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CR2003-116 Conditional Use Permit - EDCO CITY Or: August 14, 2003 - Council Report 03-116 HOPKINS CONDITIONAL USE PERMIT - EDCO . Proposed Action. Staff recommends the following motion: Move to adopt Resolution 03-67. approving a conditional use permit to construct an addition to the existing building at 900 Second Street N.E. At the Zoning and Planning meeting Ms. Allen moved and Ms. Halverson seconded a motion to recommend approval of a Resolution RZ03-7, to approve a conditional use permit to construct an addition to the existing building at 900 Second Street N.E. The motion was approved unanimously. Overview. The applicant, EDCO, is proposing to construct a 39,755-square-foot addition to the existing building at 900 Second Street N.E. The addition would be located on the south side of the building abutting the Hennepin County Regional Railroad Authority (HCRRA) property. In order to make the addition workable, EDCO is proposing to expand the addition one to three feet from the rear lot line. EDCO has looked for additional warehouse space within the City but has been unable to find any. The minimum rear setback presents the challenges to the proposed addition. Not only will the applicant be required to be granted a variance, fire access needs to be maintained on the south side of the building. HCRRA has to grant an access to their property. A fire lane abutting the building will be constructed and maintained. HCRRA currently has a bituminous trail on their property, but in the future, this area is proposed to be a light rail corridor. There is room for a fire access, trail, and light rail transit in this area. The existing building is sprinkled, and the addition will be sprinkled. Primary Issues to Consider. . What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? . What are the preliminary specifics of the addition? . Has HCRRA given approval for access to their property? . What is the schedule for the development? . What are the items that will have to be worked out for this development to occur? · What was the discussion at the Zoning and Planning meeting? Supportin2 Documents. . Analysis of issues . Site pl~ms . Resolution 03-67 ~Chmnm Nancy . Anderson, AICP Planner Financial Impact: $ N/ A Budgeted: Related Documents (CIP, ERP, etc.): Notes: Y/N Source: . . . CR03-116 Page 2 Primary Issues to Consider. · What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The zoning of the property is 1-2. The Comprehensive Plan has designated this Industrial. Both of these documents support the current use. · What are the preliminary specifics of the addition? Parking The site is required to have 106 parking spaces with the addition. The preliminary site plan indicates 110 spaces that are available for use. These spaces are available to be used, but at this time the building has only 30-40 employees, and the west parking area is adequate to handle this parking. The parking lot on the west side will have new curb and gutter added. Access Access to the site will remain the same. The access opening on Tyler will be reduced by approximately 12 feet. This was a recommendation by the Engineering Department. The additional space gained will be converted to green space with additional landscaping. Landscaping When EDCO constructed the original addition to the building, they heavily landscaped the Second Street frontage and also put landscaping on the Tyler side. There are not many locations that additional landscaping can be located on the site without removing parking. The landscaping plan indicates additional landscaping along the HCRRA trail. The trail area will be planted with pussy willows and dogwoods. The HCRRA wants plants that need little maintenance and do not look like a formal planting area. The new trail along Tyler A venue will require the relocation of several plantings. Three ash, three junipers and one spruce will be relocated on the west side of the property. There will be three new planting areas along Tyler where roses will be planted. Sidewalk There will be an eight-foot bituminous trail added along Tyler. This trail will have access to the HCRRA trail. Setbacks The addition will have a one-foot to three-foot setback on the south lot line. The ordinance requires a 20-foot setback. There are no other lot lines that are affected with the addition. The applicant has applied for a variance. CR03-116 Page 3 . Public Works There are some drainage issues on the east side of the building with the addition. The applicant has been working with City staff and the Watershed District regarding the drainage issues. Any approval is contingent that Public Works and the Watershed District approve the drainage plans. EDCO has contacted Living Waters church to the east regarding the drainage issues. It appears that Living Waters is receptive to the drainage improvements EDCO is proposing. There will have to be an easement between EDCO and Living Waters for the proposed drainage plan to be implemented. Emergency Access Road The emergency access road will be a 25-foot class 5 gravel fire lane. Access to this fire lane will be from the east and west sides of the building. There will be access gates to the fire lane. Exterior The exterior of the new addition will be block or panels. Surrounding Uses . The site is surrounded by residential to the north, Hennepin