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2005.07.11 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY July 11, 2005 7:00 p.m. Crystal City Hall - Council Chambers 4141 Douglas Dr N A. CALL TO ORDER B. APPROVAL OF MINUTES ■ June 13, 2005 regular meeting* C. PUBLIC HEARINGS 1. Consider Application 2005-09 for a Conditional Use Permit to allow outdoor storage as part of a proposed landscaping business at 3231 Nevada Avenue North and 7331 33rd Avenue North.* 2. Consider Application 2005-10 for a Variance to allow an angled transition taper in the 38th Avenue right-of-way for access to a lawful nonconforming driveway at 3732 Xenia Avenue North.* D. OLD BUSINESS E. NEW BUSINES S F. GENERAL INFORMATION 1. Development Status Report for quarter ending June 30, 2005.* 2. City Council actions on recent Planning Commission items.* 3. Staff preview of likely agenda items for August 8, 2005 meeting. G. OPEN FORUM H. ADJOURNMENT *Items for which supporting material will be included in the meeting packet. CRYSTAL PLANNING COMMISSION June 13, 2005 A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Sears, Davis, Nystrom, Whitenack, VonRueden, Krueger, Hester, Atkinson, and Strand. Also present were the following: Planner Sutter and Recording Secretary Matthews. Absent was City Council Liaison Bowman. B. APPROVAL OF MINUTES Moved by Commissioner Kruger and seconded by Commissioner Nystrom to approve the minutes of the May 9, 2005 regular meeting and work session. Motion carried. C. PUBLIC HEARINGS 1. Consider Application 2005-04 for a Variance at 6118 391h Avenue North to allow a second curb cut for an existing driveway. Planner Sutter summarized the staff report and stated that staff recommends approval including the findings of fact and conditions found in the staff report. Commissioner Kruger asked if the driveway would be hard surfaced. Planner Sutter confirmed that yes it would be required, at this time unless council directs us to defer it. Public Hearing opened. No one spoke. Public Hearing closed. Commissioner Sears stated that if driveway is deferred, the city would be faced with the same issue later. Planner Sutter explained that staff would require the driveway to be hard surfaced by the end of the year, unless Council directs staff to do otherwise. Staff would then suggest requiring an escrow deposit so it is guaranteed this gets done when occupancy changes. Commissioner Kruger asked how far back does the concrete go on the curb cut. Planner Sutter clarified that an apron would not be put back in, just a curb cut will be installed. Commissioner Whitenack asked about the curb cut on the corner by the farm area. Also, what if the garage at 6118 39th is not used in the same manner as the current owner does. Planner Sutter stated that if the driveway for the second curb cut at 6118 39th is deferred the city would have to deal with whatever happens in the future. Next, Planner Sutter stated the second the curb cut by the farm area was installed by error, and is in the process of being closed during the Phase 7 Street project. Chair Davis asked for clarification on the two issues. Planner Sutter explained in detail about the second curb cut and the code enforcement issue of the driveway that is not hard surfaced. Commissioner Strand asked how common is it to defer, and stated that it is her opinion that a driveway should be hard surfaced. Planner Sutter stated that staff agrees and staff's preference is that it gets hard surfaced this year, but deferment does not make this requirement go away. Chair Davis questioned whether the deferment is before the Planning Commission or the City Council. Planner Sutter clarified that the Commission could recommend it to the City Council. Commissioner Nystrom state from she t edoesn't like the owner that they act of can't can do it possible deferment unless the Commission hears the end of the year. Jon Dolence, owner of 6118 39th Avenue North stated that he puts antiques and street rods in that garage, and only uses it for a few months during the summer. He didn't put a driveway in because he didn't want his yard to be all cement and cause erosion or drainage issues. Commissioner Nystrom asked if a hard surface requirement was imposed would he abide by it. D once stated that yes he would follow it, but he would ask the Cou Commissioner Kruger asked if we pass this, can we asfor °on does not recommendation have to for a hard surface. Planner Sutter stated that yes the silent on the hard surface requirement. Planner Sutter suggested that the commission could put their opinion in the motion so City Council could hear the Commission's intentions. Chair Davis stated he doesn't think this should be put off any longer, and that the time to do it is now. Commissioner Sears commented that he concurred with Chair Davis's statement. Moved by Commissioner VonRueden and seconded by Commissioner Whitenack to recommend to the City Council a sep arove nd curblcut for anication OeOxisOting driveway ce at 6118 39th Avenue North to allo Finding of facts and conditions of approval are as noted in staff report. Making note that the Planning Commission is aware of the requirement for a hard surface driveway. Motion carried. 2. Consider Application 2005-05 for a Variance at 3800 Yates Avenue North to allow a second curb cut for an existing driveway. Planner Sutter summarized the staff report. Planner Sutter stated that this is a similar item to the previous item, and staff is going to request of the City Council to refund the variance fees based on the fact that the City's street project triggered the need for them. Staff felt that the commission should be aware of this but it should not impact their decisions in any way. Public Hearing opened. No one spoke. Public Hearing closed. Moved by Commissioner VonRueden and seconded by Commissioner Hester to recommend to the City Council to approve Application 2005-05 for a Variance at 3800 Yates Avenue North to allow a second curb cut for an existing driveway. Finding of facts and conditions of approval are as noted in staff report. Motion carried. 