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2014.06.09 PC Meeting Packetrar,c i L71 CRYSTAL PLANNING COMMISSION DETAILED AGENDA Monday, June 9 2014 at 7:00 p.m. Council Chambers, Crystal City Hall Commissioners, please call 763.531.1142 or email 'ohn. super c stalmn. ov if unable to attend * Items for which supporting materials are included in the meeting packet A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at p.m. with tha fnllnwinn mpmhPrc nrPCPnt- Commissioner (Ward 1) ❑ Commissioner (Ward 2) ❑ Commissioner (Ward 4) Sears [Vice Chair] Kolb Richter ❑ Commissioner (Ward 1) ❑ Commissioner (Ward 3) - Commissioner (Ward 4) Hei el VonRueden [Chair] Johnson ❑ Commissioner (Ward 2) ❑ Commissioner (Ward 3) ❑ Commissioner (At -Large) Erickson Buck [Secretary] Strand B. APPROVAL OF MINUTES Moved by and seconded by to approve the minutes of the January 13, 2013 regular meeting with the following exceptions: Motion carried. C. PUBLIC HEARINGS 1. Consider Application 2014-1 for a conditional use permit for Milton's (3545 Douglas Drive North) to stay open until 12:00 midnight instead of 10:00 p.m. Sunday -Thursday, and also to stay open until 1:00 a.m. on January 1 of each year * UTLANNINGTIanning Commission12414M,09lagenda detailed.doc rage L or Staff presented the following: The following were heard: Planning Commission discussion: Moved by and seconded by to (recommend approval) (recommend denial) (continue consideration) of Application 2014-1 for a conditional use permit for Milton's (3545 Douglas Drive North) to stay open until 12:00 midnight instead of 10:00 p.m. Sunday -Thursday, and also to stay open until 1:00 a.m. on January 1 of each year. Motion carried. 2. Consider Application 2014-2 for a conditional use permit for MD liquors (7200 56th Avenue North) to stay open until 10:00 instead of 9:00 p.m.* Staff presented the following: The following were heard: G: IPLANNiNGTIanning Commission12014106.091agenda detailed.doc Fage 3 of 5 Planning Commission discussion: Moved by and seconded by to (recommend approval) (recommend denial) (continue consideration) of Application 2014-2 for a conditional use permit for MD Liquors (7200 56th Avenue North) to stay open until 10:00 instead of 9:00 p.m. Motion carried. 3. Consider Application 2014-3 for a variance for a monument sign at St. Raphael's (7301 56th Avenue North) to have a height of 10 feet 6 inches instead of 6 feet. * Staff presented the following: The following were heard: Planning Commission discussion: Moved by and seconded by to (recommend approval) (recommend denial) (continue consideration) of Application 2014-3 for a variance for a monument sign at St. Raphael's (7301 56t Avenue North) to have a height of 10 feet 6 inches instead of 6 feet. Motion carried. G:IPLANNINGTlanning Comm ission120IM06.091agenda detailed.doc Vagc 4 of 5 4. Consider Application 2014-4 for site and building plan review, conditional use permits, variances and street vacations for a new public works facility at 5001 West Broadway. * Staff presented the following: The following were heard: Planning Commission discussion: &TLANNINGTIanning Commission12014106.091agenda detailed.doc Page 5 of 5 Moved by and seconded by to (recommend approval) (recommend denial) (continue consideration) of Application 2014-4 for site and building plan review, conditional use permits, variances and street vacations for a new public works facility at 5001 West Broadway. Motion carried. D. GENERAL INFORMATION 1. City Council actions on previous Planning Commission items: January 21, 2014: Denied Application 2013-16(b) for a garage setback variance at 4952 Quail Avenue North, but approved an alternate variance as recommended by the Planning Commission 2. Staff preview of likely agenda items for Monday, July 14, 2014 meeting 3. Status and next steps for the Bottineau LRT project, and city comment letter responding to the Draft Environmental Impact statement E. OPEN FORUM F. ADJOURNMENT Moved by and seconded by to adjourn. The meeting adjourned at Motion carried. p.m. G:TLANNINGTIanning Commissionl2014l06.09lagenda detailed.doc Page 1 of 5 CRYSTAL PLANNING COMMISSION MINUTES Monday, January 13, 2014 at 7:00 P.M. Council Chambers, Crystal City Hall A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7 p.m. with the fnllnWinri momhp-m nrPsant- X Commissioner (Ward 1) X Commissioner (Ward 2).. X'Commissioner (Ward 4) Sears [Vice Chair] Kolb Richter.' X Commissioner (Ward 1) X Commissioner (Ward 3) X.Commissioner (Ward 4) Heigel VonRueden [Chair] Johnson X Commissioner (Ward 2) ElCommissioner (Ward 3) X Commissioner (At - Erickson Buck [Secretary] large) Strand Also present were City Council Liaison Laura Libby and start memoers uonn autier ana Gail Van Krevelen. B. INTRODUCTION - 2014 City Council Liaison Mr. Sutter introduced the 2014 City Council Liaison Laura Libby, who represents Section 1, to the commissioners. C. ANNUAL ORGANIZATIONAL MEETING 1. Election of Officers • Chairperson — Commissioner Strand made a motion to nominate Commissioner VonRueden as Chairperson, Commissioner Heigel seconded the motion'. Passed unanimously. • Vice -Chairperson — Commissioner Strand made a motion to nominate Commissioner Sears as Vice -Chairperson, Commissioner Heigel seconded the motion. Passed unanimously. • Secretary — Commissioner Strand made a motion to nominate Commissioner Buck as Secretary, Commissioner Heigel seconded the motion. Passed unanimously. 2. Approval of Meeting Calendar and Application Due Dates for 2014 G:IPLANNINGTIanning Commission12014\01.131unapproved minutes.doe Page 2 of 5 Commissioner Strand recommended approval of the 2014 calendar, Commissioner Erickson seconded the motion. Passed unanimously. D. APPROVAL OF MINUTES Moved by Sears and seconded by Johnson to approve the minutes of the December 9, 2013 regular meeting with no exceptions, Motion carried. E. OLD BUSINESS 1. Consider Application 2013-16(b) for setback variances to allow expansion of an existing detached garage at 4952 Quail Avenue North (continued from December 9, 2013 meeting). Staff presented the following: Mr. Sutter explained that the property owner was unable to be at the meeting because he was out of town on business, but he was provided with a copy of the staff report and he has no concerns with the alternate variance. This property is one of eight where the front faces the lake and the former service road became Quail.. Their current garage is right on the west lot line and appears to be one foot from side lot.line. There is an existing garage on the lot to the north that wa`s.built in the 1980's basically on the lot line on Quail Avenue, it's unknown.why the city council approved a variance to allow the garage to be built so close`to Quail, -and because it was a new structure, there are no findings. Commissioner Kolb questioned whether the neighbor's garage at 4958 Quail was actually 3 feet from the lot line, Mr. Sutter said that the 4958 garage is 3 feet frorri. the side. lot line and the eave is right on the lot line on Quail. Mr. Sutter said because the neighbor's garage is set back the standard 3 feet from the side lot line, it makes the requested 1 foot setback more plausible because it would still leave 4,feet between the two structures. While that is less than the standard 6 feet for accessory buildings, it makes it more palatable in regards to fire safety and other things. The property owner has agreed with the need to keep the structure at least 3 feet from Quail. While city staff are still recommending denial of the original variance request to eliminate both of these setbacks, they recommend approval of the alternate variance which would require a new garage meet the setback along Quail but would allow it within one foot of the side lot line to the north. Commissioner Sears asked if the sewer and water were very old or had they been upgraded. Mr. Sutter said that the sewer was built in the mid-to-late 50's, and he presumed the sewer line runs in the Quail right-of-way. Commissioner G: IPLANNINGTIanning Commission120I4101.131unapproved minutes.doc Page 3 of 5 Sears thought the 3 foot setback would be to the homeowner's benefit if there were ever a sewer upgrade. Mr. Sutter said he would pull the sewer tie card to determine where the sewer stub ends, which is probably under the driveway. The tie card will indicate where the stub is placed in relation to existing buildings and when it was installed. When streets are reconstructed, property owners have the option to have that stub replaced so he will determine if the prior owner opted to upgrade the sewer stub. The following were heard: No one spoke before the commission. Planning Commission discussion: Commissioner Heigel questioned what would happen if the neighbor at 4958 Quail decided they also wanted to build a garage one foot off the property line, which would only leave two feet between the two structures. Mr. Sutter said that they could only do that if a variance was also granted to that neighbor. Commissioner Heigel wondered if there would. be any issues with the city granting a variance to one resident and not another. He feels it could cause a problem down the line, especially on'this. block. Mr. Sutter stated that some thought was given to this, the neighbor's existing garage is mid -80's and is a two - car stucco garage so its,life span is probably greater. However, if