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040285 Planning AGENDA PLANNING COMMISSION MEETING OF APRIL 2, 1985 City of New Hope, Minnesota 4401 Xylon Avenue North 7:30 p.m. 1. CALL TO ORDER 2. ROLL CALL PUBLIC HEARINGS Planning Case 85 - 3 3. (tabled from 2-5-85) Request for Conditional Use Per- mit for Accessory Food Sales. at 3535 Winnetka - Getty Oil Company, Petitioner. 4. Planning Case 85 - 7 (tabled from 3-5-85) Request for Conditional Use Permit for Drive-Through, variance in Parking and Construction Approval - 7202 42nd Avenue North - Taco John, Petitioner. 5. Planning Case 85 -. 10 Request for Sideyard Setback Variance - 8200 39th Avenue North - Patrick and Colleen O'Meara, Petitioners. 6. Planning Case 85 - 12 Request for.Rezoning from B-3 to B'2 - 7312 42nd Avenue North - Mike Wilder, Petitioner. COMMITTEE REPORTS ~~'~ ~/~~~ 7. Report of Design'and Review Committee. 8. Report of Land Use Committee. 9. Report of Codes and Standards Committee. NEW BUSINESS 10. Approval of Planning Commission Minutes of March 5, 1985. 11. Review of Council Minutes of March 11, and March 25, 1985. 12. Additional Comments, Suggestions, Requests of Public, Commissioners and Staff. 13. Announcements. 14. Adjournment. PLAN CASE REPORT DATE: March 29, 1985 PLAN CASE: 85-3 PETITION~iR: Getty Refining Co. REQUEST: Conditional Use Permit Household sales/foOd at service station SITE: 3535 Winnetka Ave. No. ZONING: B-3 ZONING ADMINISTRATOR COMMENTS; I. Submittal: III. A. No deposit was collected and should be provided. Current as-built land survey has now been submitted. II. Background: A. This site was developed with a service station in 1963. Petitioner's application was received at the request of staff when the operator was found to be selling packaged foods without a vending machine and the required conditional use permit and license. Concerns/COmments: (Refer to Exhibit I attached) Ae Be Ce The north curb cut on Winnetka Ave. No., a minor arterial street, violates Section 4.036 Sub. 4h iv, of the City Code and must be closed up. It is also only useable by south bound traffic because of the island on Winnetka Ave. South bound traffic will 'continue to have access into and out of the site using the remaining curb cuts. The east curb cut on the 36th Ave. frontage, a collector street, is also too close to the intersection and should be removed. The small site would still be left with two curb cuts and a drive-way of more than 24 feet that circles the site, allowing for continued reasonable use of all pumps at both i~lands from any compass direction. Landscaping on the site is almost non-existent and the problem curb cuts referenced above, present an opportutity for the petitioner to expand his retail use of the site while improving the safety and aesthetics of the property. The area indicated by letter "C" on exhibit 1, would be a perfect location for landscaping and new curbing with suitable plantings approved by the City. There is already a ground sign in the area and inadequate space for parking at this corner. The ordinance-required nine parking spaces can be provided on the west side of the lot as illustrated, five spaces for the motor fuel station and four spaces for the retail space. The striping does not exist presently and should include the hashed marks as illustrated Ee on exhibit 1, if this CUP is approved. The total sales area is proposed to be 580 sq. ft., slightly more than triple the amount they now have (168 sq. ft.) A question arises and should be confirmed: is the new sales area permitted by a CUP "subordinate'! to the primary use as required in~.4.125 Sub. 3. The bathrooms have been at various times unuseable by the public at this station. If this expansion is approved the bathroom doors should be relocated on the opposite wall to the interior space and continually open for the use of the public as required by the state building code. The amount of construction here would not require handicap code changes necessarily. Texaco USA 7851 Metro Parkway Minneapolis MN 55420 March 28, 1985 Mr. Doug Sandstad 4401Xylon Ave. North New Hope, MN 55428 Re: Texaco Station 3535 Winnetka New Hope, MN 55428 Dear Mr. Sandstad: EnClosed are the necessary items of information you have requested. 1. Current updated land survey. 2. Parking spot diagram. 3. Retail and storage areas. 