3. Consider Application 2005-06 for a Variance at 4031 Adair Avenue North to allow a second curb cut for an existing driveway and the other curb cut to be 26 feet wide. Planner Sutter summarized the staff report. Planner Sutter continued to give a brief overview of the property and this particular situation. Planner Sutter showed a site plan from the owner and photos of the property. Staff is recommending approval for the second (south) curb cut, but there is no justification to grant the 26' width request from the property owner. The property can be reasonably accessed with the maximum curb cut of 22'. Commissioner Kruger asked how wide is the north curb cut now. Planner Sutter stated that it is currently 12' wide at the property line and flairs out as it goes back to the garage. Commissioner Kruger asked if code allows you to have 22' instead of the 26'that is being asked. Planner Sutter clarified that the maximum width allowed by the current code is 22', but the owner is asking for 26', this over the maximum allowed by the code. Commissioner Whitenack stated that it seems as though the owner is asking for a wider combined curb width like 4029 Adair, could you clarify this. Planner Sutter stated that a shared curb cut is 32' and if two property owners concur, they can come to the city and asked for a shared curb cut. Discussion continued for clarification amongst the commission members and Planner Sutter. Public Hearing Opened. No one spoke. Public Hearing closed. Moved by Commissioner Davis and seconded by Commissioner Whitenack to recommend to the City Council to approve Application 2005-06 for a Variance at 4031 Adair Avenue North to allow a second curb cut for an existing driveway, and to deny the application to expand the driveway width from 22 to 26' of an existing driveway. Motion carried with 7-2 with Davis, Nystrom, Whitenack, VonRueden, Hester, Atkinson and Strand voting aye, and Sears and Kruger voting nay. Commissioner Atkinson left the meeting at this point. 4. Consider Application 2005-07 for a Variance at 4955 Quail Avenue North to reduce the front and rear setback requirements to match the location of the existing house. Planner Sutter summarized the staff report. Planner Sutter stated that this is another unique situation. The City created the hardship by putting the lot lines where they are today. Staff recommends approval based on the fact that the city created the hardship not once but twice as the property was subdivided over the years. Commissioner Kruger asked if they would be moving it closer to the road. Planner Sutter clarified that this variance moves the setback lines to match the existing house's closest approach to the property lines. Commissioner Kruger asked if they are going to move the building. Planner Sutter stated that is not what the owner is requesting at this time. However, the variance would run with the property and the house could be expanded in the future. Commissioner Whitenack asked if there was a F.A.R.(Floor-to-Area Ratio) or other limitations that could be applied to this property to keep a out of proportion building from being put there. Planner Sutter stated there is no F.A.R. for single family homes in the code. It might not be legal to put conditions on a property of what could possibly be built in the future. Discussion continued amongst Commission members and Planner Sutter for more clarification. Commissioner sears questioned visibility and traffic issues. Planner Sutter replied that if the Commission is concerned about traffic, the Commission could ask Council to put limitations on the variance. Maybe the city attorney could help staff come up with something that would hold up. Staff didn't feel comfortable putting limits on the variance because of the particular facts that are involved with this property. Commissioner Whitenack asked what is planned for that area of Quail under the Street Reconstruction Program. Planner Sutter stated that the neighborhood is scheduled for 2009 which would mean a feasibility study would tentatively be ordered in 2008 and the design would not happen until then. The engineers will have to address the unique situation when this area comes up and be creative with their solutions. Commissioner Hester stated that issue shouldn't really be addressed at this meeting. Commissioner Kruger stated that this area was formed sort of like an alley way and that is how this situation sort of came up. Public Hearing Opened. Shelby Georgeson of 5009 501h Avenue North stated that if obstruction of traffic is a concern it is her opinion that the property is situated so uniquely along with unique landscaping that it really couldn't be any more obstructed than it already is. Public Hearing closed. Moved by Commissioner Sears and seconded by Commissioner Nystrom to recommend to the City Council to approve Application 2005-07 for a Variance at 4955 Quail Avenue North to reduce the front and rear setback requirements to match the location of the existing house. Finding of facts and conditions of approval are as noted in staff report. Motion carried. 5. Consider Application 2005-08 for a Conditional Use Permit and Site Plan Review for renovation of the Crystal Aquatic Center at 4800 Douglas Drive North. Planner Sutter summarized the staff report. Staff notes that there is no way to light the pool without exceeding 0.4 foot candles at the lot line along the cemetery, but staff is confident that this will not negatively impact the cemetery. Commissioner Whitenack asked if downcast lighting is being used. Jim Maland from Bonestroo & Associates and also the architect for this project spoke and stated that yes downcast lighting is being; used. Commissioner Kruger asked how the pool is expanding. Maland explained that they are really just changing the way the water is being used in the area. They are adding new feature that to make it more exciting to users and help generate more revenue. Public Hearing opened. No one spoke Public Hearing closed. Moved by Commissioner VonRueden and seconded by Commissioner Kruger to recommend to the City Council to approve Application 2005-08 for a Conditional Use Permit and Site Plan Review for renovation of the Crystal Aquatic Center at 4800 Douglas Drive North. Finding of facts and conditions of approval are as noted in staff report. Motion .carried. D. OLD BUSINESS None E. NEW BUSINESS None F. GENERAL INFORMATION Planner Sutter stated that at the July 1 lch meeting there will probably be another variance application from the phase 7 street project. G. OPEN FORUM None H. ADJOURNMENT Moved by Commissioner Sears and seconded by Commissioner Kruger to adjourn. Motion carried. The meeting adjourned at 8:14 p.m. M E M O R A N D U M DATE: July 7, 2005 TO: Planning Commission (July 111h meeting) FROM: John Sutter, Planner and Redevelopment Coordinator SUBJECT: Public Hearing: Consider Application 2005-09 for a Conditional Use Permit to allow outdoor storage as part of a proposed landscaping business at 3231 Nevada Avenue North and 7331 33rd Avenue North. A. BACKGROUND The subject property is comprised of two parcels, both guided and zoned 1-1 Light Industrial. The primary parcel, 3231 Nevada, includes an industrial building (the "first" building) built in 1977, a cold storage building (the "second" building) built in 1985, and a hard surfaced parking lot. The secondary parcel, 7331 33rd, is vacant except for an outdoor storage area established by the property owner without city approval. The owner's representative has told staff that the existing outdoor storage is used by the property owner, who lives nearby in the house at 7315 Nevada and rents the adjacent house at 7323 33`d. Whatever its history, the existing outdoor storage is in violation