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2016/04/20 - ADMIN - Agenda Packets - Planning Commission - Regular
AGENDA PLANNING COMMISSION COUNCIL CHAMBERS 6:00 P.M. APRIL 20, 2016 1. Call to order – Roll Call 2. Approval of Minutes of March 16, 2016 3. Hearings A. Conditional Use Permit – Marriott Minneapolis West Hotel Location: 9970 Wayzata Boulevard Applicant: GSH MPLS Full Service, LLC Case No.: 16-12-CUP 4. Other Business 5. Communications 6. Adjournment Study Session 1. Planning Commissioner Training – City Attorney Soren Mattick (60 min.) 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 MARCH 16, 2016 – 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Torrey Kanne, Claudia Johnston-Madison, Lisa Peilen, Richard Person, Carl Robertson, MEMBERS ABSENT: Lynne Carper, Joe Tatalovich Ethan Rickert (youth member) STAFF PRESENT: Sean Walther, Debra Heiser, Greg Hunt 1. Call to Order – Roll Call 2. Approval of Minutes of February 17, 2016 and March 2, 2016 Commissioner Person moved approval of the minutes of February 17, 2016. Commissioner Peilen seconded the motion, and the motion passed on a vote of 3- 2 (Kanne and Robertson abstained). Commissioner Robertson moved approval of the minutes of March 2, 2016. Commissioner Person seconded the motion, and the motion passed on a vote of 4-1 (Peilen abstained). 3. Public Hearings A. Excelsior & Monterey (Bridgewater Dominium Addition) Preliminary Plat with Variances and Preliminary Planned Unit Development Location: 4400, 4424 Excelsior Blvd.; 3743 Monterey Dr. Applicant: St. Louis Park Leased Housing Associates I, LLC Case Nos.: 15-32-S, 15-33-PUD, 15-46-VAR Sean Walter, Planning and Zoning Administrator, presented the staff report. He reviewed the request for preliminary plat with variances. The preliminary plat combines three existing parcels to be created into two new parcels and dedicates right-of-way to surrounding streets where road easements currently exist. He explained that the variances regard drainage and utility easement width reduction. Mr. Walther presented the Planned Unit Development analysis including zoning, building/site design, shadow study, parking, access, landscaping, and Designed Outdoor Recreation Area (DORA). Unofficial Minutes Planning Commission March 16, 2016 Page 2 Mr. Walther discussed the traffic study in detail. The study incorporates traffic studies of the Bridgewater site, the former Bally’s site and a level of background growth. The Park Commons Dr./Monterey leg of the intersection on Park Commons Dr. (going eastbound) does experience a delay currently and the delay will get worse with the development. Mr. Walther said the City Council directed staff to explore alternatives that might improve operations at that particular intersection whether or not the development goes forward. He discussed the option recommended by City Council to add a dedicated right turn lane on Park Commons Dr. With this one improvement it will be improved from a Level of Service D to a Level of Service C with development, which is rated Acceptable. Mr. Walther reviewed the public process associated with the proposed development. Commissioner Peilen asked if the entrance on Excelsior Blvd. was for commercial use only. Mr. Walther responded the Excelsior Blvd. entrance is for commercial use only. Commissioner Peilen asked if the developer ever considered Excelsior Blvd. the primary entrance and exit. Mr. Walther responded he was not aware of any previous designs that considered that option. Commissioner Person asked if the recommended option of Alternative 2 was adopted by resolution. Mr. Walther said it was direction to staff at a study session that the improvement should be included in the city’s Capital Improvement Plan. The CIP will be generated in the coming months. Commissioner Kanne asked if the traffic study went down Excelsior Blvd. towards Hwy. 100 at peak hours and looked at congestion there. Mr. Walther responded that the study results extended to Quentin and Excelsior. He said that congestion at Excelsior/Hwy. 100 has previously been identified in the Comprehensive Plan. He noted there are limited solutions the city has for that. The city has explored using more frequently yellow flashing lights throughout intersections. That could be explored more with Hennepin County as Excelsior is a county road. The city does not have direct control on when and how those improvements are made. Unofficial Minutes Planning Commission March 16, 2016 Page 3 Chair Johnston-Madison said approaching the entrance for Level 1 parking for bank and retail to turn in you have to be going west on Excelsior. She asked if the traffic study took into account how much traffic would result off of Monterey from the opposite direction. Mr. Walther said the driveway locations and motions were known and the situation she described was part of the model. The Chair spoke about 50 units/acre and higher densities allowed with PUD. The zoning table indicates there are 80.8 units/acre. Mr. Walther explained that for purposes of the report and presentation he used the higher number for Lot 1 alone. No residential units are proposed on Lot 2. The overall residential density of both lots combined would be 69.9 units/acre. Chair Johnston-Madison asked about height perception from the north with underground parking levels resulting in the building looking like eight stories. The Chair asked if any of the eight traffic alternatives, other than Alternate 2, were still in play. Mr. Walther responded that all alternatives were shared with City Council. The staff did not recommend the other alternatives. One of them was the idea of doing a traffic signal at Park Commons Dr. One of the criteria staff used for recommendation was that whatever intervention was made to improve that one leg of Park Commons Dr. would not negatively impact other intersections. Excelsior Blvd. is a major road and needs to take priority over a secondary road. The Chair asked Mr. Walther to address Alternative 8. Mr. Walther said all alternatives were considered and all but three were dismissed. Alternative 8, closing Park Commons Dr., would add a new street going through park land. It would be very expensive, with a number of limitations to pursuing that option. Commissioner Person asked about the north access designated as move in/move out only and easement. Mr. Walther said there is a 20 foot access easement across the nursing home property that connects to the service court in that building. Earlier concepts explored the idea of splitting traffic so all of the P2 parking would exit and enter that site from the driveway. By dispersing the traffic in that manner it makes all intersections better. There were concerns from the nursing home about how wide of a space is available there for emergency vehicles. Residents also raised Unofficial Minutes Planning Commission March 16, 2016 Page 4 objections to additional traffic on 36 ½ St. The developer is not proposing to have additional access to that location. Chair Johnston-Madison referred to page 19 of the traffic study regarding access B and C proposed to be 140 ft. apart along Monterey Dr. She referred to MnDOT spacing guidelines of 330 ft. for urban collector roadways. She asked if the City Council discussed those figures. Mr. Walther said City Council was presented that information but it was not discussed in any detail. Debra Heiser, Engineering Director, said the figures were noted in the traffic study and presented to the City Council. She stated that the reality on urban arterials and collectors is if 330 ft. were applied to every driveway access in the city many driveways would have to be closed. When looking at the speed of the street and the vehicles using these driveways staff feels that 140 ft. is adequate for the site lines, adequate for safety and adequate for these driveways on Monterey. She said staff would not support it otherwise. Ron Mehl, Dominium Development, applicant, spoke about the company and the development proposal. He said they have worked hard to address concerns and worked hard to create two separate entrances for commercial space and residential parking. He answered commissioner questions regarding resident and guest parking. Chair Johnston-Madison opened the public hearing. A letter from William Weber, 3824 Huntington, was read into the record by Dennis Morin, 4509 W. 36 ½ St., #303. In his letter Mr. Weber urged the commission to reject the applications for preliminary plat and preliminary PUD for the proposed development. Eleanore Martin, 4820 Park Commons Dr., #233, said with the large apartment building going up at the former Bally’s site she didn’t understand why another large complex was needed at Excelsior and Monterey. She said she understood the city fathers believe in encouraging small businesses so it makes no sense to force out established businesses, such as TechLine, to make room for a complex that nobody wants. She said Excelsior Blvd. will look like a cross between a wind tunnel and a traffic jam. Jan Anderson, 4517 W. 36 ½ St., said besides traffic and noise she is concerned about trees being removed which are homes to wildlife. She said she is concerned about the small businesses that have been asked to leave. She said they won’t come back. She said two businesses have gone to Edina. She commented that the commercial spaces will be boring things that people won’t spend much Unofficial Minutes Planning Commission March 16, 2016 Page 5 time enjoying. Ms. Anderson said in the past the walk from Monterey to Slumberland has been fun. There are trees and the businesses are fun. That will all be gone. She said she is concerned that her own rent will increase due to the development. Denise Davis, 4820 Park Commons Dr. condominium, Wolfe Park neighborhood association vice chair, said neighbors are concerned about traffic, increased crime, congestion and dropping property values. Transients will be moving in. She said she has lived in St. Louis Park for 32 years. Neighbors tell her that they are unwilling to give up their cars. People in her building are a little bit older. Some have impediments and can’t walk to a light rail station. She spoke about pedestrians often crossing Excelsior illegally. The neighborhood is growing very rapidly. She said she’d like to see a moratorium on any future development until the ramifications are known about traffic, congestion and parking at 4900 Excelsior. Patti Carlson, 3801 Inglewood Ave. S., 40 year resident, said she feels betrayed by the city for this development. In spite of the traffic study, it is very difficult to cross Excelsior Blvd. because of people turning left into Trader Joe’s and sometimes turning right into the small businesses. Trader Joe’s is a mess. Now there will be another situation with two uncontrolled opposing streets. It feels a lot like Wooddale to her. She said she can understand having a dedicated left and right turn lane. But she said there are problems with being in right turn lane and the left turn driver edges forward resulting in difficulty telling if the other drive can go forward. She requested no yellow arrows for crossing Excelsior. She said it is dangerous enough as it is and the pedestrian crossing signal is the only protection pedestrians have crossing Excelsior. She said she feels her neighborhood is blocked off from getting to Highway 100 or the library. She said the traffic study wasn’t done on a Saturday afternoon near Trader Joe’s. She spoke about lack of light in the winter and ground floor units. She said she didn’t find the shadow studies acceptable. She said she didn’t appreciate the traffic study ratings of acceptable. She said she would like the consideration of the human effects of this development. Terry Warner, 3020 Florida Ave. S., said the proposed development is being built in the wrong place. He spoke about the vacant areas between Hwy. 100 and Hwy. 169 on Minnetonka Blvd. that would have less traffic problems and good bus service for development. He suggested the use of roundabouts on Monterey. Meghan Phimister, 3451 Zarthan Ave., 30 year resident, asked if the commercial parking level and residential parking levels were accessible to each other. Ron Mehl, applicant, said residential parking, except for guest parking, is connected inside the ramp that drops down under the commercial space. Residents can enter the building from the ramp by fob access only. Unofficial Minutes Planning Commission March 16, 2016 Page 6 Ms. Phimister discussed the petition with 330 resident signatures which residents gave to the City Council about one year ago. She said that night the city went ahead with its vision for Excelsior and Monterey. Tonight the city is hearing the neighborhood vision for the corner. She hoped the city could listen and take a step back look back to look at this area and the surrounding area. She spoke about the new ice rink and a new community center which will create more traffic. She said every time she comes to the