2014.10.13 PC Meeting PacketPage 1 of 3
CRYSTAL PLANNING COMMISSION
DETAILED AGENDA
Monday, October 13, 2014 at 7:00 p.m.
Council Chambers, Crystal City Hall
Commissioners, please call 763.531.7942 or
email iohn,sutter(cDctystalmn.gov 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
thin fnllnwinn mAmharc rnrpcant'
❑ Commissioner (Ward 1)
❑ Commissioner (Ward 2)
❑ Commissioner (Ward 4)
Sears [Vice Chair]
Kolb
[vacant]
❑ Commissioner (Ward 1)
❑ Commissioner (Ward 3)
❑ Commissioner (Ward 4)
Heigel
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 September 8, 2014 regular meeting with the following exceptions:
Motion carried.
C. PUBLIC HEARINGS
1. Consider Application 2014-8 for a conditional use permit for outdoor food and
beverage service at 5592 West Broadway (Noodles & Company) *
Staff presented the following:
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The following were heard:
Planning Commission discussion:
Moved by and seconded by to
(recommend approval) (recommend denial) (continue consideration) of
Application 2014-8 for a conditional use permit for outdoor food and beverage
service at 5592 West Broadway (Noodles & Company).
Motion carried.
D. QLD BUSINESS
Consider Application 2014-7 for the plat of Gaulke Pond Homes on property
located at 3924 and 3908 Douglas Drive North. (Continued from September 8,
2014 meeting.)
Staff presented the following:
The following were heard:
Planning Commission discussion:
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Moved by and seconded by to
(recommend approval) (recommend denial) (continue consideration) of
Application 2014-7 for the plat of Gaulke Pond Homes on property located at
3924 and 3908 Douglas Drive North.
Motion carried.
E. GENERAL INFORMATION
1. City Council actions on previous Planning Commission items:
• September 16: Approved a CUP for one U -Haul vehicle at 2740 Douglas Dr N
2. Staff preview of likely agenda items for Monday, November 10, 2014 meeting
3. Quarterly Development Status Report *
4. September 25 comment letter to Metropolitan Council regarding the draft
Housing Policy Plan *
F. OPEN FORUM
G. ADJOURNMENT
Moved by and seconded by to adjourn.
The meeting adjourned at
Motion carried.
p.m.
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CRYSTAL PLANNING COMMISSION MINUTES
Monday, September 8, 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
followinq members resent:
X Commissioner (Ward 1)
X Commissioner (Ward 2)
❑ Commissioner (Ward 4)
Sears [Vice Chair]
Kolb
[vacant]
X Commissioner (Ward 1)
X Commissioner (Ward 3)
X Commissioner (Ward 4)
Heigel
VonRueden [Chair]
Johnson
❑ Commissioner (Ward 2)
X Commissioner (Ward 3)
X Commissioner (At -
Erickson
Buck [Secretary]
Large) Strand (7:02 p.m.)
Also present were City Council Member Joe Selton and staff members John Sutter,
Patrick Peters, and Gail Van Krevelen.
B. APPROVAL OF MINUTES
Moved by Commissioner Kolb and seconded by Commissioner Buck to approve the
minutes of the August 11, 2014 regular meeting with no exceptions.
Motion carried.
C. PUBLIC HEARINGS
Consider Application 2014-7 for the plat of Gaulke Pond Homes on property
located at 3924 and 3908 Douglas Drive North
City Planner John Sutter said that the property is located on the east side of
Douglas Dr roughly between 38th and 41St Avenues North and is primarily
surrounded by single family homes, a few duplexes, Fair School and the Public
Works building. He also stated that the property is made up of two parcels, 3924
Douglas which has the house on it, and 3908 which was formerly the Gaulke
homestead.
On the south end of the property the developer is requesting a vacation of the
easement for the unimproved street easement between Douglas and Colorado.
If that happens, ownership would revert back to the Gaulke property, making it
almost exactly 4 acres. Mr. Sutter also stated that the property is zoned R-1 low
density residential and the submitted plat proposes 15 single-family homes on
the site.
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Of the 15 homes, 13 of them would be accessed from Douglas Drive and 2 from
the intersection of 39th and Colorado Avenues. Instead of the 60' street
easement, the development would dedicate a 50' drainage and utility easement.
The 13 lots would receive water and sewer service from Douglas Drive, 10 of
which are already in place. There are existing services available on Colorado for
the other 2 lots.
Mr. Sutter said the developer is showing 3 infiltration basins, but they have no
outlet structure and it's unknown how much runoff from the rear yards they would
pick up. The developer is also showing each single-family home on Douglas
having a separate curb cut.
The developer has also submitted a separate grading pian but has not indicated
that the entire site would be graded all at once so the city is unsure how it would
be marketed. It appears that each builder would be responsible for grading each
lot at time of construction. The city is concerned because the site runs downhill
to the north and changes to the grade on one lot can affect the others.
The city is not entirely opposed to the idea, however, there needs to be more
information provided to the city about the staging of the grading on the site.
Mr. Sutter indicated there are two primary issues that staff has identified that
leads them to recommend continuing the public hearing to the next meeting in
October. The first has to do with storm water treatment. The city requires full
treatment of runoff from a development of this size, however there is no provision
to treat any of the runoff from the driveways and the front half of the houses and
it's likely the majority of the runoff would go onto Douglas into the existing storm
sewer system. If the developer has to put in a pond, it may decrease the number
of lots and either increase or decrease the size of the lots, depending on what
size the pond needs to be. The city doesn't see any alternative other than the
number of lots on Douglas will have to be reduced by one and since that would
affect the plat, the city recommends continuing the hearing until the next meeting
to give the developer time to resolve this issue. It is also unknown whether the
three small basins would be sufficient in order to treat the rear yard runoff, if not,
there could be erosion issues on the city property and pond to the east.