of city code. The applicant is a landscape contractor. Their proposed use would include outdoor storage as an accessory and subordinate use, which requires a conditional use permit under 515.53 Subd. 4 d) provided the following conditions are met: ■ The storage area is hard surfaced and clearly designated on the site as being limited to the specific, approved area. ■ The storage area does not exceed 600Y� of the gross floor area of the principal use, 40% of the area of the property, or 20,000 square feet. ■ The storage area is fully screened from any adjacent property including public right- of-way. ■ The items to be stored outdoors are typically found outdoors and are constructed of materials appropriate for outdoor weather conditions. ■ The city council finds that there will be adequate screening and buffering between the establishment and adjacent uses. ■ The city council determines that all applicable requirements of subsection 515.05, subdivision 3 a) and section 520 are considered and satisfactorily met. As with all conditional use permits, a public hearing held by the Planning Commission must precede City Council action on the application. Notice of the July 11, 2005 public hearing was mailed to all property owners within 350 feet of the subject property and published in the Sun Post on June 30, 2005. The following Exhibits are attached: A. Hennepin County Assessor records showing the two parcels that comprise the subject property. B. Aerial photo showing the location of the subject property. C. Original narrative, site plan, and photos submitted by the applicant on June 17, 2005. D. Staff response letter dated June 24, 2005. E. Revised narrative and site plan submitted by the applicant on June 29, 2005. F. Photo showing existing conditions viewed from Nevada Avenue. G. Photo showing existing conditions viewed from adjacent residential property north of the subject property. H. Photo showing existing conditions west of the second building (the east end of acre °C" in site plan). I. Photo showing existing conditions along the fence crossing 7331 Nevada (the north edge of area "C" in the site plan). J. Photo showing existing conditions looking west along the fence (the north edge of area "C" in the site plan). K. Photo showing example of material storage bins at applicant's other site. L. Photo showing example of nursery storage area at applicant's other site. M. Photo showing example of truck and trailer parking at applicant's other site. B. STAFF COMMENTS At this time, the proposal as submitted does not comply with city code. We believes that in general terms the proposed use would be appropriate for the site provided the requirements of city code can be met. Therefore we suggest that the applicant and staff would benefit from having more time to resolve the issues raised in our June 24th letter that remained unresolved in the applicant's June 29th response. The applicant has expressed an interest in having more time to resolve these issues, and therefore we suggest that the Planning Commission continue the public hearing until its next meeting on August 8, 2005. For your information and discussion, these are staff's initial comments, questions and concerns regarding the applicant's proposal as submitted on June 29tH: 1. The two parcels will need to be combined, so that the accessory outdoor storage use is not on a separate parcel from the principal use at 3231 Nevada. 2. Hard surfacing is clearly required for outdoor storage. The photos of the applicant's other site do not look good and illustrate why our code requires hard surfacing. As a practical matter, we understand that nursery supplies cannot be stored on hard surfaces for very long. Perhaps the nursery supplies could be stored on linear beds of landscape rock located between hard surfaced access drives, all enclosed within CONDITIONAL USE PERMIT - PRESCRIPTION LANDSCAPE - 3231 NEVADA & 7331 33RD 2 a concrete curb & gutter perimeter. This is the primary issue that the applicant and staff still need to work on. 3. The applicant has asked that the trailers to be parked in area "A" not be counted towards the limitations on the area of outdoor storage relative to the area of the principal use. They have argued that the trailers are almost always hooked up to motor vehicles and are primarily used to transport landscape equipment to and from job sites. The applicant feels that they are part of the motor vehicle parking accessory use, not the outdoor storage accessory use. Staff is inclined to accept this interpretation. 4. The applicant should be aware that any land disturbance of Y2 acre or more will trigger Bassett Creek watershed requirements related to stormwater treatment. While area of additional use proposed at this time, area "C", is much less than %2 acre, watershed requirements will be triggered once the cumulative additional use reaches Y2 acre. Depending on the nature of the use, this may require stormwater ponding or other measures required by the watershed. 5. Screening will be required along the north sides of areas "A" and "C". Staff believes the proposal to add vinyl slats to the chain link fence, together with planting and maintaining Techny Arborvitae along the fence, would be an acceptable screen to protect adjacent residential property provided materials storage does not exceed the height of the screen. 6. The existing unlawful outdoor storage use at 7331 33`d will have to be discontinued and any dirt areas must be reseeded to establish turf, native prairie or some similar ground cover. Because it's an existing zoning violation, these corrections are required in any case; but if the proposed use is approved, these corrections must be made concurrent with other changes to the site. Staff recognizes that the site plan submitted by the applicant is not professionally . drawn. The applicant would like to hold off on incurring the expense of drawing up a formal plan until the Conditional Use Permit is be approved. Because the CUP requirement has to do only with the outdoor storage use, the code's requirements for such use are fairly clear, and because a CUP could be approved with conditions assuring compliance with city code, staff would be comfortable with a CUP being approved subject to review and approval of a professionally drawn site plan by staff. However, because the proposal as submitted clearly does not meet the CUP requirements, this action could not be taken at this time. Staff will likely recommend such a course of action at the August 8th Planning Commission meeting, if this item is continued rather than denied at the July 11th meeting, and if the above issues can be worked out with the applicant in the meantime. C. RECOMMENDATION Continue the public hearing to the August 8, 2005 Planning Commission meeting. CONDITIONAL USE PERMIT - PRESCRIPTION LANDSCAPE - 3231 NEVADA & 7331 33RD 3 Hennepin County, MN Click on map to view