they wanted to do something similar,. the city would need to determine if it would be to the public benefit to have the garage further from the public road and closer to the side lot line than would otherwise be permitted. Commissioner Strand questioned the main purpose of the 3 foot setback. Mr. Sutter said that it would make it harder for fire to jump and makes maintenance easier.. Commissioner VonRueden said also that water running off the roof could cause water.damage if the buildings are closer together and thought the owners would want to keep that separation. Mr. Sutter said that approval of the variance could. be based on a condition that the garage is built with the gable runr ing 'north and south so the water doesn't run off between the two structures. Commissioner Johnson said that variances almost always deal with existing structures but this is a variance for something that hasn't even been built yet. He thought the commissioners should consider that the case for a variance for a new structure should be pretty compelling and questioned whether this was compelling enough. Commissioner Kolb questioned what would happen if they ended up denying the initial variance and also the alternate variance what would happen to the homeowner's request. Mr. Sutter said commissioners could vote on the alternate variance first and then vote on the original request. Then if the alternate variance fails, commissioners could continue the original variance for more discussion at the February meeting. G:IPLANNING\Planning Coin mission12014\01.131unapproved minutes.doe --------- Mage 4 of S Commissioner VonRueden asked where his curb cut was located and questioned whether the property owner would have enough room to maneuver two vehicles after a new garage was built if two additional feet were taken away. Mr. Sutter said it's a 50 foot lot; if the garage is 22 feet deep, which is the modern minimum, they would still have 27 feet remaining with the one foot setback. He also mentioned the aisle width in a standard parking lot is 24 feet, so even with the 3 foot setback, that will still leave the property owner with 25 feet, and there are narrower lots in the city with garages and there is nothing about the width of this lot that makes it unique. Mr. Sutter stated that what does make this lot unique is the tradeoff that the new garage would be built 3 feet off of Quail even if it's allowed to be within one foot of the side lot line, so it's a benefit to the public interest, The downside to denying the variance could be that the property owner decides to repair the existing garage and it may stay there longer. Commissioner Kolb feels that the handful of lots in this area is compelling enough because they are so unique and moving the garage back from the street is a compelling case. Commissioner VonRueden agreed that it's crowded in that area and it would be a plus if the city can get the garage moved 3 feet off the lot fine along Quail. Commissioner Johnson said that he understood trying to accommodate the homeowner when possible, although feels the city needs to take into account whether they want to establish a precedent of pre -approving variances. Commissioner, Strand �fee Is that this is a good alternative for the homeowner Commissioner Richter asked that if the variance is passed, is the commission saying that the owner'can build within a foot of the lot line but they might not. Mr. Sutter said that is correct, this is a minimum and no part of the garage can be within one foot of the lot line but the setback could be greater. Mr. Sutter also stated that the neighbor's lot at 4958 Quail to the north is two feet wider than the subject property, and that if there is a concern about setting a precedent, that could be used as a basis for denial of a future variance at 4958 because they have already demonstrated that the garage works on the property. He feels that the different widths of the lots could be the rationale for approving one variance and denying the other. Moved by Kolb and seconded by Strand to recommend denial of Application 2013-16(b) for setback variances to allow expansion of an existing detached garage at 4952 Quail Avenue North. Motion carried. Moved by Kolb and seconded by Richter to recommend approval of an alternate setback variance, as suggested by the property owner on December 9, 2013 and subsequently recommended by staff, to reduce the north side setback in the rear GAPLANNING\Planning Com ntissio&2014101.131unapproved minutes.doc F Page 5 of 5 yard from 3 feet to 1 foot for future construction of a new detached garage at 4952 Quail Avenue North with the condition that the garage is built with the gable roof running north and south and finding that the fact that this lot is two feet narrower justifies this variance, where it wouldn't justify it for the lot to the north. Motion carried. GENERAL INFORMATION 1. City Council actions on December 17, 2013 on Planning Commission items: • Approved Application 2013-15, a CUP and setback variance for a child care center at 5510 West Broadway • Approved Application 2013-15(a), a setback variance for a house at 4952 Quail 2. Staff preview of likely agenda items for Monday., February 10-20114 meeting Mr. Sutter said that currently no applications have been received; the deadline for submittal is Friday. There was no objection among the Commissioners to cancelling the February meeting if no`applications`are received. 3. Quarterly Development Status Report Mr. Sutter stated that since the report had been printed, 2 lot options and a lot purchase proposal have been received. G. OPEN FORUM H. ADJOURNMENT Moved by Sears and seconded by Erickson to adjourn. The meeting. adjourned at 7:38 p.m. Motion carried. G:IPLANNINGYIanning Com mission12014\01.131unapproved minutes.doc M E M O R A N D U M DATE: June 2, 2014 T4: Planning Commission (June 9, 2014 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director SUBJECT: Public Hearing: Application 2014-1 for a conditional use permit for Milton's (3545 Douglas Drive North) to stay open until 12:00 midnight instead of 10:00 p.m. Sunday -Thursday, and also to stay open until 1:00 a.m. on January 1 of each year A. BACKGROUND Milton's Cafe is located at 3545 Douglas Drive North. In addition to food items they currently offer beer and wine. The subject property is located in the C-1 Neighborhood Commercial district. In the C-1 district, commercial uses must close by 9:00 p.m. unless the City Council grants a conditional use permit for extended hours of operation. Milton's operates under a 2011 CUP for extended hours as follows: • Sunday -Thursday: Maybe open from 6:00 a.m. to 10:00 p.m. • Friday & Saturday: May be open from 5:00 a.m. to 12:00 midnight In 2013, Milton's was granted a CUP for outdoor seating including full food and beverage service. The outdoor seating area is located directly in front of the restaurant and is subject to the same hours of operation. Milton's has applied for a CUP to extend its Sunday -Thursday closing time to 12:00 midnight so that its current Friday -Saturday closing time would be in effect seven days a week. They are also requesting a 1:00 a.m. closing time on January 1 of each year for New Year's Eve. They have also applied for a full on -sale liquor license which will be considered by the City Council in a separate process. Notice of the Planning Commission's June 9, 2014 public hearing was mailed to property owners within 500 feet and published in the Sun Post on May 29, 2014. Staff received one comment from an area resident in opposition to the expanded hours. No other comments have been received to date. The following Exhibits are attached: A. Aerial photo (2012) B. 2011 CUP for expanded hours C. 2013 CUP for outdoor seating area MILTON'S -- 3545 DOUGLAS DR - EXPANDED HOURS PAGE 1 OF 3 B. STAFF COMMENTS A conditional use permit may be granted for the proposed use provided that the following requirements are met (515.45 Subd. 4 d): 1) The applicant has submitted a detailed description of the proposed use containing sufficient information for the Planning Commission and City Council to make findings pertaining to the application. Suggested Findings: Apart from the expanded hours and full on -sale liquor license, which are self-explanatory, no changes from the previously approved use are being proposed by the applicant. 2) The proposed use would be reasonable and appropriate in a neighborhood context and consistent with the purpose of the C-1 district. Suggested Findings: The scale and type of use is a good fit for the character of the surrounding residential neighborhood, provided that the current CUP's performance standards are maintained to prevent negative impacts. 3) The proposed use would not significantly impact the surrounding residential area. Suggested Findings: Milton's faces east towards another commercial property. However, there may be impacts from activity in the parking lots, especially the north parking lot, during late evening hours. The current CUPS provide for City Council reconsideration in the event of negative impacts on adjacent residential uses, and this provision should be maintained in the new CUP. 4] Rezoning the subject property to C-2 General Commercial would not be desirable. Suggested Findings: The subject property and other adjacent commercial sites are too small and isolated to warrant rezoning to C-2 General Commercial. They are also embedded in an overwhelmingly residential area which is consistent with the purpose and intent of C-1 zoning. 