The other issue has to do with the curb cuts on Douglas Drive. Hennepin County
has both plat and curb cut permitting authority. They have said they will not
approve the plat as shown and would require some type of consolidation of the
driveways. The county has indicated they would accept shared driveways, which
would likely be more practical than the other option of a frontage road.
The reason this is so significant is that even if the city were to approve the plat, it
has to be recorded at the county. Since they have said they will not approve it as
is, it is not recordable anyway and if the plat is not recorded, the lots can't be
sold. Hennepin County also issues permits for the curb cuts, again, they have
said they will not do that. Therefore, city staff feels these issues need to be
addressed now.
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Commissioner Heigel questioned if the utilities would be off the front of the
property. Mr. Sutter said that one gas main is on the other side of Douglas and
another goes up Colorado and turns on 39th, but he was unsure how they were
going to feed the gas to the properties, and the plat includes easements so
Centerpoint will have a way to get gas service to the new houses. The electric
and communications services are on the poles on Douglas, but the service lines
will be underground as is required by the city.
Commissioner Strand questioned if Hennepin County gave their reasoning for
denying the curb cuts. Planner Sutter stated that they want to limit the number of
access points for safety reasons.
Commissioner Sears asked how many curb cuts Hennepin County wanted. Mr.
Sutter indicated they haven't given a specific number, they just said they needed
to be consolidated in some way.
City staff did provide the developer with a concept sketch with suggestions
including where the city felt a pond should be placed, some suggestions were
accepted and some were not. Planner Sutter indicated that it has not been
determined how the pond would be maintained. He also emphasized that the
reason the city is so concerned about the curb cut and drainage issues is that it
may change the layout of the development. After the final plat is recorded the
developer can start selling property and once that happens, the city has basically
given up their ability to regulate the development.
Commissioner Heigel asked what would happen if two property owners with a
shared curb cut wanted different driveway materials. Mr. Sutter said the city
suggested putting a concrete approach up to the property line and a joint down
the center so there would be a clear indicator between the two.
Commissioner Kolb questioned why the county thought 6 curb cuts would be
safer than 12 or 13. Mr. Sutter said he can't speak for the county but their
reasons probably have to do with larger space between the curb cuts and more
consistency.
The following were heard:
Perry Ryan of Ryan Excelsior Properties spoke before the commission, indicating
that their company is the developer of the property and also the engineer. He
stated that he had met with the city engineer and showed him where the
proposed ponds would be located and that no calculations were ever requested.
He also said that the site doesn't naturally all run to the northeast corner of lot
one and to make that happen they would have to do major storm sewer work to
collect runoff from the rear yards. The ponds he suggested are natural runoff
locations and he also indicated they would propose to direct the roof runoff to the
rear yard as well, so only the additional runoff would be from the driveway.
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Mr. Ryan said that in talking with the city, they would not take a position on the
curb cuts, but indicated it would be a county decision. He talked with the county
and they said they would like two houses per driveway but they would be willing
to talk about it.
Mr. Ryan also said that this is only a preliminary plat and as such, is not
recordable and doesn't feel that these two issues should delay approval of the
plat.
Commissioner Kolb asked Mr. Ryan whether his conversation with Hennepin
County regarding the curb cuts was prior to the August 28, 2014 letter the city
received stating the county will not approve the proposal of one driveway per lot.
Mr. Ryan indicated it was.
Commissioner Strand asked Mr. Ryan why he felt the city was taking a stand on
the driveways. He said that the city has always said it was a county decision.
Mr. Sutter said that what the city has said all along was that the county would be
resistant to separate curb cuts and shared curb cuts would be a way to deal with
that, but that the developer would need to contact the county and resolve it with
them.
Mr. Sutter also said the city in no way advocates for shared curb cuts, it's a
county road and the city doesn't have the authority to issue permits, the county
makes that decision. Mr. Sutter explained that the concern of city staff is the plat
submitted shows individual curb cuts, the county is saying they won't allow it, so
he feels it would be irresponsible on the city's part to move forward until this
issue has been decided.
He also said that a preliminary plat isn't really preliminary, it just means this is the
submittal with all the details that have been worked out, and the final plat which
gets recorded to actually create the lots doesn't show the details.
Commissioner Sears questioned how the runoff from the driveways would be
handled. Mr. Ryan said that this is a unique property since the majority of the
frontage is on Douglas Drive, and that most other subdivisions in the city do not
intercept the runoff from the driveways. They are proposing that the majority of
the runoff, which comes from the roof, be directed to the rear ponds. Their goal
is to reduce amount of area runoff that would go to Douglas Drive and at least
match the amount of current drainage.
Mary Weber, 3825 Brunswick Ave N, wanted to know the size of the lots. Mr.
Sutter said they range from 8,700 —18,000 square feet with the majority being
64.5 feet wide.
Rochelle Cossette, 4051 Brunswick Ave N, questioned what would be done with
the current Public Works building. Mr. Sutter said the salt storage shed and the
utilities building would remain, the streets building and metal pole barn would be
removed. The council has not determined what the long term usage would be;
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it's very complicated by the flood zone. Ms. Cossette also questioned whether
there was an approximate market value for the proposed houses, but the
developer did not have an answer at this time.
Planning Commission discussion:
Commissioner Kolb mentioned that the commission could either accept the staff
recommendation to continue the public hearing or could vote to approve. Mr.
