2014.11.10 PC Meeting PacketPagel of 3
CRYSTAL PLANNING COMMISSION
DETAILED AGENDA
Monday, November 10, 2014 at 7:00 p.m.
Council Chambers, Crystal City Hall
Commissioners, please call 763.531.1142 or
email john.sutter(a�crystalmn.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
tha fniinwinn mamharc nracPnt-
❑ 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 October 13, 2014 regular meeting with the following exceptions:
Motion carried.
C. PUBLIC HEARINGS
1. Consider Application 2014-9 for a conditional use permit for custom
manufacturing at 5249 Douglas Drive North (Borja Dental). *
Staff presented the following:
GAPLANNING\Planning Commission\2014\11.10\agenda detailed.doc
Page 2 of 3
The following were heard:
Planning Commission discussion:
Moved by and seconded by to
(recommend approval) (recommend denial) (continue consideration) of
Application 2014-9 for a conditional use permit for custom manufacturing at 5249
Douglas Drive North (Borja Dental).
Motion carried.
2. Consider Application 2014-10 for a roof height variance to allow expansion of a
nonconforming garage at 6602 59th Avenue North. *
Staff presented the following:
The following were heard:
Planning Commission discussion:
GAPLANNING\Planning Commission\2014\11.10\agenda detailed.doc
Page 3 of 3
Moved by and seconded by to
(recommend approval) (recommend denial) (continue consideration) of
Application 2014-10 for a roof height variance to allow expansion of a
nonconforming garage at 6602 59t" Avenue North.
Motion carried.
D. GENERAL INFORMATION
City Council actions on October 21 regarding previous Planning Commission items:
• Approved a conditional use permit for outdoor food and beverage service at 5592
West Broadway (Noodles & Company)
• Approved the Preliminary Plat of Gaulke Pond Homes on property located at
3908 and 3924 Douglas Drive North
2. City letter to Hennepin County regarding curb cuts for Gaulke Pond Homes, and the
county's response *
3. Canadian Pacific Railroad letter and maps regarding Positive Train Control tower
installation *
4. Staff preview of likely agenda items for Monday, December 8, 2014 meeting
5. Meeting Calendar and Application Due Dates for 2015 *
E. OPEN FORUM
F. ADJOURNMENT
Moved by and seconded by to adjourn.
Motion carried.
The meeting adjourned at p.m.
GAPLANNING\Planning Commission\2014\11.10\agenda detailed.doc
Unapproved Minutes of October 13, 2014 Planning Commission Meeting
Page 1 of 4
CRYSTAL PLANNING COMMISSION MINUTES
Monday, October 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
followina members present:
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
X Commissioner (Ward 2)
X Commissioner (Ward 3)
El Commissioner (At -Large)
Erickson
Buck [Secretary]
Strand
Also present were staff members John Sutter and Gail Van Krevelen.
B. APPROVAL OF MINUTES
Moved by Commissioner Sears and seconded by Commissioner Heigel to approve the
minutes of the September 8, 2014 regular meeting with no 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)
City Planner John Sutter said that Noodles & Company will be located at the
Crystal Gallery Mall at the SE corner of Broadway and Bass Lake Road. There
is a 6,000 square foot pad building currently under construction and the patio
would be on the east side of that building.
When this entire project was approved, it included the pad building along with
"de-malling" the existing shopping center and redoing the parking lot. The patio
was anticipated as a small part of that project. Noodles has submitted a liquor
license application and a proposal for outdoor food and beverage service for the
patio.
The Noodles restaurant would take up approximately 40% of the east side of the
pad building, and the patio would be 500 square feet with 22 seats. The patio is
proposed to be gated, similar to the patio Chipotle has.
Brian Jung, architect for Noodles & Company, said he was available for any
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Unapproved Minutes of October 13, 2014 Planning Commission Meeting
Page 2 of 4
questions or concerns the commissioners may have.
Moved by Commissioner Kolb and seconded by Commissioner Sears to
recommend approval of Application 2014-8 for a conditional use permit for
outdoor food and beverage service at 5592 West Broadway (Noodles &
Company).
Motion carried.
D. OLD 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.)
City Planner John Sutter said this is a 4 -acre site on the east side of Douglas.
The developer submitted an application to re -plat the land into 15 single family
home lots, 13 with frontage on Douglas Drive and two with frontage on 39th and
Colorado. Initially there were a number of issues, most were minor issues that
have or can be resolved, along with two major issues, storm water treatment and
curb cuts.