infort-nation on aLjoinlnty properties Scroll down to see property address, value &Y, tax into Last update: 6/6/2005 at 1:00 PM READ IMPORTANT DISCLAIMER INFORMATION BELOW Property ID Approximate Approximate Property Perimeter Property Area 20-118-21-24-0034 757 ft. 30,410 sq.ft. = 0.698 acres Property Address Market Value Total Tax (2005) 3231 NEVADA AVE N CRYSTAL, MN 55427 $ 400,000 $ 13,430.60 Last update: 6/6/2005 at 1:00 PM READ IMPORTANT DISCLAIMER INFORMATION BELOW Property ID Approximate Approximate Property Perimeter Property Area 20-118-21-24-0035 1,008 ft. 61,419 sq.ft. = 1.41 acres Property Addre*s Market Value Total Tax (2005) 7331 33RD AVE N CRYSTAL, MN 55427 $ 186,000 $ 6,856.38 EXHIBIT A obs 4mizs EXLI®:T B May 19, 2005 Jason Zimmerman City of Crystal 4141 Douglas Drive North Crystal, MN 55422 Dear Mr. Zimmerman, Attached is our application for a conditional use permit for outside storage at 3231 Nevada Avenue North and the attached lot at 7331 33rd Avenue N. We plan no changes to the existing buildings and fenced yard. Our proposal is to move our current NW satellite office from Oh and Noble in Brooklyn Park to the subject address. Currently we operate two additional facilities in St. Paul and Savage. I have also enclosed the requested site plans, survey and a brief description as well as pictures of current outside storage at these facilities. Since we are a market leader in Grounds Management, the cleanliness and image of our facilities is of utmost importance. We plan on keeping a current and well groomed landscape around our proposed facility. Sincerely, Colin O'Neill CEO/CFO EXHIBIT C PRESCRIPTION St. Paul Corporate Office Savage Branch Office Brooklyn Park Branch Office S( -"APE 1311 Sylvan Street St. Paul, MN 55117 7125 West 126th Street Suite 400 Broo Noble Avenue North Brooklyn Park, MN 55443LAND Ph. 651-488-8965 Savage, MN 55378 Ph. 763-424-9000 www.rxlandscape.com Fax 651-488-9195 Ph. 952-445-0532 Fax 952-746-6608 Fax 763-424-9099 May 19, 2005 Jason Zimmerman City of Crystal 4141 Douglas Drive North Crystal, MN 55422 Dear Mr. Zimmerman, Attached is our application for a conditional use permit for outside storage at 3231 Nevada Avenue North and the attached lot at 7331 33rd Avenue N. We plan no changes to the existing buildings and fenced yard. Our proposal is to move our current NW satellite office from Oh and Noble in Brooklyn Park to the subject address. Currently we operate two additional facilities in St. Paul and Savage. I have also enclosed the requested site plans, survey and a brief description as well as pictures of current outside storage at these facilities. Since we are a market leader in Grounds Management, the cleanliness and image of our facilities is of utmost importance. We plan on keeping a current and well groomed landscape around our proposed facility. Sincerely, Colin O'Neill CEO/CFO EXHIBIT C N.�vuct F 010 RC- nntJL R A I HC)LDIiO 6 A, - Ave - Ki. s5 �2-2- Key to Site Plan A. Office and Shop building. This building will house our local sales and customer service staff as well as our production personnel. Some equipment maintenance and minor repairs will also be performed in this building. B. Cold Storage Building. We will store off-season equipment and some supplies. Ice melt, granular fertilizer, bobcat(s), snowplows, etc. C. Storage area for trucks and enclosed trailers. Here is an example of these: D. Holding bins for wood mulch, topsoil and rock. We build these from treated timbers and they appear as follows: E. 30 yard dumpster(s). Although many of our jobs include setting a dumpster on the jobsite, some organic and inorganic materials do come back from jobsites. Our goal is to contract with a hauler to regularly switch out these dumpsters when full. F. Future expansion of landscape material holding area. G. Employee parking. This will be an overflow parking area for production personnel. aged here. Currently, our hours of operation are between 6:30 am and 6:00 pm. We rarely work on Saturday. During snow events, our trucks usually have an 8:00 am plowing deadline. V_ Gl June 24, 2005 City of Crystal 4141 Douglas Dr N Crystal MN 55422 voice: 763-531-1000 facsimile: 763-531-1188 internet: vAvw.ci.crystal.mn.us Attn: Colin M. O'Neill Prescription Landscape, Inc. 1311 Sylvan St St Paul MN 55117 Subject: Special Land Use Action application 2005-09: Conditional Use Permit for outdoor storage at 3231 Nevada Avenue North and 7331 33rd Avenue North Dear Mr. O'Neill: We have received your completed application for a Conditional Use Permit ("CUP") for outdoor storage as part of a proposed landscaping business on property located at 3231 Nevada Avenue North (P.I.D. 20-118-21-24-0034) and 7331 33rd Avenue North (P.I.D. 20-118-21-24- 0035). 1 am enclosing a payment receipt for the $500 application fee. The expected timetable for considering your application is as follows: June 30, 2005 Notice of public hearing published in the Sun Post, and mailed to owners of property within 350 feet (copy enclosed) July 11, 2005 Planning Commission holds the public hearing and makes its recommendation to the City Council' July 19, 2005 City Council decision If the Planning Commission does not feel that it has sufficient information to make a recommendation on your request, then it may choose to continue the item to its next meeting on August 8, 2005. 2 If the Planning Commission does not make a recommendation at its July 11, 2005 meeting, and instead continues the item to its August 8, 2005 meeting, then the City Council would not make a decision on your request until August 16, 2005. While we have not completed a full review of your request, there are some items of concern that, at this point, will probably cause staff to recommend denial of your request. Specifically: €XK:oIT D 3231 Nevada and 7331 33d June 24, 2005 - page 2 - No plan was submitted showing how the outdoor storage and "overflow" parking areas would be hard surfaced, in accordance with the CUP requirement in 515.53 Subd. 4 d) 1). In the City of Crystal, hard surfacing, meaning a bituminous or concrete surface with concrete curb and gutter around the perimeter, is required for any parking or outdoor storage area. Normally, a CUP would not be approved without a detailed site plan showing the proposed hard surfacing. However, in this case we could ask the City Council to delegate review and approval authority to city staff, so that you don't have to invest time and money in drawing up construction plans for the hard surfacing until after the CUP is approved. This would not change the fact that hard surfacing is required, and that it must be installed prior to the uses being established on the site. The outdoor storage areas (D, E, F and H in your submittal) appear to be the same size as, or possible even larger than, the combined footprint of the two buildings. Outdoor storage is not permitted in excess of 60% of the combined floor area