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HomeMy WebLinkAbout2015/07/15 - ADMIN - Agenda Packets - Planning Commission - RegularAGENDA PLANNING COMMISSION COUNCIL CHAMBERS 6:00 P.M. JULY 15, 2015 1. Call to order – Roll Call 2. Approval of Minutes of June 3, 2015 3. The Shoreham TIF District Plan – Conformity with Comprehensive Plan Resolution No. 86 4. Hearings A. Citys cape Apartments – Special (Conditional) Use Permit Major Amendment And Variance Location: 5707 Highway 7 Applicant: Bel Minneapolis Holdings LLC Case No.: 15-24-SP and 15-25-VAR 5. Other Business 6. Communications 7. Adjournment STUDY SESSION 1. 13th Lane and Texas Ave. Redevelopment Proposals 2. Miscellaneous Updates (verbal report) If you cannot attend the meeting, please call the Community Development Office, 952/924-2575. Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call 952/924-2575 at least 96 hours in advance of meeting. UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA JUNE 3, 2015 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Lisa Peilen, Richard Person, Ethan Rickert (youth member) MEMBERS ABSENT: Robert Kramer, Carl Robertson, Joe Tatalovich STAFF PRESENT: Gary Morrison, Sean Walther, Nancy Sells 1. Call to Order – Roll Call 2. Approval of Minutes of May 20, 2015 Commissioner Peilen moved approval of the minutes of May 20, 2015. Commissioner Carper seconded the motion, and the motion passed on a vote of 3- 0-1 (Johnston-Madison abstained). 3. Public Hearings A. West End Childcare Center – Conditional Use Permit Location: 2230 Edgewood Ave. S. Applicant: Khalid Gabeyre Case No.: 15-20-CUP Gary Morrison, Assistant Zoning Administrator, presented the staff report. The applicant proposed to operate a group daycare at 2230 Edgewood Ave. S. The group daycare has a maximum capacity of 73 children, and will have up to 10 employees. Mr. Morrison reviewed the conditions specific to daycare by Conditional Use Permit. Mr. Morrison said the proposal was reviewed by the MN Dept. of Human Services (DHS) and they confirmed that the minimum size for outside play area is 1,500 sq. ft. and the proposal does meet that requirement with the larger play area in the back of the property. Mr. Morrison discussed parking, setbacks, access and landscaping. Commissioner Peilen asked if the smaller play area at the front is entirely fenced. Mr. Morrison responded that all play areas are entirely fenced. He added that there will be a gate at the sidewalk. Unofficial Minutes Planning Commission June 3, 2015 Page 2 Commissioner Carper asked if any soil studies have been undertaken as the area is industrial. Mr. Morrison stated that to his knowledge soil studies have not been done. He said all play areas are paved. The children will be playing on a new surface. Commissioner Carper asked if he can assume there are no environmental concerns about emissions coming up to the surface of play areas. Mr. Morrison said nothing has come to staff’s attention to that effect. He added that the area had been used as a parking lot so there is no knowledge of any contamination on the site. Commissioner Carper asked about city code and hours of operation. Mr. Morrison said there is not a limitation in the code for daycare. Chair Person asked about adequacy of restrooms within the facility. Mr. Morrison said that would be reviewed more thoroughly through the building permit process. He added that the project architect who was in attendance could also speak to that question. Commissioner Carper said at least four of the parking stalls seemed to be butting up adjacent to the playground area. He asked if there would be any concrete bollards being placed there to protect the playground. Mr. Morrison said at this time there were no plans for that. He said concrete curb will be installed. Michael O’Donnell, property owner, said a Phase I environmental report was provided as part of the building purchase. That report came back clean for the property. He said as regards adjacency of parking stalls to fenced play area he was not opposed to installing bollards for safety. Mr. O’Donnell said parking spaces proposed will be adequate. He said he had no concerns about hours of operation. Chair Person opened the public hearing. Victor Perlbachs, project architect, said they could install guard rail protection or bollards at the play area fence. He stated that restroom facilities can easily be designed as two restrooms. Unofficial Minutes Planning Commission June 3, 2015 Page 3 Fartun Ahmed, applicant, stated they do plan on being open seven days a week, Monday – Friday 6 a.m. – 9 p.m., and weekends until 7 p.m. Commissioner Carper asked if there would be any other activities on the site other than daycare. Ms. Ahmed responded that is prohibited by the state license. Mort Leder, 2206 Edgewood Ave. S., asked about traffic control for 67 cars dropping off and picking up children in a short period of time when there is little parking available. Ms. Ahmed, applicant, stated that one of the perks of their program is that they try their best to do drop off and pick up of children themselves which means there won’t be 67 vehicles coming in and out of the parking lot. She said they also do transport to schools and from schools so buses won’t be