Mr. Sutter stated that Hennepin County has jurisdiction over permitting curb cuts
and review authority on the plat itself. If it is not satisfactory, they could refuse to
sign the final plat so staff felt it best to resolve the issue sooner rather than later.
Both staff and the developer have asked them to reconsider their position about
not allowing individual curb cuts, but no decision has been made at this point.
He also indicated that the storm water treatment issue has now been
satisfactorily resolved and staff feels that the layout of the development will not
change and the curb cut issue and the minor issues can be resolved between
now and the time the final plat is brought before council.
The developer has revised the storm water treatment plan to enlarge the
infiltration basin in lot 10 and add a fourth basin. Also, by moving the breakpoint
slightly to west, more runoff will now go to east and be picked up by one of the
infiltration basins, then overflow into Gaulke pond. This plan does meet city
requirements since the net amount of runoff going to Douglas Drive will be
reduced.
Mr. Sutter also stated that the city has identified 9 conditions for approval of the
final plat as listed on the staff report. It is unknown how quickly and in what order
the lots will sell, so the entire site needs to be graded and the storm water
treatment functional before the final plat will be approved.
The following were heard:
Janet Reusch, 6500 40th Ave N, spoke to the commission about her concerns
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Unapproved Minutes of October 13, 2014 Planning Commission Meeting
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about the impact on the wildlife in the area and wondering if some of the old oak
trees could be saved. She was advised that it was likely the oak trees would
need to be removed based on the number of new homes planned for the site but
reforestation will be required.
Commissioner Sears questioned whether it would be feasible to shift the
proposed houses a little closer to Douglas Drive so less storm water would be
directed to Douglas Drive. Mr. Sutter said that could be addressed if the
developer chose to do that, but that there might be a negative impact on the lots
by placing the houses closer to Douglas Dr.
Commissioner Kolb asked what the infiltration basin would look like and who
would own it. Mr. Sutter said that the basin would be owned by each of the
respective homeowners, but the city would require some type of deed restriction
that survives the transfer of property so the basin would remain functional. The
vegetation in the basin would likely not be grass but some type of plant mix that
survives that type of environment.
Perry Ryan, Ryan Excelsior Properties, spoke to the commission and said that
those types of basins generally are not mowed; they place a mix of plants that
accept or absorb water and 18" of sand.
Commissioner Erickson wanted to know what the timeline was and what the
residents in that area could expect to undergo and what the disruption would be
to the community.
Mr. Sutter said if the preliminary plat is approved, the developer can continue to
work on the outstanding issues, and once those are resolved they can submit the
final plat to the city council for approval. Once the final plat is recorded, the
developer can start selling the lots.
Mr. Ryan said they may grade the week after the council meeting, but because
it's getting late into season it may not make sense. The construction process is
really a 6-8 week process, but there's not a lot of infrastructure work to be done.
He also explained that they are leaving the majority of the tree line, and only plan
to remove just what is necessary to get the grading done.
When asked about the status of the curb cuts with Hennepin County, Mr. Ryan
indicated that they are still in discussion with the county, but are confident they
can work it out.
The Planning Commission agreed to send a letter to Hennepin County indicating
their approval of the individual curb cuts.
Moved by Commissioner Sears and seconded by Commissioner Buck to
recommend approval of Application 2014-7 for the plat of Gaulke Pond Homes
on property located at 3924 and 3908 Douglas Drive North following staff
recommendations and authorizing a letter be sent to Hennepin County regarding
the curb cuts.
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Unapproved Minutes of October 13, 2014 Planning Commission Meeting
Page 4 of 4
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
Mr. Sutter indicated there was nothing he was aware of at this time.
3. Quarterly Development Status Report *
4. September 25 comment letter to Metropolitan Council regarding the draft
Housing Policy Plan *
F. OPEN FORUM
No one spoke before the commission.
G. ADJOURNMENT
Moved by Commissioner Heigel and seconded by Commissioner Erickson to adjourn.
Motion carried.
The meeting adjourned at 7:45 p.m.
GAPLANNING\Ptanning Commission\2014\1 0. 13\unapproved minutes.doc
M E M O R A N D U M
DATE: November 4, 2014
TO: Planning Commission (November 10, 2014 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director
SUBJECT: Public Hearing: Application 2014-9 for a conditional use permit for custom
manufacturing at 5249 Douglas Drive North (Borja Dental)
A. BACKGROUND
The subject property contains 7,407 sq. ft. with a 775 sq. ft. commercial building
previously used as a barber shop and real estate office. It is zoned C-2 General
Commercial and adjacent properties are zoned C-2 or R-1 Low Density Residential.