Sutter confirmed that, saying if it was approved it would go to council the
following week for consideration. City staff would probably ask legal counsel to
advise the city council on whether or not the city would be creating a vested right
by approving the preliminary plat. Commissioner Kolb questioned if the plat was
approved whether it would come back before the Planning Commission. Mr.
Sutter said he was unsure what would happen, it would be up to the city council.
Moved by Commissioner Strand and seconded by Commissioner Heigel to
continue consideration of Application 2014-7 for the plat of Gaulke Pond Homes
on property located at 3924 and 3908 Douglas Drive North.
Motion carried 6 — 1 with Sears, Heigel,
VonRueden, Buck, Johnson and Strand
voting aye and Kolb voting nay.
D. OLD BUSINESS
Consider Application 2014-6 for a conditional use permit for U -Haul (2740
Douglas Drive North) to store and display one vehicle in the Lamplighter Square
parking lot. (Continued from August 11, 2094 meeting.)
Staff presented the following:
Mr. Sutter said the office use is all permitted; the CUP is only for the single U -
Haul vehicle. Since the last meeting, Mr. Sutter indicated he spoke with the U -
Haul representative who indicated that all other trucks will be off-site and he felt
that both the business owner and U -Haul both understand what is allowed.
Commissioner Kolb wanted to make sure that the city had the power to revoke
the CUP if it becomes a problem. Mr. Sutter said if they had multiple vehicles
there, they would be violating the zoning ordinance and subject to the city's
standard enforcement process. If the violations continued, the council would
have the option to revoke the CUP.
Commissioner Heigel questioned whether it was ever clarified what type of
vehicle would be allowed. Mr. Sutter stated that the square footage limit of 270
square feet has been added to the conditions.
The following were heard:
None were heard.
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Moved by Commissioner Kolb and seconded by Commissioner Buck to
recommend approval of Application 2014-6 for a conditional use permit for U -
Haul (2740 Douglas Drive North) to store and display one vehicle in the
Lamplighter Square parking lot.
Motion carried.
E. GENERAL INFORMATION
City Council actions on previous Planning Commission items:
August 19: Approved a sign setback variance for 5120 56th Ave N (Liquor
Liquidator)
2. Bottineau/Blue Line LRT update from Hennepin County and Finance &
Commerce article
Mr. Sutter informed the commission that the Bottineau Light Rail project office
will be in the Crystal Gallery Mall in the former Northwest Family Physicians
location.
3. Staff preview of likely agenda items for Monday, October 13, 2014 meeting
Noodles & Company might be coming in for a CUP for an outdoor patio which
will include liquor.
F. OPEN FORUM
No one spoke before the commission.
G. ADJOURNMENT
Moved by Commissioner Sears and seconded by Commissioner Von Rueden to
adjourn.
Motion carried.
The meeting adjourned at 8:05 p.m.
GAPLANNINGTIanning Commission12014109.081unapproved minutes.doc
M E M O R A N D U M
DATE: October 7, 2014
TO: Planning Commission (October 13, 2014 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director
SUBJECT: Public Hearing: Application 2014-8 for a conditional use permit for outdoor
food and beverage service at 5592 West Broadway (Noodles & Company)
A. BACKGROUND
The subject property contains 7.74 acres and is occupied by the 105,314 sq. ft. Crystal
Gallery Mall built in 1984 and a secondary 6,000 sq. ft, building under construction at
the northwest corner of the site. The owner is also in the process of "de-malling" the
1984 building with the reclaimed corridor areas being added to the adjacent tenant
spaces and new exterior finishes. The owner will also be reconfiguring the parking lot
and landscaping in spring -summer 2015.
Noodles & Company would take the easterly 2,503 sq. ft. of the new 6,000 sq. ft.
building and would also have a 506 sq. ft., 22 seat patio for outdoor food and beverage
service. Both the restaurant and patio would have beer and wine in addition to food on
the menu. The property is zoned C-2 General Commercial and the restaurant is a
permitted use. However, a conditional use permit ("CUP") is required for the outdoor
food and beverage service.
Notice of the Planning Commission's October 13 public hearing was mailed to property
owners within 500 feet and published in the Sun Post on October 2. No comments
have been received.
The following Exhibits are attached:
A. 2012 aerial photo
B. 2013 approved site plan excerpt
C. Applicant's narrative (with staff notes)
D. Applicant's plan sheets (11x17)
B. STAFF COMMENTS
The conditional use permit requirements and recommended findings are itemized
below:
5592 WEST BROADWAY - OUTDOOR DINING CUP - NOODLES & CO
PAGE 1 OF 3
1) The service, sale, display or rental area is hard surfaced and clearly designated
on the site as being limited to the specific, approved area.
Findings: The proposed outdoor seating area is hard surfaced and
separated by railings with gates.
2) The service, sale, display or rental area does not exceed 30% of the gross floor
area of the principal use, 20% of the area of the property, or 1,000 square feet.
Findings: The proposed outdoor seating area would be 20% of the
principal use, <1 % of the property and 506 square feet.
3) The items to be placed outdoors are typically found outdoors and are
constructed of materials appropriate for outdoor weather conditions.
Findings: The outdoor seating and related fixtures will be evaluated for
compliance as part of the county health department's restaurant
inspection and licensing process which will include the outdoor seating.
4) The city council finds that there will be adequate screening and buffering
between the establishment and adjacent uses.
