2016.12.12 PC Meeting Packet
Crystal, Minnesota 55422-1696
Crystal Planning Commission Agenda
Monday, December 12, 2016
7 p.m.
Crystal City Hall Council Chambers
1. Call to Order
2. Approval of Minutes*
a. Monday, November 14, 2016 meeting minutes
3. Public Hearings*
a. Conditional use permit (CUP) and site plan request from Prescription
rd
Landscape for a new parking lot 7323 33 Avenue North and fueling station
at 3231 Nevada Avenue North (Application Number 2016-12)
4. Old Business - None
5. New Business - None
6. General Information
a. City Council actions on previous Planning Commission items:
CUP for fence and one-year extension for 2015 CUP approval, both at
5717 West Broadway Avenue
b. Update from Council Liaison
c. Update on City Code Review Task Force
d. Staff preview of likely agenda items for Monday, January 9, 2017 meeting
7. Open Forum
8. Adjournment
* Items for which supporting materials will be included in the meeting packet.
Page 1 of 2
CRYSTAL PLANNING COMMISSION
DETAILED AGENDA
Monday, December 12, 2016 at 7:00 p.m.
Council Chambers, Crystal City Hall
Commissioners, please call 763.531.1142 or
email dan.olson@crystalmn.gov if unable to attend
* Items for which supporting materials are included in the meeting packet
1. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at ______ p.m. with the
following members present:
Commissioner (Ward 1) Commissioner (Ward 2) Commissioner (Ward 4)
Sears \[Secretary\] Selton Einfeldt-Brown
Commissioner (Ward 1) Commissioner (Ward 3) Commissioner (Ward 4)
Heigel \[Chair\] VonRueden Johnson \[Vice Chair\]
Commissioner (Ward 2) Commissioner (Ward 3) Commissioner (At-Large)
Strand Buck Daly
2. APPROVAL OF MINUTES *
Moved by _______________ and seconded by _______________ to approve the minutes of
the November 14, 2016 regular meeting with the following exceptions:
Motion carried.
3. PUBLIC HEARING*
a. Conditional use permit (CUP) and site plan request from Prescription Landscape for a new
rd
parking lot at 7323 -33 Avenue North and fueling station at 3231 Nevada Avenue North
(Application Number 2016-12)
Staff presented the following:
The following were heard:
Page 2 of 2
Planning Commission discussion:
Moved by _______________ and seconded by _______________ to recommend
______ to the City Council of the conditional use permit and site plan for a parking lot
and fueling station with the following conditions:
Motion carried.
4. OLD BUSINESS None
5. NEW BUSINESS - None
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items:
CUP for fence and one-year extension for 2015 CUP approval, both at 5717
West Broadway Avenue
b. Update from Council Liaison
c. Update on City Code Review Task Force
d. Staff preview of likely agenda items for Monday, January 9, 2017 meeting
7. OPEN FORUM
8. ADJOURNMENT
Moved by _____ and seconded by ______ to adjourn.
Motion carried.
The meeting adjourned at ______ p.m.
Unapproved Planning Commission Minutes November 14, 2016
CRYSTALPLANNING COMMISSION
MINUTES
Monday, November 14, 2016 at 7:00 p.m.
Council Chambers, Crystal City Hall
1. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at 7 p.m. with the
following members present:
X Commissioner (Ward 1) X Commissioner (Ward 2) X Commissioner (Ward 4)
Sears \[Secretary\] Selton Einfeldt-Brown
X Commissioner (Ward 1) X Commissioner (Ward 3) X Commissioner (Ward 4)
Heigel \[Chair\] VonRueden Johnson \[Vice Chair\]
X Commissioner (Ward 2) X Commissioner (Ward 3) X Commissioner (At-
Strand Buck Large) Daly
Other attendees: City Planner Dan Olson, City Council Liaison Jeff Kolb, Drew and Terri
Kabanuk
2. APPROVAL OF MINUTES
Moved by Sears and seconded by Buck to approve the minutes of the September 12, 2016
regular meeting. All ayes.