5) Conditions may be imposed to ensure that the proposed use will meet these criteria and be consistent with the purpose of the C-1 district. Such conditions may include but are not limited to an expiration date, non -transferability, periodic renewal requirements, and provisions for revocation if the use is not in strict conformance with the use described in the written request and in full compliance with the imposed conditions. Suggested Findings: Because the findings for the current CUPS were unique to specific operational characteristics of Milton's, the current CUPS MILTON'S - 3545 DOUGLAS DR -- EXPANDED HOURS PAGE 2OF3 are not transferable to a different business or different owner of the same business. This provision should be maintained in the new CUP. 6) The City Council determines that all applicable requirements of Subsection 515.05, Subdivision 3 a) and Section 520 are considered and satisfactorily met. a} 515.05 Subd. 3 a): In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied in determining whether to approve a conditional use permit request: 1) The consistency of the proposed use with the comprehensive plan. 2) The characteristics of the subject property as they relate to the proposed use. 3) The impact of the proposed use on the surrounding area. Suggested Findings: The proposed use is consistent with the Neighborhood Commercial guidance in the Comprehensive Plan, would be a good fit for the property given its configuration and other existing uses, and would not create significant negative impacts on the surrounding area provided the property is operated and maintained in compliance with city code and the conditions imposed under the current CUPS which should be incorporated into the new CUP. b) Section 520 (Site Plan Review) Suggested Findings: Does not apply in this case because the site improvements are already in place. C. STAFF RECOMMENDATION Approve the requested extended hours of operation for a closing time no later than 12:00 midnight seven days a week, except for January 1 of each year when the closing time shall be no later than 1:00 a.m. All findings and conditions of the 2011 and 2013 CUPs remain in effect with the exception of these expanded hours of operation and the pending full -on -sale liquor license which is subject to review and approval by the City Council in a separate process. Planning Commission action is requested in the form of a recommendation to the City Council. The motion should reference the findings and conclusions in the staff report or include other findings and conditions specifically stated by the Commission. The City Council would consider the Planning Commission's recommendation at its meeting on June 17, 2014. MILTON'S - 3545 DOUGLAS DR - EXPANDED HOURS PAGE 3 OF 3 Parcel 20-118-21-11-0098 A -T -B: Tortens ID: Owner Douglas Dr Partnership Up Name: Parcel 3537 Douglas Or N Address: Crystal, MN 55422 Property Commercial -Preferred Type: Home- Non -Homestead stead: Parcel 1,4E acres Area: 63,435 sq ft Market $825,000 Tota 1: Tax $36%,201.08 Total: (Payable: 2014) Sale Price: Sale Date: Sale Code: RA I :F J14 JtJ AW W% omawwga: Map Scale: 1"" = 400 ft. N Print Date: 5/31/2014 A)— This map is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown, COPYRIGHT O HENNEPIN COUNTY 2014 Think Green! I 0 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-11$$ - www.ci.crystal.nut.us AL October 19, 2011 Francine & Phil Weber via email to: freewebman@aol.com and 2160 Spruce Trail ptpartyplannerRhotmail.com Golden Valley MN 55422 Subject: 3545 Douglas Dr N, Crystal MN 55422 Special Land Use Application 2011-14 (Milton's Restaurant) Conditional Use Permit for expanded hours of operation (closing at 10:00 p.m. Sunday -Thursday and 12:00 midnight Friday -Saturday, instead of 9:00 p.m.) On October 18, 2011, the City Council approved your requested Conditional Use Permit, as recommended by the Planning Commission, subject to the following conditions of approval: 1. if the city receives verified reports of negative impacts on adjacent residential property, including but not limited to noise or other disturbances by patrons in the parking lots, then the property owner and Milton's management shall take steps to correct the problem. Failure to satisfactorily correct the problem, as determined by the City Manager, would result in review and possible revocation of the conditional use permit. If the permit is revoked, Milton's would have to follow the standard hours of operation limitations in the C-1 district. 2. Any change in the operational characteristics of the business, including but not limited to those described in the applicant's narrative, may require a new conditional use permit application. The City Manager shall determine whether a new application is required. 3. This conditional use permit shall not be transferable to a different business or different owner of the same business. In such instances, a new conditional use permit application shall be submitted. Please contact me at 763.531.1142 or 'ohn.sutter ci.c stal.mn.us if you have any questions. Regards, John Sutter City Planner/Assistant Community Development Director CC Douglas Drive Partnership LLP (via email to Horizonmana ement earthlink.net) m PAGE 1of1 (Q-Okk) Narrative for Milton's Restaurant (3545 Douglas) EXECUTIVE SUMMARYIMISSION STATEMENT in today's highly competitive environment, it is becoming increasingly more difficult to be unique. We will be positioning ourselves much like the highly successful coffee house experience which gives you a place to be alone, come In for a quick meal, use it as a meeting place, etc. The difference being we will have wine and beer and the bonus of our families diverse. background of creative homestyle cooking, Milton's will provide a friendly, comfortable`Mmosphere where the customer can receive quality food and service at a reasonable price. Sample menu: Breakfast---- Depending upon location, breakfast may be available daily and/or featured only on weekends. Lurch and dinner---- We will feature signature sandwiches from the grill such as pork chop, chicken, and ribeye with our homemade blend of seasonings and sauce; Negril style Jerk chicken, ribs (specialty item of the family), turkey burgers, homemade chips and various sides. Desserts ---will consist of passed down homemade recipes along with gluten free options. Interior design The building will focus on projecting a relaxed atmosphere. Milton's will create space with various seating areas: wood tables and chairs, the ambiance of a living room, cozy booths, a custom made community table, and a winelbeer bar (needs to be designed based on the space). Board games will be available. Wireless will be provided with ample outlets available for those needing to plug in. There will be a wall with an old black and white of Milton from 1959 as a focal point along with a possibility of smaller pictures of his descendants (daughter, sons, and various grandchildren who will be working there), miscellaneous pieces collected from local antique stores and Custom made art (wooden spoons) from the artist Frank Wright (located in Lanesboro, MN). Miltons Executive Summary Employees our staff which will consist mostly of family, will make table visits a priority. We will dress casually in tailored jeans and logo personalized T-shirts that our customers may purchase for a nominal price, Advertising and promotion We are at an advantage, we will be using our email list of 4,000, radio ads and in- house promotion at our extremely successful business "The Park Tavern" to introduce our new concept along with social media, For businesses in the area, menus will be distributed and delivery may be a possibility. Managementlstaff It will be comprised of family members. The family collectively brings 60+ years of business experience, 30 of those years as the proud owners of the Twin Cities premiere bowling/dining establishment "The Park Tavern". Hours of Operation Our restaurant concept is contingent on extending the hours of service Sunday through Thursday closing at lopm and Friday/Saturday midnight. 9) We understand the hours of operation will require the passage of a text amendment. Thank you for your consideration. Francine and Philip Weber Miltons Executive Summary April 18, 2013 'AL 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • wwwxi.crystal.tnn.us Via email to freewebman@aol.corn and ptpartyplanner hotmail.com (CUP applicant), and phil. Kerman+ hermanrealt inc, com (property owner) Francine & Phil Weber Milton's Cafe 3545 Douglas Dr N Crystal MN 55422 Phil Herman Douglas Drive Partnership 3539 Douglas Dr N Crystal MN 55422 Subject: Special Land Use Application 2013-04 CUP for Outdoor Food and Beverage Service at Milton's Cafe Dear Mr. and Mrs. Weber, and Mr. Herman: On April 16, 2013 the City Council approved a Conditional Use Permit (CUP) for outdoor food and beverage service as described in the proposal from Milton's Cafe, subject to the following conditions: The outdoor seating area will be subject to the same hours of operation limitations and other conditions for Milton's Cafe as approved in October 2011, and it shall be operated and maintained in compliance with all aspects of city code and conditions imposed under this CUP. 2. At a minimum, Milton's shall maintain separation as shown in the submitted plans or in a substantially similar manner. If at any time the Police Department determines that the separation of the service area is inadequate, then the matter will be brought back to the City Council, and at that time the Council may require Miiton's to install more robust separation and access control as a condition of continuing the outdoor food and beverage service. t] t Page l of 2 3. Adequate off-street parking shall be made available on the subject property. If the city receives reports of inadequate parking, then city staff will work with the property owner on a solution such as supplemental, off-site parking in the adjacent parking lot across the street. If inadequate parking persists, and city staff is unable to resolve the matter with the property Owner, then it will be brought back to the City Council, and at that time the Council may require a parking solution as a condition of continuing the outdoor food and beverage service. 