coming in and out. Jon Geffen, attorney, spoke about child play areas and licensing rules. He said it is quite common to have one area over 1500 sq. ft. and also having another smaller play area. The application meets the requirements for licensing laws. Mr. Geffen said only one restroom is required for every 15 children. He said there is always a licensing obligation to make sure that restrooms are safe and monitored. The Chair closed the public hearing as there was no one else present wishing to speak. Commissioner Carper stated it appears that the organization and applicant are providing a very good service for the community. Commissioner Peilen made a motion to recommend approval of the Conditional Use Permit subject to conditions recommended by staff. Commissioner Carper seconded the motion, and the motion passed on a vote of 4-0. Unofficial Minutes Planning Commission June 3, 2015 Page 4 B. Zoning Ordinance Amendment – Sign Code Applicant: City of St. Louis Park Case No.: 15-22-ZA Gary Morrison, Assistant Zoning Administrator, presented the staff report. He noted that items were briefly discussed in a recent study session. He stated the purpose of the amendment is to increase the maximum sign area allowed for properties over 100,000 square feet in the Industrial and Business Park zoning districts, to apply the same sign regulations as allowed in the C-2 General Commercial district to the M-X district, and to clarify and simplify the regulations pertaining to the multi-tenant exemption. He presented the proposed Sign Area and Height Table 36-362A. Commissioner Johnston-Madison asked about window signs. She asked about complaints regarding window signs. Mr. Morrison said there have been some interpretations on that provision. He said staff does investigate complaints and in most cases a reduction in window signage is requested. Commissioner Carper asked about the impact to properties of 100,000 – 200,000 sq. ft. required to reduce signage by 50 sq. ft. Mr. Morrison responded there won’t be an impact because those properties would now qualify for an exception. Chair Person opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioners Carper and Peilen acknowledged staff’s work on being proactive on this issue. Commissioner Carper made a motion recommending approval of the Zoning Ordinance amendment pertaining to signs as recommended by staff. Commissioner Peilen seconded the motion, and the motion passed on a vote of 4- 0. 4. Other Business: None 5. Communications Sean Walther, Senior Planner noted that the Study Session agenda item on Form Based Code scheduled for this meeting will be postponed to the June 17th meeting. Unofficial Minutes Planning Commission June 3, 2015 Page 5 6. Adjournment The meeting was adjourned at 6:50 p.m. Respectfully submitted, Nancy Sells Administrative Secretary The Study Session scheduled to follow the regular meeting was postposed to the June 17th meeting. Planning Commission Meeting Date: July 15, 2015 Agenda Item #3 3. Consideration of a resolution stating that the Tax Increment Financing Plan for the establishment of The Shoreham Tax Increment Financing District is in conformance with the City’s Comprehensive Plan. Recommended Motion: Motion to adopt the resolution finding the Tax Increment Financing Plans for the proposed Shoreham Tax Increment Financing District to be in conformance with the Comprehensive Plan of the City of St. Louis Park. REQUEST: Requested is a recommendation of approval of the resolution finding that the proposed Tax Increment Financing Plans for the proposed Shoreham Tax Increment Financing District conform to the general plans for the development and redevelopment of the city. Bader Development’s proposed plans to construct a mixed-use redevelopment at the SW corner of CSAH 25 and France Ave. are in conformance with the land use designation within the 2030 Comprehensive Plan for the subject site which is Mixed-Use. BACKGROUND: Bader Development (“Developer”) has option agreements to acquire five properties at the SW corner of CSAH 25 and France Ave. These include two commercial properties located at 3907 & 3915 Highway 7, (the ASAP building and Battlefield Store respectively), two single-family homes located at 3031 Glenhurst Ave. and 3914 31st St. and a townhome duplex located at 3918 31st St. The land assemblage creates a 2.23-acre redevelopment site. The Developer proposes to raze the current commercial buildings and residences, remove the contaminated fill material and soils impacting the site, and construct a mixed-use development called The Shoreham. The proposed multi-story building would consist of 150 residential units (of which 20% would be designated for households earning 50% of area median income) and 20,000 square feet of office space (split between Bader Development/Steven Scott Management and a medical office tenant). Also included would be structured underground and surface parking. Job Retention and Creation The Developer proposes to relocate its corporate offices (Steven Scott Management and Bader Development) with its combined 43 FTE employees from The Parkdales and occupy 10,000 square feet in the proposed Shoreham building. That move would coincidently replace the 43 workers formerly employed at ASAP