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100389 PlanningAGENDA PLANNING COMMISSION MEETING OF OCTOBER 3, 1989 CITY OF NEW HOPE, MINNESOTA 7:30 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARINGS 3.1 Case 89-17 - Conditional Use Permit to Allow Outdoor Sales in a B-4 Zoning District, 4471 Winnetka Avenue No., Tyra's Country Store, Petitioner 3.2 Case 89-21 - Preliminary Plat Approval, 5121-47-75 Winnetka Avenue North, Mortgage Growth Investors, Petitioner 4. COMMITTEE REPORTS 4.1 Report of Design and Review Committee 4.2 Report of Codes and Standards Committee 4.2A Review and consideration of proposed ordinance amendment regarding the definition of an "outlot" 4.2B Review and consideration of proposed ordinance amendment regarding minor subdivision 5. OLD BUSINESS 6. NEW BUSINESS 6.1 Presentation regarding proposed Fire Facility 6.2 Approval of Planning Commission Minutes of Sept. 5, 1989 6.3 Review of City Council Minutes of August 28, 1989, and September 11, 1989 6.4 Review of EDA Minutes of July 24, 1989, and September il, 1989 6.5 Review of HRA minutes of August 14, 1989 7. ANNOUNCEMENTS 7.1 Confirmation of Planning Commission meeting date for Wednesday, November 8, 1989 8. ADJOURNMENT PLANNING CA~ES October 1989 89-21 5121-45-75 Winnetka Av. N. ~0-17 --4471 Winnetka Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 89-17 Conditional Use Permit to Allow Outdoor Sales in a B-4 Zoning District 4471 Winnetka Avenue North 18-118-21 11 0014 B-4 (Community Business) Tyra's Country Store September 29, 1989 October 3, 1989 BACKGROUND The Petitioner has asked that this case be withdrawn. He does not feel that he can meet the sanitation requirement associated with the preparation of food outside. Planning Case: Request: Location: PID No.: CITY OF NEW HOPE PLANNING CASE REPORT Zoning: Petitioner: 89-21 Report Date: Meeting Date: Preliminary Plat Approval 5121-47-75 winnetka Avenue North 5121 Winnetka - 07-118-21 11 0014 5147 Winnetka - 07-118-21 11 0013 5175 Winnetka - 07-118-21 11 0005 I-1 (Limited Industrial) Mortgage Growth Investors September 29, 1989 October 3, 1989 BACKGROUND The petitioner is requesting approval of a preliminary plat pursuant to Chapter 13 of the New Hope Code. The development is currently three parcels which will be combined into two. This will allow the petitioner to build a "link" between the two most western buildings. This new structure is proposed to be 20' x 60' with a height of 14 feet. The purpose of the structure is to provide a hallway for forklifts, etc. between the two buildings. Property owners within 350 feet of the request have been notified. In addition utilities and Hennepin County have also been notified. Staff has received comments from Hennepin County and Minnegasco which are attached (Attachments 2 and 3, respectively). Staff has received questions from property owners abutting the property, but no objection to the proposed plat. The site has been the source of a noise problem which resulted in one tenant leaving the building in 1985. The site is currently the subject of odor complaints purportedly associated with Gaines & Hansen Printing Company. The Minnesota Pollution Control Agency is handling the matter, but the problem is unresolved. ANALYSIS Standards Area and Buildinq Size Requlation The plat conforms to the standard minimum lot area of one (1) acre and lot width of 150 feet as set forth in Section 4.035 of the Code. Planning Case Report 89-21 Page -2- Setbacks The proposed plat meets all setback standards set forth in Section 4.034 of the Code. Green Area Section 4.145 requires 35% green area. Lot 1 green area is 40%. Lot 2 green area is 37.5%. 2. Utilities Streets The site is served by a private road system. The proposed plat provides that the road remain in a utility easement so that all three structures will continue to be served. Drainaqe and Utility Easements The City Engineer is recommending that: A, Be A drainage, pond, and utility easement be dedicated over the ponding area located in the northeast corner of Lot 2, Block 1. A 10 foot drainage and utility easement be dedicated along the lot line separating Lots 1 and 2. Ce A 20 foot wide drainage and utility easement be dedicated over the existing storm sewer in Lot 2, from the private road to the existing pond. The plat shows dimensions ±. This is unacceptable and must be accurate to the nearest 1/1000 foot. RECOMMENDATIONS Staff recommends approval of the Preliminary Plat for MGI Addition, subject to the following conditions: A drainage, pond, and utility eaasement is dedicated over the ponding area located in the northeast corner of Lot 2, Block 1. · · A 10 foot drainage and utility easement is dedicated along the lot line separating Lots 1 and 2. A 