4, This CUP shall not be effective until the effective date of the C-1 district text amendment (anticipated to be June 15, 2013). Findings of fact were as described in the Council staff report dated April 10, 2013. Please contact me if you have any questions. Thank you, and good luck with your project. Regards, John Sutter City Planner/Assistant Community Development Director Cc: Lt. Dave Oyaas, Crystal Police, dave.a aas cr stalmn. ov Chrissy Serres, City Clerk, chrissy.serres0cry_stalmn., ocovv Jack Molin, Building Official, jack.molinPcrystalmn.gov Page 2 of 2 John Sutter From: Phil Weber [ptpartyplanner@hotmail.com] Sent: Tuesday, March 05, 2013 5:07 PM To: John Sutter; Chrissy Serres; freewebman@me.com Subject: Narrative Proposal for patio dining at Milton's: Milton's Cafe' would like to request issuing of permits for full service food and beverage, beer & wine , at the table seating in front of our restaurant, The seating area will be enclosed on all sides by the use of planter boxes and railing w/ hanging baskets. It will be open at the front to allow for both A.Q.A compliance and access to our front door and outdoor tables . The outdoor tables will at all times be attended to by wait staff. Also, the outdoor table seating is in complete visual control by both the bar and inside staff to insure complete security. Thank you for your consideration, Francine and Phil Weber. M E M O R A N D U M DATE: June 2, 2014 TO: Planning Commission (June 9, 2014 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director 6K SUBJECT: Public Hearin : Application 2014-2 for a conditional use permit for MD Liquors (7200 56th Avenue North) to stay open until 10:00 instead of 9:00 p.m. A. BACKGROUND The subject property is a 3,444 sq. ft. liquor store in the C-1 Neighborhood Commercial district. In the C-1 district, commercial uses must close by 9:00 p.m. unless the City Council grants a conditional use permit for extended hours of operation. MD Liquors has applied for a CUP to extend closing time to 10:00 p.m. Notice of the Planning Commission's June 9, 2014 public hearing was mailed to property owners within 350 feet and published in the Sun Post on May 29, 2014. A copy of the notice was sent to the City of New Hope for them to similarly notify their property owners within 350 feet. Staff has received no comments to date. The following Exhibits are attached: A. Aerial photo (2012) B. Letter from MD Liquors B. STAFF COMMENTS A conditional use permit may be granted for the proposed use provided that the following requirements are met (515.45 Subd. 4 d): 1) The applicant has submitted a detailed description of the proposed use containing sufficient information for the Planning Commission and City Council to make findings pertaining to the application. Suggested Finding: The expanded hours are self-explanatory. 2) The proposed use would be reasonable and appropriate in a neighborhood context and consistent with the purpose of the C-1 district. MD LIQUORS - 7200 56TH - EXPANDED HOURS PAGE 1 OF 3 Suggested Finding: The property is located in a transitional area with a mixture of uses including large-scale retail (Crystal Shopping Center), small-scale retail and offices, a large institutional use (St. Raphael's) and residential uses of varying type and density. In this context, a 10:00 p.m. closing time would be reasonable given all of the other activity in the area. 3) The proposed use would not significantly impact the surrounding residential area. Suggested Finding: The residential uses immediately north and west are screened by an 8 foot tall fence. To the south, across 56th Avenue, are commercial uses, and 56th Avenue is a Hennepin County minor arterial with volumes of approximately 17,000 AADT. To the east, across Maryland Avenue is another commercial use. Residential impacts from a 10:00 p.m. closing time would be insignificant. 4) Rezoning the subject property to C-2 General Commercial would not be desirable. Suggested Finding: The subject property is the only commercial use on a block that is otherwise comprised of single family homes. Rezoning to C-2 would greatly expand the potential uses of the property and eliminate nearly all hours of operation limitations and other neighborhood protections provided by C-1 zoning. 5) Conditions may be imposed to ensure that the proposed use will meet these criteria and be consistent with the purpose of the C-1 district. Such conditions may include but are not limited to an expiration date, non -transferability, periodic renewal requirements, and provisions for revocation if the use is not in strict conformance with the use described in the written request and in full compliance with the imposed conditions. Suggested Finding: No such conditions need to be imposed for the expanded hours. 6) The City Council determines that all applicable requirements of Subsection 515.05, Subdivision 3 a) and Section 520 are considered and satisfactorily met. a) 515.05 Subd. 3 a): In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied in determining whether to approve a conditional use permit request: 1) The consistency of the proposed use with the comprehensive plan. 2) The characteristics of the subject property as they relate to the proposed use. 3) The impact of the proposed use on the surrounding area. Suggested Finding: The proposed use is consistent with the Neighborhood Commercial guidance in the Comprehensive Plan, Ma LIQUORS - 7200 56Th - EXPANDED HOURS PAGE 2 OF 3 would be a good fit for the property given its configuration and other existing uses, and would not create significant negative impacts on the surrounding area. b) Section 520 (Site Plan Review) Suggested Finding: Does not apply in this case because the site improvements are already in place. C. STAFF RECOMMENDATION Approve the requested extended hours of operation for a closing time no later than 10:00 P.M. Planning Commission action is requested in the form of a recommendation to the City Council. The motion should reference the findings and conclusions in the staff report or include other findings and conditions specifically stated by the Commission. The City Council would consider the Planning Commission's recommendation at its meeting on June 17, 2014. MD LIQUORS - 7200 56TH - EXPANDED HOURS PAGE 3 OF 3 Parcel 05-118-21-31-0100 A -T -B., Torrens Map Scale: 11" - 400 ft. N 10: Print Date: 5/3112014 4 -)- Owner Apollo System Inc Market $178,000 Name: Total: Parcel 7200 56Th Ave N Address: Crystal, MN 55428 Property Commercial -Preferred Type: Home- Non -Homestead stead: Parcel 0.5 acres Area: 21,992 sq ft Tax $6,398.72 Total: (Payable: 2014) Sale $170,000 Price: Sale 04/2013 Date: Sale Other — See Certificate Code: Of Real Estate Value (C rv) This rnap is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown COPYRIGHT* HENNEPIN COUNTY 2014 GreeW y�.�Ju., T�la.,f�4irl JIi�Y �r r!if%C'r���4i YfYi Yi fppl`1 �p�/f`�,�� Y�il� �dy�Yefiii k a7 '� i; 7K �Yr h%��. �ti�; �W )�^Y,� >r�,a a�,, ,.,I✓`i,ri��,irrV�i ohv. m rVwr + r �,r,�I� tq ���D�rrYNlrl�. �)��g, Yi �l Y� ,1� n Y tie 0 71 1% 10 i Y i NO � ������` P V' Wu nE qP ✓ "��y� �"V�/i� ��%, �' � h,'{"y; Flim 'r k '� !!r?# 4 u w s. i�ti i� �, ,,, ����,xa',.