Motion carried.
3. PUBLIC HEARING
a. Conditional Use Permit Amendment request from Drew Kabanuk for a fence at 5717
West Broadway Avenue North (Application Number 2016-11)
Planner Dan Olson presented a summary of the staff report and stated that staff is
recommending approval of option B for the fence as described in the staff report.
Commissioner Daly asked what the outdoor sales business is. Mr. Kabanuk stated that
the business is a hardware store. They will store items outdoors and need security for
those items. They have had some thefts recently on the property. Mr. Kabanuk
already and his fence contractor told him it was okay to construct it with the barbed wire.
Daly asked when the business might open. Mr. Kabanuk said in about three months for
the larger tenant in the building. He has already purchased much of the inventory for the
hardware store.
Commissioner Selton asked if the applicant was aware of the height limitation. Mr.
Kabanuk said yes, but his contractor believed that the limitation did not include the
Unapproved Planning Commission Minutes November 14, 2016
barbed wire. Selton asked the applicant ifhe understood the other conditions from the
approved CUP. Mr. Kabanuk said yes.
without barbed wire could be
approved. Olson said yes. Vonrueden asked the applicant if he plans to remove the
fence and start over if option B is approved. Mr. Kabanuk said he would just add on to it,
have fences that are much taller.
Commissioner Sears suggested that the applicant be allowed to have the barbed wire,
but just bend it down so
to climb over it and then get hurt when they discover the barbed wire is there.
Commissioner Heigel asked for clarification on the fence criteria is there language in
the code that prohibits fences if they are not compatible with the building? Olson
clarified that the language in quotes in the staff report is the code language, and that
staff made a determination from that standard that the proposed barbed wire fence is not
compatible with the area.
Commissioner Daly said the barbed wire is not inviting to retail customers. Mr. Kabanuk
said he wishes that barbed wire would not be necessary to provide security.
Commissioner Sears asked staff if this was a situation where a variance could be
granted. Olson stated that since the zoning code specifically requires a CUP for a fence
The applicant is simply
requesting to amend one of the conditions from the 2015 CUP approval.
Commissioner Strand said she remembers a situation of a property owner who
constructed a nonconforming fence and that fence had to be removed.
Commissioner Heigel commented that if the applicant desires security, the proposed
fence would only provide security for that end of the building. Mr. Kabanuk agreed, but
Heigel thought that
aesthetics was one of the most important reasons for not allowing a barbed wire fence.
Commissioner Vonrue
would be difficult for a thief to throw items over a fence that high. Mr. Kabanuk stated
that it will cost him $5,000 to re-do the fence.
Commissioner Daly asked the applicant if he installed any security cameras. Mr.
Kabanuk said he has an alarm system.
Commissioner Selton commented that there is a lot of room under the installed fence for
a person to climb under.
.
No one from the public was present for the public hearing. Chair Heigel closed the
hearing.
Moved by Commissioner Selton and seconded by Commissioner VonRueden to
recommend approval of option B for the fence to the City Council with the findings of fact
Unapproved Planning Commission Minutes November 14, 2016
as detailed in the staff report. Ayes: Heigel, Sears, Selton, Buck, VonRueden, Einfeldt-
Brown, Johnson, Daly. Nay: Strand.
Motion carried.
4. OLD BUSINESS None
5. NEW BUSINESS
a. Request for a one-year time extension from Drew Kabanuk for an approved conditional use
permit (CUP) at 5717 West Broadway (Application Number 2015-05)
Planner Dan Olson presented a summary of the staff report, and stated that staff is
recommending approval of the extension request.
Commissioner Strand asked if the installation of the fence could be considered beginning
the construction of the outdoor sales area. Planner Olson stated that since the zoning code
does not clearly define when construction commences, staff erred on the side of caution and
is recommending the extension for both approved conditional uses. This language will be
made clear with the city code update.