city she’s discussing little individual projects and is concerned the city doesn’t look at the entire view. People are concerned about infrastructure, mobility, walkability and over- saturation of apartments. She said she lives close to the PLACE proposal right on 7 and Wooddale and struggles with commuting through that area to get to Trader Joe’s and then has to deal with the traffic there. She said she hopes the Commission comes to talk about PLACE and doesn’t support moving forward with that project because that is being pushed in as well. Alberto Bertomeu, 4419 Excelsior Blvd., said it is an emotional issue and it takes time for listening and venting. He said he isn’t for or against the project. He said he owns buildings surrounding the property. Honey and Rye is a small business succeeding in an area of larger projects. Ciel has signed a lease for his property across the street. Techline moved to Edina when it merged with another company. He said he is trying to keep some small businesses intact. He said he owns the Jiffy Carwash. He spoke about the good design and scale of the Bridgewater Bank building. He said he knows traffic is a problem. He spoke about difficulties for pedestrian crossing of Excelsior and Boulevard and general lack of respect shown to pedestrians by drivers. Phil Freshman, 3912 Natchez, 25 year resident, spoke about very little consideration for people living in the area. There is the ice rink, 4900 Excelsior, and now Bridgewater development. There are impacts collectively to this area. He said the fixes on Park Commons Dr. are a band-aid. He said he doesn’t hear anything about ameliorations in the neighborhoods. He spoke of Natchez which is used by vehicles going 40 mph to avoid Excelsior Blvd. On his block there are about 15 kids under age 12. The proposal is misguided and it is about raising property tax income to invest for the ice rink and other projects. He said it is tremendously harmful in general. He said had he known about the petition he would have signed it. He hopes the petition can be recirculated. The city is imposing the developments on the neighborhood and saying the neighborhood should deal with it. Jon Schaefer, 3914 Lynn, resident since 1965, asked what evidence the commission doesn’t already have in the last two years that will allow for a no vote for the development. 330 petitions? Has it been looked at and listened to? How tall is too tall for a development? How much congestion is too much congestion for the neighborhood? How does a luxury apartment building help St. Louis Park Unofficial Minutes Planning Commission March 16, 2016 Page 7 residents who want to stay but are unable to stay because they can’t afford the apartments? How does it help small businesses stay in St. Louis Park? Nino Pedrely, 3755 Glenhurst Ave., 10 year resident, discussed Tax Increment Financing (TIF). He asked why projects in a fairly established neighborhood can’t be done on a market rate basis since we’re at the top of the apartment development cycle. Mr. Walther stated there isn’t a TIF application at this stage. There are no details for any agreement at this time. Greg Hunt, Economic Development Coordinator, spoke about a typical TIF project where the base taxes would continue to accrue to the respective taxing jurisdiction. It is the added value from the development that potentially could be used to reimburse the developer for certain extraordinary costs incurred in the development. He said the city has a policy in which projects are required to pay for the fiscal disparities from the project itself. Dennis Morin, 4509 W. 36 ½ St, #303, 39 year resident, asked the developer if Access B and C have changed or if they are the same as originally proposed. Mr. Mehl, applicant, responded that Access B and C have not changed. Mr. Morin asked if 83% of the apartments are 1 or 2 bedroom units. He asked how many of the units are affordable. Chair Johnston-Madison said 20% of the units are affordable. Mr. Morin distributed a document titled 4400 Exc. Blvd. Traffic Study, May 1, 2015. Access B and C are proposed 140 feet apart along Monterey Dr. He referenced MnDOT spacing guidelines of 330 feet. Debra Heiser, Engineering Director, spoke about the guideline. Staff looked at vehicles on Monterey and determined that 140 ft. spacing is adequate. There are a number of driveways like this in the city. Staff does not find this will be unsafe. It can move ahead as it is. Ms. Heiser said it is important, as the developer indicated, to separate the residential and commercial accesses. Mr. Morin said Monterey is a major collector of 11,000 cars/day in an urban area which is a lot different from driveways in a residential neighborhood. He discussed B and C access with six left turns and six right turns all in 140 feet on Monterey. He said it is an atypical area with one Excelsior & Grand, one Trader Joe’s and one Bridgewater. He said it is an unsafe and tightly compressed driveway access plan and they ask the Commission to deny approval of the PUD Unofficial Minutes Planning Commission March 16, 2016 Page 8 and ask the staff and developer to create a safer and more improved site access plan so the project can move forward. Ron Mehl, applicant, said they will look at the accesses again but believe that the access to the north is a sufficient distance and will provide good visibility to the residents coming out of it. He said they will do more studies on that to share with the City Council. The existing businesses have not expressed an interest in staying and they will have the opportunity to lease in that space if they choose. He said he understands there will be a rent difference. He doesn’t know what that amount is right now. Extensive criminal and credit background checks are done on their residents. Dominium does not have a crime problem in any of their developments. He said they will try work on illegal pedestrian crossing and will address that with planters and landscaping and trying as best they can to direct pedestrian traffic to intersections from this development. The new development will help in particular with affordability so that people are not priced out of this community. There are 35 units for persons making up to 50% of median income in Hennepin County. 48% of the units are one bedroom, 48% are two bedroom and 4% are 3 bedroom. The Chair added into the record correspondence from Russell Redman, 3833 Kipling Ave. S. Mr. Redman wrote in opposition to the development. Chair Johnston-Madison closed the public hearing as no one else was present wishing to speak. Commissioner Robertson said it is the kind of application the Commission struggles with. We hear the neighborhood concerns and opposition. In reference to moratorium, he said the city is coming to the time of doing its Comprehensive Plan again and a lot has happened in the last 10 years. It would be good to restudy the whole area and see where it wants to go. In the meantime, it is owner’s right to sell property and develop it. He discussed pedestrian concerns. He said in his business as an architect he works with engineers all the time and there is a certain amount of trust in the models that are used. He said the project is well-designed, well sited, and the stepping down design is good along Monterey. He uses shadow studies all of the time. He said he will give a move ahead vote. Commissioner Peilen said she has also struggled as she hears the concerns. She spoke about development in her own neighborhood. She knows Dominium’s work and it has a good reputation and runs good buildings without problems. The design is good and the project is well thought through. She said with numerous reservations she is willing to give it a move ahead vote. Commissioner Person spoke about the problems with left turns out of Access A and B. He said in the future the city would have to consider prohibiting those left Unofficial Minutes Planning Commission March 16, 2016 Page 9 turns. Developing the north access into a full residential access would mitigate a lot of that problem. He said he hears the neighborhood issues but the Commission needs to determine if the proposal conforms with the PUD ordinance. Commissioner Kanne said it is a livability issue. She said no one she has spoken to in St. Louis Park likes the project. She stated she doesn’t like small businesses leaving and she doesn’t like cookie cutter buildings going up. She said she has serious reservations and will probably vote in opposition to the project. The Chair said it is a quality project with a good developer. She said her position hasn’t changed since the Comprehensive Plan request. She said if the development had come out of a development guidelines process created like the one for Excelsior & Grand and for the Ellipse site, she would have a different perspective on this development. Development guidelines have been worked on for the south side of Excelsior Blvd. and some good things are in place. She said there are no development guidelines for the north side of Excelsior from Ellipse to Monterey. It was asked for by residents almost a year ago. She said she has concerns about traffic. Chair Johnston-Madison said we need to look at, at least in this community, not just capacity on a road but the quality of life for people in that area. If we want Excelsior Blvd., Excelsior and Monterey, 36 ½ St. and Belt Line Blvd. to be a walkable community we are going the wrong way. She said she would not be voting in favor. Commissioner Robertson made a motion recommending approval of the Preliminary Plat with Subdivision Variances and Preliminary Planned Unit Development (PUD) with meeting notes and comments provided to Council. Commissioner Person seconded the motion, and the motion passed on a vote of 3- 2 (Johnston-Madison and Kanne opposed). 4. Other Business A. Consideration of Resolution – Wayzata Boulevard TIF District Conformance with Comprehensive Plan Greg Hunt, Economic Development Coordinator, presented the staff report. Commissioner Person asked how often the city takes action to create a TIF District without a development proposal. Mr. Hunt said this is an unusual circumstance but in this case the city will lose its ability to create a TIF District due to statutorily only having 3 years after a demolition to create a TIF District. Unofficial Minutes Planning Commission March 16, 2016 Page 10 Commissioner Peilen asked about the necessity to attract a developer and the extraordinary costs of developing the site. Mr. Hunt said that is part of the equation in developing the site. He added that it is a very attractive and highly visible site. Commissioner Robertson made a motion recommending approval of the resolution finding that the proposed Tax Increment Financing Plans for the establishment of Wayzata Boulevard Tax Increment Financing District conform to the general plans for the development and redevelopment of the City. Commissioner Peilen seconded the motion, and the motion passed on a vote of 5- 0. 5. Communications The April 6 Planning Commission meeting has been canceled. The Commission will meet on April 20. 