Findings: No screening is required because the outdoor seating area is
not visible from residential property. Adequate buffering is present due to
the approximately 320 foot distance from the patio to the nearest
residential parcel at 6528 Brentwood, and the numerous roads and
commercial buildings between the patio and residential property.
5) The city council determines that all applicable requirements of subsection
515.05, subdivision 3 a) and section 520 are considered and satisfactorily met.
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:
■ The consistency of the proposed use with the comprehensive plan.
■ The characteristics of the subject property as they relate to the proposed use.
■ The impact of the proposed use on the surrounding area.
Findings: The proposed use is consistent with the Community Commercial
guidance in the Comprehensive Plan. The seating area is typical for and
complimentary to adjacent commercial uses. The seating area would not
create significant negative impacts on the surrounding area.
Section 520 (Site Plan Review)
Findings: Site improvements are either being constructed along with the
new building or will be installed in spring -summer 2015.
5592 WEST BROADWAY - OUTDOOR DINING CUP - NOODLES & CO
PAGE 2 OF 3
C. STAFF RECOMMENDATION
Approve a conditional use permit for outdoor food and beverage service at 5592 West
Broadway (Noodles & Company)
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 October 21.
5592 WEST BROADWAY - OUTDOOR DINING CUP - NOODLES & CO
PAGE 3 OF 3
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Affn: John Sutter
Suite 400
(763)531.1142
Des Pbines, IL 60018-4108
T 847.298.6900
Site:
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Noodles & Co.
Los Angeles
5592 W. Broadway Ave,
805. Lake Avenue
Suite 708
Crystal, MN 55428
Pasadena, CA 91101
T 626.685.2800
Projec Descriptiow, Noodles& Co., Crystal, MN 55428
F 626.685.2803
chipmardesignorch.com
Noodles and Company will be the future tenant at 5592 W, Broadway Ave
Crystal, MN 55428.< V .
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(Crystal Gallery Mall).The existing proposed Noodles space has 2,503
square feet along with an adjacent enclosed with gate patio area of 506 X
square feet that will be provided by landlord under separate permit. The kf
patio area will have 22 seats available to its customers.
Noodles & Company will serve pasta, soups and salads along with wine
and beer. The Noodles restaurants have general operating hours of
Monday through Sunday from l 0:30 am to 10:00 pm. The restaurant will
be operated with 8 to 10 staff members per shift.
Noodles & Company is applying for the Conditional Use Permit in order to
serve wine and beer to its customers on an enclosed gated patio
attached to the building.
Please let us know if you have further questions or comments.
Sincerely,
Chipman Design Architecture, Inc.
Artur Uchanski
Project Manager
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M E M O R A N D U M
DATE: October 7, 2014
TO: Planning Commission (October 13, 2014 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director
SUBJECT: Application 2014-7 for the plat of Gaulke Pond Homes on property located
at 3924 and 3908 Douglas Drive North (continued from September 8, 2014
meeting)
A. BACKGROUND
The subject property is zoned R-1 and guided Low Density Residential. It is a 4 acre
site comprised of the following:
- 3924 Douglas Drive North (P.I.D 16-118-21-32-0003) containing 1.8 acres
- 3908 Douglas Drive North (P.I.D 16-118-21-32-0004) containing 1.8 acres
- To -be -vacated 39th Avenue street easement from Douglas Drive to Colorado
Avenue containing .4 acres
The applicant and owner (collectively, "the developer") would demolish the existing
house, vacate the adjacent 391h Avenue street easement, and subdivide the site into 15
lots for construction of new single family houses. 13 lots would be accessed from
Douglas and 2 lots would be accessed from the intersection of 39th and Colorado.
Notice of the Planning Commission's September 8 public hearing was mailed to
property owners within 700 feet and published in the Sun Post on August 20. On
September 8 the Commission held the hearing, discussed the application and voted 6-1
to continue the item to the October 13 meeting.
The following Exhibits are attached:
A. 2012 aerial photo
B. Applicant's narrative
C. Letter from Hennepin County regarding curb cuts
D. Memo from City Engineer regarding stormwater
E. Revised Plan sheets (11x17):
■ Cover sheet
■ P-1 Existing Conditions Survey
■ P-2 Preliminary Plat
■ P-3 Site & Utility Plan
■ P-4 Grading Plan
3908-3924 DOUGLAS DR - PLAT
PAGE 1 OF 5
B. STAFF COMMENTS
1. Zoning and land use
The proposed plat is consistent with the current R-1 zoning and Low Density
Residential land use guidance in the Comprehensive Plan. The proposed lots
would meet the minimum R-1 lot dimension requirements of 60 feet wide, 100
feet deep and 7,500 sq. ft. in area. For construction of the new houses, each lot
would be subject to the standard R-1 zoning requirements for minimum setback,
maximum height, etc.
2. Setbacks and easements
a. The minimum front and rear setback is 30 feet. The house pads shown
on sheets P-3 and P-4 are consistent with this requirement, except that
the house pad for Lot 14 is shown 80 feet from the south lot line. The
builder could place the house as close as 50 feet from the south lot line in
line with the drainage & utility easement over the south 50 feet of the site.
b. The minimum side setback is 5 feet but this will be supplanted by 5 foot
drainage & utility easements. The only exception is Lot 13 where no part
of the house can be within 50 feet of the south lot line due to a drainage &
utility easement. The main difference between the side setback
requirement and a platted easement is that the setbacks are measured to
the building wall, thus allowing some parts of the building such as footings
and roof overhangs/eaves to extend into the setback area. In contrast, no
part of the building may extend into a platted easement. For example, if a
house has a 2 foot roof overhang/eave, then to stay out of a 5 foot
easement its wall must be at least 7 feet from the side lot line.