�:;N� �'e MA) Lkilim " 11C 7"W11 Kiss Llk(RrOc1 Iwlarr-10PmrreIVrclydrau s.coInu f1PWh ;/` Oki "10 Whom it may t ollcern: / We are rcqu sthrl al Variance s laarnge 111M �vrmld allow LtS 14a crxtarn+cl O M' hUS[rac'S, I -IOM's [I'MIa 9:30aara1 1cr 900pils INl¢ruld; ly H el Saturday to 9:30.1111 for l llpm Monday tlarir S,aterrelaay. kVv think it would la. v little oT HO itwogxAJ w our 8 csic'lcnH al nail„hbor> Owe stayed rrlaa'rr all e^x[ra l oul'. Thank You, M.D Lkliacaa' M E M O R A N D U M DATE: June 2, 2014 TO: Planning Commission (June 9, 2014 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director SUBJECT: Public Hearin: Application 2014-3 for a variance for a monument sign at St. Raphael's (7301 56th Avenue North) to have a height of 10 feet 6 inches instead of 6 feet A. BACKGROUND The subject property, St. Raphael's, is a church and school campus comprised of three parcels totaling 13.8 acres and zoned R-1 Low Density Residential. In the R-1 district, institutional uses may have monument signs up to 6 feet high. St Raphael's proposes a new monument sign with a height of 10 feet 6 inches in an existing landscape area south of 56th Avenue North between the east driveway and the school parking lot. Notice of the Planning Commission's June 9, 2014 public hearing was mailed to property owners within 350 feet and published in the Sun Post on May 29, 2014. A copy of the notice was sent to the City of New Hope for them to similarly notify their property owners within 350 feet. Staff has received no comments to date. The following Exhibits are attached: A. Aerial photo (2012) B. Submittal from St. Raphael's B. STAFF COMMENTS State statute* requires variances to meet all three of the following criteria: • The property owner proposes to use the property in a reasonable manner not permitted by an official control; and • the plight of the landowner is due to circumstances unique to the property not created by the landowner; and • the variance, if granted, will not alter the essential character of the locality. *In 2019 state law was changed to replace the 'undue hardship' criteria for variances with much easier -to -meet 'practical difficulty' criteria. Notwithstanding the `undue hardship' criteria still present in the city's sign code, the city will apply the state's `practical difficulty' criteria due to preemption. ST RAPHAEL'S - 7301 56 r" - SIGN HEIGHT VARIANCE PAGE 1 OF 2 The requested variance meets all three criteria in the statute: a) The property is a large institutional use located in a transitional area with a mixture of uses including large-scale retail (Crystal Shopping Center), small- scale retail and offices, and residential uses of varying type and density. In this context, a monument sign with a height of 10 feet 6 inches is a reasonable use not permitted by the code; and b) The property is unique in the R-1 district due to a combination of (1) it being located in a corridor with a wide range of nonresidential uses, (2) it being located on a Hennepin County minor arterial with volumes of approximately 17,000 AADT, and (3) physical constraints including an elevation change to the west and a fence to the east; and c) The proposed would not alter the essential character of the locality in that there are other, taller signs among the commercial uses along 56th Avenue, the nearest residential properties mainly look upon the side of the sign not its faces, and the residential properties directly facing the sign are located approximately 400 feet to the east and west. Approval is recommended based on these findings of fact. C. STAFF RECOMMENDATION Approve the requested variance for a monument sign not to exceed 10 feet 6 inches in height. Planning Commission action is requested in the form of a recommendation to the City Council. The motion should reference the findings and conclusions in the staff report or include other findings and conditions specifically stated by the Commission. The City Council would consider the Planning Commission's recommendation at its meeting on June 17, 2014. 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C H GA C NC C w L E *' 70 CL aj r ro to L a1 S Y 41 mL L L O 4. 4mm p QJ m E aJ r 0 rd U 0 ° w_ p 4� 4: •7 "a y L � � � N C w Q .� U Q4 @ Dlj Y .sa ❑ t = as , b ,r- 0n w ro C tw o of a'a M L .— tA C �., aJ to L iu� vs YE � � r6 Y Y � S ° 'v a :•a 0 N Lu C a � ra r'a a �to p M S �.+ S m 0 L N t C w al L w - S ❑ ❑- N +-i L 'N t1 rV M 0 Ln r_ m N N Qy a1 N S Y 0 {jy L ra ra ° aS DA S = Y 'p �0p 0 G � L 0 4]cr r -L a]❑ C L L a) a. � � L 0 C 4) M S O U a rd N S1 +�+ ❑ N aJ a E a Y ,_ m ❑ S J M `a ° 0 Em O Cr M 0 q t as C N ra ai N DJ C a] v as di a7 3 0 0 °' a! baja tIOL w 0 t ';A N ra � ❑ m15- S S cr .0 r �"' N 4j m I E M E M O R A N D U M DATE: June 2, 2014 TO: Planning Commission (June 9, 2014 meeting) FROM: John Sutter, City PlannerfAssistant Community Development Director f SUBJECT: Public Hearin: Application 2014-4 for site and building plan review, conditional use permits, variances and street vacations for a new public works facility at 5001 West Broadway A. BACKGROUND The city proposes to build a new facility for its Public Works Department which includes street, utility and park maintenance operations. For this purpose the city has acquired a 5.3 acre site comprised of five parcels: 5101, 5027, 5025, 5017 and 4947 West Broadway (respectively, P.I.D. 09-118-21-24-0015, 16, 17, 18 and 61). Demolition of the existing buildings and site clearance are anticipated to be completed by early July. The new facility would consist of an approximately 62,000 sq. ft. building and associated site improvements. Construction of the new facility is anticipated to begin in August with completion in summer 2015. The site is zoned C-2 General Commercial. For the project to proceed as planned, the Planning Commission and City Council would need to approve the following land use actions: - Site and building plan review - Conditional Use Permit for a government and public utility building including outdoor storage and accessory storage buildings - Variance for a 10 foot building setback along West Broadway instead of 30 feet - Variance to allow hard surface coverage at 80% instead of 75% - Vacation of street easements that would have been part of the east half of Zane Avenue, and excess Fairview Avenue right-of-way at the southeast corner of the site City staff and the city's architect, Kodet Architectural Group, presented a preliminary site plan and building perspectives at an open house on April 21 at the Crystal Community Center. 104 open house invitations were mailed on April 10 to a radius of 700 feet from the site. Five neighborhood residents, one commercial property owner and a representative from Washburn-McReavy attended the open house. The commercial owner and Washburn-McReavy were generally supportive of the project, with Washburn-McReavy being especially interested in enhanced landscaping west of the site. Of the five residents, three were generally supportive of the project, and two PUBLIC WORKS FACILITY - 5061 WEST BROADWAY - PLAN REVIEW, CUP, VARIANCE, VACATION PAGE 1 OF 5 were strongly opposed due to concerns about noise, traffic, screening and the general image presented by the facility along West Broadway. The plans included in this staff report were modified in part to respond to those concerns to the extent practicable. Notice of the Planning Commission's June 9, 2014 public hearing was mailed on May 27, 2014 to the same properties that were notified of the open house. Notice was also published in the Sun Post on May 29, 2014. Staff has received no comments to date. The following Exhibits are attached: A. Architect's narrative B. Aerial photo (2012) C. Survey showing existing conditions D. Civil engineer's plan sheets (3) E. Architect's plan sheets (8) F. Landscape plan G. Color site plan H. Color building renderings (4) I. Color building palette J. Proposed street easement and right-of-way vacations K. Comment letter from West Metro Fire Rescue District B. STAFF COMMENTS Minimum setbacks for the building are 30 feet from the lot lines along West Broadway and Fairview Avenue, and 10 feet from the west lot line along the cemetery. The building would meet or exceed the setback requirements except along West Broadway where the proposed setback is 10 feet and a variance is requested. 2. Maximum building height is 40 feet. The proposed height is 30 feet plus a small enclosure for a staircase to the rooftop not to exceed 10 additional feet. 3. To ensure that the roof overhang is at least 10 feet from West Broadway, the building will be shifted approximately 4 feet west of what is shown on the attached plans. This will be corrected in the final plans submitted for the building permit. 4. West Broadway traffic volumes (AADT) are 8,000 north of Corvallis and 6,900 south of Corvallis. The observed volume adjacent to the site is approximately half of the capacity of the roadway. 5. The property would have three curb cuts on West Broadway: Trucks and large city vehicles would access the site at the north and south ends, and regular motor vehicles (employees and visitors) would access the site in the middle. The north curb cut would probably see the greatest use, and it is located directly across from Corvallis Avenue. Signalization of this intersection is not anticipated but a signal could be installed in the future if needed. PUBLIC WORKS FACILITY - 5001 WEST BROADWAY - PLAN REVIEW, CUP, VARIANCE, VACATION PAGE 2OF5 6. The minimum setback for the parking lot 1 paved yard area is 5 feet from any lot line. The proposed parking lot setbacks are approximately 35 feet from Fairview Avenue, 10 feet from West Broadway and no less than 5 feet from the west lot line. 7. Maximum hard surface coverage is 75%. Proposed coverage is 80% but there would be full on-site stormwater treatment so a variance is requested. 8. As shown, the two accessible parking spaces are not code compliant. The minimum dimensions for accessible spaces are an 8 foot wide space and an 8 foot wide clear zone, for a total of 16 feet. This will be corrected on the final plans submitted for the building permit. 