4. Pro~d retail expansion. Hopefully, this information will enable you to recommend approval to the city for our request for a food license and off-sale beer license. The food license should be the type of license which you issue to convenience stores (Tom Thumb, Superamerica). If further information is required, please advise. Sincerely, C. E. Gregory 7851 Metro Parkway Minneapolis, MN 55420 854-7771 CEG:cp Enclosures i14AR 291985 4...I - I hereby certify that this ~ifi~te of Su~y I De~ription 0 Easement 0 Plan 0 Specifi~tion D or Building Lo~ti~ D was pre~r~ by me or und~ my direct supe~isl~ and t~t I am · duly R~istered ~nd Su~eyor B u~ the la~ of the S~te of Minn~o~. SC. ALE: I inch PLAN CASE REPORT DATE: ~,larch 29, 1985 PLAN CASW~: 85-7 PETITIONFR:Tom Winterhalter - Taco Johns REQUEST: CUP/Variance/CA SITE: 7202 - 42nd Ave. NO,, ZONING: B-3 ZONING ADMINISTRATOR COMMENTS; I. Submittal: A. Everything is in order. BRW has now submitted a traffic study and revised site plan. II. Background: A. This site was developed with a service station in 1961. B. That use was abandoned in 1979. The underground gas tanks were removed in 1980. Ce The present renter has a non-conforming use without a conditional use permit, and has been repeatly alledged to operate an illegal used car sales lot on this site. The condition of both the property and the building is poor. III.' COncerns/COmments: Ae Be All concerns of the Design and Review Committee have been addressed with the changes and the report. A sight triangle problem is illustrated with the latest proposal. All plantings must be shifted outside of that 20 foot triangle at the Southeast corner. C. The note on the Site Plan about "relocating existing fence" should be clarified: Previous drawings had suggested a new six-foot high wooden fence for screening purposes. The existing fence is both unattractive and in poor condition. D. All recommendations from BRW in the report should be considered a required component of the proposed development. !8 '\ 27 \, 20 ' ,,',h !hUll I:/ /j / ', EXISTING TREES ' ' WINDOW 2 TACO JOHN'S /' ONE WA~Y 13 ,,.,,,. ,,, s "x" \, ,o 'x, __'\' \ L. , \ I 42 hD AVENUE NORTH (COHNTY ROAD 9) uJ Z LU <~ Z SITE DATA EXISTING ZONING: AREA OF SITE: AREA OF BUILDING: B-3 22,975 SF./.53 ACRES 1,421 SF.(GROSS)/ 1,172 SF.(NET) STACKING DISTANCE REQUIRED IN B-4 ZONE: STACKING DISTANCE PROVIDED: PARKING REQUIREMENTS DINING AREA: KITCHEN AREA: CARRY-OUT AREA: PARKING PROVIDED: 180 FT. (10 SPACES) 166 FT (8 SPACES AT 18 FT/SPACE) 574 SQ. FT.+ 40 -14 SPACES 542 SQ. FT.+ 80 - 7 SPACES 56 SQ. FT.+ 15- 4 SPACES TL 25 SPACES 29 SPACES 23 CUSTOMER (1 HCP.) 6 EMPLOYEE PLANT SCHEDULE  PLANT NAME QTY SIZE ROOT COMMENTS G Iriacanthos inermiis ~enal' 4 CAL ~alUS x H~Q ~ple~ 3 CA~ Pinus sylvestris 6 6-8'~, Comus stolonifera'lsan~ 3 ,24' HT, POT PLANT 3'-O' OC, Loncefla xyloste~ ~ 8 24' HTPOT PLA~T ~'- OC, PF TZER ~NIPER Jun~pems chinensts pfi~e~5 ~4"SPD~ POT PLANT 4'-0' OC, Ribesa~ 79 ,24"~. POT ~P~ 2'~'~. ONE WAY ON-SITE SIGNAGE DRIVE- THRU LANE SIrE PLAN FOR: TPW INC. dba 7202 42ND AVENUE MARCH 28. In85 TACO ,JOHN'S NEW HOPE. MINNESOTA 0 510 ~0 30FT NORTH ARCHITECTURE BENNETT RINGROSE WOLSF£LD, JARVlS.GARDNER. INC ·THRESHER SQUARE · 700 THIRD STREET SOUTH · MINNEAPOLIS. MN 55415 · PHONE 612/370-0700 March 28, 1985 ...... City of New Hope 4401Xylon Avenue North New Hope, MN 55428 To the members of the Staff, Planning Commission, and City Council: Mr. Thomas Winterhalter, the applicant for a Conditional Use Permit to operate a Taco John's restaurant at 7202 42nd Avenue has engaged BRW, Inc., to assist in securing approvals for his proposed project. A number of issues have been raised by the Staff and Planning Commission based on site plan proposals pre- viously submitted, and previous meetings with both Staff and Planning Commission. BRW has prepared a modified site plan proposal, which is attached, with attempts to recognize and resolve all of the site issues which have been recognized to date. To this end, BRW has reviewed the proceedings of previous meetings with Mr. Winterhalter, reviewed the Design and Review Committee minutes from February 19, and March 19, and met on March 26 with Mr. Doug Sandstad and a representative of the City's Planning Consultant to review a modified site plan proposal. No staff reports or minutes from the previOus Planning Commission meeting were available. Based on this, the issues which were identified which require resolution in order that the project be approved center on the following areas: on-site traffic circulation; on-site parking, specifically number of spaces required, location, and dimensions; provision of adequate stacking lane for the drive-through operation; order board location and potential noise impact on neighbors to the north; sidewalk size and location for pedestrian circula- tion; adequacy of proposed landscaping; and hours of operation Each of these issues has been addressed in the proposed site plan dated March 28, 1985, and is explained in more detail below: On-Site Traffic Circulation The site plan has been modified to provide for one-way circulation throughout the site. This type of circulation is particularly appropriate for a con- venience food operation with a drive-through lane in order to eliminate conflicts between parking access and access and stacking space for the drive- through window. The site would be served with two curb cuts, one from 42nd Avenue, and one from Nevada Avenue. The curb cut at 42nd Avenue has been located so that the exiting lane aligns with the through movement lane past the