Printing which chose to sell and relocate from the subject site. In addition, the proposed project is expected to create 10 full-time on-site property management positions. A medical clinic has agreed to lease the other 10,000 square feet of office space in The Shoreham and is projected to create 44 new FTE employment positions. Agenda Item No. 3 – The Shoreham TIF District Plan – Conformity with Comprehensive Plan Page 2 Meeting Date: July15, 2015 Project Schedule Under the proposed Redevelopment Contract with the EDA, Bader Development will be required to commence construction on The Shoreham by October 31, 2015 and substantially complete it by December 31, 2016. Developer’s Request for Public Financing Assistance Bader Development submitted an application to the EDA for tax increment finance assistance to offset a portion of the $7.8 million of extraordinary costs associated with redeveloping the subject site. Tax increment financing uses the increased future property taxes generated by a new development to finance certain qualified development costs incurred by that project for a limited period of time. Environmental investigations revealed that soil on the subject site is impacted with petroleum, lead, pesticides and polynuclear aromatic hydrocarbons (PAHs). Also impacting the soil is various fill debris including glass, brick, ash, concrete, wood and asphalt which varies in thickness from 3 feet (south side) to as deep as 15 feet (north side). Groundwater below the site is also impacted with petroleum compounds. The northern and western portions of the site were historically marshy areas as evidenced by layers of peat identified in those areas. During the 1940s and 1950s, these portions were contaminated due to urban fill material and debris deposited on the site. In addition there is evidence of underground storage tanks and timber piles treated with creosote on the site. During redevelopment, the site will be excavated to depths ranging from 10 to 20 feet below grade to construct one level of underground parking beneath the new building. Therefore, it is anticipated that significant amounts of impacted fill soil will be excavated and will necessitate special handling and disposal in accordance with MPCA requirements. Level and Type of Financial Assistance Bader Development’s preliminary sources and uses statements, cash flow projections, and investor rate of return (ROR) related to Shoreham were reviewed by Staff and Ehlers (the EDA’s financial consultant). The estimates were found to be reasonable and within industry standards for this type of redevelopment. It was also concluded, given the extraordinary costs outlined above, that constructing Shoreham was not financially feasible without some financial assistance from the EDA. Upon analysis by Ehlers and Staff, and discussion with Bader Development, it was determined that up to $1.7 million in tax increment assistance would allow the project to move forward and achieve a standard return. Providing assistance makes it possible to construct a high quality project consistent with the Livable Communities design principles and many other objectives listed in the City’s Comprehensive Plan. This proposed amount of assistance is in-line with other similar mixed-use developments the EDA has aided in the past. Upon project completion, tax increment generated from the increased value of the property would be provided to the Developer on a "pay-as-you-go" basis, which is the preferred financing method under the City's TIF Policy. The Shoreham meets the requirements of a Redevelopment TIF District (25 year TIF District). Upon completion, the proposed project would generate the requested $1.7 million in approximately 5 years. Agenda Item No. 3 – The Shoreham TIF District Plan – Conformity with Comprehensive Plan Page 3 Meeting Date: July15, 2015 The EDA’s financial participation in the proposed project would leverage approximately $45 million in new investment. The ratio of private to public investment in project is $27 to $1. As a percentage of total project cost the requested amount of financial assistance is approximately 3.75%. Property Value and Taxes The total combined taxable market value of the properties proposed to be redeveloped is under $2.5 million. The total taxable market value of The Shoreham upon construction completion is estimated at $32.6 million. Most of the new value would be captured as tax increment and used to make payments on the TIF Note until it is paid off and the TIF district is terminated. It is estimated that The Shoreham would generate approximately $493,000 annually in gross tax increment. The City, County and School District would continue to receive the property taxes collected on the subject site’s base value. The project is estimated to generate a total of $730,795 in annual property taxes. Once the TIF Note is retired the additional property taxes generated by the project would accrue to the local taxing jurisdictions. Upon termination of the TIF Note, it is estimated that the City’s portion of the project’s total property taxes will be approximately $533,284 annually. TIF Application Review The EDA/City Council reviewed Bader Development’s TIF Application for the proposed Shoreham project at the