9. Except for the stormwater ponds, south building access and visitor parking, the site would be secured with fences and motorized gates. Along the Fairview Avenue setback line, an 8 foot high opaque screening fence or wall would extend out from each corner of the building to provide screening in accordance with 515.13 Subd. 7 a) 2). Along West Broadway, a 6 foot high decorative fence would be used. Access would be controlled by motorized gates at the main (Corvallis) entrance and the visitor parking area. Along the west side of the site, a 6 foot high chain link fence would be used. 10. There is a 30 foot wide drainage & utility easement on the cemetery property directly west of the site. The city would heavily plant this area to provide screening for the cemetery, and the cemetery would take on maintenance of the landscaping once planted. If the cemetery desires, the city would also remove the old fence along the west side of the easement because the city's new fence on the east side of the easement would make the old fence redundant. 11. Irrigation is not discussed on the landscape plan. Any sodded areas must be irrigated. There may be some areas where seeding is a more appropriate way to achieve ground cover, and in those cases, a seed mixture not requiring irrigation may be used. These items will be resolved prior to submittal of the final plans for the building permit. 12, Large -species shade trees (Ginkgo, Hackberry and Swamp White Oak) are shown along West Broadway. This would require the existing overhead utilities along the West Broadway sidewalk to be relocated underground. City staff has asked Xcel Energy for a cost estimate and this matter will be brought to the City Council for consideration after that information is available. If the Council chooses to not underground the utilities along West Broadway, then the plan will be revised to show smaller trees. 13. West Metro Fire Rescue District provided detailed comments in its May 28 letter. While these items do not need to be addressed now, they will be resolved prior to submittal of the final plans for the building permit. PUBLIC WORKS FACILITY - 5001 WEST BROADWAY - PLAN REVIEW, CUP, VARIANCE, VACATION PAGE 3 OF 5 C. STAFF RECOMMENDATION Approve the submitted site and building plans, subject to the necessary corrections or clarifications described in Section B of this report which must be resolved prior to submittal of the final plans for the building permit. Finding: The submitted site and building plans are in conformance with city code, provided that they are revised as described in Section B of this report, and the other land use actions are approved. 2. Approve a conditional use permit for a governmental and public utility building including outdoor storage, covered storage bins and a cold storage building. Findings: a. The proposed facility is in conformance with 515.49 Subd. 4a pertaining to governmental and public utility buildings, 515.49 Subd. 4e pertaining to outdoor storage and 515.49 Subd. 4h pertaining to accessory storage buildings, and shall be operated in accordance with same; and b. The proposed use is consistent with the General Commercial guidance in the Comprehensive Plan, is an appropriate use in this location because it is located in a transitional area between residential and industrial uses, and would not create significant negative impacts on the surrounding area. (515.05 Subd. 3) 3. Approve a variance for a 10 foot minimum building setback along West Broadway instead of 30 feet. Findings: The requested variance meets all three criteria in the statute: a. The setback reduction is reasonable because the existing building at 4947 West Broadway has a similar setback encroachment and the vast majority of the new building will be set back far more than the minimum 30 feet; and b. The property has an unusual triangular shape which renders a large portion of it unusable for C-2 district uses if the standard 30 foot setback is applied to both the Fairview Avenue and West Broadway frontages; and c. The proposed use would not alter the essential character of the locality in that the existing building at 4947 West Broadway has a similar setback encroachment and there would be no other buildings along the west side of West Broadway from Corvallis to Fairview. 4. Variance to allow hard surface coverage at 80% instead of 75%. Findings: The requested variance meets all three criteria in the statute: a. The increase in allowable coverage is reasonable because stormwater will be accommodated and treated on the site; and PUBLIC WORKS FACILITY - 5001 WEST BROADWAY - PLAN REVIEW, CUP, VARIANCE, VACATION PAGE 4 OF 5 b. The property has an unusual triangular shape which does not allow for the most efficient layout of the yard and vehicle maneuvering areas, thus requiring more hard surfacing than would be the case on a more typically shaped site; and c. The proposed use would not alter the essential character of the locality due to full on-site stormwater treatment which will prevent harm from greater coverage, combined with the presence of green space at the edges and corners of the site where it provides the greatest benefit to adjacent property owners and the community. 5. Vacation of street easements that would have been part of the east half of Zane Avenue, and excess platted Fairview Avenue right-of-way at the southeast corner of the site. Findings: a. The Zane Avenue easements are no longer needed for public street purposes because in 1976 the city determined that Zane would not be extended from Fairview to West Broadway, specifically by vacating platted right-of-way for the west half of Zane; and b. The platted Fairview Avenue right-of-way at West Broadway exceeds what is necessary, provided that a drainage and utility easement is reserved over the vacated area. Planning Commission action is requested in the form of a recommendation to the City Council. The Commission may choose to include items 1-5 above in a single motion or consider the items in separate motions. The motion(s) should reference the findings and conclusions in the staff report or include other findings and conditions specifically stated by the Commission. The City Council would consider the Planning Commission's recommendation at its meeting on June 17, 2014. PUBLIC WORKS FACILITY - 5001 WEST BROADWAY -- PLAN REVIEW, CUP, VARIANCE, VACATION PAGE 5 OF 5 Crystal Public Works Facility The Crystal Public Works Facility is a replacement of the city's existing outdated buildings and under- sized site located in a flood zone and embedded in a residential area at 41" & Colorado Ave N. This new facility would move the city's operations to a larger site in a commercial area on West Broadway. This will greatly enhance the functional efficiency of the city's Public Works Department by housing their entire vehicle fleet indoors and providing a state of the art maintenance garage and shop areas. The building will unify the city's streets, utilities (water & sewer) and park maintenance operations into one building. Site design concepts will include: 1. Architecturally pleasing building with durable, high-quality materials 2. Site organized for efficient vehicle movement and security 3. City vehicles will only access the site from West Broadway 4, The West Broadway frontage will have a decorative metal fence 5. The Fairview Avenue frontage will be screened with a solid 8 foot high fence and a 30 foot wide landscape buffer 6. The west (cemetery) side of the site will have a 6 foot high fence, plus a 30 foot wide landscape buffer in a drainage & utility easement on cemetery property 7. On-site material storage organized in covered bins 8. An alternate for on-site fueling with canopy The building design will incorporate: 1. A contextual, durable architectural image with warm calors and textures 2. Offices, conference rooms, and lunchroom designed for efficient crew staging and operations 3. 90' wide drive-through vehicle storage bays 4. Overhead cranes and vehicle hoists for the variety of vehicle sizes 5. Mezzanine storage throughout 6. High-speed, energy-efficient doors 7. Space for indoor storage of current public works equipment 8. State of the art mechanical, electrical, and technology systems Sustainable concepts: 1. High windows and skylights to maximize natural light within the building 2. Geothermal system with vertical loops 3. On-site holding ponds and underground tanks to filter stormwater on site 4. Durable, long-lasting materials: precast concrete, metal panels, and masonry 5. Green materials: locally available and recycled 6. Infrastructure to accommodate future solar panels Estimated project construction cost: $8,400,000 © Kodet Architectural Group, Ltd. 2014 LEGAL DESCRIPTION NOTES CORRESPONDING TO EASEMENTS- LEGEND Lse!/ae wz/ e — < .� rs�s•sr <<.r<e<e s <r,eerer rn or. r,m GENERAL NOTES: 1' } •v n.ee .w u. �..... �.r.-,:.0 x SCALE IN —7 - Ll - k )f rl 717,14 e e s r o.e < r< a x<e�w r ••. / ^kP R F �<k JTP * ;f`4➢ zi x Y f PARCEL PARCEL AREAS' ryMryM loom"�e'"""'. STATEMENT OF POSSIBLE ENCROACHMENTS BUILDING DETAILS- •n �• ` c sr l u. .'—=-- SCALE: 1 4 FEET �._ — nevr5 ox5 T "I ALTA LAND TITLE AND TOPOGRAPHYSURVEY CtTY Or CRYSTAL rc woeKs -.� <sm soneao.ow.Y.�ENu IF' _ _ �a.a..LMNNEsoT. HENNEPIN COUNTY 7 — nAaays rvso ceknFlcnnoN LAN. SURVEY 13.8789 M. Im NOTE, RZ 0 135OLF SILT FENCE -.raSF cl.l k_F _ L_p St­tP ll t' Pre ntion Plan 6. Deweter a e.egn ne.mtg to. Ira.J smante.uon ( p< ear ee< r oearK° .. s erw«er• ^ .. ro. °, mr.a ° r ° < . , .Horn n.p s , P.,mv°<nr swm.o-, r, , r :>„<° e. 