drive-through window on the west side of the building. A traffic delineator island has been provided at the southwest corner of the building to direct entering traffic to the right into the one-way loop around the site, and to DAVID J. BENNETT DONALD W, RINGROSE RICHARD ~ WOLSFELD PETERE. JARVIS LAWRENCE J, GARDNER THOMAS F, CARROLL CRAIG A. AMUNDSEN DONALD E. HUNT MARK G. SWENSON JOHN 8, McNAMARA GARY J. ERICKSON MINNEAPOLIS DENVER BRECKENRIDGE ARNOLD J. ULLEVIG DONALD L. CRAIG PHOENIX City of New Hope March 28, 1985 Page 2 channel vehicles exiting the site from the drive-through window into the exit lane. The curb cut at Nevada Avenue has been shifted to the south of the loca- tion shown in previous site plans. This allows for parking spaces to be pro- ¥ided along the north side of the site, which would eliminate the need for traffic entering the north part of the site to circulate all the way around the building to the south and east sides of the site to find available parking space. This curb cut also allows for exiting via a right turn from the aisle east of the building so that customers parking south or east of the building can leave the site without circulating past the drive-through window. In addition to delineator islands, pavement marking and signage shown on the plan would serve to direct traffic. On-Site Parking Aside from parking space location which is part of the total circulation concept for the site plan, there are two parking-related issues which have been identified; first there is and has been some question regarding the number of spaces which should be provided, and second there is some question as to the interpretation of the dimensional criteria for parking spaces and aisles as pro- vided for in the Zoning Ordinance. Mr. Winterhalter has been confronted with a number of approaches to the determination of the appropriate number of parking spaces for the proposed use of the site throughout the process of seeking approvals. A literal interpretation of the zoning ordinance based on the use being defined as a convenience food operation would require one space per 15 square feet of gross floor area, or a total requirement of 95 spaces for the 1,421 square foot building. Staff initially recommended 25 spaces based on the application of one space per 15 square feet standard to the customer service (counter) area, and the appli- cable standard from the Code for restaurants to the kitchen and seating areas. This standard requires one space per 80 square feet of kitchen area, and one space per 40 square feet of seating area. This hybrid approach was applied to the net use area of the building as shown in the proposed floor plan and excluded an exiting corridor and bathroom areas. The Planning Consultant a~p'lied the same approach to a different floor area assumption and recommended 32 parking spaces. The revised site plan has been developed using the criteria of 25 required spaces with an attempt to approach the Planner's recommendation of 32 spaces. A total of 29 spaces are shown on the plan with 23 of the 29 free from any potential conflicts with the stacking lane. The additional six spaces would be utilized for employee parking and are located in close proximity to the rear service door. The parking is laid out at a 60° angle consistent with the one-way circulation. The single exception is a 90°~space in the southeast corner to eliminate conflicts where the two rows of angle parking intersect at right angles. The parking stalls and aisle widths are consistent with the Code requirements for 9 x 20 parking spaces and 57.4 foot bay width for 60° angle parking. A one and a half foot overhang at the curb line has been taken into consideration at the sidewalk south of the building, and for the eleven spaces along the north part of the site. Although overhang will occur at the south and City of New Hope March 28, 1985 Page 3 east curb lines, they have not been included in providing the code-required dimensions. It may be advisable to shift those curb lines one foot to the north and west, respectively, to protect the plant material proposed for the setback areas should the Planning Commission and City Council determine that overhangs In these two areas be allowed for consideration in providing the required parking dimension. Setback areas for parking spaces are provided per the Zoning Code, and a handicap parking space and identification sign are provided east of the building entrance per State Code. Drive-through Lane/Vehicle Stackin9 The site plan has been laid out to provide an eight-foot wide drive-through and stacking lane extending from the drive-through window around the north and east sides of the building. As noted earlier, this lane would limit access to six of the 29 provided parking spaces should the lane be occupied. There are no other conflicts between the stacking lane and parking access aisles. Although the Code requires 180 feet of stacking for similar use in a B-4 