June 1st Study Session. Following discussion there was consensus support for favorably considering the Developer’s request for tax increment assistance. As a result, Staff was directed to call for a public hearing on the proposed Redevelopment TIF District and to begin drafting a formal redevelopment contract with Bader Development. TIF District Approvals At its June 15th meeting, the City Council set a public hearing date of August 17, 2015 for consideration of the proposed The Shoreham Redevelopment TIF District. The EDA will consider the approval of the redevelopment contract on that same date. Is the proposed TIF district in conformance with the City’s Comprehensive Plan? The subject site is within the City’s Redevelopment Project Area which is the portion of the city where the EDA may establish TIF districts. No TIF district currently exists for the subject site thus, in order for the EDA to provide the financial assistance to the proposed project, a new Redevelopment TIF District needs to be established. As shown in the attached TIF District maps, the proposed The Shoreham TIF District consists of five parcels: 3907 Highway 7, 3915 Highway 7, 3031 Glenhurst Ave. 3914 31st St. and 3918 31st St. The proposed TIF district is detailed in the attached TIF Plan. The land use designation within the 2030 Comprehensive Plan for the subject site is Mixed-Use (see attachment). The intent of the Mixed Use land use designation and the City’s Livable Communities design principles is to create compact, pedestrian-scale, mixed-use buildings, typically with retail, service or other commercial uses on the ground floor and residential or office uses on upper floors. Mixed-use is intended to accommodate mixed-income housing, a mix of housing types on the same block, and higher density development. The subject site is suitable for the proposed mixed-use development and multiple-family housing. Agenda Item No. 3 – The Shoreham TIF District Plan – Conformity with Comprehensive Plan Page 4 Meeting Date: July15, 2015 Bader Development’s proposed project is a compact, mixed-use, mixed-income building that promotes efficient use of the land, existing infrastructure, and existing roadway system. It also incorporates underground parking, additional sidewalks, a trail connection and enhanced bicycle facilities making the project walkable and multi-modal. Thus, the proposed project as specified in the attached TIF Plan conforms to the land use designation within the City’s 2030 Comprehensive Plan for the subject site. On June 1st the City Council approved the Second Reading and adopted an Ordinance creating Section 36-268-PUD 1 of the Zoning Code and amending the Zoning Map from C-2 General Commercial and R-4 Multiple Family Residence to PUD 1 for properties at: 3907 and 3915 Highway 7, 3031 Glenhurst Avenue, and 3914 and 3918 31st Street West. The Shoreham’s proposed uses include multi-family residential, office, and medical office, all of which will be allowed through the PUD rezoning. Thus, the proposed project is allowable under the City’s Zoning Ordinance. The Minnesota Tax Increment Financing Act requires planning commissions to determine if a proposed TIF district is in conformance with its city’s Comprehensive Plan. In light of the information presented above, the Planning Commission is being asked to find that the proposed The Shoreham TIF District Plan conforms to the City’s Comprehensive Plan. Recommendation Staff recommends approval of the proposed resolution finding that the proposed Tax Increment Financing Plan for the establishment of The Shoreham Tax Increment Financing District conform to the general plans for the development and redevelopment of the city. Attachments: • Site Plan • Building Rendering • The Shoreham TIF District Maps • Resolution of Approval • Tax Increment Financing Plan for The Shoreham TIF District Prepared by: Greg Hunt, Economic Development Coordinator Agenda Item No. 3 – The Shoreham TIF District Plan – Conformity with Comprehensive Plan Page 5 Meeting Date: July15, 2015 PLANNING COMMISSION CITY OF ST. LOUIS PARK, MINNESOTA RESOLUTION NO. 86 RESOLUTION OF THE ST. LOUIS PARK PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND A TAX INCREMENT FINANCING PLAN FOR THE PROPOSED SHOREHAM TAX INCREMENT FINANCING DISTRICT CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. WHEREAS, the St. Louis Park Economic Development Authority (the "EDA") and the City of St. Louis Park (the "City") have proposed to adopt a Modification to the Redevelopment Plan for Redevelopment Project No. 1 (the "Redevelopment Plan Modification") and a Tax Increment Financing Plan for the Shoreham Tax Increment Financing District (the "TIF Plan," and together with the Redevelopment Plan Modification, the "Plans") and have submitted the Plans to the City’s Planning Commission (the "Commission") pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and WHEREAS, the Commission has reviewed the Plans to determine their conformity with the general plans for the development and redevelopment of the City as described in the comprehensive plan for the City. NOW, THEREFORE, BE IT RESOLVED by the Commission that the Plans are found to be consistent with the City’s Comprehensive Plan, and conform to the