of the two buildings, in accordance with the CUP requirement in 515.53 Subd. 4 d) 2). In addition, the storage of trailers, as opposed to motor vehicles like cars and trucks in area C in your submittal, would also count towards that 60% maximum. Finally, these figures do not include the future expansion of area H that is also shown in your submittal. In other words, the total area of outdoor storage you are proposing far exceeds 60% of the floor area of the buildings, which is the maximum allowed by city code. No screening from adjacent properties is shown to meet the CUP requirement in 515.53 Subd. 4 d) 3). This is of special concern since some of the existing uses abutting the site are residential. As with the hard surfacing requirement, we could ask the City Council to delegate review and approval authority to city staff, so that you don't have to invest time and money in drawing up plans for the screening until after the CUP is approved. This would not change the fact that screening is required, and that it must be installed prior to the uses being established on the site. For your information, I am enclosing a copy of 515.53 Subd. 4 d), which contains the CUP requirements for outdoor storage uses, as well as 515.05 Subd. 3 a), which contains general requirements applicable to all CUPs. We will send you a copy of our staff report and recommendation concerning your request when it is completed, approximately one week before the July 11, 2005 Planning Commission meeting. An agenda for the meeting will also be included in that mailing. If you intend to modify your proposal to comply with the CUP requirements, you should request that the Planning Commission continue the public hearing to its August 8, 2005 meeting. You would then have until July 25, 2005 to submit revised plans to our office so we can prepare a revised staff recommendation for Planning Commission review on August 8, 2005 and City Council action on August 16, 2005. 3231 Nevada and 7331 33 d June 24, 2005 - page 3 - If you have any questions about the status of your application, feel free to call me at 763.531.1142 or email me at john.sutter(a�ci.crystal.mn.us. Regards, John Sutter Planner and Redevelopment Coordinator cc: DeJarlais Properties LLP 731533 rd Ave N Crystal MN 55427 June, 29, 2005 John Sutter City of Crystal 4141 Dougrjas'Drive North Crystal, MN 55442 Dear John: Thank you for your letter, dated June 24, 2005, We appreciate your feedback on our application for a conditional use permit.(CU-P) to allow outside storage at the properties located at 3231 I Nevada Avenue North and 7331 1 33'd Avenue North, We hope to address your concerns below, withadditional information on our intended use of the site and a more detailed depiction. of how that usage will occur. We would like to tale you up on the offer to ask the City Council to delegate review and approval autliodty co city staff fior the final details of the CUP. Ale will have construction plans drafted and submitted should the City Council approve the concept ofour intended outdoor storage. Prescription Landscape is a market leader in Grounds.0anag-Tement and wee plan on using this site as a replacement for our current N -W metro satellite officeat 85' and Noble in Brooklyn Park. We currently operate two additional facilities in St. Paul and Savage. 'Cleanliness and image are of utmost importance and. we plan on keeping a. current and well-groomed landscape around our proposed facility. No changes are planned for the two buildings nor the unfenced portion of the vacant lot, .Please refer to the attached site plan foi- a description, on our intended use of this proposed facility. Ile existing building closest to Nevada- Ave will serve as our office and shop, This building will house our local sales and customer service staff as well as our production personnel. Some equipment will be stored in this building The existing western building will be used for storage of off-season equipment andsome supplies. ]'his serves as good secured storage for our equipment. Area -X' on the plan is anexisting pavedarea and will be our parkino area for trucks and enc used trailers (please.refer to picture for example). These vehicles remain at the site and do not go home with employees at night. 'nic mailers remain hitched to the trucks andhouse smaller pieces of equipment. . ..... .. .... ... . . .... E X Ha I Ir I PRESCRIPTIONS! Paw colpomte Offic,5� sovapi� oran,,h Clft-,-ce, RW5,�kkfvn Fark bvon�oi LANDSCAPE 3 11 Sylvan Stroo� st, Flcu� MN �,,! 37 �S 'MI PON, MN' www,rx1andscapecorn TA''Ie *!'51 4WA19*5 4M', _1 MN 515112" 11 Fax P;,� -'3 June, 29, 2005 John Sutter City of Crystal 4141 Dougrjas'Drive North Crystal, MN 55442 Dear John: Thank you for your letter, dated June 24, 2005, We appreciate your feedback on our application for a conditional use permit.(CU-P) to allow outside storage at the properties located at 3231 I Nevada Avenue North and 7331 1 33'd Avenue North, We hope to address your concerns below, withadditional information on our intended use of the site and a more detailed depiction. of how that usage will occur. We would like to tale you up on the offer to ask the City Council to delegate review and approval autliodty co city staff fior the final details of the CUP. Ale will have construction plans drafted and submitted should the City Council approve the concept ofour intended outdoor storage. Prescription Landscape is a market leader in Grounds.0anag-Tement and wee plan on using this site as a replacement for our current N -W metro satellite officeat 85' and Noble in Brooklyn Park. We currently operate two additional facilities in St. Paul and Savage. 'Cleanliness and image are of utmost importance and. we plan on keeping a. current and well-groomed landscape around our proposed facility. No changes are planned for the two buildings nor the unfenced portion of the vacant lot, .Please refer to the attached site plan foi- a description, on our intended use of this proposed facility. Ile existing building closest to Nevada- Ave will serve as our office and shop, This building will house our local sales and customer service staff as well as our production personnel. Some equipment will be stored in this building The existing western building will be used for storage of off-season equipment andsome supplies. ]'his serves as good secured storage for our equipment. Area -X' on the plan is anexisting pavedarea and will be our parkino area for trucks and enc used trailers (please.refer to picture for example). These vehicles remain at the site and do not go home with employees at night. 