20 foot wide drainage and utility easement is dedicated over the existing storm sewer in Lot 2, from the private road to the existing pond. Planning Case Report 89-21 Page -3- That the dimensions be revised to show accurate measures and the + signs be removed. Staff further recommends that the Planning Commission waive final plat review. Attachments: 1 - Site Plan 2 - Minnegasco Correspondence (9-22-89) 3 - Hennepin County Correspondence (9-18-89) 4 - City Engineer's Correspondence (9-25-89) M. G. I. ADDITION NORTHET~N B*~CK ADDITION TSACT C 1 ~ TRACT / - NORTHFJ~; HEIGHTS -- [ - MORRO- CHA~PtOPI~ '1 . i /##egasco A Company of Diversified Energies. Inc. M. Jeannine Dunn Management Assistant Community Development Coordinator 4401 Xylon Avenue North New Hope, MN. 55428 Septe~mber 22, 1989 RE: Preliminary Plat of M. G. I. Addition Dear Ms. Dunn: With reference to the preliminary plat of M. G. I. Addition, Minnegasco, Inc. currently has an easement over the south 20 feet of proposed Tract F and Tract G. Although these Tracts are proposed drainage and utility easements, Minnegasco's easement should still be referred to on the final plat. I have enclosed a copy of Minnegasco easement number 77-7, recorded with the Hennepin County Registrar of Titles as document number 1252457 for your reference. Thank you for the advance notice and could you please send me a copy of the final plat when it is approved. Sincerely, Steven Von Bargen Real Estate Specialist Minnegasco, Inc. 4~ 700 West Linden Avenue P.O. Box 1165 Minneapolis, MN 55440-1165 HENNEHN DEPARTMENT OF PUBLIC WORKS Engineering Division 320 Washington Ave. Sodh Hopkins, Minnesota 55343-8468 Phone: [6'12) 935-338'I September 18, 1989 Ms. 3eannine Dunn Community Development Director City of New Hope 440i Xy]on Avenue North New Hope, MN 55428 Dear Ms. Dunn' RE' Proposed Plat - Mortgage Growth Investors, Inc. CSAH 156, Southwest quadrant of Soo Line Railroad Section 7, Township 118, Range 21 Hennepin County Plat No. i779 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments' - No additional right of way required by Hennepin County at this time along this segment of CSAH 156. The existing 40 feet of right of way is acceptable to Hennepin County. - No additional access from this plat to CSAH 156 will be permitted by Hennepin County. All access to CSAH i56 must be via the existing private road. - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Operations Oivision for utility permit forms. - The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, David W. Schmidt, P.E. Transportation Planning DWS/LDW'lw HENNEPIN COUNTY an equal opportunity ~'nployer Bonestroo Rosene.. Ander. hk & Associates Engineers & Architects Otto G. Bonestroo, RE. Robert ~ Rosene, Joseph C. Anderlik, Bradford A. Lemberg, P.E. Richard E. Turner, .RE. James C. Olson. RE. Glenn R. Cook, RE. Thomas E. Noyes, RE. .Robert G. Schunicht, RE. Marvin L. Sorvala. RE. Keith A. Gordon, RE. Richard W Foster, RE. Donald C. Burgardt. RE. Jerry A. Bourdon. FiE. Mark A. Hanson, RE. Ted K. Field, RE. Michael T. Rautmann, RE. Roben: R. Pfeffede, RE. David O. Loskota. RE. Thomas g/. Peterson, PE. Michael C. Lynch, RE. James R. Maland, .RE. Kenneth R Anderson, Keith A. Bachmann, RE. Mark R. Rolfs, RE. Robert C. Russek, AAA. Thomas E. Angus, Howard A. Sanford, RE. Daniel J. Edgerton, Mark A. Seip, I~E. Philip J. CasweiL RE. Mark D. L,~allis, RE. Thomas R. Anderson, A.LA. Gary E Ry~ander, RE. Charles A. Edckson Leo M. Pawelsky Harlan M. OIson Susan M. Eberlin, CRA. September 25, 1989 City of New Hope 4401 Xylon Avenue No. Minneapolis, MN 55428 Attn: Jeannine Dunn Re: MGI Addition Our File No. 34 Gen. Dear Jeannine: We have reviewed the above plat and recommend the following: 1) A drainage, pond, and a utility easement shall be dedicated over the existing ponding area located in the north east corner of Lot 2 Block 1. The pond shall be protected to it's overflow elevation. 2) A 10' wide drainage and utility easement shall be shown along the plat boundary and the lot line separating Lot 1 and 2. A 20' wide drainage and utility easement shall be shown over the existing storm sewer in Lot 2 from the private road to the existing pond. If you have any questions please contact this office. Yours very truly, BON~STROO, RQSENE, ANDERLIK & ASSOCIATES, Mark' A. Hanson MAH: dh INC. 2335 West Highway 36 · St. Paul, Minnesota 55113 · 612-636-4600 CITY OF NEW HOPE MEMORANDUM DATE'. TO: FROM: SUBJECT: September 28, 1989 Planning Commission M. Jeannine Dunn, Management Assistant/Community Development Coordinator Proposed Ordinance Amendments The Codes and Standards Committee met on September 27, 1989, and recommended that two proposed ordinance amendments be progressed to the full Commission