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2013.05.13 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA Monday, May 13, 2013 at 7:00 p.m. Council Chambers, Crystal City Hall Commissioners, please call 763.531.1144 or email corinne.elfelt0a.crystaimn._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 7:00 p.m. with the followina members present: ❑ Commissioner (Ward 1) ❑ Commissioner (Ward 2) ❑ Commissioner (Ward 4) Sears [Vice Chair] Kolb Richter ❑ 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 April 8, 2013 regular meeting with the following exceptions: Motion carried. C. PUBLIC HEARINGS 1. Consider Application 2013-06: Lot Division at 6511 31St Avenue North to create two lots for new home construction at 6501 and 6505 31St Avenue North * Staff presented the following: GAPLANNING\Planning Commission\2013\05.13\agenda detailed.doc ragc c V1 L The following were heard: Planning Commission discussion: Moved by and seconded by to (recommend approval) (recommend denial) (continue consideration) of a lot division at 6511 31St Avenue North to create two lots for new home construction at 6501 and 6505 31St Avenue North. Motion carried. D. OLD BUSINESS 1. Discuss City Code Section 520 (Site & Building Plan Review) - item on hold until June 10, 2013 meeting E. GENERAL INFORMATION 1. City Council actions on previous Planning Commission items: - Adopted C-1 text amendment (effective date June 15, 2013) - Approved CUP for outdoor seating at 3545 Douglas Dr (Milton's) - Approved CUP for events center, on -sale liquor and outdoor seating at 4947 West Broadway (Eventure) (All actions were consistent with the Planning Commission recommendations) 2. Staff preview of likely agenda items for Monday, June 10, 2013 meeting F. OPEN FORUM G. ADJOURNMENT Moved by and seconded by to adjourn. Motion carried. The meeting adjourned at p.m. GAPLANNING\Planning Commission\2013\05.13\agenda detailed.doc 1:3 N A vuappluvCU nnutuiCs vi I rIaiuIII Ig v,vIIII II1631 11VIUQLii16-- ra�;c i vi v CRYSTAL PLANNING COMMISSION MINUTES Monday, April 8, 2013 at 7:00 p.m. Council Chambers, Crystal City Hall CALL TO ORDER The regular meeting of the Crystal Planning Commission convene:00 p. ith the following members present: X Commissioner (Ward 1) X Commissioner (Ward 2)om issio ( rd 4) Sears [Vice Chair] Kolb er X Commissioner (Ward 1) X Commissioner (Ward 3f_1 X C issio r (Ward 4) Heigel VonRueden [Chair] ohnso X Commissioner (Ward 2) X Commissioner ("'a_r% omm' ioner (At - Erickson Buck [Secretary e) Strand Also present was Council Liaison Casey PeajandSN ember John Sutter and Corinne Elfelt. SWEARING-IN CEREMONY FOR AEL MIRAB Chair VonRueden swore in al VonRueden. FWATEJEJ freATITATWOU Ik Moved by Commissioner minutes of the Fhwary Vice Chair Sears swore in Chair ands conded by Commissioner Heigel to approve the 3 regular meeting with no exceptions. Motion carried unanimously. id Application 2013-03: Zoning Ordinance text amendment for larger esses and outdoor sales and service in the C-1 Neighborhood Commercial Staff member John Sutter presented the staff report. Mr. Sutter answered questions from the commission: he explained the businesses listed under Conditional uses h). were from the C-2 zoning code; GAPLANNING\Planning Commission\2013\04.08\minutes.doc -tIr111. 11.. 111111-1-- -1 1 - 1 —11.1111b —111-1-1-11 ..1--. ... D 1 -Zb- _ _._ - Gross Floor Area is the footprint of the building; C-1 zoning is for businesses that are embedded in residential areas; therefore limited uses are permitted; Commission may want to eliminate the maximum square footage limitations. Chair VonRueden opened the Public Hearing. There being no testimony, Chair VonRueden closed the Public Hearing. Planning Commission discussion: Commissioner Heigel proposed the zoning change be tabled discussion. 40 Commissioner Kolb stated he would be in favor of eAh atin the re otage and percent repair limitations, and accept the otheres rQp Commissioner Richter stated he would be in f vor o etting o e maximum square footage and asked if the footprint st sa is the still a review of tha hi icinacc Sutter clarified for en food wagons would be allowed <NndoniOrdinance seconded by Commissioner Heigel to text amendment for larger ales and service in the C-1 Neighborhood Commercial pre footage and percent and repair limitations accept anges to the zoning code. Motion carried unanimously. Application 2013-04: Conditional Use Permit for outdoor food and ®service at 3545 Douglas Drive North (Milton's) John Sutter presented the staff report. Mr. Sutter answered questions from the commission about the soft separation being on a trial basis and explained the Police Department's hesitation with soft separation and they requested, at minimum, the issue be able to be brought back to the council for review should problems