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I i)/ J 0 1-11 1131 Prit-AND SUl"NEY ["I'll" for Toornington, M 'rystal ,7 [Toornington, M L 5 5 4 2 Q) phooe�952--884-5341 fax:952-884-5M4� City (Y N < < 0, /< ifs 1^ Q) 2-6-38 1"10C, V\ SW COR. 1.0"T 1, BLOCK 'I N k, FATHER WILIJAM BLUM ADD. < 4,80.77 af N 89*36' 2' W LINE, LOT 1, BLOCK 1, 51930 0 F"ATHER WILIJAM BLUM ADI) a1 x-1 C's C) yy J.-Ij X A -L---- —A I r I /—A I V I L— V V r— \ V 1—. 1 14. FAIRVIEW AVENUE VACATION DESCRIBED AS That part of Fairvieve Avenue North described as follows: Commencing at the southwest corner of Lot 1, Block 1, Father William Blum Addition, Hennepin County, Minnesolo; (hence South 69 degrees 36 minutes 32 seconds East, assurned bearing along south line of said Lot 1 a distance of 4,80, 77 feet tel the point of beginning; thence continuing 010VIg southerly line of said Lot I on a tangential curve concave to the north, 28.04 feet, radius 45.00 feet, delta 35 degrees 41 minutes 42 seconds; thence continuing along solei southerly line, North 54 degrees 41 minutes 42 seconds East, 48.14 feet to the northeast line of said Lot 1; thence South 35 degrees 18 rnirlutos 18 seconds East, along the southeasterly extension of sold' northeast line of Lot 1, a distance of 26.38 feet; thence South 54 degrees 41 j,rdnutes 42 seconds West, 25.91; feet thence North 89 degrees 1-56 minutes 32 seconds West, 5930 feet to the point of beginning. General Notes: 1. Bearings sl")wn ore assumed. 2. Area of vocation !- 1,189 SY, CERTIFICATI ON - I hereby certify that this survey, plan or report was prepared by me or under my direct SUPCf-ViSbn end that I am a duly Registered [.and Surveyor under the lows of the State of Minnesota. .914 Datar� APY-9t'? 1,' onias E. HoKRf,' I.-S.t'Am Reg. No, 23671 DENOTES VACATION AREA I-ISJ WO: 201414001.DWG i WFS-1 May 28, 2014 MEI R O k-IllA�CSC'Llk. DISTl Re: Preliminary plan review for a new Crystal Public Works Facility at 5001 West Broadway, Crystal. Serring the Cities of' 00y,wel West Metro Fire -Rescue conducted a plan review on the preliminary plans M- Hope for the Crystal Public Works Facility which will be located at the above mentioned address. The following items that are listed below are either comments or requirements per West Metro Fire -Rescue Districts Policies, City Ordinances and the 2007 Minnesota Fire Code and NFPA Standards: 1. The building shall be fully sprinklered with a NFPA 13 system and monitored by a fire alarm system. 2. There shall be a separate water main going into the building for the fire protection system. Provide a utility plan shows that there will be a separate water Neigbbors main going in for the fire protection system. Se i -v ing Neigbbvi-s 3. No utility pian was provided in the plans that were provided. Provide a utility plan showing where the waterlines are going into the building, and where hydrants are located. 4. The plans Show what the total square footage of the building will be, but does not show the type of construction that will be used. Provide a code analysis of the building so we can figure out the fire flow and number of hydrants required. West Metro Fire -Rescue Districts has a policy that requires that a 4251 Xvlo , .kvt� N. hydrant shall be located within 100 feet of the fire department NL.%- F lope, AIN 5W8 connection. Voic(! 763.230-7000 Fix 763.2M-1029 Nvivw.Nvestmetrofire-co i Preliminary plan review for a new Crystal Public Works Facility May 28, 2014 Page Two 5. The plan does not show where the fire department connection (FDC) or riser/control valve will be located. The location of the FDC and riser shall be approved by the Deputy Fire Marshal. There are three options for where fire sprinkler valves/controls shall be located: A) A yard post indicator valve: which may only be used if the riser will be located below grade. 8) A wall post indicator valve used when there is no direct access (which location shall be approved by the Deputy Fire Marshal). C) A one-hour fire resistive construction protecting the fire sprinkler room with exterior access, drain, emergency light pack, and a sidewalk to public way. Provide a plan showing where the riser, FDC and control valves will be located. 5. On sheet A1.1 of the plans provided there is a flammable storage room (133). The flammable storage room shall meet the requirements of the 2007 Minnesota State Fire Code and Minnesota State Building Codes. This room shall be H-3 occupancy. Provide a Hazmat Inventory List of all the chemicals used and stored in the facility to the Deputy Fire Marshal for review. The form will be provided to you by West Metro Fire -Rescue District. A lock box shall be located by the fire department connection and the front door. The height shall be between 5- 5 % feet. To order the lock box contact the Deputy Fire Marshal. Keys shall be provided and put in the box at final. S. On Sheet A0.1 shows that there will be a motorized gate for the parking lot. What type of motorized gate will it be? We are requesting that it should be a code type access for easier access for emergency vehicles to enter both driveways' if needed. 9. Verify that there will be address numbers on the building. It shall be a minimum of 4 inches and a contrasting color and visible from the street. Preliminary plan review for a new Crystal Public Works Facility May 28, 2014 Page Three 10. On Sheet A0.1 there area few rooms that we will have to verify that they will meet the fire code requirements per the use of each room. They are the following rooms; wood sign shop (129), welding area (127), and maintenance shop (126). What type of welder will you be using? What type of wood working machines will be in the shop? A dust collecting system may be required. Will there be painting done in any of these rooms? 11. On sheet A0.1 there are a couple of conference rooms (109-111) which could possibly have an occupant load of 51 people when all the sliding doors are open in the rooms. Two exit doors will be required to be signed and illuminated. The two for doors shall swing out and not into the room. 10. Separate fire sprinkler/alarm permits applications and plan reviews are required as applicable. 11. A full code review will he conducted once we receive a full -set of architectural plans and building permit application. if you have any questions or concerns feel free to contact Shelby Wolf Deputy Fire Marshal at (763) 230-7006. Sincerely, k Shelby Wolf Deputy Fire Marshal INFORMATION ITEM FOR PLANNING COMMISSION carr of CRYSTAL. M e m o r a n d u m DATE: April 23, 2014 TO: Mayor and City Council Planning Commissioners cc: Anne Norris, City Manager Torn Mathisen, City Engineer John Sutter, City Planner/Assistant Community Development Director FROM: Patrick A. Peters, Community Development Director SUBJECT: Bottineau Light Rail - Project Update At the 4122114 meeting of the Bottineau Transitway technical advisory committee, it was made apparent that the changeover of project management responsibilities from Hennepin County to Metro Transit is underway. The project is transitioning from the intense planning initiatives that were completed over the past several years (Alternatives Analysis, Project Scoping, selection of the Locally Preferred Alternative, Draft Environmental Impact Study) and now will include Station Area Planning, Project Development, Final Environmental impact Study, and Final Engineering, all with an eye on securing the necessary federal funds from the FTA and, ultimately, commencing construction of the Bottineau LR"r (aka, Blue Line Extension). Several components of the overall project timeline are becoming more clear now that the Draft Environmental Impact Statement has been published for review and comment (comment period ends 5129114). A development timeline for what lies ahead has been prepared by Metro Transit and is included here for your reference. You can be assured that this timeline is somewhat fluid. In addition, there is a Station Area Planning project for which for which Hennepin County will be issuing RFPs in May, anticipating a July kick-off. The project essentially will be a planning exercise to examine the station areas contemplated for Brooklyn Park, Crystal and Robbinsdale. It will be a very busy couple of years, without a doubt; and you all will have opportunities for involvement at various stages along the way. 1'o help with translation, here is the key to the various acronyms included in the attachments: BLRT Bottineau Li ht Rail Transitwa , aka Blue Line Extension Draft Environmental Impact Statement DEIS ESC En ineering Services Consultant FEIS Final Environmental Impact Statement FTA Federal Transit Authority ]National Environmental Policy Notice to Proceed Project Development (includes Preliminary Fngineering) NEPA NTP PD RFP Re uest far Pro osal Record of Decision ROD Page 1 of 1 97th Avenue,A 93rd Avenue 85th Avenue Brooklyn,Boulevardil 93RO AVE 6100 < a 85TH AVE 63rd Avenue &ASS I A Bass take. 14 P" k Golden Valley 'Roald Iron d eith er a Golden VaUeyftad orPlywauffi Avenoe plyriti, Av, s416un will tw Inadc 0 Me fulure based of) intoyn?"Ition frof, e vironroental impact e,evja,N, ()fipnGtwonq, and pub Ur 0 @ Oma g) Plannod Siation Bottineau Alignment -E-.IvOVSfafi,, Bottineau Stations N 0 05 1 2 W E Miles 44TH AVE GOLDEN VALLEl 90 4e c 00 2] c 12 I May 21, 2014 4141 Douglas Drive North - Crystal, Minnesota 55422-1695 Tel: (753) 53 1 -1000 - Fax: (763) 531-1188 - www.crystalmn.gov Attn: Bottineau Transitway Hennepin County Housing, Community Works & Transit 