'nic mailers remain hitched to the trucks andhouse smaller pieces of equipment. . ..... .. .... ... . . .... E X Ha I Ir I Areas "B" on the plan is an existing paved area and will be used for employee parking. We have a need for 25-30 employee parking spaces and can accommodate them in these existing paved areas. Area "C" on the plan will be used for outdoor storage of materials. Wood mulch, topsoil and rock will be stored in four or five holding bins (please see picture for example). These are constructed of treated timbers and cement slabs. The nursery holding area will also be located in this area and our B&B and container material will be staged here before being delivered to a job site. We will also keep our dumpster(s) in this area. Area "C" is currently not paved. We require an unpaved, natural surfaced area in which to store our nursery items. They do not survive well when stored on a hard surfaced area. The holding bins will be constructed with an internal hard surface. The rest of the site will remain as -is for the foreseeable future. Eventually we may develop the unused portions of these lots but have no plans to do so at this time. The entire 3231 Nevada Ave property and the southern portion of the 733133 d Ave property are currently enclosed by a chain link and barbed wire fence. We have found this combination, along with minimal site lighting (which also already exists at this site) to provide good security for our vehicles and equipment. To improve the site, we plan to screen our storage and parking from residential neighbors. We will install opaque vertical slats in the chain link fence and plant Techny Arborvitae along the three areas shown in green on the plan. These will grow to 6-8 feet -and will be shaped regularly. We feel this will provide adequate screening to our neighbors to -the north and east and will be an aesthetic improvement to the current site conditions (please refer to photos to see examples of those sight lines). The rest of the site abuts either railroad or additional industrial property and should not require screening at this time. We are excited about moving our operations to this facility and feel our business will be an asset to the Crystal community. We want to be good neighbors and feel we have adequately met the City code requirements to allow outdoor storage at this site. Please contact us with any questions or for further clarification on any of the items described above. We look forward to meeting with the Planning Commissioners and the City Council Members in July. Thank you and regards, Colin M. O'Neill CEO/CFO Prescription Landscape, Inc. 9 _ , v` l r3.9 3_ Lil � M� °•' r i � W WNW r. N tea' 3S - lb �1 ul L4I : I mmms -77 -STOP,;, E X "rjw- 2Y 7tr,, il �, � , � " . �- : �, m�,�� I '� X-� R7 J FI. swlit. � w k w MEMORANDUM DATE: July 6, 2005 TO: Planning Commission (July 11" meeting) FROM: c John Sutter, Planner and Redevelopment Coordinator SUBJECT: Public Hearing: Consider Application 2005-10 for a variance to allow an angled transition taper in the 38th Avenue right-of-way for access to a lawful nonconforming driveway at 3732 Xenia Avenue North. A. BACKGROUND The subject property includes a house with a north -facing three -car attached garage, accessed via an existing driveway from 38th Avenue. The garage is set back 32 feet from the lot line along 38' Avenue. The driveway is 30 feet wide from the garage to the lot line, tapering down to a 22 foot wide curb cut as it crosses the boulevard (the portion of the street right-of-way between the lot line and the curb cut). Current city code limits curb cuts and driveways in the boulevard to a maximum width of 2,2 feet. If the driveway on private property is wider than 22 feet, the transition taper from 22 feet to the wider width must occur on private property, not in the boulevard. The code does have an exception allowing tapers in the boulevard if necessary to provide reasonable access due to setback or topographic constraints. Because no such constraints exist on the subject property, under current code the driveway's taper is not permitted. Based on a combination of documents in the property file and statements of the property owner, staff believes that when the driveway was installed in 1979, the city approved the installation of the taper in the boulevard. The current code, effective beginning February 14, 2004 and amended December 18, 2004, clearly does not allow staff to invoke an exception for the subject property today because there are no setback or topographic constraints on the property. Thus a portion of the driveway on private property is lawfully nonconforming. The city will be removing the taper in the boulevard as part of the Phase 7 street reconstruction project. Because the city's policy is to reconstruct in compliance with city code, the requested variance is necessary for the city to install a new transition taper in the boulevard to preserve access to the lawfully nonconforming driveway on private property. Notice of the July 11, 2005 public hearing was mailed to all property owners within 350 feet of the subject property by June 30, 2005. The following Exhibits are attached: A. Aerial photo showing the location of the property. B. Staff sketch showing existing conditions. C. Staff sketch identifying lawfully nonconforming portion of the driveway. D. Photo showing existing conditions. E. Photo w/ staff markup identifying lawfully nonconforming portion of the driveway. F. City correspondence submitted as narrative by the applicant. B. STAFF COMMENTS The part of the driveway on private property exceeding current code requirements is lawfully nonconforming. If the street project does not install a new taper to match the one present prior to street reconstruction, access to the lawfully nonconforming structure would be denied. Staff believes this would constitute an undue hardship, and therefore a variance would be appropriate. In order for a variance to be granted, state law and city code require that all three of the following criteria be met: ■ The property in question cannot be put to a reasonable use if used as required by the code. ■ The plight of the landowner is due to circumstances unique to the property not created by the property owner. ■ The variance, if granted, will not alter the essential character of the locality. In addition, state law and city code specifically state that economic considerations alone do not constitute an undue hardship if a reasonable use for the property exists under the code. C. RECOMMENDATION Approve the requested variance from 515.17 Subd. 4 g) 5) v) to allow installation of an angled transition taper in the boulevard from 22 feet wide at the curb cut to 30 feet wide at the lot line. Suggested findings of fact are as follows: Denial of the requested variance would constitute an undue hardship in this particular case because all of the three required criteria are met. Specifically: 1. The property in question cannot be put to a reasonable use if used as required by this Zoning Code. Reasonable use of the property includes continuing use of the lawfully nonconforming portion of the existing driveway on private property. The angled transition taper across the boulevard is necessary for access to the lawfully nonconforming portion of the driveway. 