general plans for the development and redevelopment of the City as a whole. Adopted by the St. Louis Park Planning Commission July 15, 2015 ATTEST: Richard Person, Chair Sean Walther Planning and Zoning Supervisor “Commercial” “Medium Density Residential” “Business Park” “Commercial” “Mixed-Use” 2030 Comprehensive Plan Land Use Designation 39073915 3031 391839143907 3915 Hwy 7 PID: 06028241100073907 Hwy 7 PID: 06028241100563031 Glenhurst Ave PID: 06028241100163918 31st St W PID: 06028241100153914 31st St W PID: 0602824110014 31ST HIGHWA Y 7 MINNETONKA FRANCESERVIC E D R HI G H W A Y 7 GLENHURSTHUNTINGTONHIGHW A Y 7 MINN E T O N K A ´ The Shoreham TIF District Legend Parcels Roads Surrounding Roads Encore TIF District June 16, 2015 Prepared by the St. Louis Park Community Development Department 220 0 220110 Feet Planning Commission Meeting Date: July15, 2015 Agenda Item 4A 4A. Cityscape Apartments – Special (Conditional) Use Permit Major Amendment and Variance Case No.: 15-24-SP & 15-25-VAR Location: 5707 Highway 7 Applicant: Bel Minneapolis Holdings LLC Recommended Action: Chair to close public hearing. Motion to recommend approval of the Major Amendment to the Special (Conditional) Use Permit and variance for 5707 Highway 7 subject to conditions recommended by Staff. Description of Request: Cityscape Apartments, located at 5707 Highway 7, contains 156 residential rental units comprising 75 one-bedroom units and 81 two-bedroom units. In June 2014, the Minnesota Department of Transportation (MN DOT) condemned in fee simple, 1,066 square feet from the parcel on which the Cityscape Apartments is located. A copy of the survey highlighting the land Taken by MN DOT is attached. The entire property before the Taking is approximately 189,922 square feet (4.36 acres). Through advice from the property owner’s legal counsel and conversations with City staff, the property owner has decided to request a Special (Conditional) Use Permit Major Amendment and Variances in order to ensure and document that the Taking does not harm the legal status of the property due to the resulting lot size reduction. The Variances include an increase in density from 30 units per acre to 36 units per acre and an increase in the floor area ratio from 0.7 to 1.0. Please note that these dimensional requirements are the current zoning code requirements. The degree of increases from the 1989 Special (Conditional) Use Permit approvals are far less significant, as will be explained later in the report. There are no physical changes proposed to the buildings, only a reduction in the lot size caused by the Taking. Agenda Item No. 4A. Special (Conditional) Use Permit Major Amendment & Variances – Cityscape Apartments Meeting Date: June 15, 2015 Page 2 Location: Comprehensive Plan: RM - Medium Density Residential Zoning: R-4 Multiple-Family Residence Neighborhood: Elmwood Background: This Special (Conditional) Use Permit was approved in 1988 by Resolution 88-139. The development replaced grain elevators that were located on the site. In 1989, the City rescinded Resolution 88-139 and adopted Resolution 89-109 approving the same development with minor amendments to the architectural, landscaping, and utility exhibits. The property remains in compliance with the conditions of approval. MN DOT condemned a 1,066 square feet from the property for its work on Highway 100 reconstruction, which include the replacing the railroad and trail bridges adjacent to the applicant’s property. These bridges are also within the corridor of the proposed Light Rail Transit (LRT) Green Line extension. Because of the very minor changes resulting from the Taking on the property and its current use, staff has allowed the applicant to provide very basic plans to illustrate the changes. Essentially, only a recent survey of the property is provided showing the existing conditions and the temporary construction easements and permanent right-of-way takings. Special (Conditional) Use Permit Analysis : The requested amendment simply recognizes the change in the condition of the property from the MN DOT Taking. The lot area of the site is reduce from to 189,922 square feet (4.36 acres) to Agenda Item No. 4A. Special (Conditional) Use Permit Major Amendment & Variances – Cityscape Apartments Meeting Date: June 15, 2015 Page 3 188,856 square feet (4.33 acres). Technically, the change increases the density of the development. Since the density of the development is increased, the code defines the change as a major amendment, despite the fact that increase is just from 35.8 units per acre to 36 units per acre. The increases to the floor area ratio and ground floor area are too insignificant to mention. Note the existing density of 35.8 units per acre that was approved in 1989 is higher than the density currently allowed in the Medium Density and R-4 zoning district of 30 units per acre. The current R-4 zoning allows multiple-family dwelling with a conditional use permit, and with some conditions specific to this use. A summary of the conditions follows: 1. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. The Highway 7 Frontage Road provide access to Wooddale Avenue, which is designated as a Major Collector. The site meets this condition. 