701 Fourth Avenue South, Suite 400 Minneapolis MN 55415 Re: City of Crystal's Formal Comments on Bottineau Transitway DEIS Dear Sir or Madam: In accordance with the parameters of the DEIS process, it is appropriate that the City of Crystal offer comments specific to the potential impacts that the construction and operation of the Bottineau LRT may have on the city and its residents. Following discussion at the May 20 Council Work Session, staff has prepared these comments that itemize the primary issues associated with the Bottineau line's planned route through Crystal and for which satisfactory mitigation measures will need to be identified in the FEIS and planned for implementation during the Project Development phase. The impacts identified in the DEIS that are of particular interest to Crystal are noise, vibration and traffic. Noise With regard to the projected noise impacts along the that portion of the C Alignment in Crystal, the report indicates that there are a significant number of adjacent noise sensitive land uses that are predicted to experience noise impacts from LRT construction and operation, if unmitigated, A total of approximately 246 dwelling units (single-family, 2 -family and apartment units) are assumed to have "severe' impacts from noise. While there are some anticipated impacts associated with construction noise, the DEIS does acknowledge the city's noise ordinance restrictions in that regard, and the construction activity is temporary. The predicted operational noise impacts that are of profound concern to the City are those most directly associated with the sounding of a train horn in advance of at - grade crossings at Corvallis and West Broadway, where the train is operating in excess of 45 miles per hour. Noise from the sounding of a train horn is particularly concerning at or near those two crossings because it poses an increase to the baseline noise within what are predominantly residential neighborhoods. In addition, the impacts associated with the horn are intensified by the number of train trips through these crossings as shown by the service schedule in the report, which is assumed to be: Page 1 of 4 a Early morning {4:00-6:00 a.m.}: every 20-30 min. o Peak periods (6:00-9:00 a.m. and 3:00 — 6:30 p.m.): every 7.5 min. a Midday (9:00 a.m.-3:00 p.m.) and Evening (6:30-10:00 p.m.): every 10 min. o Late evening (10:00 p.m.— 2:00 a.m,): every30 min. In keeping with DEIS preparation protocol, the report identifies a range of noise mitigation measures that may have varying levels of effectiveness in reducing the severity of the predicted impacts. Table 5.6-5 Proposed Noise Mitigation Measures for Operational impacts identifies various potential noise mitigation methods that may be considered, including the establishment of quiet zones, which the City contends will be the most effective method within the Crystal segment of Alignment C. The report states that the request for quiet zones for at -grade crossings must be initiated by the respective municipality. However, it also states that "...the municipalities may also be required to provide improvements at grade crossings such as modifications to the streets, raised medians, warning lights, and other devices." It appears reasonably justified from the City's perspective that, while the city will certainly work with responsible agencies on the quiet zone requests, any and all costs associated with quiet zone improvements must be borne by the project and not by the City. With regard to the proposed crossing at West Broadway, the Crystal Comprehensive Plan (relevant excerpt enclosed) contemplates Hennepin County -initiated discussions with regard to removing that part of West Broadway (CSAH 8) south of Douglas from the county road system and subsequently whether the West Broadway s -curve crossing of the BNSF tracks at 48th Avenue North either ought to be reconstructed as is, reconfigured, replaced by a crossing in a different location or eliminated. The Bottineau project should incorporate this roadway evaluation into the FEIS and Project Development phase to determine the feasibility of eliminating the rail crossing at West Broadway, thereby eliminating one of the two potential crossings in Crystal needing quiet zone treatment. Finally, also regarding Figure 22: Alignment C Noise Impact Locations, there are two commercial/industrial properties misidentified as residential (the vacant industrial property at 5216 Hanson Ct and the vacant commercial property at 4940 West Broadway), and one commercial property (4947 West Broadway) that as of May 8, 2014, is no longer a church and will be developed for the City's a new Public Works facility. These three properties should no longer be included in the list of properties with potential for severe impacts from noise. Vibration ■ According to the DEIS, typical GBV levels from common sources range from imperceptible background vibrations of approximately 50 VdB to 100 Vd6, the threshold for structural damage. Annoyance is reportedly not significant unless the vibration exceeds 70 VdB. Typical rapid transit GBV is around 70-72 VdB. Four residential properties (classified as "Category 2" uses) in Crystal have been identified as having potential for impacts from vibration (Figure 39 in the Technical Report) in the range of 72-90 VdB, depending on proximity to the track centerline. There are various mitigation measures identified in the study that can be implemented in the Crystal segment, but the report specifically discusses Page 2 of 4 "...modification or relocation of crossovers between Corvallis Avenue North and West Broadway Ave .... as well as installation of track vibration isolation treatment." The Bottineau project should incorporate successful vibration mitigation measures for evaluation in the FEiS and during Project Development. Traffic The only transit station proposed in Crystal will be located within the BNSF railroad right-of-way just south of Bass Lake Road. The current proposal for this station does not contemplate any park and ride or kiss and ride facilities. If this is to be the case, it is reasonable to expect that, without appropriate design considerations that anticipate such activity, some vehicles will drop off and pick up transit riders by stopping on Bass Lake Road and Bottineau Boulevard, thus obstructing traffic flow. The DEPS points out that station area plans, which would include the park and ride facilities (and presumably kiss and ride facilities, as well) have not been developed but would include a full traffic analysis of such facilities. The DEIS states that roadway improvements such as turn lanes or additional intersection controls may be needed to accommodate the additional traffic generated. Similarly, the station area planning effort for the Bass Lake Road station, the FEIS and Project Development all need to include a detailed analysis that satisfactorily addresses the potential adverse impacts associated with the lack of an off-street drop off or parking area that can support the station without compromising traffic operations. With regard to pedestrian crossings, the DEIS proposes that new or improved sidewalk crossings of the railroad corridor are to be included in the final design of the Bass Lake Road, Corvallis Avenue (replacing existing sidewalk on south side of roadway) and West Broadway Avenue crossings in Crystal. As an example, residents east of West Broadway between Corvallis and 47th Avenue North will need to be assured of safe crossing of the Transitway to access Welcome Paris and points west. The City looks forward to participating in the process to ensure that Crystal residents will have safe pedestrian facilities to access the station and that connect neighborhoods across the rail corridor. The City is concerned that, with the frequency of trains and the regular closing of major crossings such as at Bass Lake Road, there is the potential for adverse impacts to public safety services, such as increased response time, reduced access and increased costs. The pending traffic analysis must address and mitigate these possible impacts. The City also is concerned that access to Bottineau Boulevard for residents north of the Canadian Pacific (CP) Rail will be compromised by the gated crossing at Bass Lake Road. Frequently the east -west CP Rail traffic blocks Douglas Drive and Vilest Broadway. This forces residents north of the CP Rail to use Bass Lake Road to access Bottineau Boulevard and points south; and with the gates activated for LRT at the Bass Lake Road crossing, it may impose considerable traffic delays and queuing on Bass Lake Road that may take an inordinate amount of time to clear. The pending traffic analysis must also address and mitigate these possible impacts. Page 3 of 4 Finally, the City expects that the FEIS and Project Development phases will be sensitive to any adverse impacts on the Crystal business community that may be caused by construction of the Transitway and that there will be plans and programs in place to mitigate any anticipated adverse impacts. The City appreciates the opportunity to review and offer its formal comments on the Bottineau Transitway DEIS. 5incer ly, L ' r l Arine Norris Ciiy Manager Enclosure cc: Patrick Peters, Community Development Director Tom Mathisen, City Engineer Mayor and City Council Crystal Planning Commission Page 4 of 4