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HomeMy WebLinkAbout[05] Bayou Blues 5 Council Agenda Item MEETING DATE: November 10, 2014 AGENDA ITEM: Bayou Blues SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing to consider the PUD/rezoning/alley closure/Preliminary Plat for the Bayou Blues project on September 23, 2014 and continued on October 14. The Planning Commission recognized that the plans were not complete, but recommended approval contingent upon submittal of final plans. PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: Following this memo is the background information for the proposed development. BUDGET/FISCAL IMPACT: ATTACHMENTS: Request for Planning Commission Consideration Draft Development Agreement Extract of Planning Commission Minutes Material from the October 14, 2014 planning meeting REQUESTED COUNCIL ACTION: The developer is requesting approve of the Rezoning, PUD, Preliminary/Final Plat, Alley Closure and execution of development agreement. This page intentionally left blanl CITY OF ST. JOSEPH DEVELOPER AGREEMENT (For Bayou Blues Project) THIS AGREEMENT, made and entered into this _____ day of November, 2014, by and between Bayou Blues Alley Flats, LLC, a Minnesota limited liability company, and Collegeville Communities, LLC, a Minnesota limited liability company, hereinafter jointly called “Developer”, and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the “City”. WITNESSETH: WHEREAS, the Developer has purchased the following described property located within the City of St. Joseph: Phase One: Lot 001 Block 010 of TOWNSITE OF ST. JOSEPH; S134’ of LTS 1-2 & 3 BLK 10; and has a purchase agreement to purchase Lot 007 Block 010 of TOWNSITE OF ST. JOSEPH, N 125’ of Lot 007. Phase Two: and Lot 008 Block 010 of TOWNSITE OF ST. JOSEPH; S96’ of Lot 8 Blk 10. WHEREAS, the Developer wishes to develop the above-described property as a mixed density development, utilizing the St. Joseph PUD Ordinance, consisting of the following anticipated commercial uses: Phase 1: Three story building, not to exceed 40’ in height with a foot print of 8,520 Square feet. The entire first floor (100%) of the proposed structure will consist of permitted uses as identified in the 2011 Edition of the St. Joseph Code of Ordinances. The second and third floor shall consist of 18 residential units: ten (10) single bedroom units and eight (8) double bedroom units. Phase 2: Four unit condominium structure consisting of four (4) bedrooms. 1 WHEREAS, the Developer has submitted to the City for approval the plans and drawings listed on Exhibit A attached hereto and herein referred to as the “Project”); WHEREAS, it is the intention of the Developer to replat the above-described property under the PUD Ordinance of the City of St. Joseph; WHEREAS, The Developer has submitted to the City for approval the final plat for Lot 1, Block 1, and Lot 1, Block 2, Bayou Alley Flats, St. Joseph, Stearns County, Minnesota; and WHEREAS, the City’s Code of Ordinances allows the City to require a Developer Agreement to provide for inspection and review during the construction project and to set forth obligations of the landowner after approval of the final plat. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1.0REQUEST FOR AND CONDITIONS OF THE DEVELOPMENT PLAN APPROVAL AND PLAT APPROVAL 1.1Request for Development Plan Approval and Plat Approval: The Developer has asked the City to grant final approval of the Development Plan for the Project to be constructed on the Property and to grant final approval of a plat for the mixed use development which will be called Lot 1, Block 1, and Lot 1, Block 2 Bayou Blues . Flat Plat, St. Joseph, Stearns County, Minnesota 1.2Conditions of Development Plan Approval and Plat Approval: The City, after requisite notice and hearing, has granted final approval of the Development Plan and final approval of the Plat subject to the terms and conditions of this agreement. 2.0RIGHT TO PROCEED The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City Administrator; (2) the required security for performance of the Developer’s obligations have been received by the City; (3) the City has issued a letter that all conditions have been satisfied and that the Developer may proceed, which letter will not be unreasonably withheld or delayed; and (4) the Plat and this Agreement have been recorded with the Stearns County Recorders Office. 3.0 DEVELOPER CONSTRUCTED PRIVATE IMPROVEMENTS . 3.1 The Developer agrees to construct those private improvements itemized below, (hereinafter known as the “Private Improvements”): 2 a. Site Grading b. Water Main to Building c. Sanitary Sewer to Building d. Concrete Curb & Gutter e. Bituminous Driveway and Parking Lots f. Erosion Control on Site g. Storm Water Runoff Control on Site h. Signs Designating Pedestrian Walkway, Traffic Directional Signs in Designated Parking Areas i. Site Lighting 3.2 Project Specific Requirements for Developer constructed Private Improvements. (a) Development Plan Compliance. All buildings and accessory structures shall be sited and constructed on the Property as shown on the Development Plan referred to as Exhibit A (hereinafter the “Development Plan”) subject to the provisions of this Agreement. Any deviations from the Development Plan shall require prior approval by the City Planning Commission. (b) Building Code Compliance.All buildings and accessory structures shall be constructed in accordance with the Minnesota State Building Code as adopted and modified by the St. Joseph City Code. (c) Site Preparation. The Developer shall comply with the Stormwater Pollution Prevention Plan (SWPPP) and with any erosion control method ordered by the City for the prevention of damage to adjacent property and the control of surface water runoff. (d) Building Exterior. The building exterior shall comply with the Plan approved by the St. Joseph Planning Commission. (e) Off Street Parking and Loading. The Developer shall provide at off street parking and loading as set forth in Exhibit A. (f) Grading/Drainage. The final drainage plans must be approved by the City Engineer. (g) Landscaping/Fencing/Screening. The Development will include landscaping to include trees and grass as shown on Exhibit A. (h) Requirements for Building Permit. No building permit shall be issued for this Property until the Developer has signed and returned this Development Agreement and submitted any additional information as directed by the City Engineer and City Building Inspector. 3 (i) Snow Removal and Maintenance of Sidewalk. The Developer shall be responsible for snow removal and maintenance of both the public and private sidewalks adjacent to Property. This responsibility shall survive the issuance of the Certificate of Compliance under paragraph 5.9 of this Agreement. (j) The Developer must extend the water and sewer service line as identified in Exhibit B, utility plan and as approved by the City Engineer. (k) The Developer, its assigns and heirs, shall provide maintenance for storm water infiltration area and site storm sewer. (l) The Developer is required to obtain the following permits: MDH Water Main Extension, MPCA Sanitary Sewer Extension, and NPDES Storm Water Permit. (m) The PUD will be a mixed density development consisting of the following: Commercial uses: 100% of the first floor shall only contain permitted uses as identified in the St. Joseph Code of Ordinances. Residential uses: 18 residential units consisting of ten (10) single bedroom units and eight (8) double bedroom units. The Developer must seek an amendment to the PUD as outlined in St. Joseph Ordinance 52.09 to change or modify uses of the facility. (n) Parking. The Developer shall construct all parking areas in accordance with the St. Joseph Code of Ordinances, and as approved by the City Engineer. The Certificate of Occupancy will not be issued until the parking as identified in Exhibit A is constructed. (o) Loading and Unloading Areas. The site must include loading and unloading areas. These areas cannot be located in the public right-of-way and must be marked and reserved as loading/unloading areas. (p) Signs. The development must include site management signs, such as pedestrian walkway, traffic directional signs and designated parking areas. (q) Business Signs. Business signs not included at the time of site plan approval will require separate approval at the time of construction. (r) Lighting Plan. A lighting plan will be required. The lighting cannot exceed .4 candle watts beyond the property boundaries. 4 (s) Fire Approved Lock Box. The plans must contain a fire approved lock box, the location of which will be determined by the City Building Inspector. (t) Site Plans and Utility Plans. The City Engineer must approve the final site and utility plans. The final site plans include the parking layout, driveways, and how the parking and driveways will access the alley. (u) Closure of Existing Alley. The plat calls for the vacation of the existing north/south alley as it abuts the Bayou Blues Flats Plat. The Developer agrees that if the Development is not constructed, the alley will not be closed. (w) Traffic/Pedestrian Site Management. The east/west alley between College st Avenue and 1 Ave NE is project to direct and manage traffic one-way, st west to east, entering on College Ave N and exiting to 1 Ave NE. Pedestrian ways and traffic direction shall be approved by the City Engineer before the parking lot is improved and pedestrian ways constructed. 4.0 FUTURE IMPROVEMENTS 4.1 Future Improvements. The Developer and City hereby acknowledge that certain improvements, not included as the Improvements outlined herein, will have to be constructed at some future date to complete service to the Development. These improvements, known as "future improvements" include costs for future improvement of the north/south alley as it passes the Development. The Developer, its assigns or heirs, shall be responsible for its share of the cost of the future alley improvement. This provision obligating the Developer, its assigns and heirs, to pay for future alley costs shall survive the issuance of the Certificate of Compliance under paragraph 5.9 of this Agreement. 