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The Petitioner has asked that this case be withdrawn.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.