6. Adjournment The meeting was adjourned at 8:20 p.m. Respectfully submitted, Nancy Sells Recording Secretary Planning Commission Meeting Date: April 20, 2016 Agenda Item 3A 3A. Marriott West - Conditional Use Permit Case No.: 16-12-CUP Location: 9960 Wayzata Blvd Applicant: GSH MPLS Full Service Recommended Action: Chair to close public hearing. Motion to recommend approval of the Conditional Use Permit (CUP) subject to conditions recommended by Staff. Description of Request: Requested is a Conditional Use Permit to construct a second hotel on the Marriott hotel site located at 9960 Wayzata Blvd. Constructing two hotels on one property is allowed by CUP. Location: Agenda Item No. 3A. Marriott West - Conditional Use Permit Page 2 Meeting Date: April 20, 2016 Proposal: The Applicant is proposing to construct a second hotel on the same property as the existing Marriott hotel. The new hotel will be a Courtyard by Marriott, (“Courtyard”). The zoning ordinance allows more than one principal building on a parcel by CUP, therefore, a CUP is required for the construction of a second hotel on this property. Existing Conditions: The property is improved with a seven-story Marriott hotel with 195 rooms, a restaurant, and conference center. The hotel was constructed in 1986. Proposed Hotel: If approved, the Courtyard will be constructed on the north side of the Marriott. It will be six-stories, and have 142 rooms. The Courtyard will not include amenities similar to the existing Marriott. Instead, it will be connected to the Marriott with an enclosed walkway that will enable guests of the Courtyard to utilize the amenities of the Marriott. Both hotels cater to business clients, however, the Marriott does not have, and the Courtyard will not have, kitchenettes. Therefore, the hotels are not marketed as extended stay hotels. Zoning Analysis: Comprehensive Plan: Office Zoning: Office Neighborhood: Shelard Park Site Plan: The property is a corner lot, and is 7.76 acres in size. It is adjacent to the Highway 394 frontage road on the south, and Shelard Parkway on the west. The Coach Homes of Shelard residential development is adjacent to the north, and Shelard Park is adjacent to the east. Access: The property has three driveway accesses. One access from the 394 frontage road and two on Shelard Parkway. The southernmost driveway will be closed as a result of the proposal, leaving one access on Shelard Parkway, and one on the frontage road. At the request of the City Engineering Department, the Applicant has agreed to relocate the existing northern driveway 40 feet north to line up with a driveway for the office building on the other side of Shelard Parkway. This will improve the safety for vehicles exiting both sites by creating a more conventional intersection. Relocating the driveway also provides a more direct and efficient access to the main entrance of the Courtyard. Parking: The existing site has 556 parking spaces. The zoning ordinance requires 1.5 parking spaces per room for hotels. The Marriott has 195 rooms, therefore, at least 293 parking spaces are required. The Courtyard will have 142 rooms which requires an additional 213 parking spaces. The two hotels combined equals 337 rooms, which requires at least 506 parking spaces. Agenda Item No. 3A. Marriott West - Conditional Use Permit Page 3 Meeting Date: April 20, 2016 The number of parking spaces will actually increase as a result of the proposed development. The proposal reflects a more efficient use of the parking lot with some minor reconfiguration of the parking spaces, utilizing 107 compact parking stalls, and 18 proof of parking spaces. This reconfiguration results in 560 parking spaces, which is four more spaces than existed before the Courtyard is constructed, and 54 more spaces than are required by code. The complex also has a restaurant which primarily services its guests, and a conference center. Traditionally the city required additional parking for these amenities, however, a parking study conducted for this proposal revealed that the amenities do not generate additional parking requirements. The study estimates that weekend peak-hour demand is 378 +/- spaces (337 on weekday). With 560 parking spaces on-site, this results in a surplus of 182 parking spaces. A copy of the parking study is attached. Bicycle Parking: City Code requires bicycle parking in the amount of at least 10% of the required motor vehicle parking. This translates into 56 bicycle parking spaces required. The site is showing 18 spaces located by the main entrance on the north side, and the staff entrance on the west side. The proposal is 38 spaces short. The remaining spaces will be shown as proof of bicycle parking, which will be added as needed. Staff finds that the proof of parking is acceptable since the guests staying at the hotel will be arriving from out of town, and will not be biking to the site. It is anticipated that the spaces will be primarily used by staff. Landscaping: City Code requires at least 1 tree per 1,000 square feet of floor area. The combined hotels equals a total of 271,123 square feet of floor area, which translates into 271 trees required. There are 144 existing and proposed trees, which is 127 trees short. Additional trees will be planted along the east property line to enhance the edge of the park and minimize the impact of the headlights shining on the residence to the east. The Applicant has also agreed to contribute to the tree fund, so the City can plant additional trees in the park. The additional plantings will address comments raised at the neighborhood meeting, about the need for more trees in the park and screening to mitigate the headlights that shine on the Parkside Lofts residential development located on the east side of the park. In addition to the trees, the Marriott and Courtyard have significant landscaping improvements that include a pond feature with a waterfall, and five outdoor plazas for recreation and dining. These improvements can be used to off-set the number of trees required through the alternative landscaping option in the City Code. Alternative landscaping is required to include amenities such as such as plazas, outdoor seating, public art, and recreational benefit. The proposal provides outdoor plazas and recreation opportunities, and a water feature. Staff finds that the landscaping requirement is met. Designed Outdoor Recreation Area (DORA): The DORA requirement for the development is at least 12% of the gross floor area, which equals 32,535 square feet of DORA. City Code, however, allows the DORA to be located on another parcel, if both parcels are part of the same Planned Unit Development. The Marriott property, is part of the Shelard Park Planned Unit Development. As such, it receives a credit for the Shelard Agenda Item No. 3A. Marriott West - Conditional Use Permit Page 4 Meeting Date: April 20, 2016 Park, which is located adjacent to the hotel on the east side. Historically, the development was granted a 50% credit, which means the development needs to provide only 16,267 square feet of DORA on-site, instead of the full 32,535 square feet. The proposal will meet this requirement by providing 28,528 square feet of DORA, all of which is improved with outdoor seating, plazas, and water garden. Architecture: The exterior materials for the Courtyard are primarily stucco, glass, metal panels, and fiber cement. City Code requires each elevation to have at least 60% Class 1 materials on each elevation. Of the materials listed above, only stucco and glass are considered Class 1. The remaining materials are Class 2. The material breakdown by elevation follows: Elevation: Class 1 Class 2 North (14,105 sf) 10,918 sf (75%) 3,187 sf (25%) South (14,105 sf) 11,328 sf (80%) 2,777 sf (20%) West (4005 sf) 3,045 sf (76%) 960 sf (14%) East (3900sf) 1,409 sf (36%) 2491 sf (64%) The east elevation doesn’t meet the minimum Class 1 materials requirement, however, the plans will be adjusted to meet code. The canopy on the north side is proposed to extend over an existing utility easement. The City Engineering Dept. has reviewed the proposal and will allow it to encroach over the easement, however, the Applicant must enter into an encroachment agreement, which allows the encroachment but also states that it must be removed at the owner’s expense if the City has to work on the utility. Staff added the encroachment agreement as a condition of approval. Stormwater: The site is currently 82% impervious. The proposal will slightly reduce the impervious surface to 81%. The stormwater requirements are met through the Shelard Park PUD, and the pond located in the Shelard Park. Therefore, additional stormwater treatment and control is not required. Neighborhood Meeting: A neighborhood meeting was conducted on Tuesday, April 12, 2016. The following was discussed: 1. Generator located on the west side of the building. It will be screened, and the noise should not impact the residents to the north. The generator is located 260 feet away from the property line. 2. Trash for both hotels will be handled at the existing trash rooms located in the Marriott. 3. The trees along the north property line were discussed. Residents were happy to see the additional landscaping. 4. Residents agreed that relocating the driveway to line up with the driveway across the street made sense. Agenda Item No. 3A. Marriott West - Conditional Use Permit Page 5 Meeting Date: April 20, 2016 5. Residents from the Coach Homes development to the north expressed concerns about visibility problems when leaving their driveway. The visibility problem has existed for several years, and is not a result of the proposal. Although care should be taken so the proposal does not make the visibility problem worse. Residents suggested “Hidden Driveway” signs to alert people of the problem. Staff conveyed this concern to the Engineering Dept, and they are looking into the history, and what may be done to improve the condition. 6. Residents expressed a desire to see some improvements in the park. Staff conveyed this desire to the Parks Dept, The Applicant is willing to have some of its required trees planted in the park, and will contribute cash for the trees. The City will plant them on their behalf. 7. Residents of Parkside Lofts expressed concerns about lights from cars entering the property from Shelard shining in their windows. The Applicant agreed to plant additional trees along the east property line to mitigate this. They also agreed to review the slope of the driveway to see if it can be altered to direct the lights away from the residents. Staff Recommendation: Staff recommends approval of the Conditional Use Permit to allow two principal buildings on one property with the following conditions: 1. The site shall be developed in accordance to the following exhibits: a. Exhibit A: Site Plan b. Exhibit B: Grading & Erosion Plan c. Exhibit C: DORA & Landscaping Plan d. Exhibit D: Exterior Elevations e. Exhibit E: Lighting 2. 56 bicycle parking spaces be provided. Up to 38 spaces may be shown as proof-of-parking, and shall be installed by the property owner when requested by the city. 3. Cash be dedicated to the tree fund for trees to be planted in Shelard Park in lieu of on the hotel property. 4. The materials on the east elevation shall be adjusted so there is at least 60% Class 1 materials. 5. A six-foot wide sidewalk shall be constructed along Wayzata Blvd per City specifications. 6. Prior to starting any land disturbing activities, excluding demolition, the following conditions shall be met: a. Assent Form and Official Exhibits must be signed by the applicant and property owner. b. All necessary permits must be obtained. c. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park for all public improvements (sidewalks, boulevards, landscaping, etc.). d. An encroachment agreement for the canopy extending over the utility easement be executed in a form approved by the City Attorney, and recorded with Hennepin County. Attachments: Aerial Photo Letter from the Applicant Walker Parking Study Development Plans Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning & Zoning Supervisor Agenda Item No. 3A. Marriott West - Conditional Use Permit Page 6 Meeting Date: April 20, 2016 AERIAL PHOTO September 29, 2015 Mr. Ryan Kelley, CNU-a Planner CITY OF ST. LOUIS PARK 5005 Minnetonka Blvd. St. Louis Park, MN 55416 Re: Minneapolis Marriott West Shared Parking Analysis Walker Project # 21-4148.00 Dear Mr. Kelley, Walker Parking Consultants (“Walker”) is pleased to submit the findings that resulted from the Shared Parking Analysis prepared for the Minneapolis Marriott West Development (the “Development”) in St. Louis Park, Minnesota. INTRODUCTION The proposed Development includes an existing 195-key Marriott Hotel, and a proposed 135- key Courtyard Hotel within the same parcel. This development will add parking demand to the property based on hotel usage, in addition to the existing restaurant and meeting space of the Marriott. We understand that additional parameters established at this time include the following: • Square footage of existing restaurant, Kips – 3,571 SF • Courtyard Bistro Coffee Bar, Not Open to the Public & lobby seating area only – size TBD • Number of existing meeting rooms - 6 meeting rooms • Total square footage of existing meeting room space = 9,586 SF • No meeting space planned in new Courtyard Understanding that this mix of uses, including hotel, meeting rooms and restaurant space, all generate parking demand differently, at different times and in different patterns, this proposed development lends itself to a shared parking analysis. This analysis enables identification of when parking demand is likely greatest for each specific use, and considers the interaction of these uses to provide appropriate parking supply for the combined parking demand of these uses without simply adding maximum levels together. 