2. At minimum of 12% of the building lot shall be developed as designed outdoor recreation area. (Ord. No. 2267-04, 4-12-2004) The site provides more than 12% of the site area for designed outdoor recreation area. According to the original approvals the site has 85,000 square feet of useable open space. The primary area that would qualify for the DORA requirements today include the outdoor pool and courtyard area on the south side of the building. The site is also adjacent to the Cedar Lake LRT Regional Trail. 3. The minimum spacing between buildings shall be the average heights of the buildings. The site has only one principal building, so this rule is not applicable. 4. All buildings shall be located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots. The site plan meets this requirement. 5. If parking is accommodated on the required public or private road system, it must meet minimum public street width requirements of this chapter to allow on-street parking. The property was approved with 308 parking stalls, of which 252 are provided in structured parking under the building. The site is required to maintain these counts per the original approval; however, the current ordinance would only require 237 parking stalls (one per bedroom). The site currently has poor access to transit, but the future LRT will change that dramatically and would reduce the required parking for the property to 213 stall or fewer based on today’s zoning code. Parking does commonly occur on the frontage road, but it is not required parking for the development. 6. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot that abut a public street. Sidewalks shall also be provided between the public street and parking areas to all building entrances. The internal sidewalks meet the width requirements and connect the surface parking lots to the building entrances. A sidewalk is not currently provided along the frontage road. Given the nature of this request, the property’s proximity to the regional trail, the fact that the frontage road Agenda Item No. 4A. Special (Conditional) Use Permit Major Amendment & Variances – Cityscape Apartments Meeting Date: June 15, 2015 Page 4 is a cul-de-sac, staff does not recommend requiring sidewalk along the frontage road at this time. The site is in compliance with the Special Permit for the property. As to the changes caused by the Taking, the amendment to the Special (Conditional) Use permit is warranted. Variance Analysis The applicant is seeking two Variances. One variance is to allow an increase in density from 30 dwelling units per acre to 36 dwelling units per acre. The other variance is to allow an increase in the floor area ratio from 0.7 to 1.0. The criteria for granting variances and staff’s finding for each are provided below. 1. The effect of the proposed variance upon the health, safety, and welfare of the community. The proposed variances will have no impacts upon health, safety and welfare. It is an existing development with no significant changes proposed to the site. 2. Whether or not the request is in harmony with the general purposes and intent of the Zoning Ordinance. The existing use of multiple-family residential is consistent with the zoning. While the variance to the floor area ratio and density are rather significant compared to the current R-4 zoning requirements, the changes are insignificant compared to the original approvals for the site. The development is located near to collector and arterial roadways, and will be served by excellent transit service when LRT is operational. The density and floor area ratio are appropriate to allow to continue on this property. 3. Whether or not the request is consistent with the Comprehensive Plan. The proposed density variance is significantly above the 30 dwelling units per acre contemplated in the medium density residential land use category. Staff would generally focus on this threshold and rarely would recommend an increase through a variance process. However, there are other sections of the Comprehensive Plan that apply directly to this site specifically and support granting the variance. In particular, the Redevelopment Section of the Comprehensive Plan references the Elmwood Area Land Use and Transportation Study completed in 2001. That study showed the long-term continuation of the Cityscape development as appropriate. There are also numerous Comprehensive Plan policies that support higher density residential development in areas that have good access to major roads, regional trails, schools and transit. Arguably the site could be re-guided to high density residential. Based on the purposes of this application and the goals of the applicant to simply maintain compliance with the spirit and intent of the original approvals for the site, a variance seems a more direct approach to resolving the matter. The variance for a greater floor area ratio than is otherwise allowed per the zoning ordinance is not addressed by the Comprehensive Plan. Agenda Item No. 4A. Special (Conditional) Use Permit Major Amendment & Variances – Cityscape Apartments Meeting Date: June 15, 2015 Page 5 4. Whether or not the applicant establishes that there are practical difficulties in complying with the Zoning Ordinance. Practical Difficulty means: a. The proposed use is permitted in the zoning district in which the land is located. A variance can be requested for dimensional items only. Multiple-family dwellings conditionally allowed in the R-4 zoning district, and the existing development satisfies all the conditions, as described earlier in the report. b. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. The plight of the landowner is due to circumstances unique to the property. The nonconformities were created by public actions, including the City’s changes to the zoning and dimensional requirements, but more relevant to this application is the Taking of land by MN DOT for public purposes. Also, the 1989 approvals of this development contemplated this portion of the property would be needed for public purposes related to the future LRT and included a condition of approval that states, “The eastern end of the site plan be designated for future light rail transit-pedestrian purposes and the owner and their successors and assigns dedicate such area for such use when such need is established by the City or other public agency.” c. The variance, if granted, will not alter the essential character of the locality. There are no changes to the existing buildings or required landscaping, parking and amenities on the site. d. Economic considerations alone do not constitute practical difficulties. Economic considerations are not the primary issue to be remedied by the variances. The practical difficulties arise out of changes to the lot area by the condemnation of a portion of the property by MN DOT. e. Practical difficulties include inadequate access to direct sunlight for solar energy systems. Access to direct sunlight is not a factor in the request or the project. 5. Whether or not there are circumstances unique to the shape, topography, water conditions, or other physical conditions of the property. The primary reason for the variances that are requested is the reduction in the lot size due to the Taking of land by MN DOT for public purposes. The land taken from the site does not materially contribute to the existing development. The area impacted by the taking is adjacent to an existing freight rail corridor and freeway, and the future light rail transit line. Agenda Item No. 4A. Special (Conditional) Use Permit Major Amendment & Variances – Cityscape Apartments Meeting Date: June 15, 2015 Page 6 6. Whether or not the granting of the variance is necessary for the preservation and enjoyment of a substantial property right. The granting of the variance is reasonable to allow the property owner to continue to utilize the property for the current 156-unit apartment building, in a manner that is consistent with the original approvals and the highest and best use of the site. 7. Whether or not the granting of the variance will impair light and air to the surrounding properties, unreasonably increase congestion, increase the danger of fire, or endanger public safety. If approved, the proposed variance would not impair light and air to the surrounding properties, or increase the congestion, danger of fire, or endanger public safety. The use has been in existence for approximately 25 years. 8. Whether or not the granting of the variance will merely serve as a convenience or is it necessary to alleviate a practical difficulty. The granting of the variances will not merely serve as a convenience. The variances alleviate the practical difficulty resulting from the MN DOT Taking. Staff finds the application meets the criteria for granting the variances from 30 to 36 units per acre and from 0.7 to 1.0 floor area ratio. Recommendations: Staff recommends approval of the Major Amendment to the Special (Conditional) Use Permit for the existing 156-unit multiple-family dwelling at 5707 Highway 7, subject to the following conditions: 1. The site shall be developed, used and maintained in conformance with the Official Exhibits of Case File 88-63-SP & 89-63-SP, except as to the lot size impacts resulting from the Taking by MN DOT of 1,066 square feet of property for Highway 100 as depicted on: Exhibit A: ALTA/ACSM Land Title Survey dated February 2, 2014 Staff recommends approval of the Variances to increase the density from 30 units per acre to 36 units per acre and to increase the floor area ration from 0.7 to 1.0 units per acre for the existing 156-unit multiple-family dwelling at 5707 Highway 7, based on the findings in the staff report and subject to the following conditions: 1. The site shall be developed, used and maintained in conformance with the Official Exhibits of Case File 88-63-SP & 89-63-SP, except as to the lot size impacts resulting from the Taking by MN DOT of 1,066 square feet of property for Highway 100 as depicted on the ALTA/ACSM Land Title Survey dated February 2, 2014. Agenda Item No. 4A. Special (Conditional) Use Permit Major Amendment & Variances – Cityscape Apartments Meeting Date: June 15, 2015 Page 7 2. Assent form and official exhibits must be signed by the applicant. Attachments: ALTA/ACSM Land Title Survey dated February 2, 2014 1989 Resolution of Approval (89-109) Prepared by: Sean Walther, Planning & Zoning Supervisor Page 1 Planning Commission Meeting Date: July 15, 2015 Study Session Agenda Item 1 13th Lane