C. All lots would have drainage & utility easements of 10 feet along front and
rear lot lines and 5 feet along side lot lines, except as follows:
■ Lots 1, 2 (part), 7, 10 and 15 would have larger easements along the
rear lot lines to accommodate infiltration basins.
■ Lots 13, 14 and 15 would have an easement covering the south 50
feet of the development site to accommodate existing and possible
future utilities in the to -be -vacated 39th Avenue street easement.
3. Street right-of-way dedication
The plat would dedicate the necessary right-of-way for the curve at 39th and
Colorado Avenues North. The plat would also dedicate 5 feet of additional right-
of-way for Douglas Drive per the county's requirements.
4. Existing house at 3924 Douglas Dr
Because the existing house and driveway area would straddle the lot line
between Lots 7 and 8, and because both sides of the house would be within the
3908-3924 DOUGLAS DR - PLAT
PAGE 2 OF 5
to -be -platted drainage & utility easements, the existing house must be
demolished before the city will approve the Final Plat.
5. Encroachments from 3960-3962 Douglas Dr
The existing conditions survey indicates several encroachments along the north
edge of the site, including sidewalks and a retaining wall which appear to have
been erected by and for the owner of the adjacent duplex at 3960-3962 Douglas
Drive North. The city cannot comment on whether the developer has the right to
remove these encroachments because that is a legal matter between the
developer and the adjacent owner. Three potential solutions are:
a) Removing the encroachments; or
b) Modifying the final plat to reduce the width of Lot 1 to no less than 60 feet
and creating an outlot to be conveyed to and combined with the adjacent
property so the encroachments are no longer on Lot 1; or
c) Modifying the final plat to widen the 5 foot drainage & utility easement on Lot
1 to ensure adequate separation between the new house and the
encroachments. Please note that option c) would still leave a title issue on
Lot 1 which may impact the developer's ability to sell that lot.
In any case, the developer needs to resolve this issue before the city will
approve the Final Plat.
6. Grading
The developer originally indicated that the site will not be graded to create the
home pads all at one time. Instead, the developer proposed selling the lots and
having each builder grade its own lot. Staff was very concerned about this
approach because grading on one lot would affect the adjacent lots and the
stormwater treatment system would not work unless the whole site is graded.
The developer has since indicated that the whole site would be graded so that, at
a minimum, the (revised) stormwater treatment system will function throughout
the lot sale process. This work must be completed before the city will approve
the Final Plat.
7. Stormwater treatment
The developer has submitted revised plans which have been reviewed and
approved by the City Engineer. The revised plans show the basin on Lot 10
being significantly larger and a fourth infiltration basin being added on Lot 15.
The developer has also agreed to add rip -rap outlets for each pond, although the
exact locations will be field -determined during the grading work. With these
changes the Preliminary Plat can be approved provided that:
a) Erosion controls shall be installed and maintained with the specific location
and time frame depending on site activities such as demolition and grading.
In areas where existing surface vegetation is not left in place, this may require
seeding in addition to silt fencing or other erosion control measures. The
specific details will be worked out with city staff once the developer has a
firmer timetable for the demolition, grading and other site work.
3908-3924 DOUGLAS DR - PLAT
PAGE 3 OF 5
b) Site grading shall include the establishment and maintenance of functional
infiltration basins including vegetation and rip -rap outlets.
c) Deed restrictions shall be established to protect the stormwater treatment
system including the four infiltration basins which are located primarily on
Lots 1, 7, 10 and 15 and secondarily on Lots 2, 9, 11 and 14. The deed
restrictions must prevent future owners from altering or otherwise impacting
the functioning of the approved stormwater treatment system. They must be
drafted in such a way as to survive delivery of a deed from the developer to a
builder, from the builder to the first homeowner, and to subsequent
homeowners.
These items must be completed before the city will approve the Final Plat.
8. Curb cuts
The submitted plans show each house on Douglas Drive having a separate curb
cut. Because Douglas Drive is a county road, Hennepin County may deny curb
cut permits if they are not consistent with the county's access management
guidelines. The county's August 28 review letter states that they require
consolidation of driveways. Apart from the developer building a frontage road,
shared curb cuts seem to be the only way to meet the county's requirement. The
developer is attempting to convince the county to relax their requirement but this
is still a work in progress.
Now that the stormwater treatment issue has been resolved, we can say with
some confidence that the layout of the lots will not significantly change between
now and consideration of the Final Plat. For this reason, staff recommends
approval of the Preliminary Plat subject to a condition that the city will not
approve the Final Plat without an agreement from Hennepin County to allow the
curb cuts as shown or some modified version thereof acceptable to the county.
This must include confirmation from the county that they will not only sign off on
the final plat but also issue the curb cut permits to allow access to each lot.
9. Utilities
The city has verified the location of 10 water and sewer service pairs previously
installed along Douglas Drive. The developer will need to cut into Douglas Drive
to install new service pairs for any lots along Douglas in excess of 10. The two
lots accessed from 39th/Colorado would use existing water and sewer services
from the mains running in line with 39th Avenue.
Centerpoint Energy gas mains are located under Douglas Drive (for Lots 1-13)
and at the 39th/Colorado intersection (for Lots 14-15). The developer will need to
work with CPE to determine how to bring gas service to the houses. For
example, CPE may decide to install a feeder line west from 39th/Colorado to
Douglas then north along Douglas using the drainage & utility easement.
Private electrical and communication utilities are located on poles along Douglas
Drive. All services and feeder lines to the new houses shall be underground.