1660 South Highway 100 Suite 424 Minneapolis, MN 55416 Tel: 952.595.9116 Fax: 952.595.9516 www.walkerparking.com Mr. Ryan Kelley September 29, 2015 Page 2 Figure 1: Proposed Development Site Source: City of St. Louis Park, CSM Mr. Ryan Kelley September 29, 2015 Page 3 LAND USES Based upon Walker’s discussion with the City, at full build-out the Development will contain an existing 195 room in the Marriott with 3,571 square foot restaurant, and 9,586 square feet of meeting space, and a new 135 room Courtyard. We utilized this information to develop a Shared Parking demand model that depicts the approximate parking supply of spaces needed to accommodate the projected peak-hour parking demand for the site. PARKING SUPPLY The total parking supply provided by the developer is approximately 541 spaces in surface parking that is on-site (does not include on-street or off-site parking spaces). PARKING DEMAND RATIOS The base parking demand ratios used in Urban Land Institute’s Shared Parking were developed by observing hourly accumulations of vehicles around standalone land-uses during the course of a typical year (365 consecutive days) and identifying design conditions for weekdays as well as for a weekend day. At the peak-hour of the year a comparison was made between the total number of cars parked and a designated key unit of measure specific to each land-use (e.g. square footage for many land-uses, rooms for hotels or bedrooms per residence). Additionally, some ratios were supplemented through added fieldwork. To prepare this analysis we utilized the mixed use parking standards established in Shared Parking to project the approximate peak-hour parking demand; moreover, we applied both month and time of day adjustments for each land use to the individual parking ratios. The ratios used for analysis are shown in the following table. Table 1: Base Parking Demand Ratios Source: Walker Parking Consultants We used the base ratios shown above and considered the following three factors when developing the Shared Parking model: Land Use Visitor Employee Visitor Employee Unit Source Weekday Weekend Hotel-Business 1.00 0.18 0.90 0.18 /room 3 1.18 1.08 Restaurant/Lounge 10.00 10.00 /ksf GLA 3 10.00 10.00 Meeting/Banquet 30.00 30.00 /ksf GLA 3 30.00 30.00 Source: 3. Shared Parking, Second Edition. Washington DC: ULI-The Urban Land Institute Weekday Weekend Total Mr. Ryan Kelley September 29, 2015 Page 4 1) Non-captive Ratio. Non-captive ratios are typically expressed as a percentage of users who create no incremental parking demand when visiting more than one land use on the same trip (e.g. a hotel user eating dinner at the hotel restaurant). Overall, the effect of the captive market can be significant, and the use of non-captive factors ensures that patrons are not counted twice in the overall estimated parking demand. The non-captive ratios assumed for this analysis assume that 30-40% (depending on weekday vs weekend) of the patrons are captive with regard to using the meeting/banquet space, and 10-70% for restaurant space. This assumption is based on observations and shared use studies compiled over time at other mixed-use developments throughout North America. 2) Presence Factor - Presence is expressed as a percentage of the peak potential demand modified for time of day and month of year, which can have a significant effect on demand at a mixed-use development. For example, a 10,000 sf retail store has a peak demand of about 36 spaces on a weekday and 40 spaces on a weekend day during the peak-hour (11:00 AM); while the same store is unlikely to project any parking demand at 11:00 PM. 3) Driving Ratio - Driving ratio represents the percentage of users arriving at the site by means other than a personal vehicle. According to the U.S. Census “Journey to Work” statistics shown in the inset table, about eighty-seven percent (87%) of the St. Louis Park residents drive to work. Typically, adjustments made to the driving ratio mirror the “Journey to Work” statistics for the demographic area. The various adjustments made to the base parking demand ratios, in an effort to render project specific projections, are shown in the following table. Table 2: Adjustments to Base Ratios for Driving and Captive Users Source: Walker Parking Consultants Using the land-use data provided by the City, Walker developed the Shared Parking model detailed in the next section, which projects the approximate number of spaces needed to provide adequate parking on weekdays and weekend days during peak-hour demand conditions. SHARED PARKING Land Use Quantity Unit Daytime Evening Daytime Evening Daytime Evening Daytime Evening Hotel-Business 330 rooms 66% 66% 77% 77% 100% 100% 100% 100% Restaurant/Lounge 3,571 GLA 60% 60% 70% 70% 90% 90% 30% 30% Meeting/Banquet 9,586 GLA 75% 75% 75% 75% 60% 60% 70% 70% Employee 330 rooms 87% 87% 87% 87% 100% 100% 100% 100% Driving Ratio Weekday Weekend Non Captive Ratio Weekday Weekend Drive to Work Drive Alone 78.5% Carpool 8.7% Sub-Total - Drive 87.2% Other Means Public Transportation 6.1% Taxi 0.3% Bicycle 0.4% Walk 2.0% Work at Home 4.0% Sub Total - Other 12.8% Total 100.0% Journey to Work - St. Louis Park, MN Mr. Ryan Kelley September 29, 2015 Page 5 Walker has conducted numerous studies and consulted with leading organizations such as the Institute of Transportation Engineers, ULI and the International Council of Shopping Centers to determine appropriate parking demand ratios for use when developing Shared Parking models. Parking demand is influenced by the time of year, such as when the volume of patronage for a hotel establishment peaks during the June vacation season and decreases gradually until the winter low period. These variations by time of day and time of year were assumed for this analysis and applied to our Shared Parking model. Finally, parking demand is a fluid force, subject to variations according to the availability of alternative transportation, proximity of complimentary land uses, differences in user presence by time of day and time of year, building occupancy rates and a host of other factors. Conversely, the available parking supply tends to be a fixed quantity, limited by the amount of space that can be allocated on a given site for parking. Assuming the effects of Shared Parking, the projected weekday peak-hour parking demand for the Development is 337± spaces, on the busiest weekday annually. The peak-hour demand, which is projected to occur in June at 9:00 PM, is calculated based upon the driving and non-captive ratios as well as the presence factors (peak-hour adjustments) shown in the following table. As depicted, the projected peak-hour weekday demand represents a 53% or 376 space reduction from the unadjusted weekday parking demand projected for the site. Table 3: Peak-Hour Demand – Weekday (projected) Source: Walker Parking Consultants Weekday Unadj Month Adj Pk Hr Adj Non Captive Drive Ratio Jun Land Use Demand Jun 9:00 PM Evening Evening 9:00 PM Hotel-Business 330 100% 85% 100% 66% 185 Restaurant/Lounge 36 95% 67% 90% 60%12 Meeting/Banquet 288 100% 100% 60% 75% 130 Employee 59 100% 20% 100% 87%10 Subtotal Customer/Guest 654 327 Subtotal Employee/Resident 59 10 Total Parking Spaces Required 713 337 Mr. Ryan Kelley September 29, 2015 Page 6 Assuming the effects of Shared Parking, the projected weekend day peak-hour parking demand for the Development is 378 ± spaces; on the busiest weekend day annually. The peak-hour demand, which is also projected to occur in June at 9:00 PM, is calculated using the driving and non-captive ratios and presence factors (peak-hour adjustments) shown in the following table. As shown, the projected peak-hour weekend day demand represents a 44% or 302 space reduction from the unadjusted weekend day parking demand projection. Table 4: Peak-Hour Demand – Weekend Day (projected) Source: Walker Parking Consultants PARKING ADEQUACY The term “Parking Adequacy” is defined as the ability of the parking supply to accommodate the Design Day peak-hour parking demand. A positive or negative remainder when compared to the proposed parking supply indicates a parking surplus or deficit within the system, structure or lot. Based on our analysis, when the proposed parking supply (541 spaces) is compared to the peak-hour parking demand projection (378 ± spaces), a positive surplus of 163± spaces will exist. Therefore, the parking supply proposed for the Development should adequately accommodate the peak-hour parking demand projection, as shown in the inset table. Table 5: Parking Adequacy Source: Walker Parking Consultants Weekend Unadj Month Adj Pk Hr Adj Non Captive Drive Ratio Jun Land Use Demand Jun 9:00 PM Evening Evening 9:00 PM Hotel-Business 297 100% 85% 100% 77% 194 Restaurant/Lounge 36 95% 67% 30% 70%5 Meeting/Banquet 288 100% 100% 70% 75% 151 Employee 59 100% 55% 100% 87%28 Subtotal Customer/Guest 621 350 Subtotal Employee/Resident 59 28 Total Parking Spaces Required 680 378 User Group Existing Customer/Guest, All Uses 350 Employee, All Uses 28 Parking Demand (projected)378 Supply 541 Surplus/(Deficit)163 Parking Adequacy (projected) Mr. Ryan Kelley September 29, 2015 Page 7 CONCLUSION Based upon Walker’s analysis of the land use data provided by the City, and the Shared Parking model prepared for the Marriott Development, the following summarizes the results of our analysis. o The projected weekend peak-hour parking demand is 378± spaces (337 on Weekday), on the busiest day annually. This calculation is based upon the drive ratios, non-captive ratios and peak-hour adjustments discussed throughout our report. o When the proposed parking supply (541 spaces) is compared to the peak-hour parking demand projection (378± spaces), a surplus of 163± spaces will exist. o The parking supply proposed for the Development should adequately accommodate the peak-hour parking demand projection. In closing, we hope the enclosed analysis satisfies the scope of work anticipated for the Development. Please call me at your convenience with any questions or comments regarding the material provided for review. Respectfully submitted, Jeffrey A. Colvin, AICP Parking Consultant cc: Carl Schneeman – Walker Parking Consultants Mr. Ryan Kelley September 29, 2015 Page 8 SCOPE OF SERVICES A. Meet with the City’s representative via teleconference to clarify study objectives, define project parameters and review the proposed deliverable product and schedule. B. Obtain from the City’s representative detailed information regarding the land use programming (i.e. square footage, type, etc.) All land use data should be provided in square feet for retail entities or rooms for hotel development. C. Discuss with the City’s representative anticipated peak patronage, visitation or occupancy periods. D. Prepare a Shared Parking Analysis employing the mixed use parking standards established in Urban Land Institute’s Shared Parking to project the approximate parking demand for the site. E. In preparing the analysis, we will apply both month and time of day adjustments for each land use to individual parking ratios to determine the approximate shared parking demand for the Development site. F. Discuss with the City’s representative general and specific parking demand ratios assumed by the analysis. G. Summarize Walker’s findings in a draft letter report and submit to the City representative and developer for review and comment. Specifically included will be estimated parking demand recommended for the shared parking usage of the Development. H. Obtain review comments from the City’s representative regarding the draft report. I. Incorporate draft report comments into a final letter report and submit to the City’s representative. J. Attend a City Planning meeting to present our findings and respond to questions related to the scope of the report. Mr. Ryan Kelley September 29, 2015 Page 9 STATEMENT OF LIMITING CONDITIONS 1. This report is to be used in whole and not in part. 2. Walker’s report and recommendations are based on certain assumptions pertaining to the future performance of the local economy and other factors typically related to individual user characteristics that are either outside Walker’s control or that of the client. To the best of Walker’s ability we analyzed available information that was incorporated in projecting future performance of the proposed subject site. 3. Sketches, photographs, maps and other exhibits are included to assist the reader in visualizing the property. It is assumed that the use of the land and improvements is within the boundaries of the property described, and that there is no encroachment or trespass unless noted. 4. All information, estimates, and opinions obtained from parties not employed by Walker Parking Consultants are assumed to be true and correct. We assume no liability resulting from misinformation. 5. None of this material may be reproduced in any form without our written permission, and the report cannot be disseminated to the public through advertising, public relations, news, sales, or other media. 6. We take no responsibility for any events or circumstances that take place subsequent to the date of our field inspections. 7. We do not warrant that the projections will be attained, but they have been prepared on the basis of information obtained during the course of this study and are intended to reflect the expectations of a typical parking patron. 8. The numeric figures presented in this report were generated using computer models that make calculations based on numbers carried out to three decimal places. In the interest of simplicity, most numbers have been rounded to the nearest thousand; therefore, these figures may be subject to small rounding errors. 9. This report was prepared by Walker Parking Consultants, and all opinions, recommendations, and conclusions expressed during the course of this assignment are rendered by the staff of Walker Parking Consultants as employees, rather than as individuals. 