zone, it is silent on the stacking requirement for the B-3 zone. Using 180 feet as a goal, and within the other constraints of the site, 166 feet of stacking space can be made available for the drive-through operation. This represents space for eight vehicles at 18 feet per vehicle. Access to the lane is available from both curb cuts, although access from the north entry on Nevada Avenue may require vehicles to circulate around the site to get into the lane if five or more vehicles are waiting in the lane. This is not expected to be a frequent occurence. The lane would be delineated with pavement marking and signage as shown on the plan. Order Board/Noise Impact At the meeting which BRW attended on March 26, Staff and the Planning Consultant outlined two concerns for the location of the order board. First, in the loca- tion shown on previous plans, there was line of site connection between the order board speaker and the second floor of the home north of the site in spite of the intervening screen fence, which would indicate the potential for noise impact on the home. Second, it was pointed out that Planning Commission had a concern for the distance between the order board and drive-through window, and had in fact asked the applicant to increase that distance. In order to address the noise issue, the site plan is again proposing that the order board be located on the west side of the building. Staff and the Consultant agreed that this would eliminate the line of site connection and potential noise impact to the north, that the apartments to the northwest were far enough away that noise transmission was not an issue, and that the screen fence and existing trees on the west side of the site would protect the property to the west from impacts. This location does, however, reduce the distance between the order.board and drive-through w~ndow.to the-point where the first vehicle in line behind the one at the window is located at the order board and speaker with no intervening stacking area. This in no way affects the capacity of the stacking area for number of vehicles or capacity (orders filled per a given time period). Mr. Winterhalter has indicated that orders are filled as they are taken, and that a single employee is assigned to the drive-through operation. A back log of City of New Hope March 28, 1985 Page 4 orders which would be the only by-product of moving the order board further from the window would, therefore, have no effect on the speed of order filling and overall capacity of the drive-through operation. His experience in other loca- tions indicates that this arrangement will provide adequate service without exceeding the stacking space available. Sidewalks/Pedestrian Circulation The revised site plan shows increased sidewalk widths to five feet on the south and east sides of the building per the Staff's recommendation. In addition, a sidewalk would be extended past the end of the stacking lane in the island at the southeast corner of the building. Pedestrian ramps will be provided at the south end o~ that walk, at the north end of the walk east of the building, and directly in front of the entry doors on the south side of the building. Additionally, parking immediately south of the building will be striped to pro- vide for a six foor clear pathway through the parking spaces to the entry door. The handicap space has been located so that given its expected limited use at most times, additional open area will be available for pedestrian use at the entry. Landscaping The proposed site plan illustrates a revised concept for landscaping the site. The underlying philosophy of this concept is to use plant material of an ade- quate size to create an immediate impact, and to carefully locate that selected plant material in areas which will provide the best utilization of the plant material for its expected purpose, whether that be for visual impact, screening, softening of architectural elements, etc. Two areas for which Staff and the Consultant recommended additional landscaping were within the five foot setback east of the parking on the east side of the site, and along the north side of the site to provide screening and noise control for the property to the north. The revised plan has addressed those two concerns by providing hedge material as originally shown in the southerly setback area along the east setback area and by providing for increased size and quantity of evergreen material along the north property line. Since relocating the order board will solve the potential noise problem, the function of the evergreen trees is primarily to provide green relief and softening of the extensive fencing along the north property line. The size of deciduous trees proposed for the site has been increased for greater initial impact, and ornamental trees have ~been selected which will provide seasonal interest of color and form throughout the year. These have been located to highlight entry areas