arise. Also questioned was whether Milton's Cafe could extend further into the sidewalk area than they are proposing. Mr. Sutter explained that, due to the slope, they would not be able to move the seating portion of the outside area off the concrete, however, the separation materials may be able to extend into the black top area. WPLANNINGTIanning Commission\2013\04.08\minutes.doc Chair VonRueden opened the Public Hearing. Phil Weber, owner/operator of Milton's Cafe, stated he has no desire to extend the seating onto the black top area of the sidewalk. Hearing no further discussion, Chair VonRueden closed the Public Hearing. Planning Commission discussion: Commissioner Johnson asked if other restaurants that have Crystal had soft barriers. Mr. Sutter stated Buffalo Wild Wiry always had hard separation largely due their havingfull 4 larger businesses than Milton's Cafe. Moved by Commissioner Strand and seconded recommend approval of a Conditional Use Pe service at 3545 Douglas Drive North (Milto Findings and Conditions included in the re Consider Application 2013 including on -sale liquor Broadway (Eventure) ng in being nd beverage fended Motion carried unanimously. rmit for an events center beverage service at 4947 West e staff report. com isioners Eventure's plan is to lease the entire ,es would still be permitted. However, limitations ete hours of operation so the property is not in use he Police Departments concern about noise similar events at the Community Center. dr ed Commissioner Kolb's question of why a conditional use ed by stating that all large gathering establishments require a nal use permit so issues such as additional traffic, on -sale liquor, and sting issues can be addressed. Co missioner Johnson asked if there was any public comment from the notice d if the tree line on the south side of the parking lot will serve as adequate buffer between the parking lot and the residential neighborhood. The city received no comments from the public and Mr. Sutter described the buffer as fairly substantial but needs to be maintained. Commissioners Sears and Richter inquired about hours of operation at Doyle's, across the street from the proposed events center. Mr. Sutter stated Doyle's operates under normal bar/restaurant hours and because of the smaller scale GAPLANNING\Planning Commission\2013\04.08\minutes.doc of the bar/restaurant portion of the business with a larger portion of the building used for bowling alley there have not been a significant number of issues. Commission Richter inquired if issues could arise when the events center portion of the building closes early, as proposed in the staff report, and the attendees move into the bar/restaurant portion of the building. Mr. Sutter stated if that happens and issues arise, the annual liquor licensing process has practical limitations in place. Commissioner Kolb stated he would rather see the applicant operate their business within the hours they requested, rath4 their hours. 10014, Chair VonRueden opened the Public Hearing. The applicant, Krystal Sedwick, addressed of the issues that were raised by the comm -the Nyte Out portion of the business possibly jazz bands on a week night, -the concern about doors being prop) building into the adjoining nei security officers for any grow ' ce alarms to doors on the south <a -the concern of havin church services, woU late night event t -late night par lot inside of the buil ng some inment for adults, urd3mery dinners, etc. oing noise to spill out of the o ddressed by the presence of ing applicants willingness to add 41 f the building. is*es wed by early morning events i.e. Othaving adequate staff on hand for the ise by the required close time. limited as the trash and laundry collection is noise absorbing fencing on the 5uld impose live music restrictions to lessen the noise control by simply requesting the volume be turned nts might include wine tasting/pairing, networking, m6Tfftations, etc nn would not require a license, it will be for children of parents that are We missioner Strand noted in her experience it is common for event centers to midnight closing hours not 1 or 2 a.m. Commissioner Strand expressed she would recommend hours of operation to close at midnight for the center other than the bar/restaurant. Commissioner Richter asked the applicant about the proposed 10 p.m. week night closing and what hours of operation would she like to see. Ms. Sedwick stated she would propose Sunday through Thursday, 11 or 11:30 closing with everyone out by Midnight and Friday and Saturday nights music stop by 1:00 and everyone out by 1:30 or 2:00 a.m. WPLANNING\Planning Comm ission\2013\04.08\minutes.doc uuappiuvcu rv1111ULV3 vi-r-o-cviJ riauuuig %,uuiiuiaaiuu iviccuug -- ragc j vi v Casey Peak addressed the commission stating the expanded hours of