4.2 Developer's Consent to Petition. If a petition to construct any or all of the above future improvements in accordance with procedures outlined in Minnesota Statutes, Chapter 429, is received by the City from affected property owners, the Developer, its assigns or heirs, shall be considered an automatic signer of said petition for all affected properties within the Development remaining under his ownership or otherwise under its control, the Developer, its assigns and heirs, being deemed to have waived its right of notice of hearing upon the necessity or feasibility of the improvement, understanding only that they have not waived any rights or notice of hearing for the purpose of an actual assessment or apportionment of said assessment cost against property still owned by the Developer, its assigns and heirs. 4.3 Developer's Consent to Council Action. If the City, not having received a petition to construct any or all of the above future improvements, determines that 5 construction of certain future improvements is necessary and in the public interest, the Developer, its assigns and heirs, shall be considered an automatic signer of a petition for said improvement or improvements for purposes of initiating action under Minnesota Statutes, Chapter 429; said automatic signature shall apply to all affected properties within the Development remaining under the Developer’s, its assigns and heirs, ownership or otherwise under his control, the Developers, its assigns and heirs, being deemed to have waived his right of notice of hearing upon the necessity or feasibility of the improvement, understanding only that they have not waived any rights or notice of hearing for the purpose of an actual assessment or apportionment of said assessment cost against property still owned by the Developer, its assigns and heirs. 5.0 GENERAL TERMS AND CONDITIONS 5.1 Attorney Fees. The Developer agrees to pay the City reasonable attorney's fees, to be fixed by the Court, in the event that suit or action is brought to enforce the terms of this Agreement. 5.2 Proof of Title. The Developer hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that the Developer’s interest in the Development is fee owner. Prior to execution of this Agreement, the Developer shall provide the City with a title opinion prepared by a licensed attorney and directed to the City stating the condition of title of the property, or other proof of title acceptable to the City. 5.3 Binding Effect on Parties and Successors. The terms and provisions of this Agreement shall be binding upon and accrue to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. Reference herein to Developer, if there be more than one, shall mean each and all of them. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Development and all recording fees shall be paid by the Developer. 5.4 Notice. Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States mail to the addresses set forth in this paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City at: City Administrator City of St. Joseph P.O. Box 668, St. Joseph, MN 56374 6 If to the Developer at: The Developer Bayou Blues Flats 15 MN St E St. Joseph, MN 56374 5.5 Incorporation of Documents by Reference. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 5.6 Indemnification. The City and its officers, agents and employees shall not be personally liable or responsible in any manner to the Developer, contractor or subcontractors, materialmen, laborers, or to any other person or persons whomsoever, for any claims, demands, damages, actions, or causes any action of any kind or character whatsoever arising out of or by reason of the execution of this Agreement, or the design, performance, and completion of the work and the improvements to be provided by the Developer pursuant to this Agreement. The Developer shall hold the City and City Engineer harmless from claims by third parties, including but not limited to other property owners, contractors, subcontractors and materialmen, for damages sustained or costs incurred resulting from plat approval and the development of the Property. The Developer shall indemnify the City for all costs, damages or expenses, including engineering and attorney's fees, which the City may pay or incur in consequence of such claims by third parties. 5.7 License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and/or inspections deemed appropriate by the City during the development of the Property. 5.8 Streets. (a) During any period of spring weight restrictions, when the streets within the Development have the first lift of pavement, but prior to final acceptance of the improvements by the City, the Developer shall post signage at each entrance to the Property as notice restricting access to vehicles with an axle weight of seven tons or less. (b) The Developer shall promptly clean any soil, earth or debris from streets in or near the Development resulting from construction work by the Developer or its agents or assigns as often as necessary and as directed by the City for public safety and convenience. In the event the Developer fails to clean the streets within 48 hours of the direction of the City, the City may undertake the work and assess the cost against property owned by the Developer within the City. 7 (c) Any damage to existing City streets due to construction activities within the development shall be repaired to the satisfaction of the City at the Developer’s expense. 5.9 Certificate of Compliance. This Agreement shall remain in effect until such time as Developer shall have fully performed all of its duties and obligations under this Agreement. Upon the written request of the Developer and upon the adoption of a resolution by the City Council finding that the Developer has fully complied with all the terms of this Agreement and finding that the Developer has completed performance of all the Developer’s duties mandated by this Agreement, the City shall issue to the Developer on behalf of the City an appropriate certificate of compliance. The Acceptance of the Improvements contracted in accordance herewith by the City does not constitute a certificate of compliance and does not release the Developer from ongoing duties or responsibilities arising under this contract. The issuance of a Certificate of Compliance does not release the Developer or any Surety from warranty responsibilities or responsibilities for future improvements arising under Section 4.0 herein. The issuance of a Certificate of Compliance does not release the Developer or its assigns from ongoing obligations with respect to the land and development which extend beyond the date the Certificate of Compliance is issued. 5.10 Reimbursement of City's Costs. The Developer shall reimburse the City for all costs, including all reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the negotiation, administration and enforcement of this Agreement and its performance by the Developer. The Developer shall also reimburse the City for any add-to-construction costs related to the installation of street lighting or private utilities within the Development. The Developer shall also be responsible for the cost of acquiring and installing street signage consistent with that used in other recent developments within the City. Such reimbursement shall be made within 14 days of the date of mailing the City's notice of costs. If such reimbursement is not made, the City may place a hold on all construction or other work related to the Development, or refuse the issuance of building permits until all costs are paid in full. 5.11 Platting. The Developer must include all of the Development Property in the final plat of the first phase of the development. 5.12 Utility Location. The Developer agrees that all utilities within the Development will be installed underground, including without limitations electrical, telephone, cable television and natural gas. This paragraph does not apply to utilities on Main Street and which lie outside the property lines and are currently above ground. 8 5.13 Plat Dedication. Upon approval and execution of this Agreement, the City shall approve the final plat provided it otherwise meets the requirements of the City's Ordinance governing Subdivisions. If the Plat contains the dedication of an easement, the use of property within the area of an easement is specifically restricted by prohibiting the construction of any structure or fence, planting trees or shrubs, or storing of personal property within the area of the easement which could delay, restrict or impede access within the easement area by a person or vehicle. 5.14 Street Lighting and Signage. The Developer shall be responsible for the cost of purchase and installation of street lights and street signs as set forth in Exhibit A. The improvement shall not be accepted until installation of street lights and street signs are completed. 5.15 Water/Sewer Access and Trunk Fees. The Developer shall pay WAC and SAC charges for all structures on the Property to be connected to the municipal water and sanitary sewer system as determined by St. Joseph Ordinance No. 44. The fees shall be based on the proposed development. The SAC and WAC fees are due prior to issuance of the building permit. 5.16Storm Water Development Fee.The property is subject to the Storm Water Development fee which is $.20 per square foot of developable property (developable property is everything except wet lands and street right of way). The Developer will be given credit for expenditures placed into the City storm water system as approved by the City Engineer. Before issuance of the Certificate of Occupancy a determination will be made as to the net amount due from the Developer for the Storm Water Development fee, and the amount must be paid before the Certificate of Occupancy is issued. 