10. The conclusions and recommendations presented were reached based on Walker’s analysis of the information obtained from the client and our own sources. Information furnished by others, upon which portions of this study may be predicated, is believed to be reliable; however, it has not been verified in all cases. MINNEAPOLIS MARRIOTT WEST PRELIMINARY SITE PLAN ST. LOUIS PARK, MINNESOTA 4-11-16 0 15 30 60 PROPOSED HOTEL 6-STORY EXISTING HOTEL 7-STORY SHELARD PARKWAYW. WAYZ A T A B O U L E V A R D INCREASED LANDSCAPE BUFFERING ALONG NORTH AND WEST BOARDERS MAIN ENTRY AWNING AREA NEW SITE ACCESS AND SIGNAGE PEDESTRIAN CONNECTION TO SHELARD PARK OUTDOOR AMENITIES - PATIO SEATING AREA - SCULPTURE GLADE LANDSCAPE BUFFER MAIN ENTRY TO CONVENTION AREA MINNEAPOLIS MARRIOTT WEST PRELIMINARY SITE PLAN ST. LOUIS PARK, MINNESOTA 4-11-16 0 15 30 60 PROPOSED HOTEL 6-STORY EXISTING HOTEL 7-STORY SHELARD PARKWAYW. WAYZ A T A B O U L E V A R D INCREASED LANDSCAPE BUFFERING ALONG NORTH AND WEST BOARDERS MAIN ENTRY AWNING AREA NEW SITE ACCESS AND SIGNAGE PEDESTRIAN CONNECTION TO SHELARD PARK OUTDOOR AMENITIES - PATIO SEATING AREA - SCULPTURE GLADE LANDSCAPE BUFFER MAIN ENTRY TO CONVENTION AREA MINNEAPOLIS MARRIOTT WEST PRELIMINARY SITE PLAN ST. LOUIS PARK, MINNESOTA 4-11-16 0 15 30 60 PROPOSED HOTEL 6-STORY EXISTING HOTEL 7-STORY SHELARD PARKWAYW. WAYZ A T A B O U L E V A R D INCREASED LANDSCAPE BUFFERING ALONG NORTH AND WEST BOARDERS MAIN ENTRY AWNING AREA NEW SITE ACCESS AND SIGNAGE PEDESTRIAN CONNECTION TO SHELARD PARK OUTDOOR AMENITIES - PATIO SEATING AREA - SCULPTURE GLADE LANDSCAPE BUFFER MAIN ENTRY TO CONVENTION AREA SITEMINNEAPOLIS MARRIOTT WEST CONDITIONAL USE PERMIT APPLICATION COVER SHEET $WU Ä(CZ Ä 9CUJKPIVQP#XGPWG5QWVJ5WKVG /KPPGCRQNKU/0ENGINEER DEVELOPER/OWNERSHEET INDEX LAND SURVEYORLANDSCAPE ARCHITECTVICINITY MAPPROJECT ARCHITECT 6 : 1 : NORTH 235.001 (1 (6 (6 :36.061 :121.901 (6 ( 0 135.37(P)6 (171.70R=83.16L=64.14 GAS METERSIGNFIBER OPTICIRON MONUMENT FOUNDWATER VALVESANITARY MANHOLELIGHT POLEELECTRIC VAULTHYDRANTTELEPHONE BOXGAS UNDERGROUND ELECTRICSTORM SEWERWATERMAINSANITARY SEWERSTORM MANHOLEUNDERGROUND TELEPHONECHAIN-LINK FENCEMANHOLE (UNKNOWN)RIGHT-OF-WAY MONUMENTCONCRETESET MAG NAIL W/ BRASS WASHERSET IRON MONUMENTMARKED 18425FIBER OPTIC VAULTTRANSFORMERELECTRIC METERCATCH BASINSWATER SHUTOFF VALVEGROUND LIGHTTELEPHONE MANHOLEWATER MANHOLEPARKING STALL COUNTGUARD RAILWOOD FENCEBITUMINOUS TRAILPAVERSSPOT ELEVATIONDECIDUOUS TREECONIFEROUS TREEPLAT DISTANCEMEASURED DISTANCE(P)(M)CONTOURMINNEAPOLIS MARRIOTT WEST CONDITIONAL USE PERMIT APPLICATION EXISTING CONDITIONS $WU Ä(CZ Ä 9CUJKPIVQP#XGPWG5QWVJ5WKVG /KPPGCRQNKU/0 MINNEAPOLIS MARRIOTT WEST CONDITIONAL USE PERMIT APPLICATION PLAT MAP - 350 FT $WU Ä(CZ Ä 9CUJKPIVQP#XGPWG5QWVJ5WKVG /KPPGCRQNKU/0 MINNEAPOLIS MARRIOTT WEST CONDITIONAL USE PERMIT APPLICATION DORA TREE & SHRUB INVENTORY $WU Ä(CZ Ä 9CUJKPIVQP#XGPWG5QWVJ5WKVG /KPPGCRQNKU/0 MINNEAPOLIS MARRIOTT WEST CONDITIONAL USE PERMIT APPLICATION SITE PLAN $WU Ä(CZ Ä 9CUJKPIVQP#XGPWG5QWVJ5WKVG /KPPGCRQNKU/0 MINNEAPOLIS MARRIOTT WEST CONDITIONAL USE PERMIT APPLICATION GRADING AND EROSION CONTROL PLAN $WU Ä(CZ Ä 9CUJKPIVQP#XGPWG5QWVJ5WKVG /KPPGCRQNKU/0 MINNEAPOLIS MARRIOTT WEST CONDITIONAL USE PERMIT APPLICATION UTILITY PLAN $WU Ä(CZ Ä 9CUJKPIVQP#XGPWG5QWVJ5WKVG /KPPGCRQNKU/0 MINNEAPOLIS MARRIOTT WEST CONDITIONAL USE PERMIT APPLICATION DETAILS $WU Ä(CZ Ä 9CUJKPIVQP#XGPWG5QWVJ5WKVG /KPPGCRQNKU/0 MINNEAPOLIS MARRIOTT WEST CONDITIONAL USE PERMIT APPLICATION LANDSCAPE PLAN $WU Ä(CZ Ä 9CUJKPIVQP#XGPWG5QWVJ5WKVG /KPPGCRQNKU/0 MINNEAPOLIS MARRIOTT WEST CONDITIONAL USE PERMIT APPLICATION LANDSCAPE PLAN ENLARGEMENT $WU Ä(CZ Ä 9CUJKPIVQP#XGPWG5QWVJ5WKVG /KPPGCRQNKU/0 MINNEAPOLIS MARRIOTT WEST CONDITIONAL USE PERMIT APPLICATION DORA PLAN $WU Ä(CZ Ä 9CUJKPIVQP#XGPWG5QWVJ5WKVG /KPPGCRQNKU/0 0.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.10.10.20.20.20.20.20.20.10.10.10.00.00.10.10.30.71.01.31.71.71.31.10.80.40.20.10.10.20.30.71.11.31.71.71.31.10.80.40.20.10.20.30.91.31.61.81.81.61.61.20.70.30.10.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 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Watts11AABACK-BACK220000.750LUMARK TRIBUTE USED TO REPRESENT UNKNOWN EXISTING 250W MH2839BBSINGLE220000.750LUMARK TRIBUTE USED TO PRESENT UNKNOWN EXISTING 250W MH28328FFSINGLE85000.750MCGRAW BRC-42-100-MP-MT-BZ100Calculation SummaryLabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinPROPERTY LINEIlluminanceFc0.291.80.0N.A.N.A.SITE CALCIlluminanceFc0.3820.40.0N.A.N.A.LOT 1IlluminanceFc1.526.70.115.2067.00LOT 2IlluminanceFc0.904.20.0N.A.N.A.LOT 3IlluminanceFc1.676.80.0N.A.N.A.LOT 4IlluminanceFc1.064.00.0N.A.N.A.NOTE:LUMARK TRIBUTE TYPE 3 AND TYPE 5 250W MH SHOEBOX WITH FORMED OPTICS USED FOR LIGHT LEVELSMAY NOT MATCH WHAT IS INSTALLED ON SITENOTE:LUMARK TRIBUTE TYPE 3 AND TYPE 5 250W MH SHOEBOX WITH FORMED OPTICS USED FOR LIGHT LEVELSMAY NOT MATCH WHAT IS INSTALLED ON SITEMINNEAPOLIS MARRIOTT WEST CONDITIONAL USE PERMIT APPLICATION PHOTOMETRIC PLAN $WU Ä(CZ Ä 9CUJKPIVQP#XGPWG5QWVJ5WKVG /KPPGCRQNKU/0 A5.21 A5.1 A5.2 A5.1 1 2 2 A A B B C C D D E E F F G G H H I I J J 11 22 33 44 55 66 77 88 ELEV E1 ELEV E2 593 SF KITCHEN 233 SF WOMEN 231 SF MEN 211 SF STAIR 169 SF MECHANICAL 146 SF GENERAL MANAGER OFFICE 131 SF OFFICE 289 SF LAUNDRY 50 SF COMPUTER / TELEPHONE 108 SF OFFICE 187 SF ADMIN 215 SF STAIR 258 SF K 251 SF K 254 SF K 322 SF QQ ACC 321 SF QQ ACC 321 SF QQ ACC 230 SF K773 SF MEETING ROOM 719 SF RECEPTION 143 SF ELECTRICAL 47 SF WC 47 SF WC 331 SF EMPLOYEE BREAK ROOM 48 SF LUGGAGE 63 SF MARKET 329 SF BUSINESS LIBRARY QUICK PRINT LOUNGE TV MEDIA PODS BISTRO CARTS 41' - 3"26' - 11"68' - 2"10' - 0 7/16"83' - 9 3/16"54' - 6 3/4"10' - 10 1/8"43' - 0 15/16"13' - 11 5/16" 1' - 0" 217' - 2 3/4"26' - 1 1/2"6' - 6 1/2"25' - 5 1/4"6' - 9 7/16"64' - 10 11/16"213' - 6 1/8"3' - 8 5/8" 217' - 2 3/4"RCSMBus: (612) 395−7000 Fax: (612) 395−7002500 Washington Avenue South, Suite 3000Minneapolis, MN 55415BUSINESS & COMMUNITIESDEVELOPING REAL ESTATE FOR PEOPLE,Architecture Engineering Planning Interiors© , DLR Group inc., a Minnesota corporation, ALL RIGHTS RESERVEDBENJAMIN TALPOSREVISIONS3/11/2016 12:56:35 PMC:\Revit\40-16121-00_AR_Central_2015_gibarra.rvt40-16121-00March 11, 2016COURTYARD MARRIOT -ST. LOUIS PARK, MNCONDITIONALUSE PERMITAPPLICATIONFLOOR PLAN, LEVEL 1A1.1NORTH SCALE: 1/8" = 1'-0" FLOOR PLAN, LEVEL 1 A A B B C C D D E E F F G G H H I I J J 33 44 55 66 77 88 14' - 8 1/2" 12' - 8" 243 SF K 236 SF K 235 SF K 236 SF K236 SF K 271 SF QQ269 SF QQ 270 SF QQ 268 SF QQ 270 SF QQ268 SF QQ 208 SF LOBBY272 SF K 298 SF K ACC 238 SF K 244 SF K 263 SF K 239 SF K 237 SF K 239 SF K 237 SF K 239 SF K 237 SF K 239 SF K 237 SF K 239 SF K 237 SF K 238 SF K 238 SF HK 67 SF ELEV 67 SF ELEV 69 SF ICE/ VEND. 1243 SF CORRIDOR 211 SF STAIR 215 SF STAIR 76 SF Room 217' - 2 3/4"58' - 1 1/4"10' - 0 7/16"47' - 6 7/16"8' - 9 1/4"82' - 0 1/4"67' - 10 3/8"1' - 0"19' - 5 7/8"41' - 3"60' - 8 7/8"25' - 5 1/4"6' - 6 1/2"26' - 1 1/2"213' - 6 1/8"3' - 8 5/8" 217' - 2 3/4"RCSMBus: (612) 395−7000 Fax: (612) 395−7002500 Washington Avenue South, Suite 3000Minneapolis, MN 55415BUSINESS & COMMUNITIESDEVELOPING REAL ESTATE FOR PEOPLE,Architecture Engineering Planning Interiors© , DLR Group inc., a Minnesota corporation, ALL RIGHTS RESERVEDBENJAMIN TALPOSREVISIONS3/11/2016 12:06:58 PMC:\Revit\40-16121-00_AR_Central_2015_gibarra.rvt40-16121-00March 11, 2016COURTYARD MARRIOT -ST. LOUIS PARK, MNCONDITIONALUSE PERMITAPPLICATIONFLOOR PLAN, LEVEL 2-3A1.2NORTH SCALE: 1/8" = 1'-0" FLOOR PLAN, LEVELS 2-3 UP A A B B C C D D E E F F G G H H I I J J 33 44 55 66 77 88 297 SF QQ 237 SF K 235 SF K236 SF K 236 SF K271 SF QQ 269 SF QQ 270 SF QQ 268 SF QQ 270 SF QQ268 SF QQ 238 SF HK 272 SF K ACC 298 SF K ACC 238 SF K 244 SF K 263 SF K 239 SF K 237 SF K 239 SF K 237 SF K 239 SF K 237 SF K 239 SF K 237 SF K 239 SF K 237 SF K 238 SF K 67 SF ELEV 67 SF ELEV 210 SF LOBBY 69 SF ICE/ VEND. 1243 SF CORRIDOR 211 SF STAIR 215 SF STAIR 76 SF Room 41' - 3"19' - 5 7/8"60' - 8 7/8"10' - 0 7/16"47' - 6 7/16"8' - 9 1/4"82' - 0 1/4"52' - 11 5/8"15' - 10 3/4" 217' - 2 3/4"26' - 1 1/2"34' - 7 3/8"60' - 8 7/8"213' - 6 1/8"3' - 8 5/8" 217' - 2 3/4"RCSMBus: (612) 395−7000 Fax: (612) 395−7002500 Washington Avenue South, Suite 3000Minneapolis, MN 55415BUSINESS & COMMUNITIESDEVELOPING REAL ESTATE FOR PEOPLE,Architecture Engineering Planning Interiors© , DLR Group inc., a Minnesota corporation, ALL RIGHTS RESERVEDBENJAMIN TALPOSREVISIONS3/11/2016 12:07:01 PMC:\Revit\40-16121-00_AR_Central_2015_gibarra.rvt40-16121-00March 11, 2016COURTYARD MARRIOT -ST. LOUIS PARK, MNCONDITIONALUSE PERMITAPPLICATIONFLOOR PLAN, LEVELS 4-6A1.3NORTH SCALE: 1/8" = 1'-0" FLOOR PLAN, LEVELS 4-6 LEVEL 01 0" LEVEL 02 14' - 0" LEVEL 03 23' - 0" ABCDEFGHIJ LEVEL 04 32' - 0" LEVEL 05 41' - 0" LEVEL 06 50' - 0" ROOF 59' - 0"14' - 0"9' - 0"9' - 0"9' - 0"9' - 0"9' - 0"6' - 0"65' - 0"PREFINISHED METAL PANEL COLOR 1 FIBER CEMENT PANEL COLOR 2 GUESTROOM WINDOW W/ PREFINISHED ALUMINUM SHADOW BOX SURROUND AND METAL PANEL INSERT COLOR 3 ALUMINUM & GLASS STOREFRONT SYSTEM CEMENT PLASTER (STUCCO) COLOR 1 CEMENT PLASTER (STUCCO) COLOR 1 FIBER CEMENT PANEL COLOR 2 PREFINISHED METAL PANEL COLOR 1 MECHANICAL LOUVERS PAINTED STEEL COLUMNS AND CANOPY FASCIA30' - 4"34' - 8"LIGHT FIXTURE LEVEL 01 0" LEVEL 02 14' - 0" LEVEL 03 23' - 0" A B C D E F G H I J LEVEL 04 32' - 0" LEVEL 05 41' - 0" LEVEL 06 50' - 0" ROOF 59' - 0"6' - 0"9' - 0"9' - 0"9' - 0"9' - 0"9' - 0"14' - 0"65' - 0"PREFINISHED METAL PANEL COLOR 1 GUESTROOM WINDOW W/ PREFINISHED ALUMINUM SHADOW BOX SURROUND AND METAL PANEL INSERT COLOR 3 ALUMINUM & GLASS STOREFRONT SYSTEM CEMENT PLASTER (STUCCO) COLOR 1 MECHANICAL LOUVERS PREFINISHED METAL PANEL COLOR 1 LIGHT FIXTURE LINK TO EXISTING MARRIOT BUILDING RCSMBus: (612) 395−7000 Fax: (612) 395−7002500 Washington Avenue South, Suite 3000Minneapolis, MN 55415BUSINESS & COMMUNITIESDEVELOPING REAL ESTATE FOR PEOPLE,Architecture Engineering Planning Interiors© , DLR Group inc., a Minnesota corporation, ALL RIGHTS RESERVEDBENJAMIN TALPOSREVISIONS3/11/2016 12:55:42 PMC:\Revit\40-16121-00_AR_Central_2015_gibarra.rvt40-16121-00March 11, 2016COURTYARD MARRIOT -ST. LOUIS PARK, MNCONDITIONALUSE PERMITAPPLICATIONEXTERIOR ELEVATIONSA5.1SCALE: 1/8" = 1'-0"A5.1 1 NORTH ELEVATION SCALE: 1/8" = 1'-0"A5.1 2 SOUTH ELEVATION LEVEL 01 0" LEVEL 02 14' - 0" LEVEL 03 23' - 0" 12345678 LEVEL 04 32' - 0" LEVEL 05 41' - 0" LEVEL 06 50' - 0" ROOF 59' - 0"6' - 0"9' - 0"9' - 0"9' - 0"9' - 0"9' - 0"14' - 0"65' - 0"PREFINISHED METAL PANEL COLOR 1 FIBER CEMENT PANEL COLOR 2 CEMENT PLASTER (STUCCO) COLOR 1 34' - 8"30' - 4"LIGHT FIXTURE LEVEL 01 0" LEVEL 02 14' - 0" LEVEL 03 23' - 0" 1 2 3 4 5 6 7 8 LEVEL 04 32' - 0" LEVEL 05 41' - 0" LEVEL 06 50' - 0" ROOF 59' - 0"6' - 0"9' - 0"9' - 0"9' - 0"9' - 0"9' - 0"14' - 0"65' - 0"PREFINISHED METAL PANEL COLOR 1 FIBER CEMENT PANEL COLOR 2 CEMENT PLASTER (STUCCO) COLOR 1 RCSMBus: (612) 395−7000 Fax: (612) 395−7002500 Washington Avenue South, Suite 3000Minneapolis, MN 55415BUSINESS & COMMUNITIESDEVELOPING REAL ESTATE FOR PEOPLE,Architecture Engineering Planning Interiors© , DLR Group inc., a Minnesota corporation, ALL RIGHTS RESERVEDBENJAMIN TALPOSREVISIONS3/11/2016 12:56:04 PMC:\Revit\40-16121-00_AR_Central_2015_gibarra.rvt40-16121-00March 11, 2016COURTYARD MARRIOT -ST. LOUIS PARK, MNCONDITIONALUSE PERMITAPPLICATIONEXTERIOR ELEVATIONSA5.2SCALE: 1/8" = 1'-0"A5.2 1 EAST ELEVATION SCALE: 1/8" = 1'-0"A5.2 2 WEST ELEVATION 186676v2 CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Shana N. Conklin Amy B. Schutt James J. Mongé, III David H. Schultz Kurt S. Fischer Grand Oak Office Center I 860 Blue Gentian Road Suite 290, Eagan, MN 55121 Telephone: 651-452-5000 Direct Dial: 651-234-6217 Cellular: 651- 470-2993 Fax: 651-234-6237 E-mail: smattick@ck-law.com TRAINING MATERIALS ST. LOUIS PARK PLANNING COMMISSION April 2016 186676v2 1 LAND USE PLANNING I. MUNICIPAL AUTHORITY TO PLAN A. MUNICIPAL LAND USE PLANNING ACT. This Act provides the authority and uniform procedures for conducting and implementing municipal planning for all cities. The Act was adopted by the legislature in 1965. Comprehensive plans and zoning ordinances must comply with both the substantive and procedural requirements under the Act. B. METROPOLITAN LAND USE PLANNING ACT. Cities in the seven- county area are also empowered and governed by the Metropolitan Land Use Planning Act. This, unlike the Municipal Land Use Planning Act, requires adoption of a Comprehensive Plan before a zoning ordinance may be adopted or amended. These requirements do not apply outside of the seven-county metro area. 1. Policy. The Metropolitan Land Use Planning Act is based on the following stated policy: coordinated land use plans, controls and programs are necessary to facilitate orderly development and for the general welfare of the public, since metropolitan area local units of government are interdependent, and problems of urbanization and development transcend local boundaries. 