3908-3924 DOUGLAS DR - PLAT
PAGE 4 OF 5
10. Tree Preservation/Reforestation
The City Forester has determined that tree preservation is not practical except
for the largely undisturbed eastern edge of the site. The mature trees in the
middle of the site will not survive the grading and construction process.
Reforestation can occur as part of the landscaping for each individual house. For
example, the developer could require one shade tree and one ornamental tree in
both the front and rear yards of each new house. To that end, there would need
to be some sort of deed covenant so that each lot buyer is legally obligated to
plant and maintain the trees. They must be drafted in such a way as to survive
delivery of a deed from the developer to a builder, from the builder to the first
homeowner, and to subsequent homeowners.
11. Park Dedication
City code requires that the developer pay a fee in lieu of park dedication prior to
recording of the final plat. The fee is calculated at 2% of each lot's market value
as determined by the Hennepin County Assessor. Upon approval of the
Preliminary Plat but before the Final Plat is presented to the City Council, the
assessor will estimate the market value for each lot so the city can determine the
total amount of the park dedication fee required for the development. The fee
must be paid before the city will approve the Final Plat (although the city would
hold the check until the Final Plat is released for recording).
C. STAFF RECOMMENDATION
Staff recommends approval of the Preliminary Plat and submitted plans subject to the
following conditions which must be met before the city will approve the Final Plat:
1. Demolish the existing house at 3924 Douglas Dr (item B-4 above)
2. Resolve the encroachments with 3960-3960 Douglas Dr (item B-5 above)
3. Complete site grading as needed to prepare for development (item B-6 above)
4. Install and maintain erosion controls (item B-7 above)
5. Establish and maintain functional infiltration basins including vegetation and rip -rap
outlets (item B-7 above).
6. Provide deed restrictions to protect the stormwater treatment system including the
four infiltration basins (item B-7 above)
7. Resolve the curb cut issue with Hennepin County (item B-8 above)
8. Provide deed restrictions to ensure reforestation (item B-10 above)
9. Pay the park dedication fee (item B-11 above)
Planning Commission action is requested in the form of a recommendation to the City
Council. The motion should reference the findings and conditions 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 October 21.
3908-3924 DOUGLAS DR - PLAT
PAGE 5 OF 5
E?
"Gaulke Pond Homes"
Crystal, Minnesota
Proposed by:
RYAN EXCELSIOR PROPERTIES, LLC.
August 15, 2014
REQUEST
Ryan Excelsior Properties, LLC. is requesting approval to develop 15 Single Family
Homes on a 3.99 ± acre site. The property is proposed to be zoned R- 1, Low Density
Residential and guided for Low Density Residential.
SITE CONDITIONS
The property generally lies along the east side of Douglas Drive North at 39th Avenue
North. Currently the site is a combination of grass area, one existing home, and heavily
treed along the eastern border.
The site is proposed to be custom graded to take advantage of the natural topography and
to tie into adjacent land areas. The grading plan has been designed such that home
construction can take place individually without mass grading to minimize disturbance of
the natural amenities. The project proposes construction of three infiltration ponds which
will treat quality (NURP standards) of stormwater. These ponds will be designed to meet
City and Watershed requirements. These ponds will be constructed with minimal
disturbance to the natural environment and keep the majority of the existing tree stand
intact.
PROPOSED HOMES
The single family homes are all proposed to be custom built in general conformance to
the house type as shown on the proposed grading plan. This custom design will also
provide architectural diversity regarding color schemes, window sizes and types, and
other architectural features. The existing home on the site is proposed to be removed as it
does not fit within the proposed layout for this development.
ACCESS & TRAFFIC ISSUES
Vehicle access to and from the development will be directly from Douglas Drive North as
well as 2 of the homes accessing Colorado Avenue. Trip generation will be
approximately 10-11 trips per day for a typical single family home. The existing
roadway infrastructure is capable of handling this minimal number of trip traffic. The
EXHIBIT B
homes along Douglas Drive North will each have driveways onto Douglas Drive and the
two homes accessing Colorado Avenue will have a shared driveway.
UTILITIES
As it was anticipated that this property would develop into single family lots, existing
sewer and water services have already been constructed to the property as shown on the
plans for the majority of the lots. We are proposing to construct two additional services
to accommodate the current lot configuration.
DENSITY
The proposed density of this development is 3.75 units/acre gross. The average lot size is
11,086 s.f. which is well beyond the required minimum of 7,500 s.f. for this zoning. All
lots are conforming in size and setback.
BASIS FOR APPROVAL OF REQUEST
The intended use of the property is for a single-family detached subdivision comprised of
15 lots that range in size from 8,711 to 18,169 square feet and average 11,086 square feet.
As this is a conforming plat, without variances, we respectfully ask for approval.
We look forward to working with the Planning Commission and City Council and
completing the proposed project. We feel that it will be a great asset to the beautiful City
of Crystal and a great place for its residents.
DEVELOPER
ENGINEER
Ryan Excelsior Properties, LLC
Ryan Engineering
19655 Waterford PI
19655 Waterford PI
Excelsior, MN 55331
Excelsior, MN 55331
952-221-3700
952-221-3700
Hennepin County
Public Works
Transportation Department
lames N. Grube P.F., Director
1600 Prairie Drive
Medina, Minnesota 55340
August 28, 2014
Mr, John Sutter
City Planner/Assistant Community Development Director
City of Crystal
4141 Douglas Drive N.
Crystal, MN 55422
Re: Preliminary Plat — Gaulke Pond Homes
East Side of Douglas Drive (CSAH 102) at 39th Avenue
Hennepin County flat Review No. 3378
Dear Mr. Sutter:
Minnesota Statutes 505.02, 505.03, and 462.358, Plats and
county review of preliminary plats abutting county roads. A
Homes was received by Hennepin County on August 18, 2014
single-family homes.