5.17 Assignment. This Agreement may not be assigned by the Developer except upon obtaining the express written consent of the City. Unless expressly released by the City, the Developer shall remain obligated to fulfill the duties required under this agreement. 5.18 Integration. This Agreement contains all of the understandings and agreements between the parties. This Agreement may not be amended, changed, or modified without the express, written consent of the parties hereto. 5.19 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 5.20 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 5.21 Representation. JKA represents the City with regard to this Agreement. The Developer is hereby advised to seek independent legal advice prior to execution of this Agreement. 9 6.0 DEFAULT AND REMEDIES 6.1Default. Failure by the Developer to observe and perform any covenant, condition, or obligation contained in this Agreement shall be considered a default by the Developer under this Agreement. 6.2 Right to Cure. The City shall give the Developer written notice of any default under this Agreement. The Developer shall have 10 days in which to cure the default (or in which to commence good faith efforts to cure if the default is one which cannot reasonably be cured in 10 days). 6.3 Remedies. If an event of default is not cured by the Developer within the applicable cure period, the City may do any, all or any combination of the following: (a) halt all further approvals regarding improvements or issuance of building permits or occupancy permits relating to the Development Property; (b) seek injunctive relief; (c) take any other action at law or in equity, which may be available to the City. Signed and executed by the parties hereto on this ____ day of ______________, 2007. CITY OF ST. JOSEPH ATTEST By _________________________ By Judy Weyrens Rick Schultz City Administrator Mayor DEVELOPER/BAYOU BLUES FLATS, LLC. By Name Title STATE OF MINNESOTA ) ) ss COUNTY OF STEARNS ) 10 This instrument was acknowledged before me on , 2014 by Rick Schultz and Judy Weyrens, the Mayor and City Administrator respectively, of the City of St. Joseph a Minnesota municipal corporation, on behalf of said City. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL STATE OF MINNESOTA ) ) ss COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2014 by , the of Developer/Bayou Blues Flats, LLC executed the above Agreement on behalf of said corporation. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD CONTINUE TO BE SENT TO PREVIOUS OWNER THIS DOCUMENT DRAFTED BY: 11 This page intentionally left blank September 23, 2014 Minute Extract Public Hearing, Bayou Blues: Chair Killam called the hearing to order to which Weyrens stated the purpose of the hearing is to consider a PUD and Preliminary plat entitle Bayou Blues, rezoning of one of the lots from current R1 Residential to Central Business District, and closure of a portion of the north/south alley. Mike Schoenecker, Winkelman Building Corp. spoke on behalf of the developer, Jon Petters. Schoenecker stated that Petters is proposing to develop property adjacent to College Avenue and the east/west ally in the 100 block of Minnesota Street. The development will consist of the following: 1. Bayou Blues – Commercial and residential structure with a foot print of approximately 6, 700 square feet. The structure will include two floors of residential complete with elevators and deck for each unit. The second floor may include some business along with the residential; however, the business would be more residential as the residential portion of the building will include a secure entrance. It is anticipated the structure will house a New Orleans style restaurant and 14 dwelling units. 2. Flats – Four unit condominium structure complete with elevator, in ground parking and roof top decks. Schoenecker added the building will have more of an upscale look with the first floor having 13ft high ceilings, the second floor having 9 foot ceiling and the third floor will have 11 foot ceiling. The building will also have an elevator. There will be 14 garages. 3. Artisan Studio – The third structure is restoring the existing garage which is over 100 years old. It is anticipated that the structure will be used for a studio or art gallery. Schoenecker stated that the restaurant will be requesting a liquor license and will include an outdoor patio. Keeping with the New Orleans theme, it is anticipated that Jazz musicians will perform at the facility from time to time. Weyrens clarified that the property on which the flats are proposed to be located is currently zoned R1, Residential and the application before the Commission is seeking rezoning to B1, General Business. In addition, the applicant is seeking to close the north south alley to manage traffic. Mike Deutz questioned the size of the proposed structure and how it fits within the current regulations. He questioned if there was a footprint of the project other than just maps that show the elevation. Schoenecker stated that the foot print of the main structure is 6,700 sq. feet. Because there will be three finished floors that will bring it close to 21,000 sq. feet. Weyrens stated a piece the City is waiting on is the density calculation proving it follows the ordinance. th Mike McDonald, 213 13 Ave SE questioned the parking. McDonald stated it was his understanding that a portion of the site proposed for development is already restricted for parking for the Millstream Shops and Lofts. McDonald added that parking downtown is already an issue and he wants to make sure there will be enough parking for this new development. Petters stated that when the Shops and Lofts were constructed, the plans included another structure that would have required the additional parking. He further stated that very seldom is the parking lot provided for the Shops and Lofts filled. Deutz stated that he has property on two sides of the development and parking has always been a concern to them. He added people are going to park where it is convenient. The development does not show parking for specifically for the restaurant. He is not opposed to the development, but the parking which is already an issue, is a concern. Regarding the alley, he is concerned with the survey that was prepared for the development that illustrates that the alley is not located within the platted boundaries. Based on the survey that alley should be located east approximately 20 feet. Weyrens clarified that the City is not proposing to vacate the alley, rather close. Petters stated it is not critical for the development that the alley be closed, but thought it would be more convenient for the residents to not have traffic run through there. Tom Finken, 15 MN St E spoke in support of the project. Finken stated he currently lives above Bello th Cucina and has not experienced parking issues other than on the 4 of July. Finken added he originally was from Melrose where projects like these were denied and as a result their downtown is dead. He stated that a project such as the Bayou Blues can add vibrancy to a downtown and spur additional development. Schoennecker addressed the parking issue stating there will be 67 parking stalls which exceeds what is required for the combined usage. Additionally, the entrance to the building will be on the corner of the lot, not at the middle of the building. Tanya Finken, 15 MN St E spoke in support of the project. Finken stated that she was concerned as a restaurant owner when Bello Cucina opened, but those fears have been relieved. She stated that she has benefited from Bello Cucina as when they are full or have a waiting line, some patrons come to her establishment. She added that having different food venue options is great along with the added possibilities of having office space. McDonald stated he supports the project, but feels it is a good time to review the parking. He suggests the Planning Commission look at both properties when factoring in the amount of parking spaces required. Weyrens clarified the parking in the Central Business District stating that the Ordinance allows the Planning Commission and City Council discretion in determining the amount of parking. Historically the amount of parking has been determined based on the full requirements of the Ordinance and the Planning Commission and Council have required full parking for residential uses, but have provided relief for the commercial components. Weyrens stated that the staff has yet to receive final plans and some of the material presented at this meeting have just been received and not reviewed. Part of staff’s job is to make sure ordinances are complied with. Cobb questioned if the property owners north of the project along Ash Street have been notified. Weyrens stated hearing notices have been sent to everyone within 350feet of the project location. Rieke questioned if there is anything the Planning Commission needs to address at this time or provide feedback for staff. Weyrens stated that staff will continue to review plans as they are received and at some point the Planning Commission and Council will have to discuss the pedestrian and vehicle traffic in the alley and how to make the development safe for all. Schultz agrees there is a parking issue, but there is also a pedestrian issue which then turns into a safety issue. Walkability in the alley will need to be addressed. Schultz agrees with Deutz in that people are going to park where it’s most convenient. He added the City needs to know that’s coming and it will need to be dealt with. He is less concerned with the parking and more concerned about pedestrian traffic. Hausmann agrees that the parking and pedestrian issues should not be the developer’s issue, rather the City’s