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100488 Planning AGENDA PI_~NNING COI~IISSION MEETING OF OCTOBER 4, 1988 CITY OF NEW HOPE, MINNESOTA 7:30 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARINGS 3.1 Case 88-20 - Request for Conditional Use Permit to Allow LPG Storage at 4124 Winnetka Avenue North, Independent School District #281/Gary Dechaine, Petitioner 3.2 Case 88-23 - Request for a Text Amendment to Allow Outdoor Sales of Automobiles in an I-1 (Limited Industrial) and I-2 (General Industrial) Zoning Districts at 7701- 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas W. Boettcher, Petitioner 3.3 Case 88-24 -. Request for Final Plat Approval at 9000 42nd Avenue North, Duane Roman/Frank Bielinski, Petitioners 3.4 Case 88-25 - Request for a Four-foot (4') Variance to the Required Thirty Foot (30') Front Yard Setback to Allow Construction of Garage Addition at 4417 Decatur Avenue North, Glenn and Marlys Joly, Petitioners 4. COMMITTEE REPORTS 4.1 Report of Design and Review Committee 4.2 Report of Codes and Standards Committee 5 OLD BUSINESS 6. NEW BUSINESS 6.2 Approval of Planning Commission Minutes of September 6, 1988. 6.3 Review of City Council Minutes of August 22, 1988, and September 12, 1988. 7. ANNOUNCEMENTS .8. ADJOURNMENT city of New Hope Planning Case Report Planning Case: 88-20 Request: Conditional Use Permit to Allow Open Storage of an LPG Tank Location: 4124 Winnetka Avenue North Zoning: I-1 (Limited Industrial) Petitioner: Independent School District ~281/Gary Dechaine Report Date: September 29, 1988 Meeting Date: October 4, 1988 CASE UPDATE On September 26, 1988, the City Council held a public hearing on the proposed standards to regulate the storage of LPG tanks in B-3 and industrial zoning districts. Staff met with Gary DeChaine on September 29, 1988, and discussed the placement of the new LP tank on the school district parking lot. Mr. DeChaine and City staff are requesting that this case be tabled until November 1, 1988, to allow the school district time to work out an acceptable storage area. City of New Hope Planning Case Report Planning Case: 88-23 Request: Request for a Text Amendment to Allow Automobile Sales in Industrial Zoning Districts Location: 7701-7709 42nd Avenue North Zoning: I-2 (General Industrial) Petitioner: Autohaus of Minneapolis/Thomas W. Boettcher Report Date: September 30, 1988 Meeting Date: October 4, 1988 CASE UPDATE As requested by the Planning Commission, staff has completed analysis of the impact of outdoor sales in our B-3 and industrial zoning districts. Attached is the Planner's report regarding this analysis. At this time staff is asking that the Commission review the report but take no action on the petitioner's request. Attachment: Planner's Report (9-28-88) northwest associated consultants, inc. MEMORANDUM TO: Dan Donahue FROM: Alan Brixius/Michael Ridley DATE: 28 September 1988 RE: New Hope - Auto Sales Ordinance FILE NO: 131.00 BACKGROUND At the September 6, 1988 Planning Commission meeting, the Planning Commission reviewed the proposed amendment to allow outdoor automobile sales by conditional use in New Hope. At this meeting, the performance standards proposed in the text amendment were found to be acceptable. There was some concern as to what zoning district this use should be allowed. The general feeling of the Commission was that this was a commercial-'retail use that would be most appropriately located in a commercial zoning district. However, the potential impact of the proposed Ordinance on a .site by site basis had to be evaluated. In this report, we~h~ve inventoried the existing B-3 and I-l/I-2 sites for their potential use as automobile sales lots. CRITERIA FOR REVIEW The amendment text itself establishes the review criteria for the possible sites. This criteria includes: 1. PERMITTED USE: The outdoor automobile sales is only allowed as an accessory use to motor vehicle sales, service or repair use. This provision will limit the number of sites eligible for an outdoor sales lot due to the principal use of the properties. 