612-596 0300, Phone
612-321-3410, Fax
ti�,v�jw.hennepiri.us/tra+)sportation
Surveys, allow up to 30 days for
preliminary plat for Gaulke Pond
The development is proposing 15
A previous concept plan for this development was reviewed by the county in July 2014. The
county provided comments to the developer on the proposed concept plan. The main issue was
the number of driveways proposed, which is considered unacceptable to the county. Upon
receipt of the preliminary plat, the county plat review committee examined and discussed the
proposed development on August 26, 2014. Based on our review, the following comments are
provided:
Access — Access for the proposed residontial units is primarily proposed on Douglas Drive
(CSAH 102). With the 15 units proposed, individual direct access is proposed onto Douglas
Drive for 13 homes, which would result in a new driveway every 65 feet (or. average). This is
inconsistent with the primary function of this minor arterial roadway: to provide mobility with
limited land access.
Consistent with our initial county review of this proposed development, the county believes that
there are other options that should be considered to consolidate access, such as combining
driveways (e.g, two lots per driveway) to access Douglas Drive. We realize that there are
currently numerous other driveways along this roadway. However, roadway safety studies have
shown a strong correlation between the number of access points and the crash rate along a
segment. No one driveway creates this issue, but rather it is the aggregate of driveways that
creates a problem. Therefore, file county will trot approve the proposal of one driveway per lot
as shown, but will require sante access management/consolidation of driveways.
I1 -;" L r, f V !"I -
EXHIBIT C
Gaulke Pond Homes
Plat Review No. 3378
Page 2
Right -of -Wiry — This section of Douglas Drive is currently a three -lane urban design. This
roadway is designated in the Hennepin County Bicycle System Plan as an existing on -road
facility. There is currently a designated shoulder area and five-foot sidewalks on both sides of the
roadway, immediately behind the curb.
The current half right of way for Douglas Drive along the property is 33 feet (centerline to
property line). The county's typical design section for this type of roadway with a five-foot
sidewalk and a six-foot boulevard area would require an additional five feet of half right of way.
Therefore, the county is recommending five additional feet to be dedicated to provide a
boulevard separation between the curb and sidewalk. The additional right of way could be
dedicated as highway right of way or trail/utility easement to provide flexibility with development
setbacks.
Permits — Please inform the developer that all proposed construction within county right-of-way
requires an approved Hennepin County permit prior to beginning construction. This includes, but
is not limited to driveway and street access, drainage and utility construction, trail development,
and landscaping. Permit questions can be directed to Steve Groen at (612) 596-0337 or
stevenxroenWiennepin. rrs.
Please contact Bob Byers (612) 596-0354, robert.byers aJierrjrel�irr.us or Carla Stueve (612) 596-0356,
carla.stueve�Jrennepina for any further discussion of these items.
Sincerely,
C
James N. Grube, P.E.
Director of Transportation and County Engineer
JNG/cjs
cc: Plat Review Committee
Mark Larsson, Hennepin County Survey Office
Tom Mathisen, City of Crystal
An Equal opportunity Employer
RecydedPoper
CCRYSTYS,
Gaulke Pond Homes
aI. Stormwater Treatment
FROM: Tom Mathisen, Public Works Director & City Engineer
TO: John Sutter, City Planner
DATE: October 1, 2014
RE: Stormwater Treatment Plan Approved for Gaulke Pond Homes
As you know, we met with the developer Perry Ryan on Thursday 9125 and received his
revised grading plan and calculations on Friday 9/26. 1 have reviewed these materials
and can now recommend approval of the proposed project.
There are two main components of stormwater treatment, the first is erosion control
during and post construction, the second is long term runoff control as it relates to
volume and water quality.
At this stage in the platting/planning process, erosion control is addressed to the extent
that the developer is put on notice of the requirements that will be put on the final
grading and erosion control construction plans once they are submitted for review. The
preliminary plans do not have all the fine details of the construction erosion control plan
but in general meet the requirements.
Regarding stormwater quantity and quality treatment, the proposed development is on a
4 acre site and is within the boundaries of the Shingle Creek Watershed Management
Organization (SCWMO). The threshold for watershed review for single family land uses
is 15 acres and larger. This means the project is subject to review by the City, but the
Crystal Local Surface Water Management Plan requires the City to review all projects
greater than or equal to one acre with the SCWMO water quantity and quality treatment
requirements in mind.
The existing site drainage splits along a north south line with approximately 64% of the
site draining to Gaulke Pond to the east, and the remaining 36% draining to Douglas
Drive to the west. The proposed site and grading plans show the front yard/driveway
32% of the project draining towards Douglas Drive, and the remaining rear yard 68%
draining to Gaulke Pond after passing through one of four proposed detention and
treatment ponds. These proposed ponds adequately treat the rear yard runoff for
quantity, sediment, and water quality control.
EXHIBIT D
But due to the significant elevation drop in a south to north direction, a total of 27 feet
(907 msl down to 880 msl), it is very difficult to control the drainage leaving the front
portion of the property because all driveways and front yards must drain away from the
structures/garages to prevent flooding and icing problems. The existing ground surface
is largely a "volunteer' turfed and mowed area. During heavy rainfall events there
would be erosion from this property draining both directly into Gaulke Pond and onto
Douglas Drive.