2. Comprehensive Municipal Plans Required. Under the Act, each local unit of government is required to adopt a Comp Plan that must be approved by the Metropolitan Council. 3. Compliance with Met Council Plans. Comp Plans must comply with various metropolitan systems of the Met Council covering such issues as: a. Transportation; b. Parks; c. Sanitary Sewer Systems; d. Airports. 4. Prohibition Against Adoption of Inconsistent Official Controls. Once in place, the Met Land Planning Act prohibits cities from adopting official controls that conflict with the Comp Plan. In 1997 the legislature amended the relevant statutes to require conflicting 186676v2 2 ordinances to be “consistent” with the Comp Plan. State law also requires that when the plan is amended, zoning ordinances and other official controls must be amended within nine months so as not to conflict. II. ROLE OF THE PLANNING COMMISSION The Municipal Land Planning Act imposes several duties on a Planning Commission: A. PREPARATION AND REVIEW OF COMPREHENSIVE PLAN. The planning commission creates the comprehensive plan and coordinates planning activities with other departments, typically with the help of a planning staff, outside planning consultants and the input of the public through neighborhood meetings and/or public hearings. B. COORDINATION AND REVIEW WITH OTHER LOCAL UNITS OF GOVERNMENT. Planning Commissions must consider the planning activities of adjacent units of government and other affected public agencies. C. PERIODIC REVIEW. The Planning Commission must periodically review the Comp Plan and recommend amendments when necessary. D. ADOPTION OF THE COMP PLAN. The Planning Commission recommends adoption of the Comp Plan or amendments after a hearing preceded by 10 days' publication of notice in the official newspaper. The City Council may not act upon a Comp Plan or amendment until receipt of recommendation by the Planning Commission or until 60 days have elapsed from date amendment was submitted to Planning Commission by Council. After approval by the Planning Commission, the Comp Plan is submitted to the Council for final review and approval by 2/3 vote of the Council. E. RECOMMENDATION OF THE PLANNING COMMISSION. The Planning Commission must study and propose the means of putting the Comp Plan into effect, including zoning, subdivision regulations, official maps, a program of public improvements and services, city renewal and redevelopment, and a capital improvement program. F. REVIEW OF LAND ACQUISITIONS AND CAPITAL IMPROVEMENTS. Once a Comp Plan is adopted, all proposed land acquisitions and capital improvements of the City must go to the Planning Commission for its review and recommendation to Council. The Planning 186676v2 3 Commission will then submit a written report describing its findings. However, the Council may dispense with this requirement by a 2/3 vote, if it feels no planning issues are involved. G. REVIEW OF LAND USE CONTROL MEASURES. The Planning Commission is responsible for reviewing land use control measures. The Municipal Land Planning Act requires the Planning Commission to review zoning ordinance amendments, subdivision plats and official maps. Public hearings may be held before the Planning Commission, but the Council will make the final determination. III. ZONING: IMPORTANT TOOL TO IMPLEMENT COMPREHENSIVE PLAN A. PURPOSE. Zoning establishes a land use pattern and the orderly development of various types of districts according to the best use of particular areas of a community. Zoning ordinances may be enacted for the general purposes of preserving and protecting the public health, safety, morals and general welfare. Zoning is the most commonly used technique in implementing the goals and policies of the Comprehensive Plan. It is the legal means to ensure that the goals of the Comprehensive Plan are carried out. B. AUTHORITY. M.S. § 462.351-.365. C. WHAT ZONING ORDINANCES MAY REGULATE. The basic land use controls of the City are found in its zoning ordinance, which regulates among other things: The location, height, bulk, number of stories, size of buildings and other structure; The percentage of lot which may be occupied, the size of yards and other open spaces; The density and distribution of population; The uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes; The uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation, conservation of shorelands, access to direct sunlight for solar energy systems, flood control or other purposes, and may establish standards and may establish procedures regulating such uses; 186676v2 4 Zoning ordinances are construed by the courts according to their plain meaning and in favor of the property owner. D. ZONING MAP. Zoning ordinances may divide the city into districts or zones of suitable numbers, shape and area. The zoning map will identify the boundaries of the various zoning use districts. E. UNIFORMITY REQUIRED WITHIN ZONING DISTRICTS. The zoning regulations may vary across different districts, but within each district the regulations must be uniform for each class or kind of building, structure, land or use. F. PROCEDURES FOR ADOPTING AND AMENDING ZONING ORDINANCES. 1. Similar to Amendments of the Comp Plan. The Planning Commission may submit proposed ordinances to the Council at any time. 2. Studies. After conducting studies to ascertain that the official controls or regulations necessary to implement the Comp Plan, the Planning Commission submits the proposed zoning ordinance to the Council. At this time, the Planning Commission should also consider: a) preparation of a tentative official map; b) proposed subdivision regulations; and c) capital improvement program and any other necessary official controls. 3. Notice and Public Hearing Requirements. After new zoning ordinances or amendments to existing ones have been proposed, the Planning Commission must hold at least 1 public hearing. Notice of the public hearing must be published at least 10 days prior to the hearing date. Mailed notice to affected property owners may also be required. 4. Revisions. Following the public hearing, the Planning Commission reviews the proposed zoning ordinance or amendment in light of information received at the public hearing and makes any appropriate and reasonable revisions. 186676v2 5 5. Submission to Council. The Planning Commission then presents the zoning ordinance or amendment in final draft form along with a report to the Council. 6. Publication. After the Council adopts new zoning ordinances or amendments, the Council must publish or summarize them in the official newspaper. G. PERMITTED, ACCESSORY AND CONDITIONAL USES 1. Permitted Uses. a. Defined as uses that property owners have a right to engage in as provided within the zoning district. b. No discretion to deny. It is generally arbitrary and unlawful to deny a building permit for a permitted use, unless the zoning is subsequently changed to prohibit the use. c. Normally there is no review by either the Planning Commission or the Council. Rather, the applicant merely applies for a building permit with supporting documentation that the use is permitted. 2. Accessory Uses. Defined as those uses that cannot stand alone and must be accompanied by a principal, permitted use. 3. Conditional Uses. Defined as uses permitted in a zoning district under the zoning ordinance, if certain conditions, designated by the Council or specified in the zoning district, are met. 4. Uses Which Are Not Permitted In Zoning District. a. In order for a use to be allowed in a specific zone or use district, it must be listed as a permitted or conditional use in the zoning ordinance, or must be similar enough to such a listed use so as to be included by City staff, Planning Commission or Council interpretation or by application of common sense. (e.g. medical clinic includes a dental clinic but not a veterinary clinic) b. No Use Variance May Be Granted, except the temporary use of a one family dwelling as a two family dwelling. 186676v2 6 c. Applicant Options. If the use is neither permitted or a conditional use in the zone or use district, the applicant can: i) apply for a rezoning to a zone or use district in which it is a permitted or conditional use; OR ii) request that the City amend its zoning ordinance to allow the use as a permitted or conditional use in the zoning or use district where the property is located. H. INTERIM USES. An interim use is a temporary use of property until a certain date or until the use is no longer permitted. The intent is to allow a use for limited period of time that reasonably utilizes the property when the use contemplated under the comprehensive plan is not currently reasonable and to allow a use that while currently acceptable, may be unacceptable in light of future anticipated development. Authority of an interim use must be provided for in the zoning ordinance where conditions for the use are also specified. Often interim uses are used for mining activities or agricultural activities in a developing area. IV. CONDITIONAL USE PERMITS A. WHAT IS IT? A type of land use in a particular district which is presumed to be allowed, but requires special, additional standards and review due to the existence of some aspect of the use which may create a nuisance or place an extraordinary burden on public services. By far, the most commonly litigated zoning matter. B. NEXUS REQUIREMENT. Courts require that any conditions placed on the conditional use permit to be issued must have a direct connection or a nexus between the problem identified and the condition required as the cure. The need for the conditions must be supported by evidence in the record. C. TIME LIMITS. Although previously a common practice in many communities, time limits on a conditional use permit are not a permitted condition. A “sunset provision” is not permissible. If a time limit is determined to be necessary, then the use should be identified as an interim use, not a conditional use. A conditional use permit runs with the land forever, regardless of a change in landowner. A CUP need not be “renewed.” CUPs remain in effect for as long as the conditions are observed. 186676v2 7 D. NOTICE AND HEARING. State law requires a public hearing preceded by notice. E. LIMITED DISCRETION. The City's discretion is limited in the case of an application for a conditional use permit. The City MUST grant the CUP if the applicant has satisfied all the conditions. NEIGHBORHOOD OPPOSITION ALONE IS AN INSUFFICIENT BASIS FOR A DENIAL. CUPs are the most commonly litigated zoning matter and Cities lose challenges to a CUP decision more than any other land use approval. F. QUASI-JUDICIAL DECISIONMAKING. In denying or approving a CUP, a City is exercising quasi-judicial decision-making, in which it is applying specific standards set by the zoning ordinance. This should be contrasted with City legislative decisions, in which the City is engaged in forming public policy, such as the adoption of a comp plan or zoning ordinance. While the courts tend to give great deference to the City when it is acting in its legislative capacity in crafting public policy, the courts give substantially less deference to the City when it exercises quasi-judicial decision-making, e.g. where the public policy has already been established under the zoning ordinance and the inquiry focuses on whether the proposed use is contrary to the general welfare as established in the Zoning Ordinance. Courts tend to think that they can apply the criteria set forth in the zoning ordinance to a particular use, just as well as the City can. V. VARIANCES A. DEFINED. A variance is a request to use property in a way not generally permitted by the zoning ordinance, but which may be allowed by the City in special cases only, e.g., by varying one or more of the performance standards, such as lot area, setbacks, lot width or depth. B. PRACTICAL DIFFICULTIES. In 2011, the statutory test for granting a variance was changed from “undue hardship.” An applicant must now demonstrate the existence of “practical difficulties” before a variance may be granted. "Practical difficulties" means the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance, but the use is prohibited by the ordinance, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute an undue hardship. Further, variances are only permitted when they are in harmony with the general 186676v2 8 purposes and intent of the zoning ordinance and when the variances are consistent with the comprehensive plan. C. GUIDANCE IN GRANTING OR DENYING A VARIANCE FROM ZONING RESTRICTIONS. Since the “practical difficulties” standard guiding municipal variance authority is still quite new, there are no cases interpreting the meaning of the standard. The new standard, which is meant to restore municipal variance authority, mirrors the standard providing variance authority on the county level. Minnesota courts have interpreted the county statute’s “practical difficulties” standard. Since the wording of the municipal and county statutes are now nearly identical, case law interpreting the county’s finding of “practical difficulties” is instructive in understanding the meaning of the municipal statute. The Minnesota Supreme Court has identified twelve factors for a county to consider when determining whether a landowner faces “practical difficulties,” including: 1. How substantial the variation is in relation to the requirement; 2. The effect the variance would have on government services; 3. Whether the variance will effect a substantial change in the character of the neighborhood or will be a substantial detriment to neighboring properties; 4. Whether the practical difficulty can be alleviated by a feasible method other than a variance; 5. How the practical difficulty occurred, including whether the landowner created the need for the variance; and 6. Whether, in light of all of the above factors, allowing the variance will serve the interests of justice. In situations where a party seeks a variance after already violating a provision of a zoning ordinance, the Supreme Court has recommended consideration of the following additional factors: 7. The applicant’s good faith; 8. The applicant’s attempt to comply with the ordinance; 9. The applicant’s investment in the construction; 10. Whether the construction was completed; 11. Whether similar structures existed in the area; and 12. Whether the benefit to the public in denying the variance outweighs the burden on the applicant to comply with the zoning ordinance. 