2. SAME LOT: Automobile sales lots must be on the same lot as the principal use. This provision will serve to limit some of the B-3 sites due to the limited size. 4601 excelsior blvd., ste. 41 O, minneapolis, mn 55416 (612) 925-9420 3. LOCATION: Only sites located adjacent to collector or arterial streets are eligible for outdoor sales lots. While this does not affect the B-3 zoned properties, it does serve to eliminate some of the industrial properties. 4. SETBACKS: The new zoning amendment would prohibit outdoor sales in the required front yard setback and require a 10 foot side and rear yard setback. Front yard setbacks along major thoroughfares are 50 feet from the right-of-way. This substantial setback will also serve to reduce the number of sites that have sufficient lot area to accommodate an automobile sales lot. 5. SALES AREA SIZE: The size of the sales lot is limited to 30 percent of the floor space of the principal use. This standard is intended to maintain the sales lot as an accessory use and to limit the impact of the sales lot on the site and surrounding uses. 6. PARKING: The'sales lot must be totally separate from the required parking for the site. Parking areas are intended for the use of employees and customers. No automobile display is allowed in the required parking areas. 7. OTHER PERFORMANCE STANDARDS: Aside from the aforementioned standards that affect the physical size and location of the sales lot, other performance standards are proposed to address the design and quality of the sales lot. Standards addressing surfacing, curbing, landscaping, drainage, lighting, etc. are proposed to provide a high quality, functional and aesthetically pleasing sales lot. The implementation of these performance standards will require some investment by the applicant. This investment will have to be considered in the introduction of a sales lot on a marginal lot or the redevelopment of a lot. I-1 AND I-2 SITE ANALYSIS In review of the industrial districts, our inspections revealed that most of the eligible occupied sites do not have an automobile related principal use that would permit a sales lot. The occupied sites appear to be vital businesses, as such conversion to major auto repair and auto sales does not appear imminent. Our site inspection identified 10 vacant industrial sites that may be eligible for the auto sales. These sites range in size from one acre to twenty acres. These industrial sites could be developed in a manner that offers varying degrees of auto sales in locations scattered throughout the City. Map A identifies the remaining vacant industrial sites that may have auto sales. Table A provides an inventory of these sites including location, lot size, buildable area and potential number of cars that could be sold on this site. I-1 AND I-2 CONCLUSION ~ Based on our analysis, it appears that there are a number of sites that are eligible for potential auto sales through development. The size of these sites allow fairly large automobile sales lots which is contrary to the City's intent, in considering the proposed zoning amendment. Also the City must consider the impact that this use would have at these various site locations within the City. B-3 SITE ANALYSIS Site inspections performed at 31 separate B-3 sites revealed that the majority of these sites have inherent restrictions due to site size. The potential of auto sales lots on other sites is reduced due to the existence of vital businesses on these sites. Several sites lend themselves to potential redevelopment or a use change ~ based on a marginal business existing or site size combined with positive location features. Map B illustrates the locations of all the B-3 sites surveyed. Also, Table B gives an inventory of each site; this inventory includes location, lot size, buildabte area and potential number of cars for sale per lot, and analysis of the likelihood the site could be eligible for an outdoor sales lot. B-3 CONCLUSION Based on the business type, business vitality, lot size and site layout, the following sites have the greatest potential for an auto sales use: 2-C Sinclair Gas Station Bass Lake Road and Winnetka 9-C Paro's Pub Site 42nd Avenue and Nevada 13 Sinclair Gas Station 27th Avenue and Highway 18 The Paro's Pub site is being considered for redevelopment to a commercial use, but is not intended for auto sales. This site was highlighted in the 42nd Avenue