2. The plight of the landowner is due to circumstances unique to the property. Specifically, the driveway on private property received city approval when it was constructed in 1979. The lawful nonconformity was created in 2004 when new regulations became effective specifically limiting staffs discretion to approve tapers in the boulevard, thus requiring the taper to be located on private property not in the boulevard. VARIANCE - TAPER IN BOULEVARD - 3732 XENIA 2 3. The variance, if granted, will not alter the essential character of the locality. While the amount of pavement in the boulevard is greater than typical in Crystal, the difference is not so significant as to alter the essential character of the locality. Planning Commission action is requested. Findings of fact addressing whether or not the three variance criteria are met should be included in the motion. The Planning Commission may choose to use staffs recommended findings of fact by reference in the motion. Note: As an informational item, the Planning Commission should be aware that the application fee was waived by the City Manager in this case. The reason for the waiver is that the immediate need for the variance is being triggered by the city's street project. The variance would allow the city to construct a transition taper in the boulevard as part of the project. VARIANCE - TAPER IN BOULEVARD - 3732 XENIA 3 3B -"l' AvE N 22! curb CUt cw b 37 3 2 )(6NIA "'9 32. En . 38-"` A\ve N ckr b a E 1! ,� -99 3732 XENIA 22' Curti Cut � J 32, EX. C m X rri C June 7, 2005 i FA Mr. Marty Dahl 3732 Xenia Avenue North Crystal, MN 55422 Dear Mr. Dahl: 4141 Douglas Drive North - Crystal, MN 55422-1696 Telephone: (763) 531-1000 • Fax: (763) 531-1188 Website: www.ci.crystal.mn.us �9TTAoN m cv*#7 it b Thanks for your patience as we worked to resolve the misunderstanding regarding a portion of access to your driveway at 3732 Xenia Avenue North. The City Attorney, I and other staff reviewed the documentation in your property file and agree that there is evidence that the staff in 1979 inspected your driveway and had the authority through the zoning ordinance to allow you to install the triangle on the right-of-way for access to the eastern portion of your driveway. Your driveway does not comply with current code requirements, as the taper to the 22 foot curb cut width should occur before the driveway reaches the right-of-way. In order to further document why this triangle may remain in the right-of-way under current code requirements, the attorney and I are requesting you make application for a variance. I am waiving the variance fee because the need for the variance is caused by the City's street reconstruction activities. Staff is prepared to recommend approval of the variance, based on the evidence in your property file at the time the driveway was built, and particularly your need for access to the non -conforming portion of the driveway that is on your property. Please feel free to call me with questions at 763-531-1140. Thanks again for your patience and anticipated cooperation. Yours ,truly, n e ns City Manager �m Cc: Mayor and City Council Tom Mathisen, Public Works Director Patrick Peters, Community Development Director John Sutter, Planner Valerie Matthews, Community Development Assistant Ek. F CITY OF CRYSTAL Development Status Report As of June 30, 2005 SPECIAL LAND USE APPLICATIONS (activity related to recent approvals): Forest Elementary School (6800 47th On April 20, 2004, the City Council approved a conditional use permit including site & building plan review for a new 76,000 sq. ft. Forest Elementary School. Construction is nearly complete and the new school is expected to open in fall 2005. 2. Highway 100 land use (excess right-of-way On October 19, 2004, the City Council amended the Comprehensive Plan to designate appropriate land uses on parcels of excess right-of-way adjacent to the new Hwy 100 freeway. On January 6, 2005, the city's Economic Development Authority made a formal redevelopment request to MnDOT to get the parcels surveyed and appraised for possible purchase by the EDA. MnDOT says it is still processing the request. 3. Brunswick Villas (3148 Douglas. On December 6, 2004, the City Council approved a preliminary plat and rezoning request from SML Land Development for this vacant site on the south side of 32nd between Douglas and Brunswick. The developer will be building 18 townhouse units configured in three buildings of 6 units each. Each unit's main floor will have 770 sq. ft., with a combined living -dining room, a kitchen, half bath, and mechanical room. Each unit's upper floor will have 1,158 sq. ft., with three bedrooms, a family room, a laundry and a full bath. Each unit will have its front door and porch facing north, towards 32nd Avenue, and an attached 2 -car garage facing south. Due to soil conditions, the buildings will be built on pilings and will not have basements. The site improvements include a private service drive across the south side of the site to provide access to the garages. The developer has indicated that the units will probably sell for approximately $250,000 each. Installation of geo-piers to deal .with poor soils, grading, and utility installation have been completed. Construction on the buildings is expected to begin in summer 2005 with the first units complete by fall 2005. 4. TCF Bank (6830 56tt'L On January 18, 2005, the City Council approved a conditional use permit and site plan for TCF National Bank to build a new 4,500 sq. ft. building plus a five lane drive -up. The plans also include new parking areas, signage and landscaping. Construction is approximately half complete. 5. 4916 Bernard. On June 21, 2005, the City Council approved a developer's request to divide 4916 Bernard and create a new lakefront lot out east of the existing house. The developer is remodeling and selling the existing house at 4916 Bernard together with the west 110 feet of the original property; and selling the rest of the property for construction of a new single family house to be addressed as 4908 Bernard. H:IDevelopmentStatusReports12005-2nd quarter.doc Page 1 of4 6. 61183 9th. On June 21, 2005, the City Council approved a variance allowing the Phase 7 street reconstruction project to install a second curb cut serving this property, to preserve access to an existing detached garage in the rear yard. 7. 3800 Yates. On June 21, 2005, the City Council approved a variance allowing the Phase 7 street reconstruction project to install a second curb cut serving this property, to preserve access to an existing detached garage in the rear yard. 8. 4031/4033 Adair., On June 21, 2005, the City Council approved a variance allowing the Phase 7 street reconstruction project to install a second curb cut serving this property, to preserve access to existing auxiliary parking spaces in the side yard. 9. 