Commissioner Selton asked if the condition could be made clear by saying that the 2015
CUP was amended on November 14, 2016. Olson stated that the Commission could add
th
that language to the condition if they choose, but have the date be December 6 since that
is the date of the Council action.
Commissioner Heigel asked the applicant if he would be finished with the two conditional
use projects by the end of 2017. Mr. Kabanuk said yes.
Moved by Commissioner Selton and seconded by Commissioner Einfeldt-Brown to
recommend approval of the one-year extension to the City Council with the condition as
amended. Ayes all.
Motion carried.
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items:
Variance for detached garage at 5565 Welcome Avenue North
Variance for attached garage at 5440 Twin Lake Terrace
Subdivision request for Bottineau Gardens preliminary plat
Planner Olson said that the above three applications were approved by the City
Council as recommended by the Commission.
b. Update from Council Liaison
Council Liaison Kolb said that with the recent election there will be two new faces on
th
when the
Unapproved Planning Commission Minutes November 14, 2016
Council will adopt the final budget. The city recently received a COPS grant to hire
two new officers. The Council is undertaking commission interviews for 2017.
c. Update on City Code Review Task Force
Council Liaison Kolb reported that the City Council has completed their update of
chapter 4 of the Code, except for signs which will be revised later.
d. Staff preview of likely agenda items for Monday, December 12, 2016 meeting
Planner Olson reported that he is expecting a site plan application from Prescription
Landscape for a new parking lot.
7. OPEN FORUM
Commissioner Einfeldt-Brown stated that he brought flowers to the meeting in honor of the
recent passing of former Mayor Peter Meintsma. Commissioners Sears and Strand both
stated that Meintsma encouraged them to be on the Commission. No one else spoke
before the commission.
8. ADJOURNMENT
Moved by Commissioner Sears and seconded by Commissioner Buck to adjourn. All ayes.
Motion carried.
The meeting adjourned at 8:10 p.m.
MEMORANDUM
DATE: December 7, 2016
TO: Planning Commission (December 12 meeting)
FROM: Dan Olson, City Planner
SUBJECT: Public Hearing: Application 2016-12 for a conditional use permit and site
plan for a new parking lot at 7323 33rd Avenue North and a new fueling
station at 3231 Nevada Avenue North, both properties owned by
Prescription Landscape
A.BACKGROUND
Prescription Landscape is proposing a conditional use permit (CUP) and site plan to
rd
construct a new parking lot for its employees at 7323 33 Avenue North and to
construct a new fueling station at 3231 Nevada Avenue North. The properties are both
zoned Light Industrial (I-1).
A parking lot is a permitted accessory use within the I-1 district without the need for
Planning Commission or City Council review and approval. However the applicant is
proposing an adjustment to the maximum number of required parking spaces.
According to city code section 515.17, Subd. 6, this adjustment requires the approval of
a CUP. Notice of the December 12 public hearing was published in the Sun Post on
December 1st and mailed to owners within 350 feet (see attachment B). No comments
have been received to date.
Attachments:
A. Site location map
B. Map showing public hearing notification area
C. Existing zoning map
D. 2030 Land Use Comprehensive Plan map
E. Photos of existing property
F. Project narrative
G. Parking study narrative
H. Proposed site plan (13 sheets)
I. Location of wetland
PRESCRIPTION LANDSCAPE - CONDITIONAL USE PERMIT AND SITE PLAN
PAGE 1 OF 5
B.PROPOSED CONDITIONAL USE
Property History
In 2005 the City Council approved a CUP for Prescription Landscape for outdoor storage
of vehicles, trailers, and landscaping materials. In 2010 the City Council approved a CUP
for a salt storage building.
Nevada.