Redevelopment Study. Based on our review, the remaining sites have limited potential for auto sale uses due to either lot constraints and/or site use intensity. REPORT CONCLUSION If the intent of the City is to allow small automobile sales lots in areas suitable for retail uses, it would appear that amending the B-3 District to allow outdoor auto sales is more appropriate than allowing this use into an industrial zoning district. This conclusion is based on fewer sites available for the use and the size of the available sites. Both these features suggest that the B-3 alternative offers the City the greatest control. cc: Jeannine Dunn Doug Sandstad Steve Sondrall MAP A INDUSTRIAL ZONING INVENTORY TABLE A Potential Parcel Auto Sales Size/ With 25% Building Existing Land Use/ Buildable Cover Through Total Site Building Size Area Redevelopment (Spc) Comments I-1 Zoning I Vacant 40,000 sf/ 15 All vacant industrial land has varying potential for Co. Rd. lO/Intl.Pkwy. 18,150 sf auto sales based on location and lot size. 2 Vacant 147,000 sf/ 80-84 Boone/56th Avenue 98,900 sf 3 Vacant 556,600 sf/ Winnetka/4Oth Ave. 462,150 sf 381-385 4 Vacant 43,500 sf/ 16-20 Winnetka/32nd Ave. 18,500 sf 5 Vacant 43,500 sf/ 11-15 Winnetka/32nd Ave. 17,425 sf 6 Vacant 113,963 sf/ 56-60 27th Ave./Nevada '70,000 sf 7 Vacant 100,850 sf/ 51-55 27th Ave./Nevada 64~100 sf 8 Vacant 108,250 sf/ 56-60 27th Ave./Louisiana 68,000 sf I-2 Zoning 9 Vacant 882,300 sf/ 481-485 50th Ave./Winnetka 579,500 sf B-3 ZONING INVENTORY TABLE B Potential Parcel Potential Auto Sales Size/ Auto Sales With 25% Building Existing Land Use/ Buildable Existing Cover Through Total Site Building Size Area (Spaces) ~ed~yelopment (Spc) Comments 1-A Chucks 365 Superette 23,221 sf/ 0 1-4 Site size limits potential for auto sales W. Broadway/62nd Ave. Gas Station 5,600 sf 0 1-4 1500 sq. ft. 1-B Peoples Choice 19,974 sf/ 0 1-4 Site size limits potential for auto sales W. Broadway/62nd Ave. Gas Station 5,600 sf 1,500 sq. ft. 2-A Amoco Gas 24,031 sf/ 0 5-9 Viable business and site use intensity prevents potential Co. Rd. lO/Winnetka 1,800 sq. ft. 9,500 sf for auto sales 2-B Midas/Sparks 31,300 sf/ 0 6-9 Viable business and site use intensity prevents potential Co. Rd. lO/Winnetka 11,250 sf for auto sales 2-C Sinclair Gas 32,400 sf/ 0 10-14 Appears to be a marginal business that may be a possible Co. Rd. lO/Winnetka 1,925 sq. ft. 15,750 sf location for auto sales 3 Spur Gas 33,350 sf/ 0 10-14 Site size limits potential for auto sales Co. Rd. lO/Nevada 700 sq. ft. 16,000 sf 4-A Ponderosa 41,600 sf/ 0 15-19 Vital restaurant use prevents auto sales use Co. Rd. lO/Maryland Restaurant 19,000 sf 6,000 sq. ft. 4-B Burger King 37,700 sf/ 0 15-19 Vital restaurant us~ prevents auto sales use Co. Rd. lO/Louisiana 3,000 sq. ft. 22,000 sf 5 Amoco Gas 22,400 sf/ 0 5-9 Viable business and site use intensity prevents potential 49th Ave./Highway 18 9,000 sf for auto sales 7-A Hardees 25,958 sf/ 0 10-14 Vital restaurant use prevents auto sales use 42nd Ave./Winnetka 2,400 sq. ft. 15,500 sf 7-B Union 76 Gas 32,000 sf/ 0 10-14 Viable business and site use intensity prevents potential 42nd Ave./Winnetka 1,500 sq. ft. 16,200 sf of auto sales B-3 ZONING INVENTORY -TABLE B Potential Parcel Potential Auto Sales Size/ Auto Sales With 25% Building Existing Land Use/ Buildable Existing Cover Through Total Site Building Size Area (Spaces) Redevelopment (Spc) Comments 7-C Port Arthur 31,620 sf/ 0 15-19 Restaurant use prevents auto sales use 42nd Ave./Winnetka 2,450 sq. ft. 18,200 sf 7-D New Hope Car Wash 28,580 sf/ 1-4 10-14 Viable business and smaller lot~ize prevent auto 42nd Ave./Winnetka 3,800 sq. ft. 15,400 sf sales use 7-E Kuppenheimer 28,500 sf/ 0 10-14 Non-automobile use prevents auto sales use 42nd Ave./Winnetka 6,300 sq. ft. 15,400 sf 7-F Sunshine Factory 85,680 sf/ 0 45-49 Viable restaurant use prevent auto sales use 42nd Ave./Winnetka 6,600 sq. ft. 57,200 sf 9-A Vacant 15,000 sf/ 1-4 City owned intended for residential development 42nd Ave./Oregon 4,875 sf 9-B Vacant 31,299 sf/ 10-14 City owned intended for residential development 42nd Ave./Nevada 13,800 sf 9-C For Lease 60,900 sf/ 1-4 25-29 Redevelopment could make this site a viable candidate 42nd Ave./Nevada (Paro's Pub) 32,500 sf for auto sales 2,400 sq. ft. 9-D Crown Auto 37,400 sf/ 0 15-19 Viable business and site use intensity prevents potential 42nd Ave./Maryland 7,200 sq. ft. 21,000 sf for auto sales 9-E Cook's Auto Repair 18,000 sf/ 0 1-4 Site size limits potential for auto sales 42nd Ave./Louisiana 1,200 sq. ft. 5,600 sf 9-F Office 8,250 sf/ 0 NA Current Ordinance setbacks make this lot unbuildable 42nd Ave./Oregon 1,750 sq. ft. NA 9-H All Star Sports 15,600 sf/ 0 1-4 Site size limits potential for auto sales 42nd Ave./Oregon 4,000 sq. ft. 6,000 sf B-3 ZONING INVENTORY TABLE B Potential Parcel Potential Auto Sales Size/ Auto Sales With 25% Building Existing Land Use/ Buildable Existing Cover Through Total Site Building Size Area (Spaces) Redevelopment (Spc) Comments 9-I Vacant 13,800 sf/ 0 1-4 Site size limits potential for auto sales 42nd Ave./Nevada 4,450 sf 9-J Total Gas 18,000 sf/ 0 5-9 Viable business and small lot size limits auto sales 42nd Ave./Nevada 1,500 sq. ft. 6,650 sf use potential 9-K PDQ/Cafe/Barber Shop 24,700 sf/ 0 5-9 Site size and setback requirements limit auto sales 42nd Ave./Maryland 6,500 sq. ft. 10,500 sf use potential 9-L Broadway Pizza 18,400 sf/ 0 1-4 Site size limits auto sale use potential 42nd Ave./Maryland 1,600 sq. ft. 5,250 sf 9-M New Hope Bowl 91,000 sf/ 0 50-54 Viable recreational use prevents auto sales use 42nd Ave./Louisiana 36,100 sq. ft. 64,400 sf 10 Amoco/Bait Store 36,000 sf/ 0 .10-14 Viable business and site use intensity prevents potential 36th Ave./Jordan 2,!00 sq. ft. 15,400 sf for auto sales 11-A Union 76 36,100 sf/ 0 10-14 ViaDle business and site use intensity prevents potential 36th Ave./Winnetka 2,500 sq. ft. 15,400 sf for auto sales 11-B Fina Gas 19,600 sf/ 0 .1-4 Small site limits potential for auto sales 36th Ave./Winnetka 1,125 sq. ft. 5,600 sf 13 Sinclair Gas 40,200 sf/ 1-4 15-19 Location and lot size provide possible redevelopment 27th Ave./Highway 18 1,500 sq. ft. 21,000 sf incentive for auto sales use 14 Amoco Gas 15,400 sf/ 0 1-4 Viable business and small site limits auto sale potential 27th Ave./Winnetka 4,875 sq. ft. 4,100 sf city of New Hope Planning Case Report Planning Case: 88-24 Request: Final Plat Approval - Flag Addition Location: 9000 42nd Avenue North Zoning: R-1 (Single Family Residential) Petitioner: Duane A. Roman/Frank Bielinski Report Date: September 29, 1988 Meeting Date: October 4, 1988 BACKGROUND The petitioner is proposing to subdivide the property located at 9000 42nd Avenue, plus the adjacent exception, to allow development of 5 single-family lots. The preliminary plat was approved by the Planning Commission on September 6, 1988, subject to conditions; and approved by the City Council on September 26, 1988, subject to the same conditions. The conditions for approval of the plat are listed below: 1. That driveway grades do not exceed the 10% standard. '2. That a plan is created for placement of excess material that will be generated by the site and maintained on the site. 3. That the existing driveway approach to CSAH 9 is removed and restored to curb and gutter pursuant to Hennepin County standards. 4. That work done within County right-of-way be approved through the necessary permit process. 5. That the existing 24' × 32' garage which would be on the property line of proposed Lots 3 and 4 be removed after approval of the final plat and prior to construction on Lot 4. ANALYSIS 1. Utilities The petitioner is required to provide underground utilities to the lots. The sanitary sewer and water service must be obtained from Flag Avenue and shall require plans approved by the MPCA, the Health Department, and the city of New Hope. Planning Case Report 88-24 Page -2- 2. Driveway Grade The petitioner has submitted a grading plan which shows driveway grades at the following levels: Lot 1: 12.7% Lot 2: 11.4% Lot 3: 12.5% Lot 4: 10% Lot 5: 8.5% Staff notes that acceptable grade is 10 percent. All driveway grades will be subject to review by the Building Official and city Engineer prior to issuance of building permits. 3. Retaininq Walls The grading plan shows retaining walls which encroach on easements and cross property lines. Construction of such retaining walls will not be approved by the Building Official or City Engineer. 