186676v2 9 D. STATUTORY CONSIDERATIONS. Variances may be granted when: 1. The variance is in harmony with general intent and purpose of the Ordinance. 2. The variance is consistent with the comprehensive plan. 3. Applicant establishes that there are practical difficulties with complying with the zoning ordinance. Practical difficulties are: i. property will be used in a reasonable manner. ii. There are circumstances unique to property not caused by landowner. iii. The variance will not alter essential character of locality. E. CITY CODE CONSIDERATIONS. Section 36-34 of the Zoning Code controls variances. The primary considerations for variance review under the City’s Ordinance, are as follows: a. The effect of the proposed variance upon the health, safety and welfare of the community. b. The request is in harmony with the general purposes and intent of the ordinance and, c. The request is consistent with the comprehensive plan. d. The applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. “Practical difficulties,” as used in connection with the granting of a variance, means that: 1. The property owner proposes to use the property for a land use permitted in the zoning district in which the land is located. A variance can be requested for dimensional items required in the zoning ordinance, including but not limited to setbacks and height limitations; 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner; and, 3. The variance, if granted, will not alter the essential character of the locality. 186676v2 10 4. Economic considerations alone do not constitute practical difficulties. 5. Practical difficulties include inadequate access to direct sunlight for solar energy systems. e. There are circumstances unique to the property include the shape, topography, water conditions, or other physical conditions unique to the property; and, f. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and, g. The granting of the variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety; and, h. The granting of the variance will not merely serve as a convenience to the applicant but is necessary to alleviate a practical difficulty. F. DISCRETION IN GRANTING OR DENYING A VARIANCE FROM ZONING RESTRICTIONS. 1. Broad discretion is permitted when denying a request for a variance, but there must be a legally sufficient reason for denial. Written findings of fact should be prepared and adopted concerning the reasons for denial or approval and the facts upon which the decisions is based, based on the statutory requirements. 2. The decision cannot be arbitrary. 3. A variance is typically required only where there has been an unlawful taking of property, demonstrated by the landowner's inability to put the land to any beneficial use unless the variance is granted. 4. Applicant bears the heavy burden to show that a variance is necessary. 5. Variances are not permitted for a use not permitted under the ordinance for property in the zone where the affected land is located. G. PROBLEMS. The approval/denial of variances is often considered one of the greatest land use problems faced by local officials. While some cities strictly adhere to their official controls, granting variances in only those situations required by law, some cities are very liberal in granting variances. The problem arises when a city planning commission and council do not 186676v2 11 agree on the instances appropriate for granting/denial of a variance. If a City has numerous variance applications, it may be that the City is known for granting variances, or that a change in the City’s official control on a particular performance standard should be reviewed for modification. Ideally, it is better to change an official control to reflect the standard set by the City, rather than to continually grant variances to a standard that is not adhered to. VI. TIME LIMITS A. 60 DAY RULE. The legislature enacted an ordinance limiting the time in which a local unit of government has to act upon certain land use related applications. Within 60 days of submittal of an application, cities are required to approve or deny the request, or the request is deemed approved. This section does not apply to subdivisions applications, which operate under a separate timeframe of 120 days for approval of a preliminary plat and 60 days to review and approve a final plat (M.S. § 462.358). B. INCOMPLETE APPLICATION. The 60 days does not begin to run until the application is complete, but the determination that an application is incomplete must be made within 15 days of its submission by written notice to the applicant or the 60 day period will begin regardless of the incomplete application. C. EXTENSIONS. 1. Automatic 60-Day Extension. Within the 60-day period, an automatic extension of no more than 60 days can be obtained by providing the applicant written notice of the reason for the extension and specifying the additional time needed. 2. Applicant Approval. Other extensions are available only with the applicant's written approval. D. APPLICATION TO PLANNING COMMISSION. In light of the 60-day time limit for final council action, it is important for the Planning Commission to act well within the 60 day period to allow ample time for Council review. E. DENIALS IN WRITING. If a City denies a land use request, it must state in writing the reasons for the denial at the time of the denial or at the next meeting (provided it is within the 60 day time-period). It must also state the reasons for denial on the record and provide the applicant a written statement 186676v2 12 of the reasons for the denial. The written statement must be consistent with the reasons stated in the record. Because of the foregoing requirement, it is helpful for the City Council if the Planning Commission adopts written findings of fact for its decisions, particularly for recommendations of denial that can be reviewed by the City Council and modified for the City Council's decision. VII. PUBLIC HEARINGS A. TYPE OF HEARINGS. 1. Statutory 2. Informational B. PURPOSE. The purpose of a hearing is to give public input. In many instances the hearing is not only a statutory requirement, it is an ordinance requirement. C. STATUTORY. An example of public hearings required by statute: Amending Zoning Ordinance Amending Comprehensive Plan Approving Preliminary Plats CUP’s IUP’s D. NOTICE. Each statute specifies the type of notice that is required, who it must be sent to, and when it must be sent. Can't simply be an agenda item. E. DUE PROCESS. The concept of “procedural due process” is a constitutional protection, which constrains the government from depriving an individual of a liberty or property interests without granting that individual notice and an opportunity to be heard "at a meaningful time and in a meaningful manner." F. IMPARTIALITY. To provide a fair hearing, board and commission members should disclose at any hearing prior meetings or contact with applicants, opposition groups, and citizens and also disclose what was learned. It is also important to keep an open mind and not to make any commitment or announce how you will vote. 186676v2 13 “The district court found that Councilmember Goodman, who took part in making the council's decision: “took a position in opposition and exhibited a closed mind with regard to [CPG's] proposed project prior to hearing [CPG's] appeal”; “adopted an advocacy role in opposition to [CPG's] proposed project well before she discharged her quasi-judicial duties”; and “was clearly involved in an effort not only to assist to organize and mobilize neighborhood opposition to the project, but also to sway the opinions of her fellow council members.” The court also noted that “the opinion of the council member in whose ward a project is proposed is given substantial weight” by other members of the council. We therefore conclude that the city council's decision was arbitrary and capricious ….” Continental Property Group v. Minneapolis (Mn. Ct. App. 2011). VIII. GENERAL CONSIDERATIONS FOR PUBLIC BODIES A. CONFLICTS OF INTEREST. 1. Contracts. Under Minn. Stat. § 471.87, with limited exceptions, a Council member may not have a personal financial interest in a sale, lease, or contract with the City. Law applies to all public officers who are "authorized to take part in any manner in making any sale, lease, or contract in official capacity." Exceptions and special approval procedure may be available in a given fact situation. Simply abstaining from voting is not enough. Violation of this prohibition is a crime. 2. Non-Contracts. The general rule is that any official who has a personal financial interest in a non-contract action is disqualified from participating in the action. Courts evaluate certain factors to determine when a conflict requires disqualification. These include: the nature of the decision being made the nature of the financial interest the number of interested officials the need, if any, for the interested official to make the decision 186676v2 14 other means available, if any, such as an opportunity for review of the decision, that serves to insure that the officials will not act arbitrarily to further their selfish interests. 3. Best Practice. If you have an actual or potential financial interest in a decision to be made, disclose the conflict, abstain from voting, and don’t participate in the discussion. If you have any concerns, discuss them with the city attorney. Avoid even the appearance of a conflict. B. GIFT LAW. Pursuant to Minn. Stat. § 471.895, "An interested person may not give a gift or request another to give a gift to a local official. A local official may not accept a gift from an interested person." “Local Official” means an elected or appointed official of a city. “Interested Person” means a person who has a direct financial interest in a decision that a local official is authorized to make. “Gift” means money, real or personal property, a service or loan, forgiving a debt or a promise of future employment without the giver being paid equal value. Exceptions include: campaign contributions plaques or mementos recognizing service trinket or memento of insignificant value food if you appear to make a speech gifts given because of your membership in a group, a majority of whose members are not local officials gifts by a member of your family CASE STUDY: DEVELOPING SUPPORTABLE FINDINGS OF FACT BACKGROUND: Applicant recently purchased an industrial property with the intent of converting it into a self-storage building. A building permit for the conversion was issued by the City. A second building permit was submitted on April 28th to add a second floor inside the building to create additional self-storage units for rental. This permit brings the FAR up to 0.5. There is additional space within the building that could accommodate more second floor construction, however, a variance would be required to increase the FAR to 0.7. The increase from .5 to .7 will meet all other performance standards of the zoning ordinance (i.e. parking, setbacks, etc.). 1) Should a variance be granted? 2) What does it take for the applicant to establish a practical difficulty? DRAFT RESOLUTION NO. __________ RESOLUTION ADOPTING FINDINGS AND DECISION APPROVING THE APPLICANT FOR VARIANCE BE IT RESOLVED by the City that the following Findings and Decision are adopted granting the variance to the maximum allowed Floor Area Ratio (FAR). PROCEDURAL BACKGROUND 1. Applicant filed a written request for a variance related to the Floor Area Ratio (“FAR”). Specifically, the applicant is requesting a .7 FAR where only a .5 FAR is allowed. 