issue. Cobb questioned if there is a plan to put up any type of fencing to separate the development from the residential areas. Petters stated that there is a 2 foot setback and fences and shrubs can be put along those property lines. Regarding the pedestrian issues, Petters stated that they would like to work with the City to incorporate safety measures for pedestrians. Dullinger agreed with Schultz and Hausmann that the parking and pedestrian issues are related and it should not be the responsibility of one developer to solve those issues. Deutz questioned what is going to be done with the alley. What is the City’s position on either relocating it or abandoning it? Deutz added he doesn’t feel like it should be an issue the residents living along the alley to deal with. Weyrens stated the development is not contingent on the closure of the alley. Deutz stated that he does not want the dust from traffic in his yard. If nothing is going to be done, he would not be in support of the project, unless the alley is moved to where it is platted. Rieke stated he is not aware of the issue, but it is something that will not be decided on tonight. Schoennecker stated that a rain garden is going to be installed along the alley to prevent traffic from going in there. The Fire Department would still be able to have access through that alley but would need to drive through the rain garden. Weyrens added that the City has their sanitary sewer alongside the West side of the alley. Where the alley is driven on and where the alley is platted are in two different locations and that is not uncommon in the older parts of town. Petters stated that vacating or closing the alley is not an issue when it comes to their development. Weyrens stated the other portion of the hearing is the rezoning the property on the east side of the property to rezone from R1 to commercial. Going from residential to commercial does require a super majority from the City Council due to the changes in density. The final component to the hearing is the preliminary plat. Cobb stated that every time he hears the term rezoning a red flag goes up in his head. He is wondering how it impacts the neighbors as far as the ability to sell their homes in the future. Weyrens stated it could have an effect, however notices were sent on this issue and no phone calls or correspondence were received concerning the issue. Petters added that it will be zoned commercial, but it will still be a residential use. Rieke stated that most people who have lived in the City for quite some time should expect this type of development in the Central Business District. It has always been a plan to expand the area, but it did not happen as fast as one thought. Cobb stated that in his own scenario, things can be surprising for residents and it should be something that they remain aware of. Cobb brought to attention an error in the date on the subdivision review application which will be fixed from 2015 to 2014. Schaefer stated he is of the opinion that the development will be a great asset to the community; however, there are details in the plan that need to be addressed for the long term viability of the downtown and development. If a parking problem exists and is not addressed it can be reflected in the financial viability of the businesses in the downtown area. Due to the need for additional information, Cobb made a motion to table the public hearing to a meeting to be held in October. The motion was seconded by Rieke and passed unanimously. October 14, 2014 14 Page of Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in special session on Tuesday, October 14, 2014 at 6:00 PM in the St. Joseph City Hall opening with the Pledge of Allegiance. Members Present: Chair Matt Killam, Commissioners, Ross Rieke, Chad Hausmann, Daryl Schaefer, Brad Cobb. Council Liaison Rick Schultz. City Administrator Judy Weyrens. Others Present: Jon Petters, Tom Herkenoff, Rieke made a motion to approve the agenda. The motion was seconded by Approval of the Agenda: Hausmann and carried unanimously by those present. Bayou Blues, PUD: Weyrens stated that the Planning Commission conducted a public hearing on September 23, 2014 to consider the PUD request of Collegeville Communities, Jon Petters, entitled Bayou Blues. The proposed PUD includes four separate projects to include: 1. Rezoning – S96’ of Lot 008 Block 10; Townsite of St. Joseph from current R1 to B1, General Businesses. 2. PUD – Allow for the development of a retail/housing structure to include three stories and 14 units; four unit condominium; and conversion of a historical garage to an artisan studio/store. 3. Preliminary Plat –Re-define the property lines for the PUD 4. Alley Closure – The proposed project abuts a north/south alley that is proposed to be closed to manage traffic flow. Weyrens stated that the final plans have not been received, but the developer is working on completion. Any action taken by the Planning Commission would be contingent upon final plans and any contingencies requested by the Planning Commission or City Council. Rieke made a motion to recommend the City Council rezone the property legally described as the S96’ of Lot 008, Block 010; Townsite of St. Joseph from the current R1 Single Family to B1, General Business. The recommendation is contingent upon the PUD Bayou Blues and the Preliminary being finalized including execution of a development agreement. The motion was seconded by Schaefer and passed unanimously by those present. Discussion: Cobb questioned if the neighbors of the project received notification of the hearing. Weyrens stated that everyone within 350 feet of the corners of the project was notified. No correspondence or phone calls were received opposing the rezoning. Weyrens stated that the three remaining three process, PUD, Preliminary Plat and Alley Closure should be considered in one action. The project will be memorialized with a development agreement that will outline the terms of the development or PUD. Developing a project as a PUD allows the developer relief from strict ordinance regulations; however, they must be acknowledged as part of the approval process of the PUD. All deviations are explicitly identified in a development agreement and become the management tool for the development. Weyrens stated that the documents presented by the developer are still missing some items which will have to be finalized before approval by the City Council. The following is a summary of outstanding issues:  Vertical break – the PUD Ordinance requires that buildings with a wall length of 40 feet or greater are required to have a physical separation or break of at least 32 inches. The developer has indicated that it is their opinion that the desks and magic pack HVAC units accomplish the intent of the Ordinance. Petters stated that the building will consist of different textures as well so the building will not look like a long wall or fence. The Commission concurred that the intent of the Ordinance is met with the balconies and varying building textures.  The proposed plat does not include drainage easements along the perimeter. Typically there will be a drainage easement to make sure there is adequate storm drainage for the project area. Easements should be included. October 14, 2014 24 Page of  The alley has been identified as a potential problematic area as the alley is fairly narrow. The developer did come back with a new layout that eliminated some of the parking spaces in order to allocate more area to walkability. Should the alley be one-way? Hausmann stated that making the alley a one-way would make it an issue for those at the other end of the alley. He would like to have feedback from those property owners. However, he does feel that making it a one-way would make it safer. Petters added that they are willing to work with the City with whichever direction the City decides to go. Weyrens added that discussions were had about including aesthetics to make it appeal more to residents, which includes a walkway. Rieke questioned if there are certain areas that they can leave up to staff to handle. Weyrens stated staff would like more detailed direction on the process. For instance, do they want the alley to be two-way or one-way? The general consensus of the Planning Commission was to make the alley a one-way. Schultz questioned where people will be able to access the facility. He added that being the alley will be a one-way, the parking should be reflective of that. Schultz agrees with the rest of the Commission that the alley should be a one-way. One of Schultz’s concerns is that there will be congestion in the alley for any trucks that need to come in to unload. Rieke stated that there will be congestion issues and would rather have the City see the problem and react rather than try to figure out what might happen.  Two access points for each business: Weyrens stated the access points are not illustrated in the maps, but the developers have assured her that there will be two access points for each business.  Landscaping: A more detailed plan is needed in order to finalize the developer’s agreement.  Fencing: Fence details are needed. Petters stated that they are continuously working on the design of the fence and are working with neighboring residents on what they do and do not want.  Snow removal – due to the limited space the snow must be hauled from the site to keep all required parking and provide for pedestrian safety.  Lighting: Submittal of lighting specifications is needed for review.  Pedestrians: Weyrens stated that a concern was the sidewalk right in front of the garages. Petters stated that there will be a large overhang over the garages to keep ice and snow off of where people are walking. Rieke questioned if there are concerns about having someone backing out of their garage and a pedestrian being hit while walking on the sidewalk. Tom Herkenhoff, project engineer, stated that the space is more of an apron than a sidewalk as many garages that are being built now have aprons in the front.  