at the October meeting. Item 4.2A addresses the City Code definition of an "outlot". Item 4.2B provides an administrative procedure subdivisions and combinations. Attached are ordinances and supporting staff reports. for simple lot the proposed If you have questions, please feel free to call. northwest associated consultants, inc. MEMORANDUM TO: FROM: DATE: RE: FILE NO: Jeannine Dunn Doug Sandstad Robert Kirmis/Alan Brixius 30 August 1989 New Hope - Subdivision Ordinance Revision 131.00 - 89.17 Recent review of the Hoyt Development proposal entitled "5000 Winnetka'' has divulged a shortcoming within the City's Subdivision Ordinance. Specifically, concern exists in regard to the language used to define the term "outlot". According to Section 13.022 (i) of Ordinance, an "outlot" is defined as: the New Hope Subdivision A lot remnant or parcel of land left over after platting which is intended as open space or other use. Currently stated, the Ordinance definition does not convey any type of building restrictions upon an outlot and, as a result, strays from the typical intent of the designation. Typically, cities will establish an outlot upon land described as "holding areas" in which the issuance of a building permit is not allowed. For future development to occur upon an outlot, the subject property must be formally platted by lot and block description. This guarantees City review and assurances are made of subdivision conformance with performance standards in regard to lot size, lot layout', street design, utility design, and proposed grading and drainage. This is consistent with New Hope's past approach concerning outlots, however, the Ordinance language does not reflect this approach. 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925-9420 fax925-2721 As an aid in ensuring quality subdivision within the City of New Hope, it is suggested that the City's definition of "outlot" be amended to read as follows: A lot remnant or parcel of land left over after platting, which is intended as open space or other future use, for which no building permit may be issued. By stating that no building permit may be issued to an outlot, the City gains the right to future review and may be assured of proper site plan implementation through appropriate process. If you have any questions or comments regarding this material, please contact our office at your convenience. STEVEN A, SONDRALL, P.A. STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT LEGAL ASSISTANTS LAVONNE E. KESKE SHARON D. HOFBTAD August 23, 1989 M. Jeannine Dunn Community Development Coordinator City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Minor Subdivision Ordinance Our File No. 17.043 Dear Jeannine: Confirming our August 16th, 1989 telephone conversation concerning the referenced matter, I have no problem with the concept of a minor subdivision provision in our platting code. In fact, many cities have such provisions. I think such a provision would be helpful in situations such as a property owner's acquisition of 10 feet from his neighbor for the purpose of expanding his garage or house or other such improvement on his property. In that situation requiring a replatting seems a little onerous. Therefore, if the minor subdivision ordinance were drafted in such a way that it was limited to a very few select exceptions, I think it might prove beneficial to the residents of the City. I would like to work with you and A1 Brixius if we decide to go ahead and create an amendment to our platting code to provide for a minor subdivision. Very truly yours, Steven ~. Sondrall slw cc: Daniel J. Donahue Alan Br ixius northwest associated consultants, inc. MEMORANDUM TO: FROM: DATE: RE: FILE NO: Jeannine Dunn Doug Sandstad Alan Brixius 28 September 1989 New Hope - Minor Subdivision 131.00 New Hope requires all land subdivisions to be platted. Section 13.08 of the Subdivision Regulations allows the City to refuse building permits and refuse to take over streets, utilities in tracts of land that have been subdivided by means of a registered land survey or metes and bounds conveyance and have not followed the City's plat process. The basis for this standard.is that the plat process provides a guaranteed review to ensure conformance with City subdivision performance standards with regard to lot size, lot layout, street design, utility design, and proposed grading and drainage. A plat cannot be recorded with the County without City approval. The plat in this case becomes a legal record of the approved subdivision design which can be enforced through a development contract and performance security. The plat process also results in a clear lot and block description of each lot created through this process. The metes and bounds