operation and the events center are consistent with recent discussions with the city council to increase the cultural experiences available to Crystal residents. Julie Deshler addressed the commission and expressed her concerns about children in the Kiddz Inn being released to parents without knowledge of how much liquor parents have consumed. The applicant acknowledged this is operationally an issue that staff would be extensively trained in derstands the impact any violation would have on her liquor licenses. Mr. Sutter reviewed the commission's recommendation conditional use permit: With the exception of the bar/restaurant, music stops, Midnight rooms cleared, 1: — Saturday 1:30 a.m. music stops, 2:0 staff off premises. If Police Department documents Sdoo tighter hours, as needed. Push bar alarms are to be add to north side of the building. Commissioner Johnson s operation because of theme r- 11:30 >es; Friday 00 a.m. I may impose er than those located on the age expanding the hours c n the residential neighbors. in support of the expanded hours. licant should not be penalized until there are he would like to see this approved with the �sted non -transferability of the conditional use permit which mmission and council to evaluate any new applicant who may the same type business. no further discussion, Chair VonRueden closed the Public Hearing. Moved by Commissioner Kolb and seconded by Commissioner Buck to recommend approval of a Conditional Use Permit for an events center including on -sale liquor and outdoor food and beverage service at 4947 West Broadway (Eventure). With the suggested Findings and Conditions outlined in the staff report with the following exceptions: With the exception of the bar/restaurant, hours Sunday — Thursday 11:30 p.m. music stops, Midnight rooms cleared, 1:00 a.m. staff off premises; Friday — Saturday 1:30 a.m. music stops, 2:00 a.m. rooms cleared; 3:00 a.m. staff off premises. GAPLANNING\Planning Comm ission\2013\04.08\minutes.doc E. F G. 2 City Council has the right to review the conditional use permit hours, etc. as guided by Police Department Non -transferability of the conditional use permit Push bar alarms are to be added to doors other than those located on the north side of the building to prevent propping of doors Motion carried 6/3 Sears, Heigel, Kolb, VonRueden, Buck andvoting Yea Erickson, Johnson a tran ting Nay NEW BUSINESS Discuss possible revisions to City Code Section 520 Staff suggested and the Commission agreed that would be the best approach. aview). re -write items: February 19, 2013: Avenue North (Rusty Q May 13, 2013 meeting - no meeting Ped for the commissions information. er Chair Paul Whitenack was provided to mmissioner Sears and seconded by Commissioner Erickson to adjourn. adjourned at 8:56 p.m. Motion carried unanimously. GAPLANNING\Planning Comm ission\2013\04.08\minutes.doc M E M O R A N D U M DATE: May 9, 2013 TO: Planning Commission (May 13, 2013 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director SUBJECT: Public Hearing (Application 2013-06): Consider a Lot Division at 6511 31St Avenue North to create two lots for new home construction at 6501 and 6505 31St Avenue North A. BACKGROUND The subject property, comprised of Lots 5 and 6, Block 3, Sunnyview Hills, contains 1.1 acres and is improved with a single family house, detached garage and other outbuildings. It is guided and zoned R-1 Low Density Residential. The applicant and property owner, Larry Emond, is requesting approval of a lot division to create two lots for new house construction, to be addressed as 6501 and 6505 31St Avenue North, in addition to a remainder lot for the existing house addressed as 6511. The owner intends to sell the two new house lots to an as -yet -undetermined builder who would prepare the sites and build the houses. Notice of the Planning Commission's May 13, 2013 public hearing was mailed to property owners within 350 feet and published in the Sun Post on May 2, 2013. No comments have been received to date. The following Exhibits are attached: A. Applicant's narrative B. 2012 aerial photo C. City utilities map D. Survey of existing conditions E. Survey showing proposed lot division B. STAFF COMMENTS The proposed parcels are as follows: Parcel A 6511 31 St 17,692 sq. ft. (0.41 acres) Parcel B 6505 31 St 12,768 sq. ft. (0.29 acres) Parcel C 6501 31St 17,493 sq. ft. (0.40 acres) 6511 31ST- LOT DIVISION (EMOND) PAGE 1 OF 3 Existing house Proposed new house TBD Proposed new house TBD The parcels would conform to the minimum lot dimensions required for the R-1 district: 60 feet wide, 100 feet deep and 7,500 sq. ft. area (all three must be met), except for the rear lot line of Parcel C (6501 31s) which is allowed to be less than 60 feet wide due to the curvature of the street. City water and sanitary