for vehicles and pedestrians. The hedge material selected is appropriate for use in the narrow areas available because it is particularly suitable for trimming into a formal hedge which can be main- tained at a height to pro¥ide~some~ screening of parked cars from the adjacent streets without obliterating views of the building and signage. As noted earlier, consideration of overhangs in the establishment of parking stall con- figuration and required dimensions could, by minor adjustment of curb locations, ensure that the hedge material would not be damaged by cars. The plan provides City of New Hope March 28, 1985 Page 5 for the three-foot space required between plantings and right-of-way lines. Areas on the site and within the public right-of-way where existing pavement will be removed are propsed to be sodded by the developer. Hours of Operation and Deliveries ~r. Winterhalterproposes~ a~s._part of the requested Conditional Use Permit that operating hours would be 10:00 AM to 1:00 AM for the interior customer counter and seating areas, and 10:00 AM to 2:00 AM for the drive-through operation. Deliveries would be scheduled during off-hours between 7:00 AM and 10:00 AM. Deliveries would be handled at the service door located in the northwest corner of the building utilizing the stacking lane/drive aisle as standing space for delivery trucks. It is hoped that the revised site plan and these comments address all of the concerns which have been raised to date regarding this project. We hope you will agree that the plan represents the best effort possible within the limita- tions of the existing site conditions to meet the intent, if not the letter of the regulations which apply to the proposed use of the site, and that it will result in a quality product which is an asset to the community. Sincerely, BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC. Mile~ Site Planner Howard Preston, P.E. Traffic Engineer PLANNING REPORT northwest associated consultants, TO: FROM: DATE: RE: FILE NO: Dan Donahue Alan Brixius 28 March 1985 Taco John's Conditional Use Permit and Variance 131.01 85.07 BACKGROUND At their last meeting, the New Hope Planning Commission tabled any recom- mendation on Mr. Winterhalter's requests for a conditional use permit for a drive-in convenience food establishment and a variance from the parking requirement. The Planning Commission expressed a willingness to work with the applicant, however, directed him to seek professional assistance in resolving the following site concerns: The internal site circulation. The site landscape plan. The applicant has contacted BRW'to prepare a revised site plan. Mr. Miles Lindberg of BRW has met with staff and subsequently submitted the attached site plan for City consideration. ISSUES AND ANALYSIS Use. The site in question is zoned B-3 which allows for a drive-in convenience food establishment as a conditional use. Currently, the site is occupied by an auto repair business which has become run down and unsightly. The site's proximity to the residential use to the north raises a concern over the compatibility of the present use in this area of New Hope. A positive factor of this proposed development would be the change of uses. A convenience restaurant would have less a negative impact on the existing neighborhood than would the present auto repair. 820 minnetonka blvd. minneapolis, minnesota, ste. 420 55416 tel. 612/925-942© Dan Donahue 28 March 1985 Page Two Through the implementation of the City's zoning performance standards, the City has the opportunity to redevelop and enhance this site. Internal Circulation. Presently, the site has two access points from 42nd Avenue. The current use is automobile repair and service. The two curb cuts are less than sixty feet apart and one is just twenty feet from the intersection. This can cause significant traffic hazards along this area. The proposed restaurant development would eliminate the access nearest the intersection on 42nd Avenue and relocate it on Nevada, much further from the intersection. Such an action would serve two purposes. First, it would reduce traffic con~ flicts at the intersection and second, it would ease the circulation through the site. The latest site plan proposes a one-way circulation pattern through the site. All traffic is required to move counter clockwise through the site to access parking stalls or the drive-through service lane. By prohibiting two-way traffic on the site, many of the ackward traffic movements and conflicts have been resolved. Several areas still present minor concerns as follows: 1. 'Traffic entering from Nevada Avenue must travel around the building to find a parking stall or enter the drive-through lane if the rear of the site is all occupied. This is a matter of customer inconvenience which is a minor concern when considering the overall site function. 