4. Gradinq The final grading plan shall show drainage and storage/placement of excess fill generated and stored on the site. 5. Surveyor's Siqnature ~ The final plan should be amended so that the surveyor's signature appears on all sheets. RECOMMENDATION Staff recommends approval of the final plat for the Flag Addition, as proposed in Planning Case 88-24, subject to the following conditions: 1. That driveway grades do not exceed acceptable standards and are subject to approval by the City Engineer and Building Official. 2. That the existing driveway approach to CSAH 9 is removed and restored to curb and gutter in accordance with Hennepin County standards. 3. That work down within County right-of-way be approved through the necessary permit process. 4. That the existing 24' x 32' garage which would be on the property line of proposed Lots 3 and 4 be removed after approval of the final plat and prior to construction on Lot 4. 5. That utilities provided are placed underground and that plans for sanitary sewer and water service to be extended from Flag Avenue be approved by the MPCA, the Health Department, and the City of New Hope. Planning Case Report 88-24 Page -3- 6. That retaining walls do not cross property lines or encroach upon easements. 7. That final grading and drainage plans be subject to approval by the City Engineer. 8. That the final plan be amended to include the surveyor's certificate on all plat documents. 9. That the developer provide a bond or letter of credit for the public improvements in an amount to be determined by the City. Attachments: Final Plat - Flag Addition Grading Plan City of New Hope Planning Case Report Planning Case: 88-25 Request: Four Foot (4'~) Variance to the Required Thirty Foot (30') Front Yard Setback Location: 4417 Decatur Avenue North Zoning: R-1 (Single Family Residential) Petitioner: Glenn and Marlys Joly Report Date: September 29, 1988 Meeting Date: October 4, 1988 BACKGROUND 1. The petitioners are requesting a four foot (4') variance to the required thirty foot (30') front yard setback at 4417 Decatur Avenue North. The setback requirements are established in Section 4.034(3) of the New Hope Code of Ordinances. 2. The petitioners are proposing to convert the existing 529 square foot garage to a family room and then build a 23' x 22.5' (517 square feet) garage. The new structure will encroach four feet into the required, setback. The new family room will be 526.5 square feet. 3. The petitioners have not submitted a current as-built survey, so all measurements are estimates. ~ 4. Property owners within 350 feet of the site have been notified. Staff has received no comment to date. ANALYSIS 1. The attached site plan shows the expansion of the house. There is a home located at 4075 Ensign (3 blocks south) with a similar addition. No variance was required at this home, but it gives a good visual explanation of what the petitioner is proposing to do. 2. The variance criteria.is established in Section 4.~21 of the New Hope Code of Ordinances. While the petitioners are proposing to utilize their property in a reasonable manner, they could achieve the expansion by decreasing the size of the family room by four feet (4') which would result in a 438 square foot family room. A 526.5 square foot family room is considered to be quite large. Planning Case Report 88-25 Page -2- 3. The city has been conservative in its approval of front yard variance requests. Staff has no knowledge of front yard variances in the neighborhood. Staff is concerned that approval of this variance request could very likely establish precedent. RECOMMENDATION Staff recommends denial of the four foot (4') front yard variance at 4417 Decatur Avenue requested in Planning Case 88-25 because the petitioner has not met the variance criteria established in Section 4.221 of the New Hope Code of Ordinances and the petitioner could achieve the expansion without a variance. Attachments: Site Section (9-9-88) C,~.~._t,~Jfifl~ & .' ~-~.C:ATi. S, !NC. P.O. BOX 612] ~ND SURVEYORS _ , ,.,~Y t69& CCL'~T: ;~D ]8 · D4'~.3030 · M,NN~POLIS 24, MINN. ~ey For~ File No.. ~k Page . , ~ ' - , ~0. o7~ -- N_~ ~[. ~ ~" ~Co~ e = 5d BUILDING INSPECTOR VILLAGE OF NEW HOPE STATE REG. NO. ~508