Comprehensive Plan
According to the Comprehensive Plan, the 2030 planned land use for these properties is
designated as Industrial. The proposed use is consistent with this designation. The
redevelopment chapter of the Plan identified these properties as a potential
redevelopment site:
This is a transition area between residential to the north and east and light
industrial to the south and west. It is currently guided light industrial but would also
be a logical area for medium density residential such as townhouses. The market
medium density townhouses are located in the southern part of the city, and the
-creating development wherever such uses make sense, the
preferred development in this area would be light industrial including light
manufacturing, office/showrooms and office/warehouse
Proposed Parking Lot Earlier this summer the city received complaints about the
number of Prescription Landscape employees parking on the public street. Since there
are only five existing -street
parking for their employees. To correct this situation the applicant has purchased the
rd
single-family home at 7323 33 Avenue North. Prescription is proposing to demolish
the home and then construct a new 60 space parking lot for their employees. The
proposed new parking lot meets parking space and aisle dimensions, and setbacks, as
required in city code section 515.17, Subd. 4 (g) (4). Three handicapped parking spaces
are provided , as required by the
State Building Code.
3231 Nevada. One building is
used exclusively for storage, while the building facing Nevada is used both for storage
and office. The following is a breakdown of uses within these two buildings:
Office space 2,168 SF
Storage 5,083 SF
Based on this square footage breakdown, the maximum required number of parking
spaces for these land uses is 18 spaces. Including the existing five spaces, the
proposed number of parking spaces is 65. The only standard provided in the zoning
code for approving an increase to the maximum number of required parking spaces is
PRESCRIPTION LANDSCAPE - CONDITIONAL USE PERMIT AND SITE PLAN
PAGE 2 OF 5
that the applicant must demonstrate that the proposed property use warrants the
proposednumber of spaces. The applicant has provided a narrative (attachment G)
that explains the need for parking spaces for its employees. Based on this information,
staff recommends approval of the increase to the maximum number of parking spaces.
rd
Staff also recommends a condition that the two parcels, 7323 33 Avenue North and
3231 Nevada Avenue North, be combined to show the consolidation of property
ownership for the two properties. The address for the combined parcel would be 3231
Nevada Avenue North.
C.NOTABLE SITE PLAN IMPROVEMENTS
As required by city code section 520.15, the applicant will be required as a condition of
approval for the CUP and site plan to sign a site improvement agreement and provide a
cash escrow deposit to ensure completion of the new parking lot, stormwater infiltration
basin, and landscaping. In order to reduce impacts to the surrounding neighborhood during
construction, staff recommends two conditions of approval of the CUP and site plan:
Require the applicant to attend a pre-construction meeting with staff to review
city requirements such as hours when work can be done, removal of litter,
and implementation of erosion control measures.
In case the public has questions, require the applicant to install a sign at 7323
rd
33 Avenue North which provides the name of the company installing the
parking lot and the name and phone number of the project manager.
The following is a description of the notable site improvements.
1. Fueling Station. The applicant is proposing a fueling station as an accessory use on
main property at 3231 Nevada. This station will consist of three tanks
for the so-803 of attachment H is a
photo of the proposed fuel tanks. There will not be a canopy over the tanks. Since
will be screened from view.
2. Stormwater management. Stormwater management will be provided by a new on-
site infiltration basin that will connect with existing storm sewer pipes. The basin is
located to the west of the proposed parking lot. The city engineer has reviewed the
plans and confirmed that the basin complies with city code rain event requirements.
Since the infiltration basin is located on private property, its maintenance will be the
responsibility of the property owner.
submittal, a wetland delineation report was completed by
Wenck Associates for these two properties. This report has determined that one
wetland does exist, but it is defined in the Wetland Conservation Act (WCA) as an
(a wetland constructed for man-made purposes such as a storm
drainage channel, and not naturally occurring). Incidental wetlands are not regulated
by the WCA. The location of this wetland is shown on attachment I and is not
located in the proposed parking lot area. The city, with the assistance of an
engineering consultant, will make the final determination that the wetland on
PRESCRIPTION LANDSCAPE - CONDITIONAL USE PERMIT AND SITE PLAN
PAGE 3 OF 5
defined as incidental.
ciates
complete a detailed investigation to verify the presence of a wetland. Wenck has
determined that there is not a wetland in these investigation areas, and the city
agrees with that determination. In addition to the city approval of the wetland
report, the U.S. Army Corps of Engineers will also need to determine that the
(such as a wetland that drains to the Mississippi River), which is not the situation
with this wetland. These approvals have been made a condition of approval for the
CUP and site plan.