2. Pedestrian traffic from the eatern and northern parking stalls must cross the drive-through lane to access the restaurant. The site design shows that the first 16 parking stalls on the south and east side of the building should be able to access the building without crossing the stacking lane. The applicant is proposing to use the rear stalls for employee parking to further reduce the potential for automobile and pedestrian conflicts. Revfew of the site plan indicates that site layout attempts to address this concern in a functional manner. Parking. Required parking for the proposed use is calculated in the follow- ing manner: One space per each gO square feet of restaQrant style seating area; one space per each 15 square feet of lobby/fast food waiting area; one space per each 80 square feet of kitchen area. Based on the standard, a total of 32 parking stalls is required. The applicant met with staff and presented a site plan that showed 32 parking stalls, however, due to potential conflicts with the drive-through lane, staff directed the applicant to remove three parking stalls abutting the east side of the building and locate the drive-through lane there. The Planning Commission had indicated that there could be some flexibility with required standards, provided the circulation was i'mproved. Dan Donahue 28 March 1985 Page Three The revised parking layout shows 29 parking stalls. The stalls are angled 60. degrees to provide adequate driveway aisles. The 57.5 feet proposed across the front parking area will result in some overhang on the sidewalk and the boulevard. This conforms to City performance standards. Th~ site plan shows curbing around the entire parking lot. The lot will have a bituminous surface. Drainage plans should be submitted for the review and a~pprgva_l bf ~the City Engineer. 'LOading A loading berth is not required for a commercial building under 5,000 square feet in size. As a condition of the conditional use permit, the City should require that all deliveries to the site take place prior to business hours to avoid conflicts with customer traffic. Service Lane. At the suggestion of City staff, the applicant has located the drive-through lane around the building, as shown on the site plan. This arrangement segregates the drive-through traffic from the parking areas and also provide additional stacking space. The drive-through service lane has a length of 145 feet which is below the 180 foot service lane standard. The site does not provide sufficient area to allow additional stacking space. We would recommend some flexibility from the standard. No formal variance is required since this performance standard is not formally established in the B-3 zoning district.. Lighting. All on-site light must be hooded and directed away from the abutting residential areas and public streets. Trash Enclosure. The trash enclosure is to locate at the back of the building. The enclosure area should fully screen the trash dumpster. The enclosure should also be constructed of material that is compatible and complementary to the building design. Ordering Board. The ordering bQard is located on the west side of the building, directed toward another commercial property. The adjacent property will be buffered from the ordering board by a 6 foot fence and some existing trees. Five Scotch Pines, 6 to 8 feet in height are proposed to be located in the northwest corner of the site to buffer the adjacent mul%iple family uses. Landscaping. The applicant's site plan showS landscaping around the perimeter of the building and at the periphery of the site. A six foot fence and a row of Scotch Pines are being proposed to screen the commercial use from the residential uses to the north and northwest. The Pine trees shall be 6 to 8 feet in height in response to the Planning Commission's request for a more substantial landscape screen. A landscape hedge is proposed along.the south and east sides of the site to screen the parking lot from public streets. The old curb cuts shall be removed and replaced with sod or sidewalk in the boulevards. The plant materials and size are consistent with the City's zoning requirements. Dan Donahue 28 March 1985 Page Four RECOMMENDATION The current site plan shows marked improvement over the previously submitted plans. A variance from the parking requirement is necessary to implement this plan. Based on our review of the newly submitted site plan, we feel that the applicant has attempted to respond to the City's recommendations and we would recommend approval of the applicant's request for conditional use permit and variance with the following conditions: 1. All deliveries to the site occur prior to business hours. 2. All lighting must be hooded and directed away from residential properties and public street. 3. The trash enclosure be constructed of materials that are compatible and complementary to the building. 4. Security is posted for the landscaping improvements. 5. The restaurant signage be in compliance with the New Hope Sign Ordinance. 