2. This matter came on for hearing before the City Council. 3. The record consists of the following: a. Council staff report b. Letter requesting variance c. Development plans d. Staff report with attachments 4. The City Council closed the public hearing, and on a 4-2 vote directed staff to draft a Resolution approving the variance applicant. FINDINGS OF FACT 1. The property is located at _________________________________________ (“Subject Property”). 2. The Subject Property is zoned Industrial Park (IP). 3. The applicant is seeking to add a second floor inside the building that would result in a .7 FAR where a .5 FAR is allowed. 4. When reviewing a variance, the following criteria are examined: A. The effect of the proposed variance upon the health, safety, and welfare of the community. The construction will be contained within the existing building, and therefore, will not add additional height to the structure. A self-storage facility generates minimal traffic. B. Whether or not the request is in harmony with the general purposes and intent of the Zoning Ordinance. The project is a low intensity warehousing-type use, which is in harmony with the general purposes and intent of the ordinance. The purpose and intent of the I-P District is to provide locations for large and small scale industrial enterprises engaged in activities including storage, warehousing, and light manufacturing, which are not typically associated with high levels of noise, soot, odors, and other potential nuisance impacts upon adjoining properties in an industrial park setting. C. Whether or not the request is consistent with the Comprehensive Plan. The request to allow more FAR than is otherwise allowed per the zoning ordinance is not addressed by the Comprehensive Plan. D. Whether or not the applicant established that there are practical difficulties in complying with the Zoning Ordinance. Practical Difficulty means: 1. The proposed use is permitted in the zoning district in which the land is located. A variance can be requested for dimensional items only. The storage facility is permitted in this zoning district. 2. 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 and specifically the existing structure on the property. These circumstances are existing conditions and not created by the landowner. The building was constructed in three different phases, initially as two separate buildings that were later connected at the center. The result is a varying floor to ceiling clearance that is, in a large portion of the building, substantially higher than a traditional building story. The result is that the development of any usable space on the first floor leaves a substantial portion of “dead space” where a second floor would be located. 3. The variance, if granted, will not alter the essential character of the locality. The additional floor area is contained entirely within the existing building, and is not noticeable from the exterior. 4. Economic considerations alone do not constitute practical difficulties. Economic considerations are not the primary issue to be remedied by the variance. The practical difficulties arise out of the design, construction, and operation of a facility in which a portion of the structure remains dead space that must be designed around and also heated, cooled and secured. 5. 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. E. Whether or not there are circumstances unique to the shape, topography, water conditions, or other physical conditions of the property. The resulting physical condition is a varying floor to ceiling clearance that is in a large portion of the building substantially higher than a traditional building story. The result is that the development of any usable space on the first floor leaves a substantial portion of dead space where a second floor would be located. The dead space creates operational (heating, cooling, security, safety, etc.) concerns. F. 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 enables the property owner to utilize the space resulting from the high ceilings. G. 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. H. 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 variance will not merely serve as a convenience. The design and construction of the building results in wasted space that requires the expenditure of energy and resources to heat, cool, and secure. DECISION Based upon the above findings, the Board of Zoning Appeals’ denial of City’s variance applicant is reversed. The requested variance for 0.7 FAR instead of the maximum 0.5 allowed by the zoning ordinance is approved with the condition that the pavement of the south east portion of the property is removed and replaced with a rain garden and the additional façade improvements are made as illustrated in the attached exhibits. Reviewed for Administration: Adopted by the City Council ______________ City Manager Mayor Attest: City Clerk DRAFT RESOLUTION NO. __________ RESOLUTION ADOPTING FINDINGS AND DECISION DENYING THE VARIANCE PROCEDURAL BACKGROUND 1. Applicant filed a written request for a variance related to the Floor Area Ratio (“FAR”). Specifically, the applicant is requesting a .7 FAR where only a .5 FAR is allowed. 2. This matter came on for hearing before the City Council. 3. The record consists of the following: a. Council staff report b. Development plans c. Staff report with attachments FINDINGS OF FACT 1. The Subject Property is zoned Industrial Park (IP). 2. The applicant is seeking to add a second floor inside the building that would result in a .7 FAR where a .5 FAR is allowed. 3. When reviewing a variance, the following criteria are examined: A. The effect of the proposed variance upon the health, safety, and welfare of the community. The construction will be contained within the existing building, and therefore, will not add additional height to the structure. A self-storage facility generates minimal traffic. B. Whether or not the request is in harmony with the general purposes and intent of the Zoning Ordinance. Indoor storage is a permitted use in the Industrial Park District. However, the request isn’t about indoor storage. The City Code was established to create a uniform set of performance standards for all properties located in this zoning district. This request is not in harmony with the intent of the zoning ordinance. The request is to increase the FAR to 0.7 from 0.5 maximum allowed by law in the Industrial Park district. All properties in the Industrial Park district are required to maintain a FAR not to exceed 0.5. The request to exceed this maximum would give the Applicant more rentable floor area than allowed by any other property in this district. The variance would result in a potential competitive advantage over other properties that comply with City Code. If the Applicant desires additional floor area, then the Applicant could have requested rezoning to the General Industrial Zoning District which allows a FAR of 1.0. C. Whether or not the request is consistent with the Comprehensive Plan. The request to allow more FAR than is otherwise allowed per the zoning ordinance is not addressed by the Comprehensive Plan. D. Whether or not the applicant established that there are practical difficulties in complying with the Zoning Ordinance. Practical Difficulty means: 1. The proposed use is permitted in the zoning district in which the land is located. A variance can be requested for dimensional items only. The storage facility is permitted in this zoning district. 2. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. The Applicant has not demonstrated that there are any circumstances that are unique to the property. As noted in the Applicant’s letter, the variance would simply allow him to fill what he calls “dead space” resulting from the high ceilings. The applicant has not demonstrated that exceeding the allowed FAR would alleviate a circumstance that is unique to this particular property. High ceilings maximizing interior space does not constitute unique circumstances that justify exceeding the allowed FAR. 3. The variance, if granted, will not alter the essential character of the locality. The additional floor area is contained entirely within the existing building, and is not noticeable from the exterior. 4. Economic considerations alone do not constitute practical difficulties. The Applicant is in the process of renovating the building into a self-storage building that meets the 0.5 FAR maximum allowed by City Code, therefore: 1. The variance is not necessary to assist the Applicant in overcoming a practical difficulty in complying with the maximum 0.5 FAR. 2. The variance is not necessary to assist the Applicant to reach the 0.5 FAR allowed by code and enjoyed by all other property owners in the Industrial Park zoning district. 3. The Applicant has a reasonable use of the property without increasing the FAR beyond the limits as stated in the ordinance. 4. The only result of increasing the FAR to 0.7 is to increase the amount of rentable floor area, thereby increasing the income potential of the property. The applicant has not demonstrated that the variance is for anything other than economic considerations. 5. 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. E. Whether or not there are circumstances unique to the shape, topography, water conditions, or other physical conditions of the property. The Applicant is currently utilizing the property as a self-storage facility in a manner that meets the 0.5 FAR maximum. The self-storage facility is the use desired by the Applicant. The condition of the building is not unique to the neighborhood surrounding the building or located in the City. Below are 16 properties with buildings constructed around 1960 that have been added on to, yet they continue to be used in a manner that meets code. [property list omitted] There are no unique circumstances applying to this property that prevent the Applicant from achieving the maximum 0.5 FAR allowed by the City Code. The Applicant has not demonstrated any unique circumstances concerning this property that prevent the Applicant from enjoying a reasonable use of the property as provided in the City Code. F. Whether or not the granting of the variance is necessary for the preservation and enjoyment of a substantial property right. The variance is not requested to achieve the same maximum FAR allowed by code which is enjoyed by all other properties in the Industrial Park zoning district. The variance is requested to have more use of the land than is otherwise enjoyed by all other properties located in the Industrial Park zoning district. The 0.5 maximum FAR does not prohibit reasonable use of the property. The building has had reasonable use since it was constructed, and the Applicant is in the process of renovating it into a self-storage facility that meets the 0.5 FAR. The variance is not needed for the preservation and enjoyment of a substantial property right. G. 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. H. Whether or not the granting of the variance will merely serve as a convenience or is it necessary to alleviate a practical difficulty. A building permit was submitted to add additional floor space to bring the property up to the maximum 0.5 FAR allowed by City Code. The building permit demonstrates how the Applicant can use the building without a variance to overcome any difficulties. The Applicant stated that the variance would allow him to fill “dead space” with additional storage units he could rent out. These additional rental storage units are a convenience, and are not necessary to alleviate a practical difficulty resulting from complying with the 0.5 FAR maximum. The Applicant has failed to demonstrate that a practical difficulty exists as opposed to increasing the allowed FAR for mere convenience and the ability to maximize the interior space. DECISION Based upon the above findings, the Board of Zoning Appeals’ denial of City’s variance application is upheld. The appeal to the City Council is denied. Reviewed for Administration: Adopted by the City Council ______________ City Manager Mayor Attest: City Clerk 186683V2 CASE STUDY Applicant seeks to expand an existing senior living facility and applied for a CUP. Applicant’s submittals suggest that all conditions required by the CUP have been met. There are significant concerns by the neighbors regarding traffic. The Applicant’s traffic study suggests that all criteria regarding traffic will be met. The City does a separate traffic study that contradicts the Applicant’s study. Staff notes that the expansion of the CUP is inconsistent with the Comprehensive Plan. 1) Can a use contemplated by the Zoning Ordinance also be inconsistent with the Comprehensive Plan? 2) Can you deny the application for being inconsistent with the Comprehensive Plan? 3) Which traffic study controls the determination? 4) Traffic study v. generalized observations?