Edgar Borja d/b/a Borja Dental (contract for deed purchaser) and Crystal Barbers
(seller) have applied for a conditional use permit ("CUP") for custom manufacturing of
dental prostheses, crowns, bridges and so forth. Notice of the Planning Commission's
November 10 public hearing was mailed to property owners within 350 feet and
published in the Sun Post on October 30. No comments have been received.
The following Exhibits are attached:
A. 2012 aerial photo
B. Applicant's narrative
B. STAFF COMMENTS
The conditional use permit requirements for custom manufacturing in the C-2 district
and recommended findings are itemized below:
1) Such use does not exceed 2,500 sq. ft. of gross floor area and is not open
before 6:00 a.m. or after 9:00 p.m.
Findings: The building has only 775 sq. ft. and the business would operate
from 7:00 a.m. to 5:00 p.m.
2) Such use shall be considered an office use for the purpose of calculating parking
requirements under this code.
Findings: The minimum off-street parking requirement is 7 spaces and the
property has 12 spaces.
5249 DOUGLAS DR - BORJA DENTAL - CUSTOM MANUFACTURING
PAGE 1 OF 2
3) Such use will not generate commercial vehicle traffic including tractor -trailers or
other heavy vehicles in excess of what is typical for a retail use of comparable
size in a comparable location.
Findings: The applicant has stated that the largest vehicles making
deliveries to and from the property would be USPS, UPS, FedEx or other
similar local delivery trucks, not tractor -trailers.
Condition: All delivery activity must occur on the subject property, not in
the Douglas Drive right-of-way, other public street right-of-way, or on
others' private property without their permission.
4) The city council finds that such use will not conflict with the character of
development intended for this zoning district.
Findings: The use will occur within an existing commercial building so no
impact on the character of the area is anticipated.
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, complimentary to adjacent
commercial uses, and without negative impacts on the surrounding area.
Section 520 (Site Plan Review)
Findings: Site improvements are in place and no changes are proposed.
C. STAFF RECOMMENDATION
Approve a conditional use permit for custom manufacturing at 5249 Douglas Drive
North (Borja Dental).
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 November 18.
5249 DOUGLAS DR - BORJA DENTAL - CUSTOM MANUFACTURING
PAGE 2OF2
9
Type of use ..
BORJA DENTAL STUDIO
.................. Dental Laboratory.
Operating Hours...................................Monday - Friday from 7am -Spm
Project Description...
1. -Constructs prostheses ,crowns and bridge wich are caps for teeth that are designed to restore
their originals size and shape by following the Dentis prescription making models of the mouth
and teet from impression ( molds ) of the patients mouth taken by the Dentis .
2-.Venners that enhance the esthetics and function of a patient.using CAD/CAM
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M E M O R A N D U M
DATE: November 4, 2014
TO: Planning Commission (November 10, 2014 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director
SUBJECT: Public Hearing: Application 2014-10 for a roof height variance to allow
expansion of a nonconforming garage at 6602 59t Avenue North
A. BACKGROUND
The subject property contains 8,770 sq. ft. with a house built in 1954 and a 19 foot high
detached garage built in 1997. The property and adjacent properties are zoned R-1 Low
Density Residential.
When built the garage complied with the maximum 15 foot height for accessory
structures because building height was calculated as the average between the eave
and the peak of the roof. In 2004 the code changed so that height was measured at
the peak of the roof. At that point the garage became lawfully nonconforming which
means that it cannot be expanded without a variance.
Teruko Larson (applicant and owner) seeks a variance to build an addition onto the
back of the garage with the same roof height and design as the existing garage. Notice
of the Planning Commission's November 10 public hearing was mailed to property
owners within 350 feet and published in the Sun Post on October 30. No comments
have been received.
The following Exhibits are attached:
A. 2012 aerial photo
B. Site sketch and garage plans
C. Applicant's narrative
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.
6602 59TH AVE N - GARAGE HEIGHT VARIANCE
PAGE 1 OF 2
*In 2011 state law was changed to replace the `undue hardship' criteria for
variances with much easier -to -meet `practical difficulty' criteria.
The requested variance meets all three criteria in the statute:
Construction of an addition in the same form and manner as the existing lawfully
nonconforming garage is a reasonable use of the property, provided that the upper
level of the garage continues to be used only for storage.