With the proposed development, the drainage to the east will be adequately controlled
and treated. While it will not be possible to capture the drainage to the west in any
effective sense, it will ultimately be of better quality than existing conditions. This is
because under current conditions there is soil erosion across all of the property. With
the development, much of the runoff will be from driveways and rooftops, which have
essentially no erosion possibility thus increasing the quality.
From a quantity point of view, there will be some increase in runoff rate and volume for
smaller frequency storm events such as the 2 and 3 year events. But these size events
do not create flooding issues in this part of the watershed because Gaulke Pond is the
low point of the entire Memory Pond watershed, and the discharge from this point is
controlled by a storm water pump station, that ultimately discharges to Twin Lakes to
the east. For larger sized events such as the 50 and 100 year storms, all surface areas
are contributing at pretty much the same rate because once even turfed soils are
saturated, the net runoff approximates that coming from a hard surface.
There is one other point to consider relating to water quality. Watershed requirements
for treating both volume and quality of runoff generally assume there will be new streets
as part of the development. These streets become source for salt, sediment, organic
matter, remnants of tire wear, and other contaminants. Thus, treatment requirements
look to preventing a deterioration of runoff water quality. In the case of this project,
there are no new streets to be salted or accumulate other kinds of contamination.
Based on review of the submitted documents, the proposed project meets the quality
and volume control requirements to the extent practical and economically feasible.
Respectfully,
Tom Mathisen
City Engineer/DPW
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1 �•
September 25, 2014
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www gystahnn. og_v
Susan Haigh, Chair
Metropolitan Council
390 Robert Street North
St Paul MN 55101-1805
Subject: City of Crystal comments regarding draft Housing Policy Plan
Dear Chair Haigh:
The City of Crystal has reviewed the draft Housing Policy Plan ("HPP") and offers the following
comments for consideration by Metropolitan Council ("the Council").
As the city discussed in its April 18, 2014 letter regarding Thrive MSP 2040, the city objects to
the Council's treatment of housing as if it were a regional system on par with transportation,
sewers and so forth. For good reason, the Land Planning Act does not include housing as a
regional system because it is predominantly privately -owned, in contrast to the statutory regional
systems which are public facilities. The Land Planning Act does not speak of density, only that a
city must provide adequate housing to meet the city's share of existing and projected needs.
Crystal is a fully developed community, and its housing is already predominantly affordable
when compared with regional averages. The Council is using high density as a proxy for
affordability, thus twisting an affordability requirement into a density mandate and exceeding its
statutory authority.
A more specific concern pertains to the proposed method of allocating affordable housing need
(pages 50-52 of the HPP). The proposed method would start with a fair share allocation of the
regional need, which is consistent with past practice; but then adjusts the fair share based on
three factors. No one knows or can predict what the result of this new method might be. This is
especially concerning given the problems with the rollout of the Council's 2040 forecasts in fall
2013 and the subsequent dramatic revisions of many of the forecasts. It would seem wise to give
the new method a try, see the results, and then do a reality check with the Council's local
government partners before considering adoption of the method as regional policy. But instead,
the public is expected to comment on a machine before anyone gets a chance to see it running.
Crystal is very concerned that, despite the lessons that should have been learned from the rollout
of the 2040 forecasts, the Council is considering the adoption of a broad, significant change in
regional policy without first doing a reality check.
Page I of 2
From a practical standpoint, density mandates may have a place in areas with abundant vacant
land, but not in communities that are already developed with existing homes and businesses. But
the HPP would require fully -developed cities to use their land use authority to preemptively
guide property for high density redevelopment to meet the Council -defined need, even when that
property is already developed with existing homes and businesses. The Council proposes a
minimum development density of 10 units/acre for Crystal, and during the comprehensive plan
review process the Council will expect the city to guide a certain number of acres in specific
locations for high density residential on the city's map of planned land use.
The practical problems with using this approach in fully developed communities have been
explained to Council staff on multiple occasions before, but to reiterate:
• Changes to the state's eminent domain laws in 2006 mean that, even if a city wants to make
redevelopment happen in a particular area, and designates it high density residential per the
Council's expectations, it cannot make a property owner sell to make way for redevelopment.
Most potential sites in Crystal are comprised of parcels with multiple owners, meaning that a
single holdout may stop a project even if all of the other owners want to sell. Right or wrong,
that is the legal reality.
• There is no way to know which potential redevelopment sites will actually end up being
redeveloped, yet the Council expects the city to designate specific sites to meet the Council's
need and density expectations. For example, if the city were to guide specific redevelopment
sites for high density residential to satisfy the Council's expectations, in reality it may end up
being different sites that actually end up getting redeveloped. There is no way to predict,
years in advance, which sites will have all of the planets align for redevelopment to occur.
Crystal's approach has been to designate potential redevelopment areas (23 in the current plan)
to guide developers and other interested parties to those parts of the city where market forces and
physical conditions provide fertile ground for redevelopment. The city would then amend the
land use map for specific sites as developers are able to assemble and secure sites. This is a
practical, reality -based approach that reflects the way redevelopment actually occurs in a fully
developed community.
Thank you for the opportunity to comment on the draft Housing Policy Plan. Please direct any
questions to City Planner John Sutter at (763) 531-1142 or 'ohn.sutter cr stalmn. ov.
Sincer.l ,
Anne orris
City nager
Cc: Mayor Jim Adams and Crystal City Council
Crystal Planning Commission
James Brimeyer, District 6 Representative, Metropolitan Council
Michael Larson, Sector Representative, Metropolitan Council staff
Page 2 of 2