6. The operational hours for the drive-through window should be established to minimize the nuisance factor of the service window and menu board on adjacent residential uses. cc: Doug Sandstad SOD AnEA \ 27 ', 26 ~,125 24 ' 23 ~* 22 ' 21 ~ 20 ~ x \ ', t " \~ ', "' ' ~__~ ,/~ ....~ ~' F-w/-~ ' ,~0' ~ , '~'. -f I "' -- ,wm~uw~ _< 17 I!'-~-m'---:-T-~:'--~':~!.~,I Stacking Lane )' ~"!"'-, ! '.'i~::-~--~",~',"?'-'~.,j~i Ir 145 in Length < : ','i ¥ ONE W.Ay ! I ~ '~ Remove Curb Cuts · · ,.~.r ~'12 5 ~ ~. \. ? 8 9 10 11 ~ i ' ' '" ." 42 ND AVENUE NORTH (COUNTY ROAD 9) SITE DATA EXISTING ZONING: B-3 AREA OF SITE: 22,975 SF./.53 ACRES AREA OF BUILDING: 1,421 SF.(GROSS)/ 1,172 SF.(NET) STACKING DISTANCE REQUIRED IN B-4 ZONE: 180 FT. (10 SPACES) STACKING DISTANCE PROVIDED: PARKING REQUIREMENTS DINING AREA: KITCHEN AREA: CARRY-OUT AREA: PARKING PROVIDED: 166 FT (8 SPACES AT 18 FT/SPACE) 574 SQ. FT.+ 40 -14 SPACES 542 SQ. FT.+ 80- 7 SPACES 56 SQ. FT.+ 15- 4 SPACES TL 25 SPACES 29 SPACES 23 CUSTOMER(1 HCP.) 6 EMPLOYEE PLANT SCHEDULE ! KE~ PLANT NAME QTY SIZE ROOT COMMENTS M~ X Heu bpl~ 3 CAL C-' P~S sylves~is 6 ~8'~. B&B ~s stoloniJera'ls~u" 3 24' ~. POT PLANT 3%0. OC. E L~a xyiosle~ ~ 8 (24' ~, ~T PLANT 2'- OC, ~ ~li~sl pf~m ~ 24'SPD, ~T PLANT 4'-0' OC, , Ribes a~ 7g 24' ~, POT ~ 2'~' ~ J ONE ~ ·WAY Existing ON-SITE SIGNAGE DRIVE- THRU LANE SITE ['LAN FOR: TPW INC. dba 7202 42ND AVENUE MARCH 28 1985 TACO JOHN'S NEW HOPE. MINNESOTA 0 5 10 20 30FI NORTlt PLAN CASE REPORT DATE: PLAN CASE: PETITIONER: REQUEST: SITE: March 28, 1985 85-10 Patrick & Coleen O'Meara Side-yard set back variance for garage 8200 - 39th Ave. No. ZONING: R-1 ZONING ADMINISTRATOR COMMENTS; I. Submittal: A. Everything is in order II. BackgroUnd: A. The single-family home with a tuck under single garage was built in 1962. B. The site slopes gradually toward the west, which is the garage side of the home and the original survey approved (copy attached), shows that the home was to be placed twenty feet from the west side property line, which would have permitted the proposed addition without a variance. Note from the current "as built" survey that the home was located ten feet further to the west, which has created the problem and forced the need for a variance. III. Comments/Concerns: Ae A non-economic hardship exists here, both because of the shape of the lot and the location of the existing structure, both of which prevent a double-car garage in any other location on the site~ attached to the home. Bo The three foot set back to wall line must be closely evaluated with regard to roof design and overhang and slope so that drainage off the roof does not worsen any condition at or beyond the property line, than those that exist presently. A flush gable roof is recommended by staff. C. The most affected property owner at 8208 - 39th Ave. No., must be taken into consideration. Comments from this owner are pertinent. L f C&SWi I. ENGBN :E RIING Registered Professional Engineers and Land Surveyors . CERTIFICATE OF SURVEY ·: ' - I hereby certify that this is a true and correct representation of a survey of the boundaries of the land described above. It does not purport to show improvements on encroachments, if any. ,As surveyed by me this .~,~ ,'.o .- t~::2~'".7'~:::~/~.~'-.~:> , 19_~__~_. day of · -Page CO. CASWELL ENGINEERING CO. ................... M,nne$ota Regiitratlon No Phone HA. 5-2181 :NOI/dlMOS~Q >!EIV~HON=II3 N OI/VA:I-FJ ~l:JVl,fl HO N:I~ ~FIM:3S At:IVIINVS I:iOO'1-1 J.S~MO"I IDOO'1-4 =l 9Vl::lV9 NOLLVQNnO:I =10 dOJ. I:t00'1-.I ISUI:I euou :SNOIJ.¥A=I'I'~ O~lSOclO~cl HONI~dJ~]~ NI]3VOS 8nld o!lseld ql!~n ed!d al .ZlL solouea ,,o,, s'loawAcJ auYaNYJ.S NI:I/dM.L/O~S BOP PLAN CASE REPORT DATE: PLAN CASE: PETITIONER: REQUEST: SITE: March 29, 1985 85-12 Mike Wilder Rezoning from B-3 to B-2 7312 - 42nd Ave. No. ZONING: B-3 ZONING ADMINISTRATOR COMMENTS; I. Submittal: A. Everything is in order. A current survey has been included with the application. II. Background: A. This site was zoned industrial in 1956. Ordinance 60-19 changed that classification to general business in June of 1960. We are not sure when the structure was built, but it was connected to city sewer and water in 1961. The GB designation continued until 1979, when Ordinance 79-11 designated this site and 16 others in the area as B-3. III. Concerns/Comments: A. The present use is non-conforming:'.a print shop in the B-3 zoning district. Be Ce There does not appear to be a non-economic hardship that would justify either the variance for the under-sized lot or the variance for the inadequate parking spaces. The concept of rezoning property which could then not be developed without variances is an inappropriate direction for zoning changes. De The parking variances could aggravate a traffic problem within the site or on the public roadway near an intersection that is already congested. Ee Refer to the NAC report dated March 20, 1985. Note that 47% of the 17 properties zoned B-3 in this two