Materials: Weyrens stated that sample materials are needed for review and those will need to be submitted prior to the Council meeting.  HVAC: The HVAC units in the commercial area will be located on the roof. Those for the residential will be called magic packs and will be placed between each unit.  Garbage: Weyrens stated there was some concern regarding the amounts of dumpsters for garbage removal. Petters stated that they analyzed the refuse generated from the existing Millstream Shops and Lofts to place the adequate number of refuse containers. He stated that they are confident that the development will be served with the proposed dumpsters. The plan illustrates separate refuse areas for the commercial and residential. October 14, 2014 34 Page of  Parking: Parking in the B1 Zoning District includes a provision whereby the Planning Commission and City Council can reduce the maximum required using the strict requirements in the ordinance. Weyrens stated that the site plan illustrates 43 parking spaces and strict compliance of the Ordinance would require approximately 54. Weyrens stated that Petters has a purchase agree to purchase the property north west of the Bayou Blues structure and a portion of that property could be utilized for parking if need be. Schaefer questioned how the Planning Commission would be able to require the development of the additional parking once the project is completed. Petters stated that he does not want to have to commit to additional parking at this time; rather he would like to wait and see. Weyrens stated that if the Planning Commission would require space to be dedicated for future parking, a deed restriction would be placed on the property. Rieke stated that parking overall in the downtown area needs to be addressed and questioned Weyrens how many complaints she receives regarding parking issues downtown. Weyrens stated she has not received any complaints. Weyrens stated that City staff has recommended the developer remove some parking spaces that back into the alley to create a safer pedestrian area. This same area could be used to plant a greenway or walking area. At the same time the Planning Commission should determine if perimeter curbing will be required in the parking area. Petters stated that he did not plan on curb as sufficient drainage is available. The Planning Commission agreed that some type of barrier needs to be placed around the perimeter of parking area to delineate where pedestrians should walk and prevent cars from parking into walking areas. By consensus the Planning Commission agreed to reduce the parking requirements by 10 – 12 spaces to allow for a pedestrian friendly area. In addition, the parking lot must be designed with the entrance on the west, exiting to the east to meld with the one way traffic.  Alley Closure: Weyrens stated there is a request to close the alley rather than vacate the alley. If vacated, the alley would be turned over to the property owners. The city has sanitary sewer under the alley and if vacated, could create problems down the road. The alternative is closing the alley. Property owners can still use it, but the City does not maintain ownershp. Petters stated that closing the alley would be the best option to provide a safer means of traveling through the alley. Rieke questioned if emergency vehicles will still have access through the alley. Weyrens stated that it will still serve as an access point for emergency vehicles.  Engineer Comments: Weyrens added that the additional documents sent out were remarks from the City Engineer, which are items that were either discussed tonight or will be worked out with the developer. Hausmann requested staff to provide a bulleted answer to each of the comments/concerns from the City Engineer.  Plat: Weyrens stated the plat would be the final piece that needs to be discussed. No concerns were voiced by the Planning Commission in regards to the plat. Schultz made a motion recommending the City Council approve the preliminary plat entitled Bayou Blues & Alley Flats, contingent upon meeting all the requirements, including easements, of the City Engineer. The motion was seconded by Rieke and passed unanimously by those present. Rieke made a motion recommending the City Council approve the alley closure request. The motion was seconded by Schultz and passed unanimously by those present. Cobb made a motion recommending the City Council approve the PUD for the development of the Bayou Blues Project contingent upon preparing final submittal plans and execution of a development agreement. The motion was seconded by Schultz and passed unanimously by those present. October 14, 2014 44 Page of The Planning Commission requested to receive a copy of the final development agreement, once all the terms have been identified. Adjourn: As the agenda had been completed, Killam adjourned the meeting at 7:02 PM. Judy Weyrens Administrator This page intentionally left blank • •' \ CITY OF ST. J OSEPH http://mn-stjoseph.civicplus.com City of St.Joseph Public Hearing Bayou Blues Administrator The St.Joseph Planning Commission shall conduct a public hearing on Tuesday,September Judy Weyrens 23, 2014 at 6:30 PM in the St.Joseph City Hall, 25 College Avenue North to consider a PUD and Preliminary plat entitled Bayou Blues, rezoning of one of the lots from current R1 Residential to Central Business District and closure of a portion of the north/south alley. Mayor Rick Schultz The proposed PUD would allow for the construction of mixed use facilities to include residential, retail and restaurant. The residential would consist of two structures, with one Councilors structure located above the retail/restaurant facilities and the second structure would be a Steve Frank four unit condominium. In addition,the PUD may consider relief of setback requirements as Bob Loso it relates to adjacent residential property. Renee Symanietz Dale Wick The property is located along the alley running east/west between College Avenue North and 15t Avenue Northeast, legally described as: Lots 1,2 and 4, Block 10. TOWNSITE OF ST JOSEPH, EXCEPT the northerly 64.00 feet thereof,Stearns County, Minnesota, according to the recorded plat thereof. Lot 1, Block 2 MILLSTREAM,Stearns County, Minnesota, according to the recorded plat thereof. The south 96 feet of Lot 8, Block 10, TOWNSITE OF ST JOSEPH,Stearns County, Minnesota,according to the recorded plat thereof. The request for platting and PUD has been submitted by Bayou Alley Flats LLC, 15 Minnesota St E; #104; St.Joseph MN 56374. 1_ \ _1_ Judy Weyrens \ \ \ 1 Administrator '� 1t � �_L_ J Publish: September 12, 2014 1-71 H Project Location ��. _<7_:_-_- ----\ ',\ , r T ",, \--\\A _------- v.---- \ \ ,. - \--\\ \ \--\.,' ,":------ --1-7,-;_.. (---_,-, \--\\ \ \\_ Note: MN State Statutes required mailed notice to all property owners within 350 feet of a variance, interim/special use, rezoning or platting. z5 College Avenue North • PO Box 668 . Saint Joseph, Minnesota 56374 Phone 3zo.363.7zoi Fax 310.363.0341 This page intentionally left blank Public Hearing – Bayou Blues Weyrens stated the purpose of the hearing is to consider a PUD and Preliminary plat entitle Bayou Blues, rezoning of one of the lots from current R1 Residential to Central Business District, and closure of a portion of the north/south alley. Weyrens added that in the packet include preliminary plans. The developer is in attendance to go over the project. Mike Schoenecker, Winkelman Building Corp.: Schoenecker reiterated that they are looking at constructing two new buildings and repurposing a third building. A three story building will be constructed along College Avenue to include a restaurant and retail on the first story. The base footprint is about 6,700 sq. feet. The two additional stories could be used for single-family housing or for businesses. There will be 14 units with a mix of 10 one bedroom units and 4 two bedroom units. Schoenecker added the building will have more of an upscale look with the first floor having 13ft high ceilings, the second floor having 9 foot ceiling and the third floor will have 11 foot ceiling. The building will also have an elevator. There will be 14 garages. The second unit will be a 4 unit condominium complex which will include an elevator and garages. There will be a roof-top patio for the residents along with patios for each unit. The third building is 100 year old building that will be repurposed into a gallery. Cobb asked if they would be obtaining a liquor license for the restaurant. Schoenecker stated it would be the responsibility of the restaurant occupying the space to apply for one. Mike Deutz: Deutz asked if there was a footprint of the project other than just maps that show the elevations of it. He is curious as to how the buildings fit into the land. Schoenecker stated that the base is 6,700 sq. feet. Because there will be three finished floors that will bring it close to 21,000 sq. feet. Weyrens stated a piece the City is waiting on is the density calculation proving it follows the ordinance. McDonald stated when he talked with the EDA, part of the project space was supposed to be used for parking. McDonald added that parking downtown is already an issue and he wants to make sure there will be enough parking for this new development. Petters stated there were plans for additional parking when additional units were going to be built. He added that emphasis has been put on site not only for residents but for additional public parking as well. Regarding the alley vacation, it is not critical for the development, but thought it would be more convenient for the residents to not have traffic run through there. Deutz mentioned that he has property on two sides of the development and parking has always been a concern to them. He added people are going to park where it