystal, MN 55428LightPoleLightPolePowerPoleBUILDING LightPolePowerPolePowerPoleLightPolemonument signSignSignSignSignSignSignBenches on ConcreteTable on Conc.Basketball HoopBasketball Hoop2.6TNH=887.52F:\survey\jayflo subdivision - hennepin\1-2-3-4-5-1\01 Surveying - 88353A\01 CAD\01 Source\01 Survey Base.dwgF.B. No. 1109-08 inv. 88353ALots 1, 2, 3, 4 and 5, Block 1, JAYFLO SUBDIVISION, according to the recorded plat thereof, and situatein Hennepin County, Minnesota and the vacated South 16 feet of Soo Line Place lying adjacent thereto alsovacated Louisiana Avenue dedicated in said JAYFLO SUBDIVISION.Legal description and easements, if any per Title Commitment from Old Republic National Title InsuranceCompany, File No. ORTE745560, dated March 12, 2019.Total Area of Parcel = 156275 sq.ftMN 1MN 2MN 3 Legal DescriptionMiscellaneous NotesFile No.I certify that this plan, specification, or report was prepared by me orunder my direct supervision and that I am a duly Licensed LandSurveyor under the laws of the State of Minnesota.Prepared March 9, 2019.REVISED April 15, 2019.SignedGregory R. Prasch, Minn. Reg. No. 24992CITY OF CRYSTAL4141 Douglas Drive, Crystal, MN 55422PRELIMINARY PLAT PREPARED FORIRON HORSE ADDITIONPRELIMINARY PLAT MN 4PROPOSED LOT INFORMATIONProposed Number of Lots = 3Area of Lot 1, Block 1 = 14982 sq.ftArea of Lot 2, Block 1 = 10260 sq.ftArea of Lot 3, Block 1 = 8910 sq.ftArea of Right of Way dedication = 3555 sq.ftOwner and Developer:Property is in Flood Zone "X" (an area of minimal flooding) per FEMA Map No. 27053C0211F, dated November 4, 2016.ZONING CLASSIFICATION AND STANDARDS:Current and Proposed Zoning - R-1, Low Density Residential Setback Requirements per Zoning Ordinance: Main Structure OnlyFront - 30 feetInterior Side - 5 feetCorner Side Street - 10 feetRear - 30 feet (refer to City Code for more specifics)Minimum Lot Requirements:Lot Area - 6000 sq.ftLot Width - 50 feetLot Depth - 100 feetBuilding Height - 2 stories or 32 feet, whichever is lessMN 5Property located in Section 8, Township 118, Range 21,Hennepin County, Minnesota.Dimensions shown subject to change with approval of final survey.MN 67601 73rd Avenue NorthMinneapolis, Minnesota 55428(763) 560-3093DemarcInc.comPersonnel & Contact InformationParts Soo Line Place and Louisiana Ave. N. to be vacated and portion of Louisiana Ave. N. to be rededicated on final plat.MN 7Legend of Symbols and AbbreviationsDenotes Found Iron MonumentDenotes Iron Monument SetBollardLightPower PoleManholeCatch BasinDenotes Existing ContoursBasis of bearings based on County Coordinates from Hennepin CountyPrepared By:DemarcLand Surveying & Engineering7601 73rd Avenue N.Brooklyn Park, MN 55428phone 763-560-3093gregprasch@DemarcInc.comFenceOverhead WiresZoning & Development InformationMN 8City of Crystal, Hennepin County, MNBENCHMARKAttachment D5.2b CENTERLINE OF RAILROAD TRACKSCapped No. 12822NORTH LINE OF SOO LINE RAILROAD135.00N 00°14'54" W 217.81110.00 66.0041.81166.29S 63°18'29" E 151.43S 89°59'24" E 135.0042.00 66.00N 00°14'54" W 108.00 30.00N 00°14'54" W 239.24 683.95N 82°36'19" E 855.24S 00°05'47" E 129.02 S 89°59'24" E 848.9516 24 16 24 60302550 6060123LOUISIANA AVE. N.Capped No. 12822IRON HORSE PARK1Measured 856.19 Plat Measured 129.91 Plat Measured 240.60 Plat101.71 128.90258.65 50.050.0N 45°20'11" E42.00 5510 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:BEING 10 FEET IN WIDTH AND ADJOINING RIGHT OFWAY LINES AND 5 FEET IN WIDTH AND ADJOINING LOTLINES, UNLESS OTHERWISE SHOWN.NOT TO SCALE7601 73rd Avenue NorthMinneapolis, Minnesota 55428(763) 560-3093DemarcInc.comIRON HORSE ADDITIONDENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENTSET AND MARKED BY LICENSE NUMBER 24992.DENOTES FOUND 1/2 INCH IRON PIPE MONUMENTUNLESS OTHERWISE NOTED.FOR THE PURPOSES OF THIS PLAT THE NORTHLINE OF THE SOO LINE RR IS ASSUMED TO BEARNORTH 82°36'19" EASTCity Council, City of Crystal, MinnesotaThis plat of IRON HORSE ADDITION was approved and accepted by the City Council of the City of Crystal, Minnesota, at a regular meeting thereof held this______ day of _________________________, 20_____, and said platis in compliance with the provisions of Minnesota Statutes, Section 505.03, Subdivision 2. City Council, City of Crystal, Minnesota By _____________________________________________ By _____________________________________________ Mayor ClerkRESIDENT AND REAL ESTATE SERVICES, Hennepin County, MinnesotaI hereby certify that the taxes payable in _________ and prior years have been paid for land described on this plat, dated this _____ day of ______________________, 20______. Mark V. Chapin, County Auditor By _________________________________________ DeputySURVEY DIVISION, Hennepin County, MinnesotaPursuant to Minnesota Statutes, Sec. 383B.565 (1969) this plat has been approved this ______ day of _____________________, 20______. Chris F. Mavis, County Surveyor By __________________________________________COUNTY RECORDER, Hennepin County, MinnesotaI hereby certify that the within plat of IRON HORSE ADDITION was recorded in this office this _________ day of___________________, 20______, at_______o'clock_____M. Martin McCormick, County Recorder By__________________________________________DeputyI Gregory R. Prasch do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that allmathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01,Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this ____________day of ____________________, 20 ______. ___________________________________________ Gregory R. Prasch, Land Surveyor Minnesota License No. 24992STATE OF MINNESOTACOUNTY OF HENNEPINThis instrument was acknowledged before me on this ___ day of _______________________, 20____, by Gregory R. Prasch. . Signature of Notary __________________________________ (Nortary's Printed Name)_______________________________ Notary Public _____________________, County, Minnesota. My commission expires _________________KNOW ALL PERSONS BY THESE PRESENTS: That the City of Crystal, a Minnesota municipal corporation, owner of the following described property situate in the County of Hennepin, State of Minnesota, to wit: Lots 1, 2, 3, 4 and 5, Block 1, JAYFLO SUBDIVISION, according to the recorded plat thereof, and situate in Hennepin County, Minnesota and the vacated South 16 feet of Soo Line Place lying adjacent thereto also vacated Louisiana Avenuededicated in said JAYFLO SUBDIVISION.Has caused the same to be surveyed and platted as IRON HORSE ADDITION and does hereby dedicate to the public for public use forever the easements for utility and drainage purposes and the public ways as created herewith, and does herebydonate to the City of Crystal the park as shown on the plat.In witness whereof said, the City of Crystal, a Minnesota municipal corporation, has caused these presents to be signed by its proper officer this _______ day of ____________________, 20____. CITY OF CRYSTAL By _____________________________________________ , Mayor By _____________________________________________ , ClerkSTATE OF MINNESOTACOUNTY OF ________________The foregoing instrument was acknowledged before me this ______ day of __________________, 20____, by , ____________________________________ as _______________________________________________ of the City of Crystal, aMinnesota municipal corporation, on behalf of said public body._____________________________________ ________________________________________________ (signature) (printed name) Notary Public,____________________ County, Minnesota, My Commission Expires___________________C. R. DOC. No.___________________________"Plat" - Is in reference to the recorded plat ofJAYFLO SUBDIVISION.Attachment E5.2b CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2019-________ RESOLUTION APPROVING IRON HORSE ADDITION PRELIMINARY AND FINAL PLAT WHEREAS, the City of Crystal (“Applicant”) submitted an application for preliminary and final approval of a plat, which is attached hereto as Exhibit A, for the property which is legally described in Exhibit B (“Property”); and WHEREAS, the plat is named Iron Horse Addition and it creates parcels for three new single-family homes and a parcel for Iron Horse Park; and WHEREAS, the Planning Commission held a public hearing regarding the preliminary plat request on May 13, 2019 and voted to forward the application to the City Council with a recommendation that the proposed plat be approved with certain conditions; and WHEREAS, the City Planner’s report dated May 16, 2019 regarding this matter, which is attached hereto as Exhibit C, is incorporated herein and made part of this preliminary and final plat approval, except that the conditions set out below are controlling; and WHEREAS, the City Council finds that the plat is in conformance with the requirements of the City’s Unified Development Code, which is contained in Chapter V of the Crystal City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based on the record of this matter and the findings and determinations contained herein, hereby grants preliminary and final approval for the plat of Iron Horse Addition, subject to compliance with all of the following conditions of approval: 1.Overhead utilities. If the overhead utility lines on these properties are relocated or extended, the lines shall be buried underground. New private utilities, such as Xcel Energy, Center Point Energy, or Comcast shall be buried underground. Under no circumstances shall additional overhead utilities be installed, whether main lines, feeder lines or service lines to the new houses. 2.Compliance. Development of the plat is subject to the applicable requirements of the Crystal City Code. The Applicant is required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances in developing the plat and is required to obtain such other permits and permissions as may be required. Attachment F 5.2b 3.No Waiver. Failure by the City to take action with respect to any violation of any condition, covenant or term of this plat approval shall not be deemed to be a waiver of such condition, covenant, or term or any subsequent violation of the same or any other condition, covenant, or term. 4.Binding Effect. The conditions placed on this preliminary and final plat approval are binding on the Applicant, its successors and assigns, shall run with the Property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership. The obligations of the Applicant under this approval shall also be the obligations of the current and any subsequent owners of the Property. 5.Acceptance of Conditions. Utilization of the Property for any of the uses allowed by this preliminary and final plat approval shall automatically be deemed acceptance of, and agreement to, the terms and conditions without qualification, reservation, or exception. Adopted by the Crystal City Council this 21st day of May, 2019. ____________________________ Jim Adams, Mayor ATTEST: _________________________________________ Trudy Tassoni Administrative Services Coordinator 5.2b EXHIBIT A Final Plat (attached hereto) 5.2b EXHIBIT B Legal Description of the Property Lots 1-5, Block 1, Jayflo Subdivision, Hennepin County, Minnesota. 5.2b EXHIBIT C Planner’s Report (attached hereto) 5.2b DATE:May 16, 2019 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount Custom Builders Inc.Application for payment #1 for Becker Park Improvements $562,529.15 Waste Management (HRG)March recycling for two Hennepin Recycling Group locations $38,134.72 BCWMC Basset Creek Watershed Management 2019 assessment $27,877.00 Cornerstone Advocacy Service 2019 advocacy services for PD $39,096.17 LOGIS May 2019 support and service, and missed March 2019 $64,173.25 Metropolitan Council Environ Serv June 2019 waste water service costs $130,159.55 Waste Management (HRG)April recycling costs for Hennepin Recycling Group $50,321.83 $912,291.67 Description C:\Users\anorris\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\6NH9YAG1\Checks over $25000 Memo 6.1 7200 – 56TH AVENUE NORTH – CONDITIONAL USE PERMIT APPLICATION PAGE 1 OF 4 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Anne Norris (for May 21 Meeting) DATE: May 16, 2019 RE: Consider approval of a resolution for a Conditional Use Permit request from A Better Childcare for a child day care facility at 7200 – 56th Avenue North A.BACKGROUND A Better Childcare is proposing a conditional use permit (CUP) to allow a child day care facility at 7200 – 56th Avenue North. The applicant will either lease or buy the property for the day care. The property is zoned Commercial (C) and a child day care facility is a conditional use within that district (the term used in the unified development code is “nursery or preschool”). Notice of the May 13 public hearing was published in the Sun Post on May 2 and mailed to owners within 500 feet (attachment A). A hearing notice was also sent to the City of New Hope since the property is adjacent to the New Hope/Crystal boundary line. Attachments: A.Site location and public hearing mailing notice map B.Zoning map C.2030 Planned Land Use Map D.Photos of existing property E.Project narrative F.Public comment G.Site and floor plan (2 sheets) H.Resolution B.PROPOSED CONDITIONAL USE Property History The existing 3,444 square foot buildin g was constructed in 1966 as a “food and dairy store” (similar to today’s convenience stores). The property was most recently used as a COUNCIL STAFF REPORT Conditional Use Permit for 7200 – 56th Avenue North 6.2 7200 – 56TH AVENUE NORTH – CONDITIONAL USE PERMIT APPLICATION PAGE 2 OF 4 liquor store. In 2013 the City Council approved a CUP to allow an eight-foot tall screening fence that was two feet over the maximum height of six feet. Surrounding Uses The following are the existing land uses and zoning districts surrounding this property: North – Single family homes zoned Low Density Residential (R-1) East – Restaurant in New Hope zoned Community Business (CB) West – Single family homes zoned R-1 South – Across 56th Avenue, commercial businesses in New Hope zoned CB Proposed Conditional Use The existing building will be used for a child day care facility. The applicant is not proposing to enlarge the building or increase the size of the parking lot pavement. The floor plan (attachment G) shows four classrooms, an office and a kitchen. The day care will have a maximum of 50 children under the age of 12, with six full-time and one part- time staff members. The day care will be open from 6:30 AM to 6 PM, Monday through Friday. Conditional Use Permit Criteria The following are the relevant criteria for approval of conditional use permits in City Code section 510.19: (a)The proposed use has been approved as a conditional use in the zoning district for which it is proposed. Findings: Child day care facilities are a conditional use in the Commercial zoning district. (b)The conditional use will be in accordance with the general objectives, or with any specific objective, of the city’s Comprehensive Plan and the Unified Development Code (UDC). Findings: On the 2030 Planned Land Use map, the properties are guided as Neighborhood Commercial, which is described as “small-scale commercial uses embedded within or adjacent to residential areas ”. The proposed day care facility is in conformance with this land use designation. Prior to the 2018 zoning code update, this property was zoned as Neighborhood Commercial, but it was rezoned to Commercial with that update. (c)The conditional use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. Findings: The property is located on the edge of a commercial area that transitions into a residential area. Since 1966 the commercial building has 6.2 7200 – 56TH AVENUE NORTH – CONDITIONAL USE PERMIT APPLICATION PAGE 3 OF 4 existed at this location and since the building and parking lot will not be enlarged with the proposed day care use, the character of the vicinity will not change. (d)Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate negative impacts on nearby uses. Findings: The proposed use is not expected to generate unusual noise impacts, but the existing eight-foot tall wooden fence will serve to screen outdoor use of the day care facility. Hours of operation will be similar to other commercial uses in the area. No new exterior lighting is proposed for the property. (e)Parking is adequately provided f or the proposed conditional use. Findings: According to UDC requirements 15 parking spaces are required for this use. The site plan provides 25 spaces. (f)In the approval of a conditional use permit, the City Council may impose such conditions as it determines is necessary to make the use compatible with other uses allowed in the same district zone or vicinity. Findings: The proposed conditions of approval for the CUP are found in section C of this staff report. Use Specific Standards The following is the relevant use specific standard in City Code Section 515.19, Subd. 7 for approval of child day care facilities, followed by staff’s findings of the standard. 1)The facility is served by arterial, collector, or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. Findings: In the 2030 Comprehensive Plan 56th Avenue is identified as a minor arterial street. There is an existing sidewalk along 56th Avenue. Notable Site Plan Elements The following is a description of notable site plan elements: 1)Parking. According to UDC requirements 15 parking spaces are required for this use. The site currently contains 19 parking spaces. The applicant will have the existing pavement behind the building striped for six employee parking spaces, bringing the number of spaces on the property to 25. 2)Child pick up and drop off. The applicant is proposing to have children picked up and dropped off directly in front of the building entrance facing 56th Avenue North. Child drop off will occur between 6:30 and 8:3 0 AM and pick up will occur between 4:00 and 6:00 PM. The city’s public works director, the police department, and West Metro Fire Rescue District have reviewed this child pick up and drop off plan and found it adequate to meet vehicle movement within th e site, including fire trucks. 6.2 7200 – 56TH AVENUE NORTH – CONDITIONAL USE PERMIT APPLICATION PAGE 4 OF 4 With the low number of children attending this day care, traffic impacts to the area are not expected to be noticeable. 3)Pedestrian connections. There is an existing public sidewalk along 56th Avenue North. 4)Screening. There is an existing wooden fence along the property lines adjacent to the residential homes. There will be new no rooftop mechanical to screen. Refuse containers will be stored in a shed in the back of the property. 5)Exterior lighting. The applicant is not proposing to add exterior lighting to the property. C.REQUESTED ACTION At the May 13, 2019 Planning Commission meeting the Commission unanimously recommended approval of the CUP by a vote of nine to zero to allow A Better Childcare to operate a child day care facility at 7200 – 56th Avenue North. This recommendation is subject to the following conditions of approval: 1.Compliance. This conditional use permit is subject to the applicable requirements of the City Code, and the applicant is required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and is required to obtain such other permits and permissions as may be required. 