4955 Quail. On June 21, 2005, the City Council approved a variance reducing the front and rear setbacks to correspond to the existing house's location which pre -dates the plat of the area. 10. Crystal Aquatic Center (4800 Douglas). On June 21, 2005, the City Council approved a site plan and conditional use permit for a full renovation of the city's municipal pool and related structures. Construction is expected to begin in summer 2005 and be completed in time for the renovated facility to open in summer 2006. ECONOMIC DEVELOPMENT AUTHORITY SCATTERED SITE LOT SALES FOR NEW HOUSE CONSTRUCTION: 11. 5201 Maryland. In November 2003, the EDA sold this lot to Feyereisen Construction for $70,000. They built a 2 -story house with 2,965 sq. ft. (1,925 finished), 3 bedrooms, 21/2 baths and a detached garage. The house sold for $309,000 in April 2005. 12. 6412 45th. In March 2004, the EDA sold this lot to Avery Homes for $66,000. They built a 2 -story house with 3,036 sq. ft. (2,028 finished), 3 bedrooms, 2'/2 baths, and an attached 2 -car garage. The house sold for $315,000 in May 2005. 13. 3415 Zane. In May 2004, the EDA sold this lot to Avery Homes for $70,000. They built a 2 -story house with 3,627 sq. ft. (2,339 finished), 3 bedrooms, 2'/2 baths, and an attached 2 -car garage. The house sold for $355,000 in November 2004. 14. 3512 Brunswick. In June 2004, the EDA sold this lot to Feyereisen Construction for $70,000. They built a 2 -story house with 3,844 sq. ft. (2,377 finished), 4 bedrooms, 3 baths, and an attached 3 -car garage. The house sold for $339,783 in February 2005. 15. 5200 35th.* In August 2004, the EDA sold this lot to Golden Home Builders for $52,700. They built a 2 -story house with 2,854 sq. ft. (1,872 finished), 3 bedrooms, 2'/2 baths, and an attached 3 -car garage. The house sold in June 2005 but we do not yet know the price. 16. 521734 th Place.* In August 2004, the EDA sold this lot to Golden Home Builders for $57,000. They are building a 2 -story house with 2,883 sq. ft. (1,901 finished), 3 H:IDevelopmentStatusReports12005-2nd quarter.doc Page 2 of 4 bedrooms, 2%2 baths, and an attached 3 -car garage. Construction is nearly complete. A sale is pending. 17. 532434 th Place.* In September 2004, the EDA sold this lot to Accent Homes for $33,000. (The original $54,000 lot price was reduced $21,000 for costs related to soils.) They built a split level house with 2,779 sq. ft. (1,458 finished), 3 bedrooms, 2 baths, and an attached 2 -car garage. The house sold for $297,500 in May 2005 18. 541634 th Place.* In September 2004, the EDA sold this lot to Novak -Fleck for $56,533. (The original $58,000 lot price was reduced $1,467 for costs related to soils.) They built a 2 -story house with 2,730 sq. ft. (1,806 finished), 3 bedrooms, 2%2 baths, and an attached 3 -car garage. The house sold for $299,500 in March 2005. 19. 3557 Regent.* In September 2004, the EDA sold this lot to Novak -Fleck for $48,000. They built a split foyer house with 2,373 sq. ft. (1,267 finished), 3 bedrooms, 2 baths, and an attached 3 -car garage. The house sold for $202,425 in January 2005. *Note: Over a period of many years, the EDA had purchased and demolished the five preceding properties located in the "Crystal Heights" area south of 36th Avenue from Regent Avenue to Highway 100. Because the EDA long ago recognized a potential need to redevelop the entire Crystal Heights area, these five lots had been held for possible future redevelopment instead of being sold for new house construction. Upon completion of a redevelopment feasibility study in early 2004, the EDA determined that redevelopment of the entire Crystal Heights area would not be feasible. Based on this determination, the EDA sold these five lots for new single family houses using the standard scattered site lot sale process. 20. Brunswick Fields. In the second half of 2003, the EDA purchased 4120, 4130 and 4140 Brunswick, each of which had a 100' wide lot. In the spring and summer of 2004, the EDA demolished the existing structures and then replatted the site into four lots for new house construction. Two of the new lots are 78' wide and two are 72' wide. In fall 2004, the EDA sold the property to Al Stobbe Homes for $340,000, or $85,000 per lot. Construction of all four houses is underway, in varying stages of completion. Each is summarized below: 4142 Brunswick: Lot is 78' x 135; house is a 2 -story with 3,877 sq. ft. (2,303 finished), 4 bedrooms, 2'/2 baths, and an attached 2 -car garage. The builder has not yet listed it for sale. 4134 Brunswick: Lot is 72'x 135'; house is a 2 -story with 3,335 sq. ft. (2,164 finished), 3 bedrooms, 2'/2 baths, and an attached 2 -car garage. The house sold in June 2005 but we do not yet know the price. ■ 4126 Brunswick: Lot is 78' x 135'; house is a 1Y2 -story with 4,482 sq. ft. (2,682 finished), 3 bedrooms, 2'/2 baths, and an attached 3 -car garage. The house sold for $440,000 in May 2005. H:lDevelopmentStatusReportsl2005-2nd quartendoc Page 3 of 4 ■ 4118 Brunswick: Lot is 72'x 135'; house is a 2 -story with 3,880 sq. ft. (2,538 finished), 3 bedrooms, 2%2 baths, and an attached 3 -car garage. The builder has listed it for sale at $442,000. 21. 6808 44th. In November 2004, the EDA sold this lot to MJB Custom Homes for $68,000. They built a 2 -story house with 3,642 sq. ft. (2,364 finished), 4 bedrooms, 2'/2 baths, and an attached 2 -car garage. The house sold for $320,441 in April 2005. H:lDevelopmentStatusReportsk2005-2nd quarter.doc Page 4 of 4 eROORI.TN PARK IROORI,N ...... ,t •0 r! - � 3 Y,t, .� .1,` y�❑ _-------------- NEW NOK—._---_ \\\--_—� ».'�..• --------� 'CCCl� �.. 10Lt O I\� Y CITY _ C^ 1�� OCC CRYSTAL � � �•\�•� �aoccD000GE SCALE I, ,! I(�(I i •\_ 4 load o I000' )aod ; �❑�����C �a�u� rt , `�� �'� - L� s ��iCC�C . � Iia : c��_❑_�� __ o II i ' �C D I CRYSTAL ROa.W.So.Lf �I �I� •� �LL� Lll i z I��w• __� I, ��I�JL� +� .q )� � nl.' ,I�_'—;il�l._�L_L��^!�—i, � N �.��- r _ I���❑ � 9 �I_ a ��I..pC-�,� • , qj �: �� ---------- -L , r MCW NOK . � �� GOIOfR wCLCT j ;r •. CITY COUNCIL ACTIONS ON PLANNING COMMISSION ITEMS June 21, 2005: 1. Approved a lot division at 4916 Bernard Avenue North. 2. Approved a variance to allow a second curb cut for an existing driveway at 6118 39th Avenue North. 3. Approved a variance to allow a second curb cut for an existing driveway at 3800 Yates Avenue North. 4. Approved a variance to allow a second curb cut for an existing driveway and denied a variance for the other curb cut to be 26 feet wide at 4031 Adair Avenue North. 5. Approved a variance to reduce the front and rear setback requirements to match the location of the existing house at 4955 Quail Avenue North. 6. Approved a site plan and conditional use permit for renovation of the Crystal Aquatic Center at 4800 Douglas Drive North. The Council's actions on the items above were consistent with the Planning Commission's recommendations.