and Texas Ave Redevelopment Proposals Background: Bob Cunningham, now with Melrose Development, is interested in developing two vacant pieces of land in the northwest portion of the City. These two properties were previously owned by MnDOT and are remnants from when Highway 12 was reconstructed and converted to Interstate 394. These properties were identified as excess property when the City conducted the “Excess Land Process” in 2005. The properties were offered through a bidding process in 2005 and no bids were received. They have been available for purchase since that time. The properties were last formally discussed by the Council at a study session on October 8, 2012. Until that time, Council direction was to only allow the sale of the properties for multi-family or mixed-use development. The study session discussion was in response to two proposals, one for medical office development and the other for residential development. The Council again gave direction that its interest was in multi-family residential development, or mixed use development on the 13th Lane site. There have been various inquiries over the past several years for commercial, or medical office development on these properties and only one inquiry for residential development. Staff have acted under the Council direction of only allowing residential development on the properties and denied requests for non-residential development. Staff have been working with Melrose Development over the past year in response to its multi- family redevelopment proposal while working through the conveyance process with MnDOT. The conveyance process has taken slightly over a year for the City to acquire the properties from MnDOT. The City purchased the properties in June, 2015 and will be selling the properties to Melrose Company this month. The Council reviewed a development concept in February of this year and was supportive of the general concept. The Council indicated that they were willing to consider Land Use and Zoning changes, and that they would support purchasing the two properties from MnDOT, to sell to Melrose, in order to facilitate the redevelopment. The City has no financial obligations in the transaction, as it is serving as a conduit for the transfer of the properties. Redevelopment Proposal The 13th Lane site is located in the Pennsylvania Park Neighborhood and lies between Wayzata Blvd and 13th Lane. The site is approximately 0.92 acres and is zoned R-3 Two-Family Residence. The site is relatively flat but higher in elevation than Wayzata Blvd and at the same elevation as 13th Lane. The surrounding uses include an office building to the east, single-family homes across 13th Lane to the south, and two single-family homes and commercial uses to the west. Wayzata Blvd and I-394 are to the north. The development concept includes two buildings that would front 13th Lane which would range from two to three stories in height. A total of 34 units are proposed, which provides a density of approximately 37 units/acre. The Comprehensive Plan land use designation would need to change from RM – Medium Density Residential to RH – High Density Residential in order to accommodate this development concept. Medium Density allows up to 30 units/acre and High Density allows up to 50 units/acre. Rezoning would likely be to a PUD district in order to achieve the project design. Page 2 Page 2 The City generally only approves PUDs on sites that are at least two acres in size, but allows PUDs on smaller sites if a development of higher quality design may be achieved. Staff supports an application for a PUD and will continue to work with the developer on applicable requirements and refining the project if the Council supports moving forward with this concept. The Texas Ave site is located in the Westwood Hills neighborhood and is bordered by Wayzata Blvd on the north, Texas Ave on the east, and townhomes to the south and west. The site is approximately 1.3 acres, and is zoned R-1 Single Family Residence. The site is generally flat except that the western one-third of the property begins to slope upward. The western portion of the property is also heavily wooded. The development concept for this site includes the same design of buildings proposed for the 13th Lane site and includes two buildings with a total of approximately 36 units. This would provide a density of approximately 30 units/acre. The Comprehensive Plan land use designation would need to change from RL – Low Density (maximum of 7 units/acre) to RM – Medium Density (maximum of 30 units/acre) in order to accommodate this development scenario. Rezoning would also likely be to a PUD district. Staff anticipates an application for a Comprehensive Plan Land Use Map Amendment, preliminary and final plat, and preliminary and final PUD in July. The developer has indicated that he will not be requesting any City financial assistance. Attachments: Site Location Map Concept Development Plans Prepared by: Ryan Kelley, Associate Planner Reviewed by: Sean Walther, Planning & Zoning Supervisor 13TH LANE ROW HOUSES 2015 JANUARY 26 ST. LOUIS PARK, MN FRONT ELEVATION SLATE-GRAY SHINGLES OFF SIDE SIDING WARM GRAY SIDING BRICK PANELS BRICK STOOPS AT INDIVIDUAL ENTRIES PERGOLAS BETWEEN BUILDINGS