sewer are available in the street right-of-way. - Parcel B (6505 31S) has an available water stub, but the owner will need to install a new sanitary sewer stub. - Parcel C (6501 31s) has an available sewer stub, but it was installed with the original sewer main in 1961 and the owner will almost certainly need to line or replace it to the main; the owner will also need to install a new water stub. Centerpoint Energy is located in the street right-of-way. Xcel, Comcast and Century Link are available along the rear lot line of all three parcels. All utility services for the new houses will be underground. The owner may choose to continue to serve the existing house on Parcel A (6511 31s) with overhead wires, provided that the existing pole in the middle of Parcel B (6505 31s) is relocated to a utility easement along the side lot line. Due to the presence of so many trees on the site, the owner has indicated that he may underground the existing house's services in any case. It is clear that the site will need some grading and tree removal to accommodate construction of the new houses. Also, the driveway for Parcel B (6505 31s) will likely need to cross the northerly corner of Parcel C (6501 31S) due to the steep slopes in the boulevard in front of Parcel B; this means that a driveway easement for Parcel B across Parcel C will need to be legally described and recorded. The owner will not be able to work out all of these details until he has selected a builder who will purchase the lots, and the location and style of the new houses are known. City code requires the payment of a park dedication fee prior to any subdivision which creates a new residential parcel. These fees go to help pay for capital improvements to the city's park system. Because the property was originally platted as two parcels and this proposal would create three parcels, there would be a net gain of one residential parcel and the fee is 2% of the market value. Based on the ratio of prevailing neighborhood values to lot prices elsewhere in Crystal, staff estimates that the lot price would be $65,000 resulting in a park dedication fee of $1,300. However, that market value estimate is for a ready-to-bui telot, and the owner may request a downward adjustment to account for costs such as grading and water/sewer stubs needed to make the new lot similarly buildable to the lots actually sold elsewhere in the city. This would be negotiated later once those costs can be estimated, and ultimately the Hennepin County Assessor will determine the market value of the property for the purposes of calculating the park dedication fee. The builder will need to pay a sewer availability charge, which is a one-time fee to pay for sewage treatment plant capacity for any new users in the metro area. The current SAC fee for a single family house is $2,365. The city is required to collect this fee upon issuance of the building permit and pass the funds along to Metropolitan Council. 6511 31ST- LOT DIVISION (EMOND) PAGE 2OF3 C. REQUESTED ACTION Staff recommends approval of the proposed lot division, subject to the following conditions: 1. The new houses at 6505 and 6501 31St shall be served by underground utility lines. 2. The existing utility pole on Parcel B (6505 31s) shall either be removed or relocated to the utility and drainage easement along the side lot line. 3. For the city to record the lot division resolution, the following items shall be completed: a. Detailed grading, utility and stormwater management plan submitted for city staff review and approval to ensure compliance with city code; and b. Executed driveway easement to be recorded immediately after the lot split resolution is recorded; and c. Park dedication fee paid to the city calculated at 2% of the Hennepin County Assessor's estimated market value for the net new lot Planning Commission action is requested in the form of a recommendation to the City Council. 6511 31ST- LOT DIVISION (EMOND) PAGE 3 OF 3 Narrative describing lot split at 6511 31St Ave N This is a beautiful wooded lot. It deserves to be enjoyed by more families. I am hoping to build 2 energy efficient houses on the two vacant lots resulting from the split. I hope to have limited hard surfaces by having a common driveway. I am planning on a rain garden that will reduce the runoff from the property. I plan to keep the mature oak and maple trees and fully eradicate the buckthorn trees. 0 CIE� I T 0 ADVANCE SURVEYING & ENGINEERING CO. 39POfi Nwy. Na IDI iBmNmlwbN5f315 PhmelP52/kNN64 Pa(�T15 tYR R'WW.ADYSUR.GUM SURV pICLARRY EMONOI T®:Nm�bx,Ppti DRAPI4R,.Nv�brRP,i0i1 wal- IIiOa, tlmepto CumtY. M1f®txb. cae�nl>Dtagt La[b. CmWu)l,9P9p.3 BCOPH OP YIOxA t tIIATAPP�; V�'INsamedomkgtl Jeevipko. The acmwrku Jones '�sma��®wm�lw aa.crtt. tN �. 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