is convenient. The development does not show parking for specifically for the restaurant. He is not opposed to the development, but the parking which is already an issue, is a concern. Regarding the alley, there may be an issue with it. He supports vacating the alley. The alley is supposed to be located about 20ft to the east from where it is currently being used. Tom Finken: Finken stated he currently lives above Bello Cucina. He added he has no issues with th parking other than on the 4 of July holiday. He is in favor of the development. Finken added he originally was from Melrose where projects like these were denied. Now, the downtown area there is dean. He would like to see this project move forward. Schoennecker addressed the parking issue stating there will be 67 parking stalls which exceed what is required for the combined usage. Additionally, the entrance to the building will be on the corner of the lot, not at the middle of the building. Tanya Finken: Finken stated having another restaurant coming into town would be great for the City. She added that having different food venue options is great along with the added possibilities of having office space. McDonald stated he supports the project, but feels it is a good time to review the parking. He suggests the Planning Commission to look at both properties when factoring in the amount of parking spaces required. Weyrens clarified that there is a piece in the Central Business District ordinance regarding parking. In the past the PC has made sure there was enough parking for the residents as well as some additional parking. For this development, the do meet the requirement for parking. Killam tabled the public hearing to allow for further comments and discussion. Weyrens stated that additional plans were seen this afternoon and additional information is needed. Part of staff’s job is to make sure ordinances are complied with. Cobb asked if the property owners north of the project along Ash Street have been notified. Weyrens stated hearing notices have been sent to everyone within 350feet of the project location. Rieke asked if there is anything the Planning Commission needs to set clear. Weyrens stated that the majority is clear at this point, however as the project continues, there may be areas such as the streetscape or the two-way alley with pedestrians could be potential pieces the Planning Commission will have to discuss. Schultz agrees there is a parking issue, but there is also a pedestrian issue which then turns into a safety issue. Walkability in the alley will need to be addressed. Schultz agrees with Deutz in that people are going to park where it’s most convenient. He added the City needs to know that’s coming and it will need to be dealt with. He is less concerned with the parking and more concerned about pedestrian traffic. Hausmann agrees that the parking and pedestrian issues should not be the developer’s issue, rather the City’s issue. Cobb asked if there is a plan to put up any type of fencing to separate the development from the residential areas. Petters stated that there is a 2 foot setback and fences and shrubs can be put along those property lines. Regarding the pedestrian issues, Petters stated that they would like to work with the City to incorporate safety measures for pedestrians. Dullinger agreed with Schultz and Hausmann that the parking and pedestrian issues are related and it should not be the responsibility of one developer to solve those issues. Deutz asked what is going to be done with the alley. What is the City’s position on either relocating it or abandoning it? Deutz added he doesn’t feel like it should be an issue the residents living along the alley to deal with. Weyrens stated the development is not contingent on the closure of the alley. Deutz stated that he does not want the dust from traffic in his yard. If nothing is going to be done, he would not be in support of the project, unless the alley is moved to where it is platted. Rieke stated he is not aware of the issue, but it is something that will not be decided on tonight. Schoennecker stated that a rain garden is going to be installed along the alley to prevent traffic from going in there. The Fire Department would still be able to have access through that alley but would need to drive through the rain garden. Weyrens added that the City has their sanitary sewer alongside the West side of the alley. Where the alley is driven on and where the alley is platted are in two different locations and that is not uncommon in the older parts of town. Petters stated that vacating or closing the alley is not an issue when it comes to their development. Weyrens stated the other portion of the hearing is the rezoning the property on the east side of the property to rezone from R1 to commercial. Going from residential to commercial does require a super majority from the City Council due to the changes in density. All items on the hearing are a part of the same PUD application. The final component to the hearing is the preliminary plat. Cobb stated that every time he hears the term rezoning a red flag goes up in his head. He is wondering how it impacts the neighbors as far as the ability to sell their homes in the future. Weyrens stated it could have an effect, however notices were sent on this issue and no phone calls or correspondence were received concerning the issue. Petters added that it will be zoned commercial, but it will still be a residential use. Rieke stated that most people who have lived in the City for quite some time should expect this type of development in the Central Business District. It has always been a plan to expand the area, but it did not happen as fast as one thought. Cobb stated that in his own scenario, which things can be surprising for residents and it should be something that they remain aware of. Cobb brought to attention an error in the date on the subdivision review application which will be fixed from 2015 to 2014. Schaefer believes the development will be a great addition to the City, that there is a parking issue that needs to be addressed, as long as the possible decrease in revenue to businesses because of lack of parking. Cobb made a motion to table the public hearing until the October meeting to obtain further information from the developer. The motion was seconded by Rieke and passed unanimously. This page intentionally left blank CITY OF ST. OS PH1 http:mn stjoseph.civicp us.com September 17, 2014 Mike Schoenecker Winkelman Building Corp administrator 340 S Hwy 10 udy DUeyrens St. Cloud MN 56304 mikes@winkbuild.com Mayor RE: Bayou Blues Rick Schultz Dear Mike: Counci ors Steve Frank Over the past weeks,the City has received numerous documents regarding the Bayou Blues Bob Loso project. Most of the documents were received over multiple days and the City did not Renee Symanietz receive one complete set of plans detailing the required information. The set I received on Dale u'I ck August 1, 2014 via email is different than the plan submitted after the staff meeting on August 8, 2014. It is noted the submittal requirements were discussed at our development meeting on August 20th, and summarized in written correspondence thereafter. Based on the understanding from that meeting that the City would receive a completed application, the public hearing was scheduled for September 23, 2014. As of this date the City has yet to receive a complete application with the needed detail to move forward. Since the public hearing has already been published and posted,the hearing will still be conducted on September 23, 2014; however the Planning Commission will be asked to table action until final materials have been submitted and reviewed. This will allow the Planning Commission to hear the matter, accept testimony and determine if additional information is needed for the Commission to move forward. We respectfully request you compile all of the required information in one individual packet submittal rather than submitting individual pieces of information.This will assist in coordinating and streamlining the review process. The submittal should include two full size sets and one 11"x 17". In determining conformity to the Ordinance,the following information must be submitted and for an application to be complete. The following is an extract of the Central Business Zoning District development plan requirements together with a bit of narration further describing what is required: a)Locations of all buildings on the lot, setbacks required, setbacks proposed, building dimensions, and total square footage of each building. Must be drawn to scale. b)Building elevations;front, rear and side. Actual elevations of each structural wall together with any horizontal or vertical breaks in the building wall. c)Building exterior materials and colors and colors. ZS College Avenue North • PO Box 668 • Saint oseph , Minnesota 56374 phone 3zo.363.7zoi Fax 3zo.363.o34z d)Locations of all ingress and egress points, on principal and accessory structures. e)Dumpster and solid waste pick-up areas and proposed screening material. f)Sign location and dimensions. g)Lighting standard and hood detail; a complete photometric plan showing illumination from all light sources throughout the site and within public rights of way abutting the site. h)Identification of all parking and loading areas. i)Drainage by the use of arrows and/or contours. j)Location of and proposed screening for heating,ventilation and air-conditioning equipment. k)A complete landscaping plan illustrating the type,variety,and size of plantings,the location of each planting, planting detail,fence type and height, and fence detail. I)Fire hydrant and fire lane locations. m) Utility locations and service detail including service line size (the current utility plan illustrates using the existing 6" utility line for the four unit condo's when in fact it is only a 1" line) n) Any other fencing, screening, or building accessories to be located in the development area. o) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program and/or the City of St.Joseph Storm Water Pollution Prevention Program (SWPPP). p)If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust,odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant. In addition,the plan should include the following: a)Pedestrian Plan illustrating how the site will be maneuvered by pedestrians,any directional signage or other design elements that will assist in separation of pedestrians and motorized vehicles. b) Occupancy plan by floor—at the staff ineeting it was indicated that the 2"d floor could include some office space. Identify the density until by floor and unit. (See attached plan from the Shops and Lofts) c)Compliance with Ordinance 52.09, PUD Design Standards—see attached extract. d)Narrative indicating how common areas will be controlled. e) A phasing plan illustrating when Phase I and when Phase II will occur. Full text of the Ordinances can be found on the City website www.cityofstioseph.com. The following Ordinances are applicable: a)52.32: B1, Central Business District b) 52.09: PUD Provisions(Design and Lot allowances) c)52.29: R3, Multiple Family, Density calculations d) 52.10: Parking I look forward to helping you see this project to construction, if you have any questions feel free to contact me. Sincerely, CITY OF ST.JOSEPH r r!'