block area are non-conforming uses at present. Rezoning of this site alone would not be appropriate. northwest associated consultants, inC PLANNING REPORT TO: Dan Donahue FROM: Alan Drixius DATE: 20 March 1985 RE: Wilder Rezoning FILE NO: 131.01 - 85.12 BACKGROUND Mr. Michael Wilder has requested that the City of New Hope consider re- zoning the lot at 7312 42nd Avenue from "B-3", Auto-Oriented Business District to "B-2", Retail Business District to allow for the development of an office building. The applicant is also requesting variances from the B-2 lot area and lot width requirements, as well as the office parking requirements to permit the development to occur. REZONING The City of New Hope has adopt6d the policy of only rezoning a property under two instances: If the character of the area has changed to warrant consideration of a zoning change. 2. If the current rezoning resulted from a past rezoning mistake. The proposed site is located on 42nd Avenue between the railroad tracks and the City's eastern boundary. With the exception of three lots along the north side of 42nd Avenue, the entire area i:s zoned B-3 (see Exhibit B). If the site in question meets the criteria for rezoning, it would suggest other commercial properties in the area are also inappropriately zoned. In our review, we have not only looked at the individual site, but also con- sidered the appropriateness of the B-3 zoning on the adjacent properties. 4820 minnetonka blvd. minneapolis, minnesota, ste. 420 55416 tel. 612/925-9420 Dan Donahue 20 March 1985 Page Two The area along 42nd Avenue has a mixture of office, retail and automobile oriented commercial uses, as well as some high density residential develop- ment. The office and small retail businesses are currently nonconforming uses under the B-3 zoning district (see Exhibit C). While these businesses would be permitted uses in the B-2 zoning district, they would remain non- conforming with regard to the B-2 zoning performance standards. The B-3 and B-2 zoning standards are as follows: District Lot Area Lot Width B-2 I Acre 100 Feet B-3 N/A N/A The table below shows how the commercial uses along 42nd Avenue relate to both the B-3 and B-2 zoning district use and area requirements. Lot Comparison Existing Size With Lot Area Land Use Area Width Standards B-3 B-2 Sq. Ft. Feet B-3 B-2 1. Office NC 2. Office NC 3. Office (Site in Question) NC 4. Taco John's C 5. Paro's Pub C 6. Crown Auto C 7. Cook Auto Ent. C 8. Office NC ~ 9. 1st Line Engine Repair NC 10. All Star Sports NC 11. Vacant - 12. Vickers C 13. George Cafe) C 14. Video Shop ) NC 15. Tom Thumb NC 16. Broadway Pizza C 17. New Hope Bowl C C 5,250 35 C NC C 12,000 80 C NC C 12,000 80 C NC NC 24,000 150 C NC NC 61,950 210 C C NC . 35,900 170 C NC NC 19,500 130 C NC C 9,000 75 C NC NC 9,000 C 15,000 - 15,000 NC 11,100 C 12,500 C C 12,500 C 18,000 NC 95,200 C - Conforming NC - Nonconforming Compari son With Lot Width Standards B-3 B-2 C NC C NC C NC C C C C C C C C C NC 75 C NC C NC 120 C NC C C 120 C NC C C 88 C NC C NC 100 C NC C NC 100 C NC C NC 120 C NC C NC 160 C NC C NC Dan Donahue 20 March 1985 Page Three While there exists a concentration of B-2 commercial uses between the rail- road tracks and Nevada Avenue that suggest that the character of the area adjacent to the lot in question has changed or is inappropriately zoned, rezoning this area to a B-2 district would not bring these uses into con- formity with the City's zoning requirements, as they do not comply with the B-2 performance standards. These businesses would still be governed by the nonconforming use provisions of the New Hope Ordinance which prohibits their expansion. As in the case of the applicant's site any development on these lots would require variances from the lot area requirements. A rezoning which would result in the need for the processing of variances should be discouraged. Under the B-3 zoning, the City has recognized the small lot sizes and identified the intended uses for this area of the City. If the City feels that the character of the area has changed and that a lesser intense commercial district is more appropriate for the site in question and the surrounding area, the City has the option of amending the B-2 perfor- mance requirements. Considering that the B-2 district is intended to be low intensity retail and service, a lot size smaller than 1 acre may be appropriate. VARIANCES The applicant has requested variances from the B-2 lot area and lot width re- quirements, as well as the parking requirements for an office building. To grant a variance, the applicant must demonstrate to the City a noneconomic hardship that is unique to his site which prevents the reasonable use of the property under the conditions allowed by the City's official controls. Review of the applicant's site does not r~veal a physical hardship that prevents the use of the property. The~following items indicate that the variances are not warranted: 1. The