2. The property has unique circumstances due to the construction of the existing
garage in compliance with code followed by a change in code which made the
garage lawfully nonconforming.
3. The proposed use would not alter the essential character of the locality because it is
an addition to an existing, lawfully nonconforming building.
Approval is recommended based on these findings of fact.
C. STAFF RECOMMENDATION
Approve the requested variance to allow a 19 foot high detached garage on the subject
property subject to the following condition of approval:
• The upper level of the garage shall continue to be used only for storage.
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 November 18.
6602 59T" AVE N - GARAGE HEIGHT VARIANCE
PAGE 2 OF 2
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- 4x8 Concrete Block
- 5" Concrete Slab
- Rebar 24" OC Grid Pattern
- Anchor Bolts every 6'
To whom it may concern,
I have been asked to write to you explaining the need to extend the already existing 2 -story garage and
keeping it the 18Sfeet throughout. The purpose of building it to exact dimensions is as follows:
• An abundance of gardening equipment — both large and small, light weight and heavy.
• Space is needed to house this equipment and, because some of it is sensitive to temperature,
heat is being added to the bottom floor and storage on top will be designated to the non -
sensitive equipment.
• An additional car (17.23 ft. in length) will be stored in the new addition and an 8 ft door is being
added to:
o Keep the heat in the new addition only
o Match the existing door in order to allow for taller vehicles to enter.
• Same height needed in order to have one continuous walking path from one side of the 2"d floor
to the other. Without it, both sides will need stairs to get up to the top floor taking up space
and not allowing parking of 4 vehicles (future use).
• Aesthetics are important for continuity (and not looking like an afterthought).
Thank you for your time and understanding,
.......
Teruko S. Larson
6602 591h Avenue North
Crystal, MN 55428
763-438-2323
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October 21, 2014
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.ctystalinn.gov
James M. Grube, P.E.
Director of Transportation
Hennepin County
1600 Prairie Drive
Medina MN 55340
Subject: CSAH 102 Driveway Access for Gaulke Pond Homes
Thank you for the county's comments regarding the plat of Gaulke Pond Homes on land located
at 3908-3924 Douglas Drive North (CSAH 102). The purpose of this letter is to request that
Hennepin County permit each of the 13 new houses with frontage on Douglas to have separate
curb cuts.
The Crystal Planning Commission discussed this matter in depth at its September 8 and October
13 meetings, as did the Crystal City Council at its October 21 meeting. It is the opinion of the
Commission and Council that separate curb cuts are justified in this particular case for the
following reasons:
1. The entire length of this roadway through Crystal provides access to single family homes
in the same manner as the proposed development. While we understand the county's
reasons for access control in the abstract, in this particular case we do not see how 13
additional curb cuts on a road that already has approximately 200 of them would
significantly advance the county's goals.
2. While Douglas Drive is part of the county road system, in terms of its appearance,
operations and "feel" it is more like a city street than a classic county road. People drive
it with the expectation that cars will be backing out of driveways or slowing to turn into
driveways. The proposed development would be a good fit within the present context
which was established many decades ago.
PAGE 1 OF 2
3. The site does not have adequate depth to install access streets extending east from
Douglas Drive. Therefore direct access to the roadway is necessary for the 13 lots
fronting on Douglas Drive.
4. Combined curb cuts are not physically feasible due to the significant south -to -north slope
of Douglas Drive. Even if combined curb cuts were feasible, the number of access points
would only be reduced from 13 to 7.
In summary, it is the city's opinion that an exception to the county's access management policy
is justified in this particular case. If you have questions, please contact City Planner John Sutter
at 763.531.1142 or.john.sutter@crystalmn.gov.
Thank you for considering the city's comments on this matter.
Sincerely,
;-)40-
im Adams
Mayor
Richard VonRueden
Chair, Planning Commission
Cc: Mark Larson, Hennepin County Survey Office
Carla Stueve, Carla. Stueve@hennepin.us
Bob Byers, Robert.Byers@hennepin.us
PAGE 2 OF 2
Hennepin County Public Works
Transportation Department Phone: 612-596-0300
Public Works Facility FAX: 612-321-3410
1600 Prairie Drive Web: www.co.hennepin.mn.us
Medina, MN 55340-5421
Jim Adams, Mayor
City of Crystal
4141 Douglas Drive North
Crystal, Minnesota 55422-1696
Mayor Adams:
October 30, 2014
RE: Gaulke Pond Homes
Douglas Drive (CSAH-102) driveway accesses
This letter is in response to your correspondence dated October 21, 2014 requesting reconsideration of
our stance regarding our desire to limit the number of driveways on Douglas Drive for the proposed
Gaulke Pond Homes development.