County Regional Railroad Authority property to the south, a church to the east, and the former Alliant Tech building to the west. . Has HCRRA given approval for access to their property? At this time HCRRA has given approval for access to their property, but there is not a signed document as of yet. HCRRA has agreed to have an access agreement between HCRRA and the City, and then the City will have an access agreement with EDCO as part of the Conditional Use Permit Agreement. Along with the fire access on the HCRRA property, the County will be requiring EDCO to landscape areas on their property to soften the look of the fire access road. EDCO has worked with the County and the landscaping indicated on the plan appears to be acceptable to the County. . What is the schedule for the development? EDCO would like to start the addition as soon as all the approvals are in place. . What are the items that will have to be worked out for this development to occur? The following are the items that will have to be worked out for this development before a building permit is issued: CR03-116 Page 4 · Excel moves the power poles · Emergency access agreement between the City and Hennepin County Regional Railroad Authority · Emergency access agreement between the City and EDCO · Agreement between the City and EDCO for maintenance and construction of a emergency vehicle access drive · Temporary construction easement between EDCO and HCRRA to construct the building and improvements on the HCRRA property · EDCO and the County to agree on the design of improvements on the HCRRA property · CUP agreement between EDCO and the City · EDCO agrees to pay all legal and consultant costs associated with any agreements or approvals · Watershed District approves the plans What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the site plan with the Commission. Ms. Anderson noted that the Commission had reviewed the addition as a concept. . Alan Kimpbell, representing EDCO, appeared before the Commission. Mr. Kimpbell reviewed the site plan with the Commission. Mr. Kimpbell noted that the drainage plan was more complicated than previously thought but with working with the City and the Watershed District, he believes they have come up with a plan that is acceptable. Mr. Kimpbell also reviewed the landscape plan and stated that the HCRRA wanted natural shrubs and grasses. No one appeared at the public hearing regarding this issue. Alternatives. 1. Approve the conditional use permit to construct an addition to the building at 900 Second Street N.E. By approving the conditional use permit, the applicant will be able to construction the addition as proposed. 2. Deny the conditional use permit to construct an addition to the building at 900 Second Street N.E. By denying the conditional use permit to construct an addition, the applicant will not be able to construct the addition as proposed. If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 03-67 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT AN ADDITION TO THE EXISTING BUILDING AT 900 SECOND STREET N.E. WHEREAS, an application for Conditional Use Permit CUP03-2 has been made by EDCO; WHEREAS, the procedural history of the application is as follows: 1. ' That an application for a conditional use permit was made by EDCO on April 23, 2003; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on June 24, 2003: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; and 4. A legal description of the subject property is as follows: That part of Tracts Land P, Registered Land Survey No. 561, Files of the Registrar of Titles in and for Hennepin County, Minnesota lying Southwesterly of the following described line: Beginning at a point on the Northwesterly line of said Tract P distant 66.79 feet Southwesterly along the Northeasterly line from the most Northerly comer of said Tract P; thence Southeasterly in a straight line to a point on the south line of said Tract L distant 770.15 feet east of the most westerly comer of said Tract; and that part of Lot 91, auditor's Subdivision No. 239, Hennepin County, Minnesota, west of a line drawn from a point on the north line of said Lot 91 distant 31.21 feet west along said north line from the most easterly comer of said Lot 91 to a point on the Southeasterly line of said Lot 91 distant 29.96 feet Southwesterly along said southeasterly line from the most easterly comer of said Lot 91. NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP03-2 is hereby approved based on the following Findings of Fact: 1. That the proposed use meets the requirements for a conditional use permit. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP03-2 is hereby approved subject to the following conditions: 1. That the watershed district approves the proposed development . . 2. That the public works department approves the final drainage, utility and grading plans 3. Rear yard variance approved 4. That there is a CUP agreement between the City and EDCO 5. That the Excel power poles are moved 6. That there is an agreement for emergency access between the City and Hennepin County Regional Railroad Authority 7. That there is an agreement for emergency access between the City and EDCO 8. That there is an agreement between the City and EDCO for maintenance and construction of the emergency vehicle access drive 9. 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