/ -E.(ic Le. G i.) r Judy Weyrens Adrv inistrator This page intentionally left blank 00 71- oo 0 0 0 0000 N .71= M 00 M N N N 0 O •-, i' . N N M .� V) cd 4 N OO 2 E z O O C U� @)0 o Q= at -FJ4. U 0 ou .O N U 0ci-- Q RWW ci UN Q O`�- -O O ? o - N O 0 OO 0 O D 0 cs_, . 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APO� � t - --- ---- ; 4 li. _I,. I . - - —,. _.__3] i I ' - I • eyz- ' it I.t` I �.1 ' h, j 1 1414Nh i ----,=== t • V I 1 \, , 1 ii — �; ` — 1 I --�--_ ----LF \I - ,L''; L;! I ui r, j t —4 n rb ,<.?. (49 .:, 1 .t --1 �V 8. " IT 4rn'' iiii i6,'.6 ;0 dx i ! 1 A \ I PRELIMINARY:NOT FOR CONSTRUCTION >nIJ T BAYOU PROJECT g Larson °`-E ,C ,, u. u�a /1 EnOYomdms Mc. sE.�• ..�a.®are a:'��"�"mp.swwwM:m. ♦I ; 5 �1/' COLLEGE AVENUE NORTH ��. HMI•o+xim .o AWN i--_=_J_\i / �j, SAINT JOSEPH,MINNESOTA ___1 m"•� i_w�x p�• Subd. 4: General Requirements/Permitted Modifications. a) In General. In considering a proposed planned unit development project, the approval thereof may involve modifications in the regulations, requirements and the standards of the zone in which the project is located, and in the subdivision ordinance. In modifying such regulations, requirements and standards as they may apply to a planned unit development project the standard identified within this subsection and the limitations set forth in this subsections B and C (immediately following) shall apply. In order to be granted any such modifications, the applicant shall demonstrate that the proposed development complies with the purpose of this section. The applicant shall bear the burden of supporting any change in requirements. The city may increase any requirement necessary to make the project conform to the purposes of this section. 1. Allowed Uses. Uses within the PUD may include only the uses generally considered associated with the general land use category shown for the area on the official Comprehensive Plan Land Use Plan. Specific allowed uses and performance standards for each PUD shall be delineated in the rezoning ordinance (if required), the development plan and the development agreement. The PUD development plan and agreement shall identify all the propos ed land uses and those uses shall become permitted uses with the acceptance of the development plan and agreement. Any change in the list of uses presented in the development plan and agreement will be considered a major amendment to the PUD and will follow the procedure described herein relative to major PUD amendments. 2. Front Yard Setbacks. The requirements for minimum front yard setbacks for the zone in which the planned unit development is located shall apply to all exterior boundary lines of the site. 3. Distance Between Buildings. The planning commission shall set minimum distances between structures to assure adequate sunlight and open space; provided, that minimum distances required by building and fire codes shall be met. 4. Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surfaces. No residential building shall have a single exterior wall longer than forty (40) feet without an offset in the exterior wall. Offsets between walls shall be at least thirty-two (32) inches and shall not exceed ten (10) feet. 5. Building height and corresponding setback requirements shall be governed by the requirements of the underlying zone district classification as set forth therewith. 6. All permitted, permitted accessory and/or conditional uses contained in the underlying zoning district shall be treated as permitted, permitted accessory and conditional uses in PUD overlay district. Uses not listed as permitted or conditional in a specific district shall not be allowed in a PUD unless it is found that the use is complimentary to the functionality of the development and the other uses found therein 7. An increase in density may be permitted to encourage the preservation of natural topography and geological features. The minimum lot size requirements of other sections of this ordinance do not apply to a PUD except that the minimum lot size requirements of the underlying zone shall determine the maximum dwelling unit density of a total development. The maximum dwelling unit density shall be determined by the area remaining after appropriate space for street right of way, other public dedications, such as but not limited to storm water detention ponds, trails and parklands have been determined and subtracted from the total PUD area. Excluded from the calculation of developable property shall be areas which would normally not be developable, such as waterways or water bodies, shorelands, flood plains, and the like in addition to areas requir ed for streets, parks, pedestrian facilities, storm water controls and placement of public utilities. Wetlands can be utilized to determine the area of developable land. The maximum density for multiple dwellings under the PUD shall be one one bedroom unit for each 2,500 square feet of lot area, one two bedroom unit for each 3,000 square feet of lot area, and one three bedroom unit for each 3,500 square feet of lot area and for each additional bedroom (over 3) per unit, an additional 500 square feet of lot area. If the property involved in the PUD includes land in more than one zoning district, the number of dwelling units or the square footage of commercial, residential or industrial uses in the PUD shall be proportional to the amount that would be allowed separately on the parcels located in each of the underlying zoning districts. 8. Off-street parking and loading space shall be provided in each PUD in the same ratios for types of buildings and uses as required in the underlying zoning district. The City may reduce the number of parking spaces in commercial districts provided the PUD applicants submit information demonstrating a reduced need for parking facilities (e.g. senior housing complex, PUD’s featuring joint parking facilities, parking study, proximity to and availability of bus service coupled with transit-friendly design, etc). The reduction in off-street parking and loading space must be pursuant to a special use permit with conditions set by the City Council. 9. The major internal streets serving each planned unit development shall be functionally connected to at least one minor arterial or collector street as defined by the comprehensive plan. b) In Single-Family PUDs. Single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth in subsection a (above, entitled “permitted modifications of regulations, in general”) 1. The minimum lot size as required in underlying zoning classification may be reduced by up to 15 percent; provided, that an area(s), not including a critical area or storm water conveyance or storage facility, equal to the combined reduction in lot area is set aside for the following: A. Common useable open space comprising of landscaping and facilities such as, but not limited to play areas, trails, picnic tables and benches; B. Areas containing significant trees as defined by the City; C. Other non-critical areas, the preservation or creation of which promote one or more goals and or goals and/or policies of the comprehensive plan; D. The applicant shall demonstrate that the area proposed to be set aside creates a public benefit which would not exist if the minimum lot size were not modified. 2. The minimum lot width as required within the underlying zoning classification may be reduced up to 10 percent; 3. Required yard setbacks shall not be reduced. c) Non-single-family PUDs. Non-single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth within the underlying zoning classification. 