After reviewing your letter, and discussing the situation with my staff, I believe that an exception to
our access spacing guidelines is appropriate for many of the reasons identified by the Crystal Planning
Commission and City Council. In summarizing the city's thoughts, your letter laid out reasonable
justification for not strictly adhering to our policies in this particular case.
As they reviewed the plat, our Plat Review Committee struggled with the trade-offs associated with
adding the new driveways. However, as noted in your letter, at best we could probably reduce the
number of driveways from 13 to 7. This level of reduction probably would not significantly change
the overall situation along Douglas Drive which already has numerous driveways. Our recent
reconfiguration of Douglas Drive from a 4 -lane undivided roadway to a 3 -lane has helped to mitigate
the vehicle conflicts associated with the existing driveways, and the traffic operations appears to be
working well.
In summary, we have reconsidered our previous recommendations, and are willing to allow the
driveways as originally proposed for the development. If there are any questions, you or your staff can
contact Bob Byers (612) 596-0354 in our Transportation Planning Division, or Steve Groen (612) 596-
0337 in our Permits Office.
Sincerely,
James N. Grube, P.E.
Director of Transportation and County Engineer
cc: Richard Von Rueden, Chair, Crystal Planning Commission
John Sutter, Crystal City Planner
Bob Byers & Carla Stueve, Transportation Planning
Steve Groen, Permits
Mark Larsen, Hennepin County Survey Office
An Equal Opportunity Employer
Communications & Community Connect �� +
Public Affairs 1 SQo 766 7912
cornmunity_connect@cpr. a GLI
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10/13/2014
Mayor and Council TCNS# 118561
4141 Douglas Dr. N.
Crystal, MN 55422
Re: CP Positive Train Control Infrastructure in Your Community
Dear Mayor and members of Council;
Canadian Pacific (CP) would like to inform you that in preparation for the implementation of Positive Train
Control (PTC), within the right-of-way (ROW) along the CP Paynesville Subdivision, we will be installing 11
antenna poles within Hennepin County. As further described in the PTC Program Comment issued by the
Advisory Council on Historical Preservations (ACNP) on May 16, 2014, we are currently in the 30 day review
period for these antenna poles and welcome your input.
Positive Train Control (PTC) is a project mandated by the US Congress to enhance train safety and is being
implemented by�all Class 1 railroads. PTC technology allows trains to receive information about its location and
where it is allowed to safely travel, also known as movement authorities. Equipment on board the train then
enforces this, preventing unsafe movement.
As part of this project, CP will be installing PTC antenna poles within CP ROW through Crystal, Minnesota.
These poles will be a free standing monopole structure which is either 40' or 60' tall depending on the specific
requirements of the site. The pole will be anchored onto a pre -cast concrete base which has been installed in the
ground using a backhoe. These poles will be located in the immediate vicinity of existing CP infrastructure
including train control signals, switch stands and metal electronics bungalows. We have included a picture of a
typical installation for your reference.
In addition, as required by the National Historic Preservation Act, CP will be publishing a Public Notice in The Star
Tribune inviting the members of your community to submit comments as to how these PTC poles may adversely
affect Historic Properties. If you have any comments regarding how these poles may impact historic properties,
or any other general concerns with CP, please call me at (605) 782-1123 or email meat herb iones@cpr.ca.
Sincerely;
Herb M. Jones
Director, State & Local Government Affairs
CP
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LEGEND
PTC Tower Location
Historical Property (NRHP) Township 118 North
County Boundary Range 21 West
Section 009
USGS 24k Topo Map Boundary
REFERENCE
Source: USGS 24 Topographic basemap.
Projection: WGS 1984 Web_Mercator_Auxiliary_Sphere
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LEGEND �.��
PTC Tower Location
Historical Property (NRHP)
County Boundary
USGS 24k Topo Map Boundary
REFERENCE
Source: USGS 24 Topographic basemap.
Projection: WGS_1984_Web_Mercator AuxiliarySphere
Township 118 North
Range 21 West
Section 008
PROJECT
CP PTC Tower Locations
TITLE PAYN00718.PTC
USGS 24k Topographic Map
Hennepin County, MN
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