3. Grading, drainage and erosion control Engineering staff has reviewed the grading,
drainage and erosion control plans and found them acceptable. Erosion control
techniques that will be used on-site include silt fences, inlet protection, riprap, and a
rock construction entrance. The applicant is required to have the Bassett Creek
Watershed Management Commission review and approve the erosion control plan
and this has been made a condition of approval of the CUP and site plan.
4. Screening. The parking lot will be screened by shrubs from the residential property
to the eastchokeberry autumn magicwhich will
mature to a height of six feet.
5. Landscaping. The landscape plan shows that eight significant trees will be removed
from the property to accommodate the new parking lot (see sheet C-101 of
Attachment H). Significant trees are defined in code city code section 830 as those
requires that if a that it must be replaced with
either one
diameter.
littleleaf linden, river birch,
yellowwood, and Japanese tree lilacs. As noted earlier, chokeberry autumn magic
shrubs will also be planted.
6. Exterior lighting. The applicant is not proposing to add exterior lighting to the
property.
D.REQUESTED ACTION
The Planning Commission is being asked to make a recommendation to the City
Council to either deny or approve the CUP and site plan to adjust the maximum number
of required parking spaces, which should include findings of fact either for or against
the proposal. The Commission may reference the findings in Section B, above.
Staff recommends approval of the conditional use permit and site plan for the proposed
parking lot, subject to the following conditions of approval:
1. The applicant shall combine the property identification numbers (PID) for 7323
rd
33 Avenue North and 3231 Nevada Avenue North, using 3231 Nevada as the
address for the combined properties.
2. The stormwater infiltration basin shall be maintained to provide the designed
function, and this maintenance shall be the responsibility of the property owner.
PRESCRIPTION LANDSCAPE - CONDITIONAL USE PERMIT AND SITE PLAN
PAGE 4 OF 5
3. Prior to disturbing the site for the parking lot, the applicant shall:
Submit an erosion control plan to the Bassett Creek Watershed Management
Commission for their review and approval.
Receive city approval of the findings in the wetland delineation report completed by
Wenck Associates.
Receive a determination from the U.S. Army Corps of Engineers that the wetland is
not under their jurisdiction.
Sign a site improvement agreement with the city to guarantee completion of the
installation of the new parking lot and stormwater infiltration basin, and
landscaping.
Meet with city staff for a pre-construction meeting to go over the
requirements, including hours when work can be done, removal of litter, and
implementation of erosion control techniques.
rd
Install a four square foot sign at 7323 33 Avenue North which provides the
name of the company installing the parking lot and the name and phone number of
the project manager. The sign must remain on the property for the duration of the
project.
4. The fueling station shall only be for the use of the employees of the property owner
and not available for use by the general public.
City Council action is anticipated on December 20, 2016.
PRESCRIPTION LANDSCAPE - CONDITIONAL USE PERMIT AND SITE PLAN
PAGE 5 OF 5
Attachment A
BuubdinfouC
BuubdinfouD
BuubdinfouE
BuubdinfouF
Fyjtujohipnfbu
8434 44seBwf/O/
Sfbszbsepg8434 44seBwf/O/
)mpdbujpopgqbsljohmpu*
Nbjopggjdf0tupsbhfcvjmejohgbdjohOfwbebBwf/O/
Mpdbujpopggvfmjohtubujpo)cfijoenbjocvjmejoh*
BuubdinfouG
BuubdinfouH
BuubdinfouI
BuubdinfouJ