2.No Waiver. Failure by the city to take action with respect to any violation of any condition, covenant or term of this conditional use p ermit shall not be deemed to be a waiver of such condition, covenant, or term or any subsequent violation of the same or any other condition, covenant, or term. 3.Revocation. The violation of any terms or conditions of this conditional use permit including, but not limited to, any applicable federal, state, or local laws, rules, regulations, and ordinances, may result in revocation of the conditional use permit. The applicant shall be given written notice of any violation and reasona ble time, as determined by the city, to cure the violation before a revocation of the permit will occur. 4.Binding Effect. This conditional use permit, and the conditions placed on it, are binding on the applicant, their successors and assigns, shall run with the property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership, until the conditional use permit is terminated or revoked as provided herein. The obligations of the applicant under this conditional use permit shall also be the obligations of the current and any subsequent owners of the property. 5.Acceptance of Conditions. Utilization of the property for any of the uses allowed by this conditional use permit shall automatically be deemed acceptance of, and agreement to, the terms and conditions of this conditional use p ermit without qualification, reservation, or exception. City Council motion is requested to approve the proposed resolution (attachment H). 6.2 Site Location and Public Hearing Notice Mailing Map 7200 – 56th Ave. N 4141 Douglas Dr. N. Crystal MN 55422 Attachment A 6.2 Zoning Map 7200 – 56th Ave. N 4141 Douglas Dr. N. Crystal MN 55422 Attachment B 6.2 2030 Planned Land Use Map 7200 – 56th Ave. N 4141 Douglas Dr. N. Crystal MN 55422 Attachment C 6.2 Attachment D 6.2 6.2 6.2 Conditional Use Permit Application Checklist Below please find the correspondences for question one on the conditional use permit project narrative. a)7200 Bass Lake Rd is part of the C zoning district. b)7200 Bass Lake Rd is currently vacant but was previously used as a liquor store. c)We propose the property be used as a childcare center. We will operate Monday through Friday between the hours of 6:30 a.m. and 6 p.m. We hope to have 8 infants between the ages of 6 weeks and 16 months, 12 toddlers between the ages of 16 months and 32 months, 18 preschoolers between the ages of 32 months and Kindergarten, 12 school-age children. The exact child count will be determined by licensing. Our plan has present occupancy based on the room dimensions. d)Our proposed use of a childcare center is allowed in the C zoning district. e)The city’s comprehensive planned land use map shows 7200 Bass Lake Rd as general commercial. We would meet this accordance because we are a business. We will be reusing the building for a new purpose. Our childcare center will not negatively impact the neighboring community or businesses. 7200 is a free-standing building located on a corner. The neighboring area is protected in a variety of ways which include an 8-foot wood fence, we feature our own parking lot with ample parking. Our parking lot is not shared with any other business. Parent drop off and pick up will be located in the front parking lot where parents will enter the main entrance to drop off and pick up which prevents any congestion or traffic which could impact neighboring businesses. We will post signage and inform parents that pick up and drop off parking is located in the front of the building. f)We will operate as an affordable childcare center. The existing building will be built out to include four classrooms. We plan to add a fenced in playground area in the rear of the building. The exterior of the building structure will not change and will remain harmonious. The only change to the outside will be the play area which will be added in the rear. g)Our hours of operation will be Monday through Friday from 6:30 a.m. to 6 p.m... Children will be allowed to play outside between the hours of 9-9:30 which allows for 15 minutes for each group of children. Children will then be given 30 minutes of recess for each room between the hours or 11:30 and 12:30. Finally, children will have the opportunity to play between the hours of 4:30 to 5. The space currently has an 8-foot fence that separates 7200 from the business next to it as well as the residence located behind it. This fence along with the trees and hedges will help to lower the noise of the children at play. One classroom of children will be allowed on the playground at a time for a designated amount of time listed between the times above. h)There are 15 parking spaces located in the front of the building which will be used for parent drop off and pick up. The city requires 10 spaces for a childcare center. There are also 6 additional spaces located in the rear which will be used for staff parking. i)There are two specific standards in the city code section 515. One is side set back which is met in the commercial district. The other is 56th Ave is a minor arterial. Attachment E 6.2 Response to CUP changes/additional information needed 1.The shed located on the side of the building will be 7 feet or less, feature a fence behind it and will be 3 feet from the property line fence. 2.The property owner will be striping the six parking stalls located in the rear for staff parking. 3.There will be no additional exterior lights added. We are more than adequately lite with the existing LED lights. 4.As for trash purposes we will have 3 95-gallon trash containers and one recycling container which will be stored in a small pre-fabricated garden shed. Trash and Recycling will be picked up once a week. 5.It is yet to be determined if a new rooftop unit will be needed. We currently have two units that are centrally located on the roof. The need for a third unit will be decided by the design mechanics and we will investigate screening for any new unit we provide at that time. 6.No new trees will be added and the only landscaping that will be done is for the safety base and playground area to make the ground safe for children. 6.2 1 Dan Olson From:MELODIE HANSON <mhanson504@comcast.net> Sent:Tuesday, April 30, 2019 10:10 AM To:Dan Olson Subject:RE: Land Use Application 2019 - 05 Thank you, Dan. As a neighboring resident, I do not have any objections to this land use application permit. Thank you for sharing with neighboring residents. Melodie On April 30, 2019 at 8:16 AM Dan Olson <Dan.Olson@crystalmn.gov> wrote: Hi Melodie – Thanks for your questions.   The answers are in red, below.  If you have any other  questions, let me know.   Dan Olson City Planner, City of Crystal 763-531-1142 | Main: 763-531-1000 | www.crystalmn.gov 4141 Douglas Dr. N. | Crystal, MN 55422-1696  From: MELODIE HANSON [mailto:mhanson504@comcast.net]   Sent: Tuesday, April 30, 2019 3:51 AM  To: Dan Olson <Dan.Olson@crystalmn.gov>  Subject: Land Use Application 2019 ‐ 05  Dear Dan: Attachment F 6.2 2 I received the Public Hearing Notice for Land Use Application 2019-05, A Better Childcare. Could you advise the following, if known: a) Hours of Operation 6:30 am to 6:00 pm, Monday through Friday. b) Childcare capacity proposed (number of children to be served at this proposed site). The applicant has said the capacity is 50 children. Thank you, Melodie Hanson 5624 Nevada Ave N Crystal, MN 55428 763-291-8413 6.2 EXISTING 8'-0" HIGH CEDAR BOARD FENCE EXISTING 8'-0" HIGH CEDAR BOARD FENCE NEW 6'-0" HIGH CHAIN LINK FENCE NEW 1,500 SF PLAY GROUND NEW PLAYGROUND STORAGE SHED- MIN. 3' FROM PROPERTY LINE (6) NEW STAFF PARKING SPACES (15) EXISTING PARKING STALLS TRASH ENCLOSURE TO BE PRE-FAB STORAGE SHED NEW 6'-0" HIGH CHAIN LINK FENCE DATE:SHEET NO: BASS LAKE CHILDCARE 7200 BASS LAKE ROAD CRYSTAL, MN SITE-01Rev1 24 APR 2019 PROJECT:PROPOSED CHILDCARE PLAYGROUND 6730 151st STREET SAVAGE, MN 55378 PH: 952-240-7050 WWW.CREADORARCH.COM Attachment G 6.2 6.2 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2019- _______ RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CHILD DAY CARE FACILITY WHEREAS, A Better Childcare (“Applicant”) submitted an application to the City of Crystal (“City”) for a conditional use permit to allow a child day care facility at 7200 – 56th Avenue North in Crystal, which is legally described in Exhibit A (“Property”); and WHEREAS, the Planning Commission held a public hearing regarding the Applicant’s request on May 13, 2019 and voted to forward the application to the City Council with a recommendation that the requested conditional use permit be approved with certain conditions; and WHEREAS, the City Planner’s report dated May 16, 2019 regarding this matter, which is attached hereto as Exhibit B, is incorporated herein and made part of this conditional use permit, except that the conditions set out below are controlling; and WHEREAS, the City Council finds that the conditional use permit as recommended by the Planning Commission would be in compliance with the applicable rules and regulation s of the Crystal City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based on the record of this matter and the findings and determinations contained herein, hereby approves and issues a conditional use permit to allow a child day care facility on the Property subject to compliance with the Crystal City Code and all of the following conditions of approval: 1.Compliance. This conditional use permit is subject to the applicable requirements of the city code, and the applicant is required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and is required to obtain such other permits and permissions as may be required. 2.No Waiver. Failure by the City to take action with respect to any violation of any condition, covenant or term of this conditional use permit shall not be deemed to be a waiver of such condition, covenant, or term or any subsequent violation of the same or any other condition, covenant, or term. 3.Revocation. The violation of any terms or conditions of this conditional use permit including, but not limited to, any applicable federal, state, or local laws, rules, regulations, and ordinances, may result in revocation of the conditional use permit. The applicant shall be given written notice of any violation and reasonable time, as determined by the City, to cure the violation before a revocation of the permit will occur. Attachment H 6.2 4.Binding Effect. This conditional use permit, and the conditions placed on it, are binding on the applicant, their successors and assigns, shall run with the property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership, until the conditional use permit is terminated or revoked as provided herein. The obligations of the applicant under this conditional use permit shall also be the obligations of the current and any subsequent owners of the property. 5.Acceptance of Conditions. Utilization of the property for any of the uses allowed by this conditional use permit shall automatically be deemed acceptance of, and agreement to, the terms and conditions of this conditional use permit without qualification, reservation, or exception. Adopted by the Crystal City Council this 21st day of May, 2019. ____________________________ Jim Adams, Mayor ATTEST: ________________________________________ Trudy Tassoni Administrative Services Coordinator 6.2 EXHIBIT A Legal Description of the Property Lot 1, Block 1, P.D.Q. Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota; and 6.2 EXHIBIT B Planner’s Report (attached hereto) 6.2 3501 DOUGLAS DRIVE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 1 OF 11 __________________________________________________________________________ FROM: Dan Olson, City Planner __________________________________________________________________________ TO: Anne Norris (for May 21 Meeting) DATE: May 16, 2019 RE: Consider first reading of an ordinance rezoning the property at 3501 Douglas Drive North to Planned Development for a proposed specialized care facility A. INTRODUCTION A-1 Reliable Home Care, a for-profit company that provides health care services, is proposing to construct a new specialized care facility on property they are proposing to purchase at 3501 Douglas Drive North, which contains six separately platted lots. The portion of the property facing Douglas Drive is zoned Commercial (C), while the rear of the property is zoned Low Density Residential (R-1). Specialized care facilities are a permitted use in the Commercial zoning district. The applicant is proposing to consolidate the lots into one parcel and rezone the property to Planned Development (C - PD). Notice of the April 8 public hearing was published in the Sun Post on March 28 and mailed to the same property owners who received the neighborhood notice (attachment A). On May 13 the Planning Commission adopted a resolution recommending denial (attachment H). Staff Report Attachments: A. Site location and neighborhood notice mailing map B. Existing zoning map C. 2030 Comprehensive Plan planned land use map D. Applicant’s project narrative E. Public comments F. Letter from A-1’s attorney relating to city’s rezoning decision G. Site plan (23 sheets) H. Resolution adopted by the Planning Commission recommending denial I. Proposed Council resolution for approval (staff recommendation) J. Proposed rezoning ordinance for approval (staff recommendation) K. Proposed Council resolution for denial (Planning Commission recommendation) COUNCIL STAFF REPORT Proposed Specialized Care Facility 3501 DOUGLAS DRIVE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 2 OF 11 Staff Report Organization Section Page Number(s) Information Provided B. Background Pages 2-6 Neighborhood meeting Existing use Surrounding land uses Conformance to Comprehensive Plan C. Proposed Specialized Care Facility Pages 6-10 Proposed use Facility operational characteristics and requirements Facility site plan elements D. Rezoning to Planned Development Page 10 Rezoning to C-PD E. Requested Action Pages 10-11 Planning Commission action Staff recommendation Requested City Council action B. BACKGROUND Neighborhood Meeting The applicant held a neighborhood meeting on February 28, 2019, which was attended by 21 area residents, one city staff, one City Council member, and three Planning Commission members (one of whom lives within the neighborhood notice area). The purpose of the meeting was to provide information on the proposed project to property owners near the facility. Attendees asked questions about how A-1 will operate the facility, their state licensing requirements, and types of residents the facility will serve. Attachment E are public comments received for this proposed development after the neighborhood meeting. Existing Use The site contains two existing buildings, with an associated surface parking lot: 3501 Douglas Dr N. The property contains an existing 8,300 square foot (approximately 4,000 square feet per floor) office building constructed in 1965. 3505 Douglas Dr N. The property contains a single-family home, constructed in 1948, which is currently vacant. The home had previously been rented out for residential purposes. Surrounding Land Uses The following are the existing zoning districts and land uses surrounding A-1’s proposed site: 3501 DOUGLAS DRIVE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 3 OF 11 North. Directly north of the subject property is vacant land zoned Low Density Residential (R-1) and guided as “Neighborhood Commercial” in the Comprehensive Plan. Directly north of this vacant property across Bassett Creek is a commercial building with an associated surface parking lot zoned Commercial. East. Across Douglas Drive are single-family homes zoned R-1 and an eight-unit residential condominium building zoned Medium Density Residential (R-2). West. Across the unimproved Edgewood Avenue right-of-way is a mixture of vacant lots and single-family homes zoned R-1. South. Directly south of the existing office building is a vacant property owned by the city’s Economic Development Authority (EDA) that is zoned Commercial. South of the EDA property is an eight-unit townhome development that is zoned R-2. Conformance to Comprehensive Plan According to the city’s 2030 Comprehensive Plan, the site has two designations on the planned land use map (attachment C): Neighborhood commercial. The portion of the site facing Douglas Drive has this commercial designation, which is described as “small-scale commercial uses embedded within or adjacent to residential areas”. Prior to the 2018 zoning code update, these properties were zoned as Neighborhood Commercial, but they were rezoned to Commercial with that update. Medium density residential. The portion of the property behind the existing office building has this residential designation. According to the Comprehensive Plan, the site is also designated as a redevelopment area called Special Area Plan B. This area extends along Douglas Drive from 27th to 36th Avenues. The plan states that no plat approval, rezoning, conditional use permit, site plan approval, or other similar city approval shall be granted by the City Council for any structure, use or subdivision of land in this area unless it is fully consistent with the following guidelines. Staff response to each of these guidelines as it relates to A-1’s proposal is provided below: 1. Development shall be consistent with the density limits established for the residential uses shown on the 2030 Planned Land Use map. If a development site includes areas guided for different densities, the developer may request that the city average the guided density on a pro-rated basis over the entire site. However, the city may require the developer to conform to each guided density instead of a pro-rated average. Staff response: This guideline is not applicable to A-1’s proposal since the development is for an institutional use, not a residential use that is subject to density requirements. 2. Development shall not reduce the development potential of other parcels by impeding access or leaving undeveloped any adjacent small, isolated, difficult-to- develop parcels. 3501 DOUGLAS DRIVE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 4 OF 11 Staff response: As shown below, there are three vacant platted parcels adjacent to A-1’s proposed site that have access challenges. These three parcels are addressed as 3443, 3449, and 3455 Edgewood. The property at 3443 Edgewood is owned by the city’s Economic Development Authority (EDA). The properties at 3449 and 3455 Edgewood are owned by the same private party. The three properties are located adjacent to the Edgewood Avenue street right- of-way. Because of grade differences which make installing street and utility infrastructure difficult, Edgewood has not been constructed north of 34th Avenue. A-1’s proposed development does not create or add to the challenge of providing access to these three lots. 3. Development shall include additional right-of-way for Douglas Drive or other public streets as necessary to preserve and enhance the transportation system.   Staff response: No new public streets are proposed for A-1’s development. Since Douglas Drive is under Hennepin County’s jurisdiction, only they have the authority to request additional street right-of-way. The County will have the opportunity to provide preliminary comments on the final plat for the lot consolidation application. At that time the County may request additional street right-of-way but since the proposed building is located approximately 126 feet from the property line along Douglas Drive, this request would not affect the location of the proposed building. 