1. When a PUD containing dwelling units is proposed on property having more than one underlying residential zone, the total number of dwelling units allowed may be determined by tota ling the number of dwelling units allowed to be located on each portion of the PUD area located in a separate zone according to the regulations of that zone. 2. The City, at its discretion, may allow the number of units arrived at under subsection c-1 (immediately above) be located anywhere within the planned unit development subject to the PUD approval process set forth in this chapter and provided that the City make a finding of fact that a public benefit resulting from such action is present. pun and Zonine Reauirements 1. Density: Ordinance Section 52.31 Subdivision 3(f) requires that the area of the residential units must meet the standards of Section 52.29, Subdivision 5 and 6. a. Subdivision 5 sets forth the Lot Area Requirements as follows: i. A one bedroom unit needs 3000 square feet per unit. ii. A two bedroom unit needs 3500 square feet per unit. b. The total space requirement for the lofts located in the primary building would be: i. 3000 x 12 = 36000 ii. 3500 x 4 = 14000 iii. Total = 50000 square feet c. The proposed PUD consists of a total of 63374 square feet. Therefore the site contains sufficient space for the 16 units proposed as part of the building on Minnesota Street. d. The alternate plan would contain up to four additional one bedroom or two bedroom residential units. If all units in the Alternate Proposal were one bedroom units, the ordinance requirement would then be for the 50000 square feet in the Minnesota Street building and 4 x 3000 equals 12000 additional square feet for a total of 62000 square feet. The site contains 63374 square feet. Accordingly the site could accommodate a building even if two of the four units were two bedroom units and the other two were one bedroom units. (2 x 3500 = 7000 plus 2 x 3000 = 6000 plus the 50000 square feet in the Minnesota Street building is a total of 63000 square feet ). 2. Parking: Ordinance Section 52.31 Subdivision 3(f) also provides that off-street parking requirements shall be separately determined for the commercial and residential uses in accordance with Section 52.10. a. Section 52.10 Subdivision 4(b) applies to the residential area and requires: i. 1.5 parking spaces for each single family unit and 2.5 spaces for each two bedroom unit. 11. 1.5 times 12 single bedroom units is 18 plus 2.5 times 4 two bedroom units is 10 for a total of 28 units needed for the 16 loft units in the lofts planned for the Minnesota Street building. 111. If the Alternate Building is constructed consisting of2 one bedroom and 2 two bedroom units the ordinance requires an additional 1.5 times 2 plus 2.5 times 2 or 8 additional spots for a total of 36 spots. b. The proposed site plan includes 42 total spaces as part of the Minnesota Street building alone. If the Alternate Building is constructed it will include additional ground level parking; and none of the original spots will be eliminated. c. Therefore the proposed site plan has adequate parking planned to accommodate both the Minnesota Street building and the Alternate Building. d. Section 52.10 also states that in the CBD: "The amount of parking space required shall be based on the anticipated demand for parking and loading space, the length of visits generated by the particular business, ad the availability of other parking spaces in the Central Business District". The Applicant requests that the City consider the section of this Application addressing parking at the end of this Narrative. 3. PUD - Contents of Preliminary Application: Ordinance Section 52.09 Subdivsions 9 and 12 list the requirements of applications. The following are submitted with this Application. a. Subdivision 9(a) items 1,2,3,4, and 5 are either shown on the Preliminary or Final Plat drawings prepared by Boonestroo Surveyors and Engineers and being submitted simultaneously with the Application, or on the Site Plan and related sketches prepared by GL T Architects. b. Subdivision 9(a) items 6, 7, and 12 are not applicable. c. Subdivision 9(a) items 9, 10, and 11 are addressed in the narrative which is Section Number 4 below. d. Subdivision 9(a) item 13 requires submission of certain documents that are part of the Applicant's CIC Documents which are being drafted by the Rinke Noonan Law firm and will be submitted to City Staff prior to the City Plan Commission review of this Application. e. Subdivision 9(a) items 14 and 15 are either shown on the plats, sketches, and plans submitted with this Application or are not applicable. 4. Narrative in Support ofPUD Preliminary Application required by Subdivision 9: a. Item 9. Goals and Policies of Comprehensive Plan: The proposed PUD is located in District Five of the City Comprehensive Plan. The project complies with the following Plan goals and policies: i. It is a combination of business and medium density residential uses. ii. It is a redevelopment of underutilized parcels. b. Item 10. Land Use: The proposed development is allowed as a Special Use pursuant to Ordinance Section 52.31 Subdivision 3(f). It is a mixed use of a permitted use and multiple residential dwelling units in the CBD. At least 50% of the development consists of a Permitted Use. c. Item 11. Impact on Adjacent Property. The development will have a positive impact on adjacent property owners. It will eliminate vacant unsightly vacant property currently used only haphazardly as a parking without the permission of the owner. It will also eliminate a substandard wood structure and a masonry building past its economic usefulness located on one of the highest profile comers in the CBD. 5. Narrative in Support ofPUD Final Application required by Subdivision 12: a. Items 1,2,3, and 6 are addressed in the same materials submitted as part of the PUD Preliminary Application. b. Item 4. Final Agreement to be negotiated between City and Applicant. c. Item 5. Development Schedule. The development is proposed as a two to three phase development as follows: i. Phase One will either be one half of the Minnesota Street building or the entire Minnesota Street building depending on how many of the condominium units are pre-sold or pre-leased as of the final approval of the PUD. Construction of Phase One is planned for May of 2007. 11. If the entire Minnesota Street building is not constructed beginning in May of 2007, the second half would be constructed upon sale of additional units, but the target would be for commencement of the second half of the building by May of 2008. 111. The Alternate Building will depend upon full sale or lease up of the units in the Minnesota Street building, but the target date is sometime in the year 2009. Variance Request The Applicant is requesting a variance from the Front Yard Setback requirement of Ordinance 51.31 Subdivision 5(a) which states that the front yard set backs shall be ten 10) feet from the lot lines. The following reasons are submitted in support of the variance request: 1. The project is located in the CBD; and it is common in central business districts to allow building up to the public sidewalk right of way. 2. The Ordinance permits buildings to be constructed up to the sidewalk in the CBD on the west side of Collegeville Avenue; and there is no compelling reason not to also permit zero front yard setbacks on the subject property. 3. The City already approved the Applicant's Concept Plan; and the Applicant understood that the City actually desired to have the building constructed with zero lot line. 4. The Applicant believes the Ordinance should be amended to permit zero front yard setbacks in the CBD on Minnesota Street east of College Avenue and encourages the City to make that change to the Ordinance. Parking The proposed Site Plan contains 42 parking spaces. To achieve strict compliance with the standards in the Ordinance, 28 parking spaces are required to accommodate the 16 residential loft units planned for the Minnesota Street building. Regarding the need for parking to accommodate the business operators that may occupy the street level portion of the Minnesota Street building, Section 52.10 states that in the CBD: "The amount of parking space required shall be based on the anticipated demand for parking and loading space, the length of visits generated by the particular business, ad the availability of other parking spaces in the Central Business District". The Applicant requests that the City consider the following conditions in evaluating the need for parking: 1) There is an abundance of parking spaces existing in the CBD. a) The south side of Minnesota Street across from the Applicant's proposed development and westward to the west boundary of the CBD is normally available. There are no commercial buildings on the south side of Minnesota Street; and there would not appear to be any planned in the foreseeable future as the property south of Minnesota Street is occupied by St Joseph Catholic Church, an elementary school, and a parking lot used by the Church. Except on Sundays, Saturday evenings, and a brief period in the mornings when parents are dropping off children at school, the south side of the street generates very little demand for parking. The times when the Church and school create parking pressure are normally not times conflicting with any pressure that will be generated by the proposed development. b) There is public parking west of City Hall. c) There is street parking on College Avenue often available in front of City Hall and the Central Minnesota Credit Union. d) There will also be parking in on the north side of Minnesota Street immediately in front of the development. 2) There is an abundance of parking on the Applicants own site plan. a) There are 16 garage spaces and 26 striped spaces, including two handicapped spaces, shown on the Applicant's site plan for a total of 42 spaces. b) The 16 loft style residential units are not likely to generate a need for the 28 spots required by the Ordinance on a frequent basis. The loft units are predominantly small one bedroom units which will be occupied by one person one vehicle households. 3) Central Business Districts parking requirements customarily have light off street parking requirements. Cities often structure CBD parking requirements to be much lower than newly developing areas. Exterior Elevations and Desig:n Exterior elevations and materials are displayed on the attached materials; and the Applicant will answer questions at the Plan Commission and City Council meetings on this Application. There is one change which the Applicant is noting here however. The "west elevation" view does not show that there will be windows and a door at the street level opening onto the Plaza designated on the Site Plan. This page intentionally left blank