conveyance, although legal in many communities, presents some special problems in regulating the subdivision of land since it can be used to evade City standards and fees of the Subdivision Regulations. The plat process has also created some problems in New Hope in the case of minor, lot subdivision and lot consolidation that creates no more than two lots. The expense and time constraints of a plat for these minor subdivisions have raised concerns from property owners who want to enlarge or split their lots. In addressing this situation, a number of cities have adopted regulations for an Administrative Subdivision that allows the 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925-9420 fax 925-2721 City Administrator to approve minor lot splits, lot consolidations and/or lot enlargements providing the subdivision does. not result in more than two lots. The attached draft Ordinance provides an example of this Administrative Subdivision process. This is offered to New Hope for consideration. The proposed Ordinance was~ reviewed and modified as per the recommendation of the New Hope Codes and Standards Committee at the 27 September 1989 meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE EXCEPTIONS TO THE PROCEDURAL SUBDIVISION ORDINANCE. NEW HOPE CITY CODE TO ESTABLISH REQUIREMENTS OF THE NEW HOPE THE CITY COUNCIL OF NEW HOPE ORDAINS: Section 1. That Section 13.017 is added to read as follows: 13.017 1. Exceptions: Lot Consolidationr Minor Subdivision. Exception to the Procedural Requirements: The following land divisions are exempted from the procedural requirements of this Ordinance. Upon the request of the subdivision appl~icant, the Zoning Administrator shall, within ten (10) working days, decide that this provision of the New Hope Subdivision Ordinance does apply to the requested land division. (a) Divisions of land which is part of a recorded plat, where the division is to permit the adding of a parcel of land to an abutting lot or the combination of recorded platted lots to form no more than two (2) lots. Newly created lots shall conform to the design and performance standards of the New Hope Subdivision and Zoning Ordinances. (b) The simple division of a.single lot which is part of a recorded plat to create no more than two (2) lots and the newly created property line will not cause the remaining portion of the lot or any structure to be in violation with this Ordinance or the New Hope Zoning Ordinance. To qualify, the parcel of land shall not have been part of a minor subdivision within the last five (5) years. (c) In the case of a request to divide a base lot of a two family dwelling or a quadraminium which is part of a recorded plat where the division is to permit the individual private ownership of a single dwelling unit within such a structure, the newly created property lines will not cause any of the unit lots or structure to be in violation of this Ordinance or the New Hope Zoning Ordinance. Information Requirements. The following information shall be submitted along with the application for lot consolidation or simply subdivision. (a) Certificate of survey prepared by a registered land surveyor which includes: (1) Original and proposed lot boundaries. (2) Location of existing structures on the site. (3) Original and proposed legal description. (b) Property Description and Submission Information. The date and supportive information detailing the proposed subdivision shall be the same as required for a major subdivision as described in Section 13.04 of this Chapter. Exception, as stipulated in writing, may be granted by the Zoning Administrator. The Zoning Administrator may require additional information deemed necessary in the review of the proposed subdivision. (c) Design Standards. The subdivision shall conform to all the design standards as specified in Section 13.05 of this Chapter. Any proposed deviation from said standards shall require the processing of a variance request. Application, Processing and RecOrding. (a) Application. Upon receipt of the subdivision application, required information and fees, the Zoning Administrator shall have ten (10) working days to decide that this provision of the New Hope Subdivision Ordinance does apply to the request land division. (b) Processing. If upon review by the zoning Administrator, the requested land division is in full conformance with the performance standards of the New Hope Zoning and Subdivision Ordinances, the City Administrator shall have the authority to approve the subdivision. (c) Recording. The applicant shall be notified of the lot consolidation or minor subdivision approval in writing. Said document of approval shall be submitted with the certificate of survey to the Hennepin County Recorder.