3501 DOUGLAS DRIVE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 5 OF 11 4. Development shall preserve an open space corridor along Bassett Creek for the purposes of flood prevention, open space preservation and a possible future public trail. Staff response: This guideline is not applicable to A-1’s proposed development since Bassett Creek is not located within the site boundaries. However, the Bassett Creek Watershed Management Commission requires that the applicant receive approval of their stormwater management plan. The watershed commission’s application process works to ensure there are not negative impacts to Bassett Creek. 5. Development shall be compatible with adjacent land uses and systems, including but not limited to issues of traffic, parking, noise, buffering, screening, impervious coverage, building size, form and materials. The preferred residential development style would be townhomes or similar structures where each unit has a private entrance instead of apartment-style buildings where residents share a common entrance. Staff response: The proposed development is to add an institutional building behind an existing office building and reconfigure the surface parking lot. The following is a description of potential impacts, as listed above, on adjacent land uses for this development: Traffic. Douglas Drive is a county road classified as a minor arterial street in the city’s Comprehensive Plan. These roadways are designed to provide a balance between traffic flow and access connections from local streets. According to traffic volume forecasts completed by the County in 2016, average daily traffic volumes for this stretch of Douglas are projected to increase to 8,350 vehicles per day in 2040. This forecast volume would be 60% of the roadway’s design capacity of 15,000 vehicles per day. The addition of this facility will not cause the roadway to exceed design capacity. In addition, the only traffic to and from the proposed facility will be employees and visitors to the property, not the residents themselves. Parking. The applicant is reconfiguring the existing parking lot to provide the required number of parking spaces for the existing and proposed buildings. Further information about the parking plan is found in section C. Noise. The proposed secure facility is not expected to generate excessive noise. There are no windows in the building facing the homes to the west. Buffering/screening. The applicant is installing landscaping to screen the parking lot. There will be no rooftop mechanical to screen. Further information about the screening plan is found in section C. Impervious coverage. The site currently has 49% of impervious coverage (buildings, parking lot, driveways, and sidewalks). This is being reduced to 41%. The maximum permitted impervious surface for this development is 85%. Building size, form and materials. The proposed three-story 40’ tall building meets the city’s height limit of 60’ or 5 stories, whichever is less, for the proposed underlying Commercial zoning district. The building will be located in a lower elevation of the site, giving the appearance of a shorter height as viewed from the residential properties to the west. The building is 3501 DOUGLAS DRIVE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 6 OF 11 oriented to have its main entryway face north, away from residential uses. The building is designed to be compatible with the existing office building and will be constructed using exterior brick and fiber cement lap siding, with an aluminum material as an entryway accent. 6. Certain office-type commercial uses may be compatible in areas guided Medium Density Residential or High Density Residential adjacent to Douglas Drive. In no event shall a commercial use be permitted that is found to be incompatible with adjacent land uses. Staff response: There are single-family homes located west of A-1’s site and east across Douglas Drive. These homes have co-existed with the office building on this property since 1965 when the building was built. This property is large enough to accommodate an additional commercial (institutional) building that meets the city’s zoning requirements, such as building setbacks and height, parking, and lot coverage. Compatibility of this proposed use with the neighborhood is discussed in 5, above. 7. The city reserves the right to deny any application for development that it determines to be incompatible with these guiding principles or any other part of the Comprehensive Plan. Staff response: As discussed in this section, A-1’s proposed specialized care facility meets these guidelines. C. PROPOSED USES Address Proposed use 3501 Douglas Dr N (existing) The existing office building will remain as an office for A-1 and other tenants. As A-1’s business grows it may ultimately use the whole building. 3503 Douglas Dr N (new) The applicant is proposing to construct a new three-story, 40’ tall, 20,000 square foot specialized care facility*. Each floor, including the basement, contains approximately 5,000 square feet. 3505 Douglas Dr N (existing) This single-family home will be used by A-1 as rental housing for their employees. *Specialized Care Facility is defined in the UDC as “Any facility where the primary function is the provision, on a continuing basis, of nursing services and health-related services for treatment and in-patient care, such as nursing homes, assisted living facilities, memory care facilities, and hospices. This does not include senior housing or the residence of any individual who cares for another family member.” 3501 DOUGLAS DRIVE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 7 OF 11 Specialized Care Facility Operational Characteristics and Requirements Attachment D describes the proposed facility, which will house individuals with brain injuries and those with diagnosed mental health conditions. The table below provides a summary of the different government entities that will regulate this facility. Government entity How facility is classified Relevant regulations Summary of regulations City of Crystal – Planning Specialized care facility Unified Development Code (UDC) Zoning requirements such as parking, building setbacks, and landscaping City of Crystal – Building Inspections Institutional (I-2) State Building Code City enforces building and fire code regulations for the construction of A-1’s facility. After construction staff recommends that A-1 be required to obtain a rental license with an annual property maintenance inspection. MN Dept. of Health A-1 is licensed as a Comprehensive Care Provider; facility would be registered as Housing with Services State Statute 144D The license requirement provides for periodic review of A-1’s programs. The State registers the facility but does not inspect it. The applicant has provided details about the day-to-day operations of the proposed facility in attachment D. The applicant is licensed by the State of Minnesota as a Comprehensive Care Provider, which requires state oversight of the programs offered by the applicant. The Housing with Services registration allows the state to track the location of facilities offering services. Neither the licensure nor the registration includes a state inspection of the facility. The applicant has provided five examples in attachment D of larger facilities in Hennepin County that they believe are similar to the proposed A-1 facility in Crystal. Staff has contacted these facilities to determine if they are regulated as Housing with Services by the State of Minnesota, and has been able to confirm that four of the five examples are not regulated as a Housing with Services facility. Staff was unable to speak with someone about a fifth facility, American Indian Community Development in Minneapolis. The following is further information of two notable operational issues: 3501 DOUGLAS DRIVE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 8 OF 11  Building security. The building will have four security personnel who will staff the building on rotating shifts, and at least one will be on site at any given time. The Crystal Police Chief has reviewed this security information in attachment D and found it adequate. If the facility requires an excessive number of police calls, there is a provision in City Code (Disorderly Properties) that allows the city to take corrective action, as for any property in the city. Staff recommends as a condition of approval that A-1 retain qualified security personnel for the facility.  Building inspections. As noted above, the State of Minnesota would not conduct inspections of the facility. Staff recommends a condition of approval of the rezoning to C-PD that the applicant secure a rental license for this facility in the same manner as a 30-unit apartment building. As part of the license city staff will complete an annual property maintenance inspection of the facility. The West Metro Fire Rescue District (WMFRD) has reviewed this proposal and has provided information to the applicant relating to building and fire codes they will be required to adhere to for the facility. Facility Site Plan Elements The properties included in the Planned Development consists of six platted lots. The applicant has submitted a lot consolidation application that will replat these lots into one parcel. According to the UDC a lot consolidation application is approved by the City Council without the need for a public hearing. The following are the notable site plan elements for the proposed building:  Building setbacks. The proposed building meets setback requirements in the proposed underlying Commercial district. The proposed building is not located in a drainage or utility easement.  Front property line: 126’ (requirement is 30’)  South property line: 169’ (requirement is 10’)  North property line: 149’ (requirement is 10’)  Rear (west) property line: 30’ (requirement is 30’ since the building fronts on the Edgewood Avenue right-of-way)  Parking. The applicant is proposing to reconfigure the existing parking lot, which contains 75 parking spaces. The number of required spaces based on the requirements for all three buildings is 29, and the number of spaces provided in the new parking lot is 43.  Stormwater management and erosion control measures. The applicant has provided a stormwater management plan which provides for a stormwater infiltration basin north of the proposed parking lot. Due to the scope of the project, the stormwater plan is subject to review and approval by the Bassett Creek Watershed Management Commission. This review and approval has been made a condition of approval of the rezoning to C-PD. The percentage of impervious surface on the property will be reduced from 49% to 41%. During building construction, the city will require erosion control techniques to be used on-site including silt fences, inlet protection, rock construction entrance, and erosion control blankets.  Utilities. The proposed building will connect with existing water and sanitary sewer mains. It will have two water connections; one in Douglas Drive and another in the 3501 DOUGLAS DRIVE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 9 OF 11 Edgewood Avenue right-of-way. This will provide two alternate sources of water for this health care facility. Existing overhead utilities are located along Douglas Drive and along the west side of the property. These utilities will be located in drainage and utility easements that are dedicated with the new lot consolidation plat. If those lines are relocated or extended, then the lines and extensions must be buried underground. New private utility services to the proposed building, such as Xcel Energy, Century Link and Comcast, will be buried underground. Access and circulation. The city’s Public Works department and the West Metro Fire Rescue District staff have reviewed this traffic circulation plan and found it adequate to meet vehicle movement into and within the site, including fire trucks. The applicant has provided a traffic circulation plan (attachment F) that shows how larger vehicles, such as garbage or delivery trucks, will enter and exit the property. Traffic to and from the facility is discussed in section B, above. Building elevations. The proposed major exterior building material is brick veneer and fiber cement lap siding, with an aluminum material as an entryway accent. These materials meet the city’s requirements. A color rending of the proposed building is attachment F. There are no windows facing the single-family homes to the west of the property. Landscaping. The landscape plan shows 10 existing trees to be removed to accommodate the proposed building. The site plan calls for 36 new trees to be planted: “northern catalpa”, “swamp white oak”, “coffee tree”, “American sycamore”, “redbud”, serviceberry”, “black hills spruce”, “red pine”, “Norway spruce”, and “douglas fir”. The applicant proposes to plant four varieties of shrubs, including those that will screen the proposed building foundation from street view. Screening. There is an existing dumpster enclosure on the property which the applicant will replace with a new enclosure. The applicant is proposing an outdoor recreational area for the residents on the south side of the building. This area will be screened and secured using a combination of landscaping, retaining wall, and an 8-foot tall chain-link fence. Exterior Lighting. There are three existing light poles in the parking lot. These light poles will be replaced with five new light poles in the reconfigured parking lot. There will be three exterior lighting fixtures on the proposed building: two on the north side of the building and one on the west side near the outdoor recreational area. This lighting meets the city’s requirements. Pedestrian connections. There is an existing sidewalk along Douglas Drive that allows for pedestrian connections to the existing office building. Pedestrian access will be provided between the existing and proposed buildings. D. REZONING TO PLANNED DEVELOPMENT (C - PD) The applicant is requesting that the consolidated properties be rezoned to Planned Development (C - PD), which allows some flexibility in zoning requirements when planning campus-type land uses. The main reason for the rezoning request is to allow more than one principal building on the property, which is not allowed in any of the city’s base zoning districts. The underlying zoning for the property would be Commercial. 3501 DOUGLAS DRIVE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 10 OF 11 The proposed development is 1.89 acres in size. The minimum lot size for a PD is 2 acres, but the UDC provides an exception to this requirement if at least one of three criteria are met. The relevant criteria that is met by this development is as follows: Criteria: The property is located in a transitional area between different land use categories or it is located on an arterial street as defined in the Comprehensive Plan. Staff response: As described in section B of this staff report, A-1’s site is located in Special Area Plan B, which is a redevelopment area transitioning some of the properties facing Douglas from a low or medium density residential use to a higher density or commercial use. In addition, Douglas Drive is defined as a minor arterial street in the Comprehensive Plan. E. CITY COUNCIL ACTION REQUESTED 1. Approval with Conditions (staff recommendation) Based on the findings of fact in the resolution in attachment I, staff recommends approval of the rezoning to Planned Development with the following conditions of approval: 1. Site Plan. The development shall be constructed according to the site plan in attachment F. Prior to disturbing the site, the applicant shall: a. Receive approval by the City Council of lot consolidation and easement vacation applications to combine the applicant’s six properties at 3449, 3501, and 3505 Douglas Drive and 3442, 3456, and 3500 Edgewood Avenue into one parcel, vacate drainage and utility easements, and provide new easements on the final plat document. b. Receive approval of the stormwater management plan by the Bassett Creek Watershed Management Commission. c. Sign a site improvement agreement with the city and provide an escrow to guarantee installation of the parking lot, infiltration basin, and landscaping plan. 2. Security personnel. The applicant shall retain qualified security personnel who are employed by a private or public security company for the building at 3503 Douglas Drive, with one such person on site at any given time. 3. Rental licensing and inspections. Before A-1 receives a certificate of occupancy from the city for the specialized care facility, they shall secure a rental license from the city and renew this license annually as required by the city. The required rental licensing shall be the same as for a 30-unit multiple-family apartment dwelling which includes an inspection to verify that the facility meets the property maintenance regulations of Crystal City Code Section 425, as may be amended by the City Council. 4. Building permit. The applicant shall apply for a building permit for the proposed building within one year from the date of City Council decision. 3501 DOUGLAS DRIVE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 11 OF 11 The applicant may request a one-year extension from the City Council of this deadline date. City Council Actions for Approval* Motion to adopt the resolution for approval with conditions (attachment I) Motion to approve first reading of the rezoning ordinance (attachment J)** *A two-thirds vote of the Council (5 Council members) is necessary to approve a rezoning from a residential classification to a commercial classification. This would apply to both the resolution and the ordinance. **If the Council approves first reading, then second reading of the rezoning ordinance would be considered at a future regularly scheduled Council meeting in which the lot consolidation and easement vacation requests would also be considered. 2. Denial (Planning Commission recommendation) At the April 8, 2019 Planning Commission meeting, the Commission held the public hearing and heard testimony from several Crystal residents (attachment E). After the hearing was closed, the Commission voted 5-2 to recommend denial of the rezoning request and continue the item until the May 13th meeting so that city staff and the city attorney could prepare findings of fact for the denial. At the May 13, 2019 Planning Commission meeting, the Commission unanimously adopted a resolution recommending denial (attachment H). City Council Actions for Denial Motion to adopt the resolution for denial (attachment K) Site Location and Neighborhood Notice Mailing Map 3501 Douglas Dr. N 4141 Douglas Dr. N. Crystal MN 55422 ƚƚĂĐŚŵĞŶƚ Zoning Map 3501 Douglas Dr. N 4141 Douglas Dr. N. Crystal MN 55422 Attachment B 2030 Comprehensive Plan Map 3501 Douglas Dr. N 4141 Douglas Dr. N. Crystal MN 55422 Attachment C ““You r w e l l -b u i l t p roj e c t b e g i n s a n d e n d u re s on F i rm Grou n d ” Firm Ground Architects & Engineers Inc. 612.819.1835 275 Market Street, Suite 368 info@firmgroundae.com Minneapolis, Minnesota 55405 www.firmgroundae.com | Follow us on March 11, 2019 Project Narrative for rezoning to Planned Unit Development Properties: 3501, 3505, 3449 Douglas Drive N; 3442, 3456, 3500 Edgewood Ave N The applicant is seeking to rezone the above referenced properties to a PUD in order to utilize the site for her intended use as a supportive care facility. The narrative below seeks to satisfy the items listed in the Rezoning to Planned Development Application Checklist. It should be noted that the applicant has completed a separate Lot Consolidation application in order to re-plat the site as one property. a. What is the existing zoning district for the property? The parcels at 3449 and 3501 Douglas Drive N are currently zoned C-commercial whereas the remaining four parcels are zoned residential R-1. b. What is the existing use for the property? The two properties fronting Douglas Drive are used for an existing professional office building and subsequent parking for those offices. There is a single-family home located on the 3505 Douglas parcel. c. What is the proposed use(s) for the property? The applicant intends to retain the existing office building and complete an interior tenant improvement for future office use for her business as well as office space renters. She also intends to retain the single- family home for her business as well. The proposed new use for the site is a 30-unit, 3 story supportive housing facility for developmentally disabled and mental health care residents. Please refer to the site plan for the proposed location of the new building. The full-service facility will provide 24-hour care and supervision of the residents in a structured setting. Secured outdoor amenity space is also proposed for resident programming. This setting is licensed by the Minnesota Department of Health (MDH) as a “Comprehensive Care Provider,” and will be a registered housing with services facility with MDH. d.Does the Planned Development (PD) meet the minimum lot area requirement of 2 acres? If not, describe how the development meets the exception criteria of City code section 515.13, Subd. 3. The combined area of the properties in question is 1.935 acres. Item (3) in 515.13, Subd. 3 applies to the properties in question: It is a transitional area between commercial use at the corner of 36th Ave & Douglas Dr N and residential uses immediately to the South. Additionally, the applicant properties are located on an arterial corridor. $WWDFKPHQW' Firm Ground Architects & Engineers Inc. 612.819.1835 275 Market Street, Suite 368 info@firmgroundae.com Minneapolis, Minnesota 55405 www.firmgroundae.com | Follow us on e. Describe how the development meets all or some of the purposes of the PD overlay district (City code section 515.13, Subd. 1) The proposed building and site usage will meet several of the items listed in the above referenced City code section. The site contains aesthetically pleasing natural features including a slope up to the residential properties to the West. This slope is heavily vegetated with trees and our proposed building and site plan will respect this landscape. This vegetation and topography will also provide a natural buffer between the site and surrounding residential areas, preserving a sense of privacy and tranquility. Additionally, there is a low-lying flood plain in the northeastern corner of 3501 Douglas that will be preserved and enhanced with stormwater management in the form of a rain garden. With the mix of land use between office and supportive housing, the site will further the PUD’s objective of more efficient land use. Vital housing will be provided for vulnerable residents that concurrently will provide skilled labor positions for caretakers. Leasable office in the renovated professional building will further revitalize the site’s effective usage. The proposed site and buildings will provide sensitive development in a transitional area between commercial and residential uses. The new building will be a sensitively aesthetic design that adds value to the City and respect its neighbors. f. If a residential PD exceeds the allowed gross density, the applicant may be allowed to exceed this maximum under two exceptions. The proposed building is an institutional, not residential development and density standards are not applicable. g. Describe which elements of the PD site plan vary from standard zoning requirements The PD allows more than one principal building on the site, which is not allowed under standard zoning requirements. h. If applicable, describe how the existing adjacent residential uses will be protected from potential adverse effects of the proposed use The residential properties to the West are screened with a combination of topography and dense vegetation. Our proposal will retain this vegetative buffer. The proposed building meets all setback and height requirements and with over 20’ of vertical grade change between the building and these residential properties, the proposed new building will only rise about 10’ higher relative to the viewpoint of the houses at the top of the slope. All outdoor amenity spaces for the residents will be enclosed within privacy fences. It is our belief that this proposed use will not negatively impact adjacent residential properties in any way. i. Describe how the proposed site plan provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways The proposed site plan utilizes two existing curb cuts on Douglas Drive N that offer right-in right-out vehicular access. There is an existing concrete sidewalk as well along Douglas Drive. By revitalizing Firm Ground Architects & Engineers Inc. 612.819.1835 275 Market Street, Suite 368 info@firmgroundae.com Minneapolis, Minnesota 55405 www.firmgroundae.com | Follow us on the site and providing the opportunity for new jobs, including round-the-clock employment at the supportive housing, the site will be a stable and sustainable use of land that will enhance a sense of safety and prosperity along Douglas Drive. j. Have any use-specific standards for the proposed use been addressed? Parking requirements for specialized care and office differ. The proposed site plan provides adequate parking for both functions on the site. As stated above, there is a floodplain on the site that has been accounted for and the proposed building is well-clear of said floodplain. The new supportive housing building will nestle into the site behind the existing office building and its entry will face North, similar in orientation to the office building. Materials be selected so the two buildings have common design traits to create a harmonious development. There will be a private outdoor area for the residents that is tucked in behind both building sand is enclosed with an 8’ tall privacy fence. With the rising grade, this memory garden will be essentially invisible from Douglas Drive N and the neighboring residential homes to the West. This space will be locked and prevent residents from accessing the site, parking lot or street. ““You r w e l l -b u i l t p roj e c t b e g i n s a n d e n d u re s on F i rm Grou n d ” Firm Ground Architects & Engineers Inc. 612.819.1835 275 Market Street, Suite 368 info@firmgroundae.com Minneapolis, Minnesota 55405 www.firmgroundae.com | Follow us on March 29, 2019 Supplemental Project Narrative for rezoning to Planned Unit Development 1. Provide a list of services that will be provided to the residents of this facility (not a list of services that may be provided). Also provide a list of job classifications (i.e. registered nurse) and describe the hours when these staff will be present. A-1 Reliable Home Care will be providing 24 hours support and supervision to our clients. Services will range from basic support needs to complex needs. Our goal is ensure clients who suffer and live with a diverse range of illnesses receives the best and appropriate care available to them. We want our client to feel valued and cherished no matter their ethnic or socioeconomic background or mental and physical impediments —We will assist and care for all their needs, while giving them the respect they are often lacking as individuals with special needs. We will help our clients navigate the local community and the stigma of their mental health status — We will act as their voice and advocate for them when needed. We will make sure that they receive the treatment they deserve. We also tailor and facilitate individual client care plans, because we are a service based agency, it is important for us to receive feedback in order to improve services and grow, so we encourage clients and their families to regularly share feedback with leadership team and staff. Our staff are trained professionals who attend to clients 24 hours a day. Clients receive round the clock care from; RN Managers (working and attending to our clients during the day and available anytime on call as needed), LPNs, CNA's and PCA's/Housekeepers. Our home is a home away for our clients. The staff members will provide food, snacks and drink, the RN will work together with LPN's to provide medication administration to all our clients. We will also provide different therapies such as psychology, psychiatric, behavioral, peer specialist and other programs tailored to match the clients need. Shifts are as follows: x First shift — 7am to 3pm x Second shifts — 3pm to 11pm x Third shift — 11pm to 7am 2. Describe security operations for the proposed facility, including: A. Number of security staff B. Hours when security staff will be present C. The duties of security personnel The safety of our client is equally as important as their care. In addition to the care we provide, there is 24 hour monitoring, medication management, behavioral support, redirection of bad behaviors, Firm Ground Architects & Engineers Inc. 612.819.1835 275 Market Street, Suite 368 info@firmgroundae.com Minneapolis, Minnesota 55405 www.firmgroundae.com | Follow us on companionship, homemaker, night supervision, medical personal care assistance and transportation to physician and hospital appointment, Malls, Shopping or visits with family. a. Number of security staff - 3 male and 1 female security officers (total 4) b. Security Shifts – 24 hours (with three shift 7am to 3pm, 3pm to 11pm and 11pm to 7am) x Duties Include: - Ensure client physical safety. Secure facility to limit potential for elopement. Establish reasonable visitation checks by identifying, searching and monitoring facility personnel and visitors. x Quickly investigating and escalating incidents internally and externally to law enforcement and/or the proper regulative officials where appropriate. x Provide assistance during sensitive care service such as the emergency department (ED), behavioral health, and others. 3. Provide an example and description of a similar facility in Minnesota. There is a misunderstanding from the neighborhood meeting as to the type of project we are proposing. The facility is regulated through the Minnesota Department of Health and will be covered by A-1 Reliable Home Care’s Comprehensive license issued by and regulated by MDH. The new home will be registered by MDH for Housing with Services. There are many large scale projects that are regulated through this program. All memory care and assisted living facilities in the state are regulated/allowed via this method. Similar Facilities in Hennepin Co: Name: THE WAYSIDE HOUSE INC Address: 3705 PARK CENTER BOULEVARD ST LOUIS PARK, MN 55416 Phone: 952-926-5626 Fax: 952-831-1173 Administrator: MS. KARINA FORREST PERKINS Minnesota Licensed Bed Capacity: (Supervised Living Facility Beds = 41) Name: PRIDE INSTITUTE Address: 14400 MARTIN DRIVE EDEN PRAIRIE, MN 55344 Phone: 952-934-7554 Fax: 952-934-8764 Administrator: TERRI HAYDEN Minnesota Licensed Bed Capacity: (Supervised Living Facility Beds = 42) Name: HOMEWARD BOUND BROOKLYN PARK Address: 7839 BROOKLYN BOULEVARD BROOKLYN PARK, MN 55445 Firm Ground Architects & Engineers Inc. 612.819.1835 275 Market Street, Suite 368 info@firmgroundae.com Minneapolis, Minnesota 55405 www.firmgroundae.com | Follow us on Phone: 763-746-4850 Fax: 763-525-4084 Administrator: GERRI DUKART GBOR Minnesota Licensed Bed Capacity: (Supervised Living Facility Beds = 32) Federally Certified Beds: (Intermediate Care Facility-Individuals w/Intellectual Disabilities Beds= 32) Name: EDEN RESIDENTIAL PROGRAM Address: 1025 PORTLAND AVENUE SOUTH MINNEAPOLIS, MN 55404 Phone: 612-338-0723 Fax: 612-338-3653 Administrator: JAMES WYNNE Minnesota Licensed Bed Capacity: (Supervised Living Facility Beds = 59) Name: AMERICAN INDIAN COMM DEVLP Address: 1800 CHICAGO AVENUE SOUTH MINNEAPOLIS, MN 55404 Phone: 612-879-3646 Fax: 612-879-3604 Administrator: TODD JOHNSTON Minnesota Licensed Bed Capacity: (Supervised Living Facility Beds = 50) Housing with services located within the city of Crystal, MN Firm Ground Architects & Engineers Inc. 612.819.1835 275 Market Street, Suite 368 info@firmgroundae.com Minneapolis, Minnesota 55405 www.firmgroundae.com | Follow us on 4. Clarify the following about the future residents of this facility: a. Whether the residents of this facility will be residents from other A-1 existing facilities, new residents who are not currently in an A-1 facility, or both. This facility will consolidate two existing facilities into one and extend the number of residents who may be served by Crystal Valley Living so the answer to your question is both. b. Clarify if all the residents of this facility will be mandated to be in a facility like this under Rule 24, or some other rule. None of the residents who will reside here are required to live in this facility via court order c. Clarify if the residents are capable of “self-preservation” (i.e. able to remove themselves in the case of an emergency) The new building is classified as a Housing with Services Facility with more than 16 residents: All of whom are capable of self-preservation. IBC I-1 occupancy classification. The new building will comply with the IBC and Minnesota Building Code with regard to this occupancy. Residents who become unable to self-preserve are transferred to a higher acuity facility. The exception applies to the age range per MN Statutes Section 144D.025. 5. Describe the specific future use of the single-family home at 3505 Douglas The existing home at 3505 Douglas will be used to provide housing to a site manager or other staff for the facility as available. This home will not be occupied by anyone not related to the employment at the site. Future plans will likely include removal of the home if an expansion is realized. 6. Under (f) of the submitted narrative, revise the response to state that the proposed building is an institutional, not residential, development and density standards are not applicable. Revised, however we were under the impression that the proposed project would meet unit per acre densities 7. Under (g) of the submitted narrative, revise the response to state that the PD allows more than one principal building on the site. This is not allowed under standard zoning requirements Revised, please see new narrative with response in red From:KEVIN RODDY <roddy24@msn.com> Date: March 15, 2019 at 4:50:16 PM CDT To:"brendan.banks@crystalmn.gov" <brendan.banks@crystalmn.gov>, "john.budziszewski@crystalmn.gov" <john.budziszewski@crystalmn.gov>, "julie.deshler@crystalmn.gov" <julie.deshler@crystalmn.gov>, "therese.kiser@crystalmn.gov" <therese.kiser@crystalmn.gov>, "nancy.laroche@crystalmn.gov" <nancy.laroche@crystalmn.gov>, "olga.parsons@crystalmn.gov" <olga.parsons@crystalmn.gov>, "anne.norris@crystalmn.gov" <anne.norris@crystalmn.gov> Subject: Concerns about A-1 Reliable Health Care building proposal To Crystal City Council: I'm a Crystal resident of 25 years and attended the open house February 28 for the proposal by A-1 Reliable Health Care for building on the site at 3501 Douglas Drive. I have some serious concerns about this project. We were told the proposed building will be a locked facility for up to 30 residents who were described as patients with court-ordered judgments requiring them to be housed in a secured facility. We were told the patients would be locked inside the residence and grounds, allowed only to leave the property with a staff member. There would be 8 Certified Nursing Assistants (CNAs) per shift to monitor the patients. CNAs would be responsible for all patient care, including administering medications. There would be one on staff nurse during the day leaving at 5 pm. (I'm not sure what state regulations are for CNAs passing medication without nursing supervision.) The proposal included using the existing home on the property to house off duty staff members. The proposed housing facility would be a three-story structure sitting on the back half of the property. The 2nd and 3rd floor rooms on the back side of the building could be looking into the back yards of the houses on Florida Avenue. Below are my initial questions after attending the open house: Does A-1 Reliable Health Care operate any other similar facilities? If they do, what are the reviews of them? Can they provide records of Police and emergency calls? If they don't operate any similar facilities, what information can they provide to show they are capable of running this type of a facility? What are the state and federal guidelines for this type of secured, locked-down housing? How often would they be inspected? What is the expected impact to traffic on Douglas Drive? Is the City of Crystal prepared for the increase in emergency response calls? What is the benefit to the city and the residents? I have many more questions and concerns, along with my neighbors. As the city has received A1’s application and proceeding to next steps, we will be addressing these to the Planning Commission and City Council. $WWDFKPHQW( Thank you, Kevin Roddy 3516 Florida Ave. N (612) 590-7233 roddy24@msn.com From:Megan Merrill To:Dan Olson Subject:Re: Land Use- Crystal Valley Living Date:Monday, April 1, 2019 5:11:33 PM It might also be helpful for the planning commission to review this post on Nextdoor and note that at the time I'm sending this to you there are 14 "thanks" for my post which shows more support in favor than the original poster who is against it. https://nextdoor.com/news_feed/?post=107167906 On Mon, Apr 1, 2019 at 3:54 PM Dan Olson <Dan.Olson@crystalmn.gov> wrote: Thanks, Megan. I’ll pass your comment along to the Planning Commission and City Council. Dan From: Megan Merrill [mailto:megan.merrill84@gmail.com] Sent: Monday, April 1, 2019 3:51 PM To: Dan Olson <Dan.Olson@crystalmn.gov> Subject: Land Use- Crystal Valley Living Hi Dan, While I am not a resident of Crystal, I am nearby in Golden Valley (4846 Golden Valley Road). I would like to voice my support for this facility. As a nurse practitioner, I am very aware of the shortage of mental health care facilities and it is reaching crisis levels. It not uncommon for patients who come to the ER for mental health concerns to wait days for placement in a mental health facility and even when a bed becomes available it might be hours away from their home. I think having residential mental health treatment facility within our community is an asset to our neighbors, friends, and family who have mental health issues. Whether we like it or not, or whether we are aware or not, people with mental health issues live in our community and are a part of it. Why not ensure that they are receiving appropriate treatment? Of course adequate staffing/security is important and the residents surrounding the area deserve reassurance that precautions are being taken for the safety of the entire community. But overall, the benefit to the community clearly outweighs the risks. The available evidence does not support the fact that people with mental illness are significantly more violent than the general population. Additionally, TREATING mental illness is the best prevention for the small subset of people with mental illness who do commit crimes, which further supports the need for this facility. Please see the links below regarding safety statistics and people with mental illness. I think it will help inform the city's decision. Thank you for your time and taking my input into consideration! Feel free to contact me if you have questions. Megan Merrill, DNP, CNP 612-940-6082 https://www.health.harvard.edu/newsletter_article/mental-illness-and-violence https://www.mentalhealth.gov/basics/mental-health-myths-facts http://www.mentalhealthamerica.net/positions/violence https://jech.bmj.com/content/70/3/223 https://www.cambridge.org/core/journals/the-british-journal-of- psychiatry/article/homicides-by-people-with-mental-illness-myth-and- reality/1D269503F3D2F8990C6B3619E5477634 From:kamchenry@aol.com To:Dan Olson; Brendan Banks; John Budziszewski; Julie Deshler; Therese Kiser; Nancy LaRoche; Olga Parsons Subject:Rezoning for A-1 Date:Monday, April 8, 2019 12:32:08 PM Dear Mr. Olson, Please pass on to the Planning Commission that Walt and Kathleen McHenry, 3329 Florida Ave N., are against rezoning to allow A-1 to build their multiple phase Mental Health Lock Down Facility project on Douglas Drive. This project in its full scale and density does not fit on these lots which are less that two acres total. There are many other things we would like to say and it is very frustrating that the government of Minnesota allowed such a loophole for building projects such as this with such a lack of accountability. Sincerely, Walt and Kathleen McHenry From:Gilchrist, Troy J. To:John Sutter; Dan Olson Cc:Anne Norris Subject:FW: A-1 Development Proposal In Crystal Date:Thursday, May 9, 2019 1:56:20 PM FYI – see below. Troy Gilchrist Kennedy & Graven, Chartered 612-220-5723 From: Tom Schmitt <tschmittbus1@gmail.com> Sent: Thursday, May 9, 2019 12:01 PM To: Gilchrist, Troy J. <TGilchrist@Kennedy-Graven.com> Subject: A-1 Development Proposal In Crystal Dear Mr. Gilchrist, I am writing this in response to the letter from Michael Klemm of the Hellmuth and Johnson law firm regarding a proposed development at 3501 Douglas Drive N in Crystal, MN. I strongly disagree with his characterization of the Planning Commission meeting which I attended in person. To summarize the basis of denial with one quote from one commissioner at the end of a two hour plus meeting is a gross misrepresentation of what was discussed. Claiming the sole reason for denial of a permit is discrimination on the basis of disability is disrespectful to all the members of the public who attended and asked legitimate questions about deviations from typical residential structures, including A-1’s own security requirements and building specific architectural questions. It is A-1’s contractual obligation to provide security for the patients, not simply a demand by Crystal for something special. This is clearly shown by their inclusion in the initial design of carded access, windows that don’t open fully, and 8-foot-high security fences. None of these are typical in residential areas. While all communities may need a jail facility, not all neighborhoods are required to house a structure similar to a jail. There are numerous other group homes within blocks of A-1’s proposal, and many minorities; clearly there is no discrimination based on disability or race in Crystal. To state otherwise is insulting. I would urge you to listen to the recording yourself, particularly 1:57 to 1:59 to hear the racial bias displayed by the proposal’s future owner. https://www.crystalmn.gov/UserFiles/Servers/Server_10879634/File/Our%20City/Board%20and%20Commissions/Planning%20Commission/PC040819.mp3 Crystal is not required by law to provide the lowest cost parcel of land to a for profit business. There are numerous other sites in Crystal currently zoned for such a facility to which they have made no application. Since they have not pursued any alternatives in Crystal that are available, they have no basis for a discrimination claim. If A-1 were to propose a residential care facility that was truly residential in nature they would have no issues. Unfortunately, what they are proposing is a commercial for-profit restricted access care facility in a residential neighborhood. The intent of zoning laws is to provide consistency to residents, new and existing. Clearly this does not follow that intent and the proposal should be denied. Thank you for your consideration and please contact me if I can provide any assistance or clarification. Regards, Tom Schmitt 3430 Florida Ave N Crystal, MN 55427 612-865-3698 "UUBDINFOU' ARCHITECT: FIRM GROUND INTERNATIONAL MARKET SQUARE 275 MARKET STREET, SUITE 368 MINNEAPOLIS, MN 55405 612.819.1835 DEVELOPER/ PROPERTY OWNER: TOMWASMOEN FIRM GROUND ARCHITECTS AND ENGINEERS, INC. 275 MARKET STREET, SUITE 368 MINNEAPOLIS, MN 55405 ENGINEER/ LANDSCAPE ARCHITECT: CIVIL SITE GROUP 4931 W 35TH STREET SUITE 200 ST LOUIS PARK, MN 55416 612-615-0060 SURVEYOR: CIVIL SITE GROUP 4931 W 35TH STREET SUITE 200 ST LOUIS PARK, MN 55416 612-615-0060 GEOTECHNICAL ENGINEER: TBD MASTER LEGEND: --------112'.:; -------­ x 11 :::7. 2 ----11 37---- '-----41.26 891.00 G 891.00 TC 891.00 BS/TS EOF�1135.52 ■------------------■ , .. , ■ ■,.. , �B-1 TO CRYSTAL, MINNESOTA ISSUED FOR: CITY SUBMITTAL • " Lions Park ;lil1hAve ll JOth Ad ri f"- 36th Ave N Valte-y Place Q i .. ltlh,.,,.�"' �Bl'II) P.va tt �AveN J,uf.� Ci1 N Crystal Hlghlands ,dO..N � 6essel l Creek 36111 Ave N �! !•� , 3'ffllll'l'eN Florida Park C□nvenienc:e st.ore,�Within A Mtl!! 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PROPOSED MANHOLE ST ORM Prairie Trad Ing :M1h>.voN Q 3-CC,.1,.-■� !!' • � PROPOSED CATCH BASIN OR CATCH BASIN MANHOLE STORM PROPOSED GATE VALVE _Q_ -¢----->------->>------1--- --»----»-- ----<C;-----G--- ---E----E--- C 0 EXISTING MANHOLE □EXISTING CATCH BASIN..., EXISTING HYDRANT PROPOSED FIRE HYDRANT PROPOSED MANHOLE SANITARY PROPOSED SIGN PROPOSED LIGHT PROPOSED SANITARY SEWER PROPOSED STORM SEWER PROPOSED WATER MAIN EXISTING SANITARY SEWER EXISTING STORM SEWER EXISTING WATER MAIN EXISTING GAS MAIN EXISTING UNDERGROUND ELECTRIC EXISTING UNDERGROUND CABLE () EXISTING STOPBOX ..... EXISTING GATE VALVE � EXISTING ELECTRIC BOX *EXISTING LIGHT � EXISTING GAS METER 8 EXISTING GAS VALVE , Valley Cai 11 q) !\r \, " Centennial Gardens 9'for Nurslng and ... @) ,., 0 p Take I Cub Foods9' ,. ! � ... Know what's below. Call before you dig. SHEET INDEX SHEET NUMBER SHEET TITLE C0.0 TITLE SHEET V1.0 SITE SURVEY C1.0 REMOVALS PLAN C2.0 SITE PLAN C2.1 SITE PLAN -GARBAGE TRUCK TURNING MOVEMENTS C3.0 GRADING PLAN C4.0 UTILITY PLAN C4.1 OFF SITE WATER MAIN EXTENSION PLAN C5.0 CIVIL DETAILS c·,:ivi.ISite G R O U P Civil Engineering· Surveying· Landscape Architecture 4931 W _ 35th Street, Suite 200 St. Louis Park, MN 55416 civilsitegroup.com 612-615-0060 l­ow--,0a:: (!) z -> -...J N N 1/) >-1/) C: ...J 0 -"' E >. ...J 1/) <( Ill Ctl >;:·;:>□E ..!!!0...J Cl I-::,<( 0 □ ... I-0 1/) en "' >- CJ I!) I!) I!) <.i z c� ui -.. "'OJ =a., 0 C Cl. --ro OJ OJ C C l1J -� ca � "' -- co u (D _ill(") i: cu(.) ;!:: .. ::, <( (/) u c-::, OJ 0 � .. -(!) (/)E<ii.. .>:: --.. LL ro I!) I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. .1?8rPavek DATE 03.12.2019 LICENSENO. 44263 ISSUE/SUBMITTAL SUMMARY DATE DESCRIPTION 19.03.12 Citv Submitlcil 19.03.26 Citv Resubmitlal 19.03.28 Ci"' Comments C5.1 -+-C _IV_I_L_D_E_T_A _I _L_S _________________________ DRAWN BY:ND, KT REVIEWED BY: KT CI VIL DET AILS P_R_O _J-EC_T_N_U_M�B_E _R _: -,9-0_7_1 ____ _C5.2 L 1.0 LANDSCAPE PLAN REVISION SUMMARYL 1.1 LANDSCAPE PLAN NO TES & DE TAILS DATE DESCRIPTION SW1.0 SWPPP -EXISTIN G CONDITIONS SW1.1 SWPPP -PROP OSED CONDITIONS SW1.2 SWPPP -DETAILS SW1.3 SWPPP -NARRATIVE SW1.4 SWPPP-ATTACHMENTS SW1.5 SWPPP-ATTACHMENTS TITLE SHEET co ■ 0 @ COPYRIGHT CIVIL SITE GROUP INC Attachment G Wood FenceWood FenceDeckOne Story Brick Building Address: 3501 Douglas Dr N Foundation Area = 4,188+/- Sq. Ft. East Boundary Line Per County State Aid Highway No. 102, Plat 22 Highway Easement Per Doc No. 1738126N89°40'40"W 266.37N00°07'27"W 316.95 S89°38'20"E 265.70S00°14'44"E 316.78Building Overhang(Typ)Concrete Walk [17] [18]ExistingBuilding24" WM [16]Douglas Drive N (A Public R/W) Edgewood Ave N(A Public R/W)(Width Varies) HCSAH No. 102 Plat 22 8" SAN 10" SAN 10" SANNOPARKINGNOPARKINGCivil Engineering Surveying Landscape Architecture4931 W. 35th Street, Suite 200St. Louis Park, MN 55416civilsitegroup.com 612-615-0060PROJECT 44263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.03.12.2019ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:1907119.03.26City Resubmittal19.03.28City Comments........19.03.12City SubmittalDRAWN BY:REVIEWED BY:ND, KTKT..............COPYRIGHT CIVIL SITE GROUP INC.cCRYSTAL VALLEY LIVING 3501 Douglas Drive, Crystal, MN 55422 Firm Ground Architects & Engineers, Inc. 275 Market Street, Suite 368, Minneapolis, MN 55405 Tom Wasmoen P R E L I M I N A R Y : N O T F O R C O N S T R U C T I O NREVISION SUMMARYDATEDESCRIPTIONC4.1OFF SITEWATER MAINEXTENSION PLAN............GENERAL UTILITY NOTES:UTILITY LEGEND:CITY OF CRYSTAL UTILITY NOTES:1.RESERVED FOR CITY SPECIFIC UTILITY NOTES.01" = 40'-0"40'-0"20'-0"NKnow what'sbelow.before you dig.CallRCATCH BASINGATE VALVE AND VALVE BOXSANITARY SEWERSTORM SEWERWATER MAINPROPOSED FIRE HYDRANTMANHOLEFES AND RIP RAP1. SEE SITE PLAN FOR HORIZONTAL DIMENSIONS AND LAYOUT.2. CONTRACTOR SHALL FIELD VERIFY LOCATION AND ELEVATION OF EXISTING UTILITIES ANDTOPOGRAPHIC FEATURES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL IMMEDIATELYNOTIFY THE ENGINEER OF DISCREPANCIES OR VARIATIONS FROM THE PLANS.3. ALL EXISTING UTILITY LOCATIONS SHOWN ARE APPROXIMATE. CONTACT "GOPHER STATE ONECALL" (651-454-0002 OR 800-252-1166) FOR UTILITY LOCATIONS, 48 HOURS PRIOR TOCONSTRUCTION. THE CONTRACTOR SHALL REPAIR OR REPLACE ANY UTILITIES THAT AREDAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER.4. UTILITY INSTALLATION SHALL CONFORM TO THE CURRENT EDITION OF "STANDARDSPECIFICATIONS FOR WATER MAIN AND SERVICE LINE INSTALLATION" AND "SANITARY SEWER ANDSTORM SEWER INSTALLATION" AS PREPARED BY THE CITY ENGINEERS ASSOCIATION OFMINNESOTA (CEAM), AND SHALL CONFORM WITH THE REQUIREMENTS OF THE CITY AND THEPROJECT SPECIFICATIONS.5. CASTINGS SHALL BE SALVAGED FROM STRUCTURE REMOVALS AND RE-USED OR PLACED AT THEDIRECTION OF THE OWNER.6. ALL WATER PIPE SHALL BE CLASS 52 DUCTILE IRON PIPE (DIP) AWWA C151, ASME B16.4, AWWA C110, AWWA C153 UNLESS OTHERWISE NOTED.7. ALL SANITARY SEWER SHALL BE SDR 26 POLYVINYL CHLORIDE (PVC) ASTM D3034 & F679, OR SCH40 ASTM D1785, 2665, ASTM F794, 1866) UNLESS OTHERWISE NOTED.8. ALL STORM SEWER PIPE SHALL BE HDPE ASTM F714 & F2306 WITH ASTM D3212 SPEC FITTINGS UNLESS OTHERWISE NOTED.9. PIPE LENGTHS SHOWN ARE FROM CENTER TO CENTER OF STRUCTURE OR TO END OF FLAREDEND SECTION.10. UTILITIES ON THE PLAN ARE SHOWN TO WITHIN 5' OF THE BUILDING FOOTPRINT. THECONTRACTOR IS ULTIMATELY RESPONSIBLE FOR THE FINAL CONNECTION TO BUILDING LINES.COORDINATE WITH ARCHITECTURAL AND MECHANICAL PLANS.11. CATCH BASINS AND MANHOLES IN PAVED AREAS SHALL BE SUMPED 0.04 FEET. ALL CATCHBASINS IN GUTTERS SHALL BE SUMPED 0.15 FEET PER DETAILS. RIM ELEVATIONS SHOWN ON THISPLAN DO NOT REFLECT SUMPED ELEVATIONS.12. ALL FIRE HYDRANTS SHALL BE LOCATED 5 FEET BEHIND BACK OF CURB UNLESS OTHERWISENOTED.13. HYDRANT TYPE, VALVE, AND CONNECTION SHALL BE IN ACCORDANCE WITH CITY REQUIREMENTS.HYDRANT EXTENSIONS ARE INCIDENTAL.14. A MINIMUM OF 8 FEET OF COVER IS REQUIRED OVER ALL WATERMAIN, UNLESS OTHERWISENOTED. EXTRA DEPTH MAY BE REQUIRED TO MAINTAIN A MINIMUM OF 18" VERTICALSEPARATION TO SANITARY OR STORM SEWER LINES. EXTRA DEPTH WATERMAIN IS INCIDENTAL.15. A MINIMUM OF 18 INCHES OF VERTICAL SEPARATION AND 10 FEET OF HORIZONTAL SEPARATIONIS REQUIRED FOR ALL UTILITIES, UNLESS OTHERWISE NOTED.16. ALL CONNECTIONS TO EXISTING UTILITIES SHALL BE IN ACCORDANCE WITH CITY STANDARDS ANDCOORDINATED WITH THE CITY PRIOR TO CONSTRUCTION.17.CONNECTIONS TO EXISTING STRUCTURES SHALL BE CORE-DRILLED.18. COORDINATE LOCATIONS AND SIZES OF SERVICE CONNECTIONS WITH THE MECHANICALDRAWINGS.19. COORDINATE INSTALLATION AND SCHEDULING OF THE INSTALLATION OF UTILITIES WITHADJACENT CONTRACTORS AND CITY STAFF.20. ALL STREET REPAIRS AND PATCHING SHALL BE PERFORMED PER THE REQUIREMENTS OF THECITY. ALL PAVEMENT CONNECTIONS SHALL BE SAWCUT. ALL TRAFFIC CONTROLS SHALL BEPROVIDED BY THE CONTRACTOR AND SHALL BE ESTABLISHED PER THE REQUIREMENTS OF THEMINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MMUTCD) AND THE CITY. THISSHALL INCLUDE BUT NOT BE LIMITED TO SIGNAGE, BARRICADES, FLASHERS, AND FLAGGERS ASNEEDED. ALL PUBLIC STREETS SHALL BE OPEN TO TRAFFIC AT ALL TIMES. NO ROAD CLOSURESSHALL BE PERMITTED WITHOUT APPROVAL BY THE CITY.21. ALL STRUCTURES, PUBLIC AND PRIVATE, SHALL BE ADJUSTED TO PROPOSED GRADES WHEREREQUIRED. THE REQUIREMENTS OF ALL OWNERS MUST BE COMPLIED WITH. STRUCTURES BEINGRESET TO PAVED AREAS MUST MEET OWNERS REQUIREMENTS FOR TRAFFIC LOADING.22. CONTRACTOR SHALL COORDINATE ALL WORK WITH PRIVATE UTILITY COMPANIES.23. CONTRACTOR SHALL COORDINATE CONNECTION OF IRRIGATION SERVICE TO UTILITIES.COORDINATE THE INSTALLATION OF IRRIGATION SLEEVES NECESSARY AS TO NOT IMPACTINSTALLATION OF UTILITIES.24. CONTRACTOR SHALL MAINTAIN AS-BUILT PLANS THROUGHOUT CONSTRUCTION AND SUBMITTHESE PLANS TO ENGINEER UPON COMPLETION OF WORK.25.ALL JOINTS AND CONNECTIONS IN STORM SEWER SYSTEM SHALL BE GASTIGHT OR WATERTIGHT.APPROVED RESILIENT RUBBER JOINTS MUST BE USED TO MAKE WATERTIGHT CONNECTIONS TOMANHOLES, CATCHBASINS, OR OTHER STRUCTURES.26.ALL PORTIONS OF THE STORM SEWER SYSTEM LOCATED WITHIN 10 FEET OF THE BUILDING ORWATER SERVICE LINE MUST BE TESTED IN ACCORDANCE WITH MN RULES, CHAPTER 4714,SECTION 1109.0.34TH AVENUE N.DOUGLAS DRIVE N. EDGEWOOD AVENUE N.PLATTED ROWPLATTED ROWPLATTED ROWPLATTED ROW PLATTED ROWPLATTED ROW PLATTED ROWPLATTED ROW PLATTED ROW PLATTED ROW WATERMAIN LOOP THROUGH OUR SITE, THENSOUTH ALONG CITY RIGHT OF WAY BETWEENDOUGLAS AND FLORIDA AVEWATERMAIN LOOP THROUGH OUR SITE, THENSOUTH ALONG CITY RIGHT OF WAY BETWEENDOUGLAS AND FLORIDA AVECONNECTION TO WATERMAIN IN DOUGLASPROPOSED 6" DIPEXISTING 6" WATERMAIN.8" TO 6" REDUCER VALVE8" DIPEXISTING 6" WATERMAIN.PROPOSED 6" GATE VALVE & BOXEXISTING 6" WATERMAIN.EXISTING 6" GATE VALVE & BOXEXISTING 6" WATERMAIN. # Date CommentsDrawn By:Checked By:Scale:RevisionsPage 1 of 2Date:3/19/2019CRYSTAL PARKING LOT V2PROPERTY LINEPROPERTY LINE30' BLDG. SETBACK LINE30' BLDG. SETBACK LINE15' BLDG. SETBACK LINENO PARKING174910615' BLDG. SETBACK LINE24.0'24.0'9.0'18.0'R5.0'18.0'9.0'24.0'24.0'18.0'9.0'R 5 .0 'R 4 .0 'R4.0'R 5.0'NO PARKING30 UNITSPROPOSED BUILDING13.0'R5.0'R8.0'R5.0'22.0'AAMH: 28AA4MH: 28AA4MH: 28AA4MH: 28AAHMH: 28WW3MH: 15WW3MH: 15WW3MH: 150.74.23.6 3.3 2.8 2.5 1.9 1.1 0.50.0 0.03.90.33.71.3 1.7 2.0 2.3 2.5 2.6 2.7 2.8 3.4 4.10.11.40.33.3 2.9 2.0 1.1 0.50.1 0.1 0.1 0.33.91.23.81.5 1.7 1.8 2.0 2.1 2.3 2.8 3.6 3.8 3.90.70.04.3 4.7 4.9 4.8 4.2 3.7 2.8 2.0 1.4 0.94.10.04.00.1 0.2 0.6 1.2 1.9 2.4 3.0 3.8 4.2 3.70.50.14.54.0 4.0 3.7 3.3 2.7 2.1 1.6 1.0 0.54.40.04.30.3 0.7 1.3 2.0 2.6 3.0 3.5 3.7 3.6 3.63.80.09.33.80.5 1.2 1.8 1.8 2.5 3.7 4.5 3.9 3.50.75.71.15.8 3.1 3.5 3.9 4.2 4.1 4.3 4.8 4.6 3.53.51.10.01.6 1.9 1.2 2.2 5.7 8.1 3.9 1.8 1.50.40.91.71.9 2.3 2.9 2.8 2.6 2.7 2.5 1.9 1.5 1.41.12.03.0 2.1 1.2 0.50.2 0.2 0.3 0.4 0.8 1.12.81.65.12.2 2.5 2.7 2.7 3.0 3.6 4.1 4.5 4.4 4.51.33.84.11.0 0.50.3 0.7 1.0 1.2 1.6 1.9 2.23.63.14.34.4 5.2 4.5 3.9 4.2 4.5 4.8 4.9 5.2 5.42.42.70.23.50.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.20.10.20.10.2 0.2 0.1 0.1 0.1 0.1 0.1 0.00.0 0.00.20.30.3 0.3 0.4 0.4 0.4 0.3 0.3 0.3 0.4 0.40.10.30.00.2 0.1 0.1 0.1 0.1 0.10.0 0.0 0.0 0.00.40.10.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.10.00.10.00.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.00.10.20.10.0 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.10.00.10.00.2 0.2 0.2 0.1 0.1 0.1 0.1 0.0 0.0 0.00.00.10.52.6 2.7 2.7 2.6 3.2 3.5 2.8 2.2 2.1 1.71.30.93.00.30.0 0.0 0.1 0.2 0.3 0.5 0.7 0.80.21.20.50.43.9 4.1 4.6 5.1 4.4 3.7 3.2 2.6 1.72.20.72.50.0 0.0 0.1 0.2 0.5 0.9 1.3 1.6 1.8 2.51.51.10.30.9 0.7 0.6 0.6 0.5 0.6 0.7 0.8 0.9 0.60.90.40.40.3 0.2 0.2 0.10.0 0.0 0.0 0.1 0.13.80.40.71.3 1.3 1.4 1.4 1.5 1.4 1.5 1.7 1.3 1.10.70.80.40.5 0.3 0.20.0 0.0 0.1 0.1 0.2 0.2 0.30.11.00.02.31.8 1.5 1.3 1.2 1.0 0.7 0.40.0 0.02.40.02.40.0 0.0 0.0 0.0 0.0 0.1 0.2 0.6 1.1 1.60.00.00.51.6 1.5 1.2 0.7 0.30.0 0.0 0.0 0.02.10.02.30.0 0.0 0.0 0.1 0.2 0.6 1.1 1.6 1.9 2.10.00.01.9 2.1 1.7 1.2 0.9 0.8 0.7 0.6 0.6 0.51.80.01.00.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.30.40.02.62.1 1.7 1.4 1.2 1.0 0.9 0.9 0.7 0.41.60.01.40.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.52.10.00.11.90.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.20.00.40.2 0.5 1.1 1.7 1.9 2.6 3.5 3.8 3.3 2.40.00.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.10.11.10.2 0.3 0.3 0.5 0.9 1.1 0.8 0.6 0.6 0.50.00.01.7 1.1 0.5 0.20.0 0.0 0.0 0.0 0.0 0.02.00.02.90.0 0.1 0.1 0.4 0.9 1.6 2.0 2.3 2.6 2.70.00.01.40.5 0.20.0 0.0 0.0 0.0 0.0 0.0 0.02.00.02.30.1 0.1 0.3 0.8 1.5 2.1 2.4 2.8 3.2 3.31.70.02.20.52.8 1.6 0.3 0.2 0.2 0.1 0.1 0.1 0.16.60.44.64.4 0.33.1 4.3 3.2 2.3 1.5 0.4 0.3 0.20.00.20.1 0.2 0.3 0.5 1.1 2.3 5.3 7.4 4.6 2.84.40.30.10.1 0.1 0.1 0.1 0.0 0.00.4 1.7 1.7 0.21.51.41.4 0.8 0.7 0.5 0.4 0.3 0.2 0.2 0.20.40.21.51.71.7 2.0 2.2 1.7 1.4 1.3 0.9 0.9 0.7 0.51.60.30.00.1 0.10.4 2.6 7.32.1 2.6 2.3 2.11.80.52.00.3 0.2 0.2 0.1 0.1 0.10.4 2.1 3.81.50.11.40.11.0 1.9 2.0 2.0 1.9 1.2 0.4 0.3 0.2 0.20.10.20.20.10.3 0.4 0.3 0.1 0.0 0.0 0.0 0.10.10.20.20.01.5 2.0 1.9 1.4 0.7 0.4 0.4 0.4 0.30.50.30.30.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.10.20.30.10.2 0.4 0.8 1.5 4.0 5.3 3.7 2.5 1.5 0.30.10.10.10.1 0.1 0.1 0.00.5 1.3 1.1 0.2 0.01.00.10.10.3 0.5 1.1 2.6 3.3 2.6 2.1 1.3 0.3 0.20.10.10.10.1 0.1 0.10.4 0.8 0.8 0.2 0.0 0.0 0.00.00.1 # Date CommentsDrawn By:Checked By:Scale:RevisionsPage 2 of 2Date:3/19/20193/19/2019CRYSTAL PARKING LOT v2.AGICRYSTAL PARKING LOT V2Luminaire ScheduleSymbolQtyLabelCalculation SummaryLabelCalcTypeUnitsArrangementTotal Lamp LumensLLFDescriptionAvgMaxMinAvg/MinMax/Min1AASINGLEN.A.1.000NV-1-T3-48L-1-40K-UNVLOTS_PlanarIlluminanceFc1.239.30.01N.A.AAHSINGLEN.A.1.000NV-1-T4-64L-1-40K-UNV-HSS N.A.3AA4SINGLEN.A.1.000NV-1-T4-48L-1-40K-UNV3WW3SINGLEN.A.1.000TWM-T3-16L-1-40K-UNV 123AC250 SFSPA115245 SFUNIT113245 SFUNIT111245 SFUNIT112245 SFUNIT110245 SFUNIT109290 SFKITCHEN104101 SFOFFICE106335 SFLOBBY100466 SFDINING ROOM101130 SFOFFICE108130 SFOFFICE107101 SFOFFICE105245 SFUNIT11475 SFELEV. LOBBY103ELEV.B75 SFSTORAGE102125 SFRECEPTION1325' - 0"TYP.20' - 0"20' - 0"TYP.12' - 6"108' - 5 3/4"8' - 7 1/4"99' - 10 1/2"47' - 4 1/4"26' - 9"20' - 7 1/4"FLOOR 1:6 UNITS5,071 SF5' - 1 7/8"245 SFUNIT204245 SFUNIT203245 SFUNIT210245 SFSPA213245 SFUNIT211245 SFUNIT209245 SFUNIT207245 SFUNIT205245 SFUNIT212245 SFUNIT208245 SFUNIT206245 SFUNIT202318 SFSITTING200160 SFSTAIR 1150123AC230 SFSPA201BELEV.FLOORS 2-3:12 UNITS EACH4,960 SF EACH FLOORTOTAL FLOOR AREA FOR BUILDING: 19,951 SF 8' - 7 1/4"99' - 10 1/2"108' - 5 3/4"26' - 9"20' - 7 1/4"47' - 4 1/4"0' - 3 1/4"8' - 7 5/8"47' - 4 1/4"123ACB525 SFPREP KITCHEN169541 SFUTILITIES170634 SFSTORAGE171440 SFSTORAGE172233 SFCOMMERCIALLAUNDRY173142 SFSTAFF MENS174142 SFSTAFF WOMENS175103 SFWOMENS LOCKER176103 SFMENS LOCKER184516 SFBREAK ROOM/LOUNGE18565 SFELEV. EQUIP.187BASEMENT4,960 SFNICHIHA PANEL TO MATCH BUILDING6" SCH 80 GALV. STL. PIPE GATE POST1.5" 'B' 20 GA. WIDE RIB ROOF STL. DECK, PAINTED3/4" CANE BOLT, W/ STOP FOR OPEN POSITION, MOUNT TO GATE FRAME GATE FRAME HSS 2 x 2 x 3/16" TYP.0' - 1 1/2"5' - 0"0' - 4"STEEL POST AT EACH CORNER AND BACK WALL, SEE STRUCTURAL0' - 2"PROVIDE 1/2" HEADED STUDS PIPE COL. TO PIER PROVIDE 4 EA COL.2"x2" TS FRAME AND GATE, WELD, POLISHED SMOOTH,PRIMED AND PAINTED. FIBER CEMENT PANEL MATCHING BUILDING, SEAL ALL EDGES, TYP. SECURE WITH SCREW ATTACHED TO TS FRAME WITHCOATED DECK SCREWS, COUNTERSINK6" DIA GALV. STEEL GATE POST,CONC. FILLED ROUND TOP. GATE MOUNTED ONTO POSTCONTROL JOINTS AT 5'-0" EACH WAY, MAX.NOTE: 6" THICK PCC CONC. SLAB W/ 6x6x1.4x1.4 WWF ON 6" GRAVEL BASESLOPE 1/8" PER 12"4" DIA. GALV. STEEL BOLLARDCONC. FILLED ROUND TOP, TYP.4" DIA GALV. STEEL BOLLARD,CONC. FILLED ROUND TOP, TYP. 1' - 0"8' - 0"1' - 0"10' - 0"6' - 0"10' - 0"TYP.0' - 4"TYP.0' - 4"T. WASMOENNI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a dulyRegistered Architectunder the laws of the state of MinnesotaThomas P. WasmoenDateLicense No.20891SHEET NUMBERSHEET TITLEOWNERPARTNERS/CONSULTANTSPROJECT NO.CHECKED BYDRAWN BY275 Market Street, Ste. 368Minneapolis, MN 55405612.819.1835 www.firmgroundae.comPROJECTPLANNOT FOR CONSTRUCTION© COPYRIGHT FIRMGROUNDAE INC.C:\Users\rnichols\Documents\190326 18.143Reliable Care Supportive HousingCrystal_Central_rnicholsLCQU2.rvt3/26/2019 3:08:05 PMA101SCHEMATICFLOOR PLANS18.143R. NICHOLSA-1 RELIABLE HOMECARE SUPPORTIVEHOUSING2353 RICE STREETSUITE 107ST. PAUL, MN 55113DEBORAH OJOGWU3501 DOUGLAS DRIVECRYSTAL, MN 55422MM/DD/YYYYSCHEMATICDESIGN2019# ISSUE/REVISION DATE 1/8" = 1'-0"A1011FIRST FLOOR PLAN 1/8" = 1'-0"A1012SECOND FLOOR PLAN 1/8" = 1'-0"A1013BASEMENT PLAN 1/4" = 1'-0"A1014TRASH ENCLOSURE FRONT ELEVATION 1/4" = 1'-0"A1015TRASH ENCLOSURE PLAN 1 FIRST FLOOR100' - 0"2 SECOND FLOOR111' - 0"3 THIRD FLOOR122' - 0"ROOF BEARING133' - 0"123WOOD COLUMNGABLE HEIGHT 139' - 5 5/8"1 FIRST FLOOR100' - 0"2 SECOND FLOOR111' - 0"3 THIRD FLOOR122' - 0"ROOF BEARING133' - 0"ACBFIBER CEMENT TRIM BAND BOARDGABLE HEIGHT 139' - 5 5/8"1 FIRST FLOOR100' - 0"2 SECOND FLOOR111' - 0"3 THIRD FLOOR122' - 0"ROOF BEARING133' - 0"123ALUMINUM STOREFRONT SYSTEM AT ENTRANCEGABLE HEIGHT 139' - 5 5/8"1 FIRST FLOOR100' - 0"2 SECOND FLOOR111' - 0"3 THIRD FLOOR122' - 0"ROOF BEARING133' - 0"ACBMODULAR BRICKFIBER CEMENTLAP SIDINGASPHALT SHINGLESGABLE HEIGHT 139' - 5 5/8"1 FIRST FLOOR100' - 0"2 SECOND FLOOR111' - 0"3 THIRD FLOOR122' - 0"ROOF BEARING133' - 0"RETAINING WALLSEE GRADING PLAN±7' SEE CIVILGRADE @ OUTDOOR AMENITY GRADE @ T.O. RETAINING WALL8' CHAIN LINKE FENCE TO BUILDING8' CHAIN LINKE FENCE TO BUILDINGSPRUCE TREES ALONG T.O.RETAINING WALLREDBUD TREES IN AMENITY AREAT. WASMOENI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a dulyRegistered Architectunder the laws of the state of MinnesotaThomas P. WasmoenDateLicense No.20891SHEET NUMBERSHEET TITLEOWNERPARTNERS/CONSULTANTSPROJECT NO.CHECKED BYDRAWN BY275 Market Street, Ste. 368Minneapolis, MN 55405612.819.1835 www.firmgroundae.comPROJECTNOT FOR CONSTRUCTION© COPYRIGHT FIRMGROUNDAE INC.C:\Users\rnichols\Documents\190326 18.143Reliable Care Supportive HousingCrystal_Central_rnicholsLCQU2.rvt4/23/2019 1:47:07 PMA401EXTERIORELEVATIONS18.143X. SAMPLEA-1 RELIABLE HOMECARE SUPPORTIVEHOUSING2353 RICE STREETSUITE 107ST. PAUL, MN 55113DEBORAH OJOGWU3501 DOUGLAS DRIVECRYSTAL, MN 55422MM/DD/YYYYSCHEMATICDESIGN2019 1/8" = 1'-0"A4013SOUTH EXTERIOR ELEVATION 1/8" = 1'-0"A4014WEST EXTERIOR ELEVATION 1/8" = 1'-0"A4011NORTH EXTERIOR ELEVATION 1/8" = 1'-0"A4012EAST EXTERIOR ELEVATION# ISSUE/REVISION DATE 1/8" = 1'-0"A4015SOUTH SITE ELEVATION 1 577578v4CR205-30 CRYSTAL PLANNING COMMISSION RESOLUTION NO. 2019-01 RESOLUTION RECOMMENDING DENIAL OF THE REZONING TO PLANNED DEVELOPMENT AND DISAPPROVAL OF A SITE PLAN WHEREAS, A-1 Reliable Home Care (“Applicant”) submitted an application to the City of Crystal (“City”) to rezone the property located at 3501 Douglas Drive North in Crystal, which is legally described in Exhibit A (“Property”), to Planned Development (C-PD); and WHEREAS, the Applicant has also submitted, and is seeking approval of, a site plan to construct a specialized care facility on the Property as provided in Crystal city code, subsection 510.17; and WHEREAS, the Property consists of six parcels that the Applicant is also proposing to replat into a single parcel; and WHEREAS, the Planning Commission held a public hearing regarding the Applicant’s requests on April 8, 2019, which was continued until May 13, 2019; and WHEREAS, the Planning Commission finds and determines as follows with respect to the requested approvals: 1.A portion of the Property is currently zoned Commercial (C) and the other portion of the Property is currently zoned Low Density Residential (R-1); 2.The properties surrounding the Property are primarily zoned R-1, with some R-2; 3.The Comprehensive Plan designates a portion of the Property for neighborhood commercial and the other portion for medium density residential; 4.The request to rezone to C-PD is subject to the procedures set out in Crystal city code, subsections 510.29 and 510.31; 5.Under Crystal city code, subsection 510.29, subd. 3, when reviewing a rezoning request the following three criteria are, at a minimum, to be considered: (a)The specific policies and recommendations of the comprehensive plan and other city plans; (b)The purpose and intent of this UDC, or in the case of a map amendment, whether it meets the purpose and intent of the individual district; and (c)If applicable, the adequacy of a buffer or transition provided between potentially incompatible districts. 6.As to the policies and recommendations of the comprehensive plan, the Planner’s Report points out that the 2030 Comprehensive Plan prohibits the rezoning of the Attachment H 2 577578v4CR205-30 Property unless the City Council determines that the request is fully consistent with certain guidelines. While the Planner’s Report recommends finding that the requested rezoning is consistent with the guidelines, the Planning Commission disagrees. Specifically, the Planning Commission finds that, with respect to the guideline requiring the development to be compatible with adjacent land uses and systems, the proposed rezoning and resulting use of the Property would not be compatible with the residential character of the area. The guideline specifically expresses a preference for townhome structures with separate private entrances and disfavors apartment-style buildings as is being proposed. Additionally, the guidelines expressly prohibit commercial uses that are incompatible with adjacent land uses. The Commission heard from a number of residents at the neighborhood meeting and the public hearing that the proposed use is incompatible with the surrounding residential uses. The Planning Commission agrees that rezoning the Property would produce a use that is incompatible with the current residential uses and with how the area is guided for the future. In the plan the City expressly reserved for itself the discretion to deny any development application that it determines to be incompatible with the guiding principles; 7.The above findings also speak to the second rezoning criteria. For the same reasons the Planning Commission finds the requested rezoning to not be consistent with the purpose and intent of the UDC or the surrounding properties; 8.While the Planning Commission heard public comment in opposition to the proposed use, the public comment is not the sole basis for this recommendation. The Planning Commission understands that while public opposition can be considered, it cannot constitute the sole basis for a zoning decision. In this case, the Planning Commission determines the rezoning request does not satisfy criteria the City Council established for itself when making these legislative decisions; 9.A rezoning request is a legislative decision that is left to the broad discretion of the City Council. The City Council’s decision must be upheld unless it is proven to be “unsupported by any rational basis related to promoting the public health, safety, morals, or general welfare.” State, by Rochester Association of Neighborhoods v. City of Rochester, 268 N.W.2d 885, 888 (1978). Furthermore a “city council has broad discretion in legislative matters, and even if the city council's decision is debatable, so long as there is a rational basis for what it does, the courts do not interfere.” Honn v. City of Coon Rapids, 313 N.W.2d 409, 415 (Minn. 1981); 10.The Applicant has, through its attorney, asserted the Planning Commission may be acting in violation of the Fair Housing Act and Americans with Disabilities Act by relying on public comments made at the hearing that are discriminatory in that they are based on fears or concerns related to persons with disabilities. That is simply not the case. The Planning Commission acknowledged that the public expressed concern regarding the proposed facility, but it did not endorse or adopt those concerns. Instead, the Planning Commission mentioned the Applicant did not answer many of the questions asked because apparently many of the details related to the facility have 3 577578v4CR205-30 not been worked out. When the Planning Commission did engage in a discussion regarding the application at its May 13, 2019 meeting, it focused on the applicable criteria and the rezoning restrictions placed on properties in that area adopted as part of the decennial update to the Comprehensive Plan. Additionally, while it was pointed out the Applicant has not made a request for a reasonable accommodation as is expressly provided for in Crystal city code, section 345, the Planning Commission finds that allowing the rezoning despite determining it is contrary to the Comprehensive Plan would not be reasonable as it would place an undue financial and administrative burden on the City, specifically its emergency services. The Applicant’s failure to provide any specifics, and in some cases inconsistent information, regarding the facility gives rise to reasonable concerns it will need to rely heavily on the City’s emergency services. 11.Having found the requested rezoning is not consistent with the guidelines in the Comprehensive Plan or the criteria in the Code, the Planning Commission recommends that the requested rezoning be denied and, therefore, also recommends denial of the site plan proposed for the use. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Crystal, based on the record of this matter and the findings and determinations contained herein, hereby recommends the City Council deny the Applicant’s request to rezone the Property to Planned Development and further recommends that the site plan to allow for the construction of a specialized care facility on the Property be disapproved as it proposes a use that is not allowed without rezoning. Adopted by the Crystal Planning Commission this 13th day of May, 2019. ____________________________ Chair, Crystal Planning Commission 4 577578v4CR205-30 EXHIBIT A Legal Description of the Property Parcel 1: Lot 1, Block 1, Douglas Medical Plaza, Hennepin County, Minnesota; Parcel 2: Lots 1, 2 and 3, Block 1, Douglas Plaza Addition, Hennepin County, Minnesota; Parcel 3: Lots 1 and 2, Block 1, Andersons Gardendale Acres, Hennepin County, Minnesota. 1 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2019 ______ RESOLUTION APPROVING REZONING TO PLANNED DEVELOPMENT AND APPROVAL OF A SITE PLAN WHEREAS, A-1 Reliable Home Care (“Applicant”) submitted an application to the City of Crystal (“City”) to rezone the property located at 3501 Douglas Drive North in Crystal, which is legally described in Exhibit A (“Property”), to Planned Development (C-PD); and WHEREAS, the Applicant has also submitted, and is seeking approval of, a site plan to construct a specialized care facility on the Property as provided in Crystal city code, subsection 510.17; and WHEREAS, the Property consists of six parcels that the Applicant is also proposing to replat into a single parcel; and WHEREAS, the Planning Commission held a public hearing regarding the Applicant’s requests on April 8, 2019, which was continued to May 13, 2019, at which the Planning Commission adopted a resolution recommending the City Council deny the requested rezoning and site plan for the reasons set out in the resolution; and WHEREAS, the City Planner’s report (“Planner’s Report”) dated May 16, 2019 regarding this matter, which is attached hereto as Exhibit B, is incorporated herein and made part of this Resolution, except that the conditions set out below shall be controlling; and WHEREAS, the City Council finds and determines as follows with respect to the requested approvals: a.A portion of the Property is currently zoned Commercial (C) and the other portion of the Property is currently zoned Low Density Residential (R-1); b.The properties surrounding the Property are primarily zoned R-1, with some R-2; c.The Comprehensive Plan designates a portion of the Property for neighborhood commercial and the other portion for medium density residential; d.The request to rezone to C-PD is subject to the procedures set out in Crystal city code, subsections 510.29 and 510.31; e.Under Crystal city code, subsection 510.29, subd. 3, when reviewing a rezoning request the following three criteria are, at a minimum, to be considered: (1)The specific policies and recommendations of the comprehensive plan and other city plans; Attachment I 2 (2)The purpose and intent of this UDC, or in the case of a map amendment, whether it meets the purpose and intent of the individual district; and (3)If applicable, the adequacy of a buffer or transition provided between potentially incompatible districts; f.The City Council appreciates the Planning Commission’s work to hear and make a recommendation regarding this matter, but the City Council reaches a different conclusion regarding the application of the rezoning criteria and the Comprehensive Plan regarding the proposed rezoning; g.As to the policies and recommendations of the comprehensive plan, the Planner’s Report points out that the 2030 Comprehensive Plan prohibits the rezoning of the Property unless the City Council determines that the request is fully consistent with certain guidelines for the potential redevelopment area that the Applicant’s site is located in. The City Council agrees with the findings in the Planner’s Report which finds that the requested rezoning is consistent with these guidelines; h.The above findings also speak to the second rezoning criteria. For the same reasons the City Council finds the requested rezoning to be consistent with the purpose and intent of the UDC or the surrounding properties, including that the rezoning to Planned Development meets the Development Standards for Planned Developments in Crystal city code, subsection 515.13; i.Deciding whether to rezone property is a policy question that requires the City to exercise its legislative discretion; and j.The City Council also finds that the proposed site plan is consistent with the UDC. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal, based on the record of this matter, the Planner’s Report, and the findings and determinations contained herein, as follows: 1.The Applicant’s request to rezone the Property to Planned Development (C-PD) shall be approved through the City Council’s adoption of an ordinance processed in accordance with the City’s required procedures. 2.The approved rezoning shall be subject to the conditions set out in the rezoning ordinance. 3.The Applicant’s site plan to allow for the construction of a specialized care facility on the Property is hereby approved. Adopted by the Crystal City Council this 21st day of May, 2019. 3 ____________________________ Jim Adams, Mayor Attest:__________________________ Trudy Tassoni, Administrative Services Coordinator 4 EXHIBIT A Legal Description of the Property Parcel 1: Lot 1, Block 1, Douglas Medical Plaza, Hennepin County, Minnesota; Parcel 2: Lots 1, 2 and 3, Block 1, Douglas Plaza Addition, Hennepin County, Minnesota; Parcel 3: Lots 1 and 2, Block 1, Andersons Gardendale Acres, Hennepin County, Minnesota. 5 EXHIBIT B Planner’s Report (attached hereto) 1 582332v2CR205-30 ORDINANCE NO. 2019 - _____ CITY OF CRYSTAL AN ORDINANCE AMENDING THE ZONING MAP TO REZONE PROPERTY FOR A-1 RELIABLE HOME CARE LOCATED AT 3501, 3503 AND 3505 DOUGLAS DRIVE NORTH FROM COMMERCIAL (C) AND LOW DENSITY RESIDENTIAL (R-1) TO COMMERCIAL – PLANNED DEVELOPMENT (C-PD) THE CITY OF CRYSTAL ORDAINS: Section 1. Legislative Findings. The City Council of the City of Crystal hereby finds and determines as follows: (a)A-1 Reliable Home Care (“Applicant”) is proposing to purchase the property at 3501, 3503, and 3505 Douglas Drive North (“Property”) and has requested the City to rezone the property to the planned development overlay district as provided in Crystal city code, subsection 510.31; and (b)The request would rezone the Property from Commercial (C) and Low Density Residential (R-1) to Commercial Planned Development (C-PD); and (c)The rezoning request is to allow the construction of a specialized care facility, which involves the consolidation of the Property into a single platted parcel, which must be approved separately, and approval of a site plan; and (d)The Planning Commission held a public hearing on the rezoning request on April 8, 2019 and on May 13, 2019 voted to forward the requested rezoning to the City Council with a recommendation that it be denied; (e)Notwithstanding the Planning Commission recommendation, the City Council determines the proposed rezoning and site plan comply with the approval criteria in Crystal city code, subsections 510.17, 510.29, 510.31, and other applicable provisions; and (f)As a result of the rezoning, the proposed facility will not require a conditional use permit and so the conditions imposed on the use of the Property, and with which the Applicant must comply, are set out in this Ordinance. Section 2. Rezoning. The Zoning Map of Crystal, Minnesota is hereby amended as follows: The zoning classification of the following legally described property addressed as 3501, 3503, and 3505 Douglas Drive North, currently classified as Commercial (C) Attachment J 2 582332v2CR205-30 and Low Density Residential (R-1), shall henceforth be classified as Commercial (C) – Planned Development (C-PD): Lot 1, Block 1, ____________________, Hennepin County, Minnesota Section 3. Conditions. The rezoning approved by the ordinance is subject to compliance with the following conditions: 1.Site Plan. The development shall be constructed according to the approved site plan. Prior to disturbing the site, the applicant shall: a.Receive approval by the City Council of lot consolidation and easement vacation applications to combine the applicant’s six properties at 3449, 3501, and 3505 Douglas Drive and 3442, 3456, and 3500 Edgewood Avenue into one parcel, vacate drainage and utility easements, and provide new easements on the final plat document; b.Receive approval of the stormwater management plan by the Bassett Creek Watershed Management Commission; and c.Sign a site improvement agreement with the city and provide an escrow to guarantee installation of the parking lot, infiltration basin, and landscaping plan. 2.Security personnel. The Applicant shall retain qualified security personnel who are employed by a private or public security company for the building at 3503 Douglas Drive, with one such person on site at any given time. 3.Rental license and inspection. Before the Applicant receives a certificate of occupancy from the City for the specialized care facility, they shall secure a rental license from the City, and renew this license annually as required by the City. The required rental licensing shall be the same as for a 30-unit multiple- family apartment dwelling, which includes an inspection to verify that the facility meets the property maintenance regulations of Crystal city code, section 425, as may be amended by the City Council. 4.Building permit. The Applicant shall apply for a building permit for the proposed building within one year from the date of City Council’s resolution approving the rezoning and site plan. The Applicant may request a one-year extension from the City Council of this deadline date. Section 4. Zoning Map Amendment. The zoning administrator is authorized and directed to amend the Zoning Map in accordance with this ordinance and to take any such other actions as may be required to effectuate this rezoning. 3 582332v2CR205-30 Section 5. Effective Date. This ordinance shall not be codified into the Crystal city code and is effective in accordance with Crystal city code, subsection 110.11. First Reading: _______________________________ Second Reading and Adoption: ________________________ Publication: ________________________ Effective Date: ________________________ ______________________________ Jim Adams, Mayor ATTEST: __________________________________ Trudy Tassoni, Administrative Services Coordinator 1 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2019-______ RESOLUTION DENYING REQUEST TO REZONE PROPERTY TO PLANNED DEVELOPMENT AND RELATED SITE PLAN WHEREAS, A-1 Reliable Home Care (“Applicant”) submitted an application to the City of Crystal (“City”) to rezone the property located at 3501 Douglas Drive North in Crystal, which is legally described in Exhibit A (“Property”), to Planned Development (C-PD); and WHEREAS, the Applicant has also submitted, and is seeking approval of, a site plan to construct a specialized care facility on the Property as provided in Crystal city code, subsection 510.17; and WHEREAS, the Property consists of six parcels that the Applicant is also proposing to replat into a single parcel, which requires a separate application and approvals; and WHEREAS, the Planning Commission held a public hearing regarding the Applicant’s requests on April 8, 2019, which was continued to May 13, 2019, at which the Planning Commission adopted a resolution recommending the City Council deny the requested rezoning and site plan for the reasons set out in the resolution; and WHEREAS, the City Planner’s report (“Planner’s Report”) dated May 16, 2019 regarding this matter, which is attached hereto as Exhibit B, is incorporated herein and made part of this Resolution; and WHEREAS, the City Council finds and determines as follows with respect to the requested approvals: 1.A portion of the Property is currently zoned Commercial (C) and the other portion of the Property is currently zoned Low Density Residential (R-1); 2.The properties surrounding the Property are primarily zoned R-1, with some R-2; 3.The Comprehensive Plan designates a portion of the Property for neighborhood commercial and the other portion for medium density residential; 4.The request to rezone to C-PD would establish the underlying district for the entire Property as commercial and the PD overlay would allow a mix of principal uses on the Property; 5.The rezoning request is subject to the procedures set out in Crystal city code, subsections 510.29 and 510.31; Attachment K 2 6.Under Crystal city code, subsection 510.29, subd. 3, when reviewing a rezoning request the following three criteria are, at a minimum, to be considered: (a)The specific policies and recommendations of the comprehensive plan and other city plans; (b)The purpose and intent of this UDC, or in the case of a map amendment, whether it meets the purpose and intent of the individual district; and (c)If applicable, the adequacy of a buffer or transition provided between potentially incompatible districts. 7.As to the policies and recommendations of the comprehensive plan, the Planner’s Report points out that the 2030 Comprehensive Plan prohibits the rezoning of the Property unless the City Council determines the request is fully consistent with certain guidelines. While the Planner’s Report recommends finding that the requested rezoning is consistent with the guidelines, the City Council disagrees. Specifically, the City Council finds that, with respect to the guideline requiring the development to be compatible with adjacent land uses and systems, the proposed rezoning and resulting use of the Property would not be compatible with the residential character of the area. The guideline specifically expresses a preference for townhome structures with separate private entrances and disfavors apartment-style buildings as is being proposed. Additionally, the guidelines expressly prohibit commercial uses that are incompatible with adjacent land uses. A number of residents were heard at the neighborhood meeting and the public hearing that the proposed use is incompatible with the surrounding residential uses. The City Council agrees with the Planning Commission that rezoning the Property would produce a use that is incompatible with the current residential uses and with how the area is guided for the future. The proposed uses would result in developing this Property in a way not envisioned or guided in the Comprehensive Plan. The City has expressly reserved for itself in the Comprehensive Plan the discretion to deny any development application that it determines to be incompatible with the guiding principles set out for this area; 8.The above findings also speak to the second rezoning criteria. For the same reasons the City Council finds the requested rezoning to not be consistent with the purpose and intent of the UDC or the surrounding properties; 9.The proposed commercial zoning of the Property also does not provide an adequate buffer or transition to the surrounding residential uses. The proposed uses involve a high-density institutional structure that is not consistent with the single-family homes in the immediate area. Because the proposed commercial zoning and institutional structure would provide little to no buffer to the surrounding residential uses, the proposed rezoning does not satisfy the third criteria for rezoning; 10.While public comment has been made in opposition to the proposed use, the public comment is not the basis for this decision. The City Council understands that while public opposition can be considered, it cannot constitute the sole basis for a zoning decision. In this case, the City Council determines the rezoning request does not 3 satisfy criteria the City Council established for itself when making these legislative decisions; 11.A rezoning request is a legislative decision that is left to the broad discretion of the City Council. The City Council’s decision must be upheld unless it is proven to be “unsupported by any rational basis related to promoting the public health, safety, morals, or general welfare.” State, by Rochester Association of Neighborhoods v. City of Rochester, 268 N.W.2d 885, 888 (1978). Furthermore a “city council has broad discretion in legislative matters, and even if the city council's decision is debatable, so long as there is a rational basis for what it does, the courts do not interfere.” Honn v. City of Coon Rapids, 313 N.W.2d 409, 415 (Minn. 1981); and 12.The Applicant has, through its attorney, asserted the City may be acting in violation of the Fair Housing Act and Americans with Disabilities Act by relying on public comments made at the hearing that are discriminatory in that they are based on fears or concerns related to persons with disabilities. That is simply not the case. The public expressed a range of concern regarding the proposed facility, but the City Council has not endorsed or adopted those concerns. Instead, this denial focuses, and is based on, a failure of the requested rezoning to satisfy the criteria established in the Crystal city code and its Comprehensive Plan for rezoning in this area. The City Council, with the assistance of the Planning Commission, undertook a substantial effort to review land use in the City and to update its Comprehensive Plan. That process resulted in identifying this area as a special area subject to specific limitations, including on rezoning requests. The City Council cannot approve a rezoning that it finds is contrary to the criteria it has established for considering rezoning requests and how it has guided this area in its Comprehensive Plan. 13.It was pointed out at the May 13, 2019 Planning Commission meeting that the Applicant has not made a request for a reasonable accommodation. Additionally, no such request has been received by the City since that meeting. In 2017, the City Council adopted Crystal city code, section 345, which sets out the process to submit a request for reasonable accommodation. Under Crystal city code, subsection 345.02, “[a] person may request the modification or waiver of city regulations or policies by submitting a request in writing to the city manager.” Furthermore, “[i]f the request relates to a matter requiring specific review or approval by the city, then the applicant must file the request for reasonable accommodation concurrently with the application seeking review or approval.” The rezoning application constitutes a matter requiring specific review or approval by the City and so if the Applicant had desired to make a request for reasonable accommodation that request was to be submitted in writing to the City Manager when submitting its application for rezoning. “It is the policy of the city to provide reasonable accommodation for persons with disabilities seeking fair and equal access to housing,” but the City cannot be left to guess whether someone wishes to request an accommodation. That is, in part, why the City established a written process as part of its Code so both the public and the City are clear on how requests are to be submitted and processed. 4 14.Having found the requested rezoning is not consistent with the guidelines in the Comprehensive Plan or the criteria in the Code, the City Council determines it must deny the requested rezoning and, therefore, also deny the site plan proposed for the use. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based on the record of this matter and the findings and determinations contained herein, hereby denies the Applicant’s request to rezone the Property to Planned Development and further disapproves the site plan to allow for the construction of a specialized care facility on the Property as it proposes a use that is not allowed without rezoning. Adopted by the Crystal City Council this 21st day of May, 2019. ____________________________ Jim Adams, Mayor ATTEST: ____________________________________ Trudy Tassoni, Administrative Services Coordinator 5 EXHIBIT A Legal Description of the Property Parcel 1: Lot 1, Block 1, Douglas Medical Plaza, Hennepin County, Minnesota; Parcel 2: Lots 1, 2 and 3, Block 1, Douglas Plaza Addition, Hennepin County, Minnesota; Parcel 3: Lots 1 and 2, Block 1, Andersons Gardendale Acres, Hennepin County, Minnesota. 6 EXHIBIT B Planner’s Report (attached hereto) PAGE 1 OF 2 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ DATE: May 16, 2019 TO: Anne Norris, City Manager (for May 21 Council meeting) SUBJECT: Consider a resolution establishing a 1-hour time limit for the parking bay in front of 6300-6500 56th Avenue North Background In 2018 the city reconstructed the streetscape along the north side of Bass Lake Road from Elmhurst to Hampshire Avenues. This project included a 12-space, on-street parallel parking bay in front of the businesses at 6300-6500 56th Avenue North. This was intended to enhance business viability by providing convenient, short-term parking for customers, with the adjacent city-owned parking lots continuing to be available for longer-term parking. The parking bay opened for use in July 2018. In 2019 the city began receiving complaints about some business owners/employees using the parking bay for longer-term parking. Parking Study In response to these complaints, city staff completed a parking study during a snow-free five- day period in late March and determined the following: Depending on the day, there were at least three and as many as eight vehicles parked for more than two hours On a majority of days there were times when five of the twelve spaces were occupied by vehicles there for more than two hours Every day there was at least one vehicle parked for more than four hours Some vehicles parked for more than eight hours Conclusions, Recommendation and Outreach The use of the parking bay is inconsistent with its purpose and intent The problem occurs frequently enough to warrant city action A 1-hour parking limit would best match the purpose and intent of the parking bay Enforcement would necessarily be a lower priority item for the Police Department so it would likely be enforced only on a complaint basis City staff provided a letter (copy attached) and also talked to the adjacent businesses directly on May 10. No businesses that we spoke with expressed an objection to a 1-hour time limit and no phone or email comments have been received. COUNCIL STAFF REPORT Bass Lake Road Parking Bay 1-Hour Time Limit 6.4 PAGE 2 OF 2 Next Steps (if the Council approve the 1-hour time limit): Public Works will order the signs and install them after receipt Installation is anticipated in July The time limit will go in effect when the signs are installed Requested City Council Action Motion to adopt the attached resolution establishing a 1-hour time limit 6.4 'RXJODV'ULYH1RUWK‡&U\VWDO0LQQHVRWD  7HO  ‡)D[  ‡ZZZFU\VWDOPQJRY           dŽ͗ ƵƐŝŶĞƐƐĞƐĂŶĚƉƌŽƉĞƌƚLJŽǁŶĞƌƐĂůŽŶŐƚŚĞŶŽƌƚŚƐŝĚĞŽĨĂƐƐ>ĂŬĞZŽĂĚ  &ƌŽŵ͗ :ŽŚŶ^ƵƚƚĞƌ͕ŽŵŵƵŶŝƚLJĞǀĞůŽƉŵĞŶƚŝƌĞĐƚŽƌ͕ϳϲϯ͘ϱϯϭ͘ϭϭϯϬ͕ũŽŚŶ͘ƐƵƚƚĞƌΛĐƌLJƐƚĂůŵŶ͘ŐŽǀ  ĂƚĞ͗ DĂLJϭϬ͕ϮϬϭϵ  ^ƵďũĞĐƚ͗ ĂƐƐ>ĂŬĞZŽĂĚ^ƚƌĞĞƚƐĐĂƉĞʹ^ƉƌŝŶŐϮϬϭϵhƉĚĂƚĞ  ^dZd^WKE^dZhd/KE ŽŶƐƚƌƵĐƚŝŽŶŝƐĐŽŵƉůĞƚĞĞdžĐĞƉƚĨŽƌƌĞƉůĂĐĞŵĞŶƚŽĨƚƌĞĞƐĂŶĚƉůĂŶƚƐƚŚĂƚĚŝĚŶŽƚƐƵƌǀŝǀĞƚŚĞǁŝŶƚĞƌ͕ƌĞͲ ĚŽŝŶŐƚŚĞƐŽŝůĂŶĚƐĞĞĚŝŶŐĂůŽŶŐůŵŚƵƌƐƚǀĞŶƵĞ͕ĂŶĚŽƚŚĞƌŵŝŶŽƌŝƚĞŵƐ͘dŚĂŶŬLJŽƵĨŽƌLJŽƵƌƉĂƚŝĞŶĐĞ ĚƵƌŝŶŐƚŚĞĐŽŶƐƚƌƵĐƚŝŽŶƉƌŽĐĞƐƐ͘  KEͲ^dZdWZ>>>WZ</E'zʹϭͲ,KhZWZ</E'd/D>/D/d/E'KE^/Z /ŶƌĞƐƉŽŶƐĞƚŽĐŽŵŵƵŶŝƚLJĐŽŵƉůĂŝŶƚƐ͕ƚŚĞĐŝƚLJƌĞĐĞŶƚůLJĐŽŵƉůĞƚĞĚĂƉĂƌŬŝŶŐƐƚƵĚLJǁŚŝĐŚƐŚŽǁĞĚƚŚĂƚ ƚŚĞƉĂƌŬŝŶŐďĂLJŝƐŽĨƚĞŶďĞŝŶŐƵƐĞĚĨŽƌůŽŶŐͲƚĞƌŵƉĂƌŬŝŶŐŝŶƐƚĞĂĚŽĨƐŚŽƌƚͲƚĞƌŵƉĂƌŬŝŶŐĂƐŝŶƚĞŶĚĞĚ͘ dŚĞŝƚLJŽƵŶĐŝůǁŝůůĐŽŶƐŝĚĞƌĂϭͲŚŽƵƌƚŝŵĞůŝŵŝƚĂƚŝƚƐŶĞdžƚŵĞĞƚŝŶŐĂƚϳ͗ϬϬƉ͘ŵ͘ŽŶdƵĞƐĚĂLJ͕DĂLJϮϭĂƚ ƌLJƐƚĂůŝƚLJ,Ăůů͘/ĨƚŚĞƚŝŵĞůŝŵŝƚŝƐĂƉƉƌŽǀĞĚ͕ƚŚĞŶƚŚĞƐŝŐŶƐǁŝůůůŝŬĞůLJďĞŝŶƐƚĂůůĞĚƐŽŵĞƚŝŵĞƚŚŝƐ ƐƵŵŵĞƌĂŶĚƚŚĞƚŝŵĞůŝŵŝƚǁŝůůŐŽŝŶƚŽĞĨĨĞĐƚŝŵŵĞĚŝĂƚĞůLJǁŚĞŶƚŚĞƐŝŐŶƐĂƌĞŝŶƐƚĂůůĞĚ͘  >/ddZKEdZK> ƌĞLJŽƵǁŝůůŝŶŐƚŽŚĞůƉŬĞĞƉƚŚŝƐĂƌĞĂůŽŽŬŝŶŐŐŽŽĚ͍,ĞůƉŝŶŐǁŝƚŚůŝƚƚĞƌĐůĞĂŶͲƵƉŝƐŽŶĞǁĂLJLJŽƵĐĂŶ ŚĞůƉ͘dŚĞĐŝƚLJ͛ƐWƵďůŝĐtŽƌŬƐƐƚĂĨĨƉŝĐŬƐƵƉůŝƚƚĞƌŝŶƚŚĞƉĂƌŬŝŶŐůŽƚƐĂŶĚƐƚƌĞĞƚƐĐĂƉĞǁŚĞŶƚŝŵĞĂůůŽǁƐ͕ ďƵƚƚŚĞĂƌĞĂǁŽƵůĚůŽŽŬďĞƚƚĞƌŝĨĚŽŶĞŵŽƌĞĨƌĞƋƵĞŶƚůLJ͘WůĞĂƐĞĨĞĞůĨƌĞĞƚŽŚĞůƉďLJƉŝĐŬŝŶŐƵƉůŝƚƚĞƌŽŶ ĂŶŝŶĨŽƌŵĂůďĂƐŝƐŝĨLJŽƵ͛ƌĞĐŽŵĨŽƌƚĂďůĞĚŽŝŶŐƐŽ͘ŶĚŝĨLJŽƵǁĂŶƚƚŽĚŽƐŽŵĞƚŚŝŶŐŵŽƌĞĨŽƌŵĂů͕ƐƵĐŚĂƐ ĂŶŽƌŐĂŶŝnjĞĚŐƌŽƵƉĞĨĨŽƌƚ͕ƉůĞĂƐĞĐŽŶƚĂĐƚŵĞƚŽƌĞƋƵĞƐƚƐƵƉƉůŝĞƐ;ďĂŐƐ͕ƐĂĨĞƚLJǀĞƐƚƐ͕ĞƚĐ͘ͿĨƌŽŵƚŚĞĐŝƚLJ͘  &>KtZW>EdZKy^ tŽƵůĚLJŽƵůŝŬĞƚŽƐƉŽŶƐŽƌĂĨůŽǁĞƌƉůĂŶƚĞƌďŽdž͍dŚĞďŽdžĞƐǁŝůůďĞƌĞĂĚLJĨŽƌƉůĂĐĞŵĞŶƚďLJƚŚĞĞŶĚŽĨ ŶĞdžƚǁĞĞŬ͘tĞŚĂǀĞƐƉŽŶƐŽƌƐĨŽƌƐŽŵĞďŽdžĞƐďƵƚŵŽƌĞĂƌĞĂǀĂŝůĂďůĞ͘WůĞĂƐĞĐŽŶƚĂĐƚŵĞďLJdƵĞƐĚĂLJ͕ DĂLJϭϰŝĨLJŽƵĂƌĞŝŶƚĞƌĞƐƚĞĚŝŶƐƉŽŶƐŽƌŝŶŐĂĨůŽǁĞƌƉůĂŶƚĞƌďŽdž͘ dŚĞďŽdžĞƐĂƌĞ͚ĨŽƌĞƐƚŐƌĞĞŶ͛ĂŶĚĂƌĞϰ͛ůŽŶŐ͕Ϯ͛ǁŝĚĞĂŶĚϮ͛ƚĂůů;ƐĞĞƉŚŽƚŽŽŶƚŚĞŽƚŚĞƌƐŝĚĞͿ dŚĞĐŝƚLJƉƌŽǀŝĚĞƐƚŚĞƐŽŝůĂŶĚƉůĂŶƚƐƚŚĞĨůŽǁĞƌƐŝŶƚŚĞďŽdž dŚĞƐƉŽŶƐŽƌŝŶŐďƵƐŝŶĞƐƐǁĂƚĞƌƐĂŶĚǁĞĞĚƐƚŚĞďŽdžĚƵƌŝŶŐƚŚĞŐƌŽǁŝŶŐƐĞĂƐŽŶ dŚĞĐŝƚLJƌĞŵŽǀĞƐƚŚĞďŽdžŝŶĂƵƚƵŵŶĂŶĚƌĞƚƵƌŶƐŝƚƚŽƚŚĞƐƚƌĞĞƚƐĐĂƉĞƚŚĞĨŽůůŽǁŝŶŐƐƉƌŝŶŐ   WůĞĂƐĞĐŽŶƚĂĐƚŵĞĂƚϳϲϯ͘ϱϯϭ͘ϭϭϯϬŽƌũŽŚŶ͘ƐƵƚƚĞƌΛĐƌLJƐƚĂůŵŶ͘ŐŽǀ ŝĨLJŽƵŚĂǀĞƋƵĞƐƚŝŽŶƐŽƌǁŝƐŚƚŽĚŝƐĐƵƐƐƚŚĞƐĞŝƚĞŵƐ͘dŚĂŶŬLJŽƵ͊ 6.4  &ůŽǁĞƌWůĂŶƚĞƌŽdž            /ĨLJŽƵǁŽƵůĚůŝŬĞƚŽŬŶŽǁŵŽƌĞĂďŽƵƚƚŚĞƌĞĐŽŶƐƚƌƵĐƚŝŽŶŽĨĞĐŬĞƌWĂƌŬ ĐƵƌƌĞŶƚůLJƵŶĚĞƌǁĂLJ͕ƉůĞĂƐĞǀŝƐŝƚƚŚĞƉƌŽũĞĐƚǁĞďƐŝƚĞ͗ǁǁǁ͘ďĞĐŬĞƌƉĂƌŬ͘ĐŽŵ    6.4 RESOLUTION NO. 2019 - ______ ESTABLISHING A 1-HOUR TIME LIMIT FOR THE ON-STREET PARKING BAY ON THE NORTH SIDE OF BASS LAKE ROAD (6300-6500 56TH AVENUE NORTH) WHEREAS, in 2018 the city constructed an on-street parallel parking bay on the north side of Bass Lake Road in front of properties addressed as 6300-6500 56th Avenue North; and WHEREAS, the intent of this parking bay is to provide more convenient access to the adjacent businesses by providing short-term parking; and WHEREAS, the city has received complaints about this parking bay being used for long- term parking contrary to its intended purpose; and WHEREAS, in response to these complaints, the city completed a parking study which confirmed that the parking bay is being used for long-term parking; and WHEREAS, the imposition of a 1-hour time limit would help ensure that the parking bay is used for its intended purpose; and WHEREAS, longer-term parking is available in the adjacent city-owned parking lots. NOW, THEREFORE, BE IT RESOLVED that the city hereby prohibits the parking of any vehicle for a time period in excess of one hour in the on-street parallel parking bay on the north side of Bass Lake Road in front of properties addressed as 6300-6500 56th Avenue North. BE IT FURTHER RESOLVED that, notwithstanding this time limit, the parking bay is also subject to the citywide prohibition of on-street parking between 2:00 and 5:00 a.m. Adopted by the Crystal City Council this 21st day of May 2019. Jim Adams, Mayor ATTEST: ____________________________ Trudy Tassoni Administrative Services Coordinator 6.4 Memorandum DATE: May 21, 2019 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: 2020-2025 utility reconstruction feasibility study Summary Over the past year staff have been working on a long term plan for infrastructure replacement including sanitary sewer and water. Through this process an area of the City was identified as a top priority for water and sanitary sewer reconstruction. The City requested a proposal from SEH, Inc. to complete a feasibility report of the area around Neill School and south of Bassett Creek Park. The purpose of the feasibility report is to look at the next 6 years (2020-2025) of utility reconstruction areas, get detailed cost estimates, and help the City to prioritize the sequencing of the yearly projects. This item was discussed at the May 7, 2019 Council work session. Schedule and map - reconstruction Attached to this memo is a map of the reconstruction long term plan. The City is broken down into areas in a manner that tried to balance out the estimated construction cost, while not being unreasonable in expectations for how long existing infrastructure will last. The legend shows the scheduled year of work starting in that area and the duration of a given area (which can vary). Cost The cost for this feasibility study is $132,994 and will be paid for out of the water and sanitary sewer utility funds. This study will allow each yearly project to go right into final design thus making the design process more efficient and costing less for professional services. Funding Due to the sanitary sewer and water main replacement being the driving factor for these changes, the respective utility funds will be paying for the project (including professional services). No special assessments, franchise fees, or bonding will be utilized. Attachment •Reconstruction Long Term Plan map •SEH Letter of Agreement Council action •Motion to approve the resolution authorizing the 2020-2025 utility reconstruction feasibility study 6.5 Schedule Local Streets Recon Year, Miles NA, .48 2019 (NH), .075 2020, 5.82 2024, .50 2026, 5.1 2029, 6.08 2032, 4.40 2034, 4.23 2037, 4.41 2040, 12.21 2047, 5.90 2050, 7.26 2055, 4.37 2058, 6.21 2062, 5.41 2065, 4.94 2068, 5.44 2072, 6.98 ´0 0.25 0.5 0.75 1Miles Utility Reconstruction Schedule Reconstruction Year 6.5 Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 300, Minnetonka, MN 55343-9302 SEH is 100% employee-owned | sehinc.com | 952.912.2600 | 800.734.6757 | 888.908.8166 fax Supplemental Letter of Agreement to Agreement for Professional Services Dated January 15, 2019 April 26, 2019 RE: Crystal, MN 2020-2025 - Utility Reconstruction Feasibility Study SEH No. P-CRYST 150021 10.00 Mark Ray, PE Director of Public Works / City Engineer City of Crystal 4141 Douglas Drive North Crystal, MN 55422-1696 Dear Mark: Short Elliott Hendrickson Inc. (SEH®) is pleased to submit our Supplemental Letter Agreement (SLA) for the 2020-2025 Utility Reconstruction Feasibility Study (Study). If accepted, this SLA describes how we will provide these services for a not-to-exceed fee of $132,994.00. This amount is detailed in the attached Task Hour Budget (THB) and includes our reimbursable expenses and subconsultant costs. We will bill the City monthly for reimbursable expenses and on an hourly basis for labor. We will provide these services in accordance with our Agreement for Professional Services dated January 15, 2019 (Agreement). We understand the City recently completed its 20+ year Local Street Reconstruction Program (program). As part of the program, groups of neighborhood streets were reconstructed annually with generally new concrete curb and gutter and storm sewer where feasible and practical. However, the City’s water and sanitary sewer trunk and service pipes were generally not included. Now the City has developed a long- term plan for reconstructing these utilities and miscellaneous storm sewer infrastructure on a regular basis. Reconstruction of these City utilities will require the City to also reconstruct the street. The City has prioritized areas where historically the most utility challenges have occurred and the pavement condition is due for rehabilitation. The Study area limits are mainly bounded on the west by Louisiana Avenue, the south by Medicine Lake Road (CSAH 70)(not included), the east by Douglas Drive (CSAH 102)(not included), and the north by 32nd Avenue (not included). This area and other miscellaneous areas are shown in Figure 1 attached. We propose the following key activities in order to complete the Study: 1.Prepare a “kick-off” newsletter that will include the resident survey on sump pumps, sanitary sewer service repair, and presence of private underground lawn irrigation and pet containment systems. 2.Study the existing storm sewer system for opportunities to mitigate existing drainage problem areas. 3.Study the impact of construction on existing trees, retaining walls and other features in the boulevard area due to water and sewer service pipe reconstruction. This includes a tree species inventory of all trees within the City’s right of way. 6.5 Mark Ray, PE April 26, 2019 Page 2 4.Coordinate replacement of private sanitary sewer service lateral pipes within the City’s right-of-way. 5.Assist the City in coordinating with CenterPoint Energy, Centurylink and other private utilities for potential system wide upgrades. 6.Complete soil investigation work with our sub-consultant Northern Technologies, Inc. 7.Obtain topographic survey data and condition surveys of all sanitary sewer manholes and storm sewer manholes/catch basins. 8.Complete Engineer’s Opinion of Probable Cost to determine 2020 Street Reconstruction project limits using historical bid unit prices and average inflation rates of previous Crystal neighborhood street reconstruction projects. 9.Prepare for the following meetings: a.Three (3) with Engineering and Public Works Staff b.One (1) City Council meeting to present report findings We will deliver two (2) final paper copies and one (1) electronic portable document format (pdf) file of the Study for your use. The entire Study area street length is approximately 6.63 miles. In general, the City plans to reconstruct specific sections of these areas each year starting in 2020 and ending in 2025. The City understands efficiencies will be gained and costs lowered by studying the entire area now. Since the City is completing this work now, subsequent future reconstruction project years 2021-2025 will be able to move directly into final design since all design data will be collected now. We will start our services promptly after receipt of your authorization of this Agreement. We anticipate fitting our work to match the following key City milestones. Italicized text lists anticipated milestones should the 2020 project be authorized. Item Milestone Date Authorization to Proceed May 21, 2019 Begin Topographic Survey May 27, 2019 Submit Draft Study to the City July 2019 Submit Final Study to the City August 2019 Present Final Study to the City Council and Seek Authorization to Proceed with Final Design for 2020 Street Reconstruction Area September 2019 Neighborhood Open House No. 1 October 2019 Neighborhood Open House No. 2 November 2019 Final Bid Documents Complete January 2020 Bid Opening February 2020 Begin Construction May 2020 This Supplemental Letter Agreement and the Agreement represent the entire understanding between you and us in respect to the project and may only be modified in writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement, please sign the enclosed copy of this letter in the space provided below and return it to us. Thank you for our continued working relationship with the City. Please contact me at 952.912.2616 or tmuse@sehinc.com with questions regarding this proposal. 6.5 Mark Ray, PE April 26, 2019 Page 3 Sincerely, SHORT ELLIOTT HENDRICKSON INC. Toby Muse, PE Project Manager City of Crystal, Minnesota Accepted this _____ day of _________________, 2019 By: _____________________________ Title: _____________________________ By: _____________________________ Title: _____________________________ Enclosures p:\ae\c\cryst\150021\1-genl\10-setup-cont\03-proposal\2020-2025 street reconstruction feasibility report proposal rev1 04 26 19.docx 6.5 6.5 CSM/PM PE Grad Eng Sr Tech PE GIS AnalystSurvey Crew Chief Survey TechAccounting Rep Admin TechSubconsultant & Expenses (32) Total1.1111124422224103N/A13$1,880.84$321.79 $2,202.621.2441966122212 101N/A 23$2,257.01 $1,402.56$107.26 $3,766.8322 1031N/A 36$4,137.84 $1,402.56$321.79 $107.26 $108.00 $6,077.452.1221111112211442242210 5 3 N/A 18$998.98$699.16$321.79$2,019.932.234799313N/A16$420.77$1,883.09$2,303.86CRYST 150021April 26, 2019Billing TitleTask #1 - Project ManagementKick-off meeting with City staffCity Staff and City Council MeetingsSubtotal HoursSubtotal FeesTask Hours SummaryTask Fee SummaryTask #2 - Preliminary EngineeringClosed Circuit Television (CCTV) Tapes/Disks and Logs (1)Sanitary sewer manhole structure survey data (3)2020-2025 Street Reconstruction Feasibility StudyCity of Crystal, MinnesotaMeetings (Notice, Agenda, Materials, Minutes)Project schedule and fee reviewInvoice managementSubtotal HoursSubtotal FeesContract and GeneralDevelop contract & subconsultant agreementsCreate project in accounting systemCoordinate subconsultant services/invoicesSubtotal HoursSubtotal FeesData CollectionCollect Data from CityUtility Coordination ProcessConduct Utility One Call & Collect Utility MapsList of property owner information (2)Aerial mapping (Photograph)Utility and street as-builts from CityDigital parcel mapping from CityEmail Private Utilities (25)Coordinate Subsurface Investigation (4)Evaluate Geotechnical Investigation Data (5)Subtotal HoursSubtotal FeesGeotechnical InvestigationMeetings with City Staff (26)Attend City Council meeting where report is presented by City staffGIS databases for utilities, parcel mapping, base map with ROW and easement lineworkPage 1 of 46.5 CSM/PM PE Grad Eng Sr Tech PE GIS AnalystSurvey Crew Chief Survey TechAccounting Rep Admin TechSubconsultant & Expenses (32) TotalCRYST 150021April 26, 2019Billing Title2020-2025 Street Reconstruction Feasibility StudyCity of Crystal, Minnesota2.314 381343327 3 3 N/A 15$376.17 $981.79 $419.50 $321.79 $2,099.242.493 146 222616641 418215 1530103 103206448662020105 166 22 163 163 N/A 619$10,489.31 $15,251.06 $3,076.31 $17,962.02 $16,968.26 $63,746.962.511214 242913413432511011112221012Print newsletter, questionnaire and mailing labels (8)Prepare draft questionnaires text (9)Tabulate Kick-off Questionnaire Results Prepare kickoff newsletter text and map (7)Field Investigation Inspect sanitary sewer manholes, storm sewer manholes, and storm sewer catch basins (10)(11)(12)Conduct field review of study area (30)Subtotal HoursSubtotal FeesKick-off Newsletter & QuestionnaireSubtotal HoursSubtotal FeesPreliminary Street and Utility DesignEvaluate impact of construction on existing trees, retaining walls, and other boulevard featuresTopographic SurveyHorizontal & Vertical Survey ControlLocate MonumentsTopographic and Tree Survey (6)Locate Soil BoringsProcess SurveyStreet/Pavement Design (13)Develop street pavement sections (14) (15)Analyze areas identified by the City/Residents as having drainage issues for possible improvements (30)(31)Street Lighting (20)Replace Fire Hydrant (18)Service pipe reconstruction plan (19)Identify existing manholes needing reconstruction in the project area (27)Water Main Design (16)Preliminary Review of Staging Plan (17)Sump drain pipe network preliminary layoutSanitary Sewer DesignService pipe reconstruction plan (29)Coordinate SurveyDrainage/Storm Sewer DesignPage 2 of 46.5 CSM/PM PE Grad Eng Sr Tech PE GIS AnalystSurvey Crew Chief Survey TechAccounting Rep Admin TechSubconsultant & Expenses (32) TotalCRYST 150021April 26, 2019Billing Title2020-2025 Street Reconstruction Feasibility StudyCity of Crystal, Minnesota1671671671676 6 10 20427 162394N/A 140$1,316.59 $2,244.10 $2,297.66 $8,636.14$14,494.482.612021410144445 41334734712 22 24 8 N/A 66$2,257.01 $3,085.63 $3,355.97 $858.10 $9,556.7121 48 138 260 13 54 163 163 14 N/A 874$3,949.76 $6,732.29 $13,785.95 $23,887.20 $1,883.09 $7,550.93 $17,962.02 $16,968.26$1,501.67 $32,695.38 $126,916.55221031N/A 36$4,137.84 $1,402.56$321.79 $107.26 $108.00 $6,077.452148138260135416316314N/A874$3,949.76 $6,732.29 $13,785.95 $23,887.20 $1,883.09 $7,550.93 $17,962.02 $16,968.26$1,501.67 $32,695.38 $126,916.5543581382601354163163315N/A910$8,087.60 $8,134.85 $13,785.95 $23,887.20 $1,883.09 $7,550.93 $17,962.02 $16,968.26 $321.79 $1,608.93 $32,803.38 $132,994.00Notes1 To be completed by the City and submitted to SEH. Data will assist in evaluating the condition of the trunk sanitary sewer pipes in the project area.2 List will be an XLSX file containing at a minimum property address, property owner name, property owner address, and PID number.3 City will provide data as either a XLSX, DOCX or PDF file. 45 Includes a evaluation of roadway subgrades, analysis of soil corrections, recommendation for pavement section based on traffic loads, evaluation of utility excavations and evaluation of site drainage.6 Tree species inventory will be completed during topographic survey.7 Includes submitting draft copies to the City and effecting City edits.8 Assumes task is completed by City staff including stuffing envelopes and mailing.Includes contracting with Northern Technologies, Inc. to obtain 23 soil borings. Task includes staking borings, coordinating drilling & surveying, reviewing draft boring logs, reviewing soil samples, assigning laboratory tests, and coordination of final boring locations and final boring factual report. Water MainCost Estimating (21) (24)Prepare Engineer's Opinion of Probable Cost (22) (23)Calculate QuantitiesStreetsStorm SewerSanitary SewerReview draft study with City staff Prepare final studyPrepare and submit hard copies of the studyPrepare and submit PDF file of the studyPrepare Feasibility StudyWrite draft feasibility studySubtotal HoursSubtotal FeesPrepare study exhibits (28)Subtotal HoursSubtotal FeesTask Hours SummaryTask Fee SummaryTask Fee SummaryTask #1 - Project ManagementProject Hours SummaryProject Fee SummaryProject SummaryTask Hours SummaryTask Fee SummaryTask #2 - Preliminary EngineeringTask Hours SummaryPage 3 of 46.5 CSM/PM PE Grad Eng Sr Tech PE GIS AnalystSurvey Crew Chief Survey TechAccounting Rep Admin TechSubconsultant & Expenses (32) TotalCRYST 150021April 26, 2019Billing Title2020-2025 Street Reconstruction Feasibility StudyCity of Crystal, Minnesota9101112 Deliverable includes portable hard drive with 3D digital images and video of structures and detailed structure inventory reports.13 Street/Pavement design limited only to degree needed to calculate project quantities. Assumes proposed street widths will match current City standard of 28-feet wide face to face; except where existing storm sewer catch basins are located. 14 Typical sections and subcut locations will be per the geotechnical memorandum prepared for the engineering study.15 Includes evaluating the feasibility of producing reclaim aggregate base and reincorporating it into the proposed street section as base or subgrade backfill.16 Based on preliminary discussions with the City, we understand the entire water main system within the study area is intended to be replaced.17 Includes evaluation of water main reconstruction and its staging plan since this may drive the overall phasing of the project.18 All existing fire hydrants in the project area will be removed and replaced. Fire hydrants will be inserted to keep the spacing between fire hydrants under 400-feet.19 Includes evaluation of impacts caused by removing and replacing existing water service pipes from the trunk water main pipe up to and including the existing curb stop.20 We assume street lighting will not be included in the scope of this project. 21 Includes unit price estimates during development of engineer's opinion of probable cost.22 Costs will feature a 25% contingency factor and be computed in construction year dollars.23 Cost estimate will be developed using historical bid unit prices and average inflation rates of previous neighborhood reconstruction projects24 Includes analysis of preliminary cost estimates for street segments that fits within the City's 2020 reconstruction budget.2526 Includes two meetings with City staff to discuss field investigation and report27 Sanitary sewer manhole reconstruction will be based on information gathered from the manhole inspection program.2829 Includes evaluation of impacts caused by removing and replacing existing sanitary service pipes from the main to at least behind the proposed back of curb, but no farther than the right-of-way.30 Includes site photos, review of drainage patterns, and inspection of potential stormwater BMP locations31 Assumes analyzing minor issues, such as adding an additional catch basin at a low point.32 Includes reimbursable expenses including soil borings, survey and structure inspection equipment, survey vehicles, reproductions, mileage and computer charges.Anticipated exhibits include study area location map, typical sections, Center Point Energy gas main replacement locations (if applicable), project area utility map, map(s) showing drain tile, rain garden, sump pump, pet containment system, and lawn irrigation system locations.Task will notify CenterPoint Energy, Xcel Energy, Comcast, CenturyLink, and other private utilities of the potential project and inquire whether or not they have any facilities in need of updating. If so, the private utility companies will be instructed to coordinate with the City the timing of this work prior to the start of the project. Task includes assisting the City in coordinating potential projects.Questionnaires will be for residents to complete and return to City for tabulation of results. Questionnaire will be sent to all residents of the project area and will cover presence of local drainage problems, sump pumps, sanitary sewer services, pet containment systems, and underground lawn irrigation systems.Assumes evaluation of each structure to be limited to the general component assessment and repair priority. Level 2 MACP Inspections are not included. Includes basic GIS web application for data entry. Data will be compiled in electronic inspection sheets that will show condition/depths of casting, rings, cone, and barrel sections. Inspection data to be available for import back into City's GIS geodatabase. SEH will complete inspection of 88 sanitary sewer manholes, 70 storm sewer manholes and 125 catch basins located within the project area using Rapid View Panoramo SI camera inspection method. Includes communication and traffic control planning with City staff. Does not include gate valve inspections.Page 4 of 46.5 RESOLUTION NO. 2019 - ______ ORDERING PREPARATION OF THE FEASIBILITY REPORT 2020-2025 UTILITY RECONSTRUCTION WHEREAS, the City Council desires to initiate the design process for 2020-2025 Utility Reconstruction area; and WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby orders preparation of the feasibility report for the 2020-2025 Utility Reconstruction area. BE IT FURTHER RESOLVED that the Crystal City Council hereby authorizes the Mayor and City Manager to sign the supplemental letter of agreement for professional services with Short Elliott Hendrickson, Inc. to prepare the Feasibility Report for the Utility Reconstruction project. Adopted by the Crystal City Council this 21st day of May, 2019. Jim Adams, Mayor ATTEST: _______________________________ Trudy Tassoni Administrative Services Coordinator 6.5 Please hand this form to the City Clerk before the rneetng ms. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 10 minutes. (Information provided on this form is open to the public) (please print clearly) The topic I wish to address is: Name: Address: �- 0 � ® �— 4-4 . Zip Code: Date: Ll 1 c? Day Phone (optional): Email (optional): lei Q -0S Thank you for your attendance and participation. Please hand this form to the City Clerk before the meeting begins. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 10 Minn (Information provided on this form is open to the public) U"r � (please print clearly) The topic I wish to address is: 4V lzZ� Address: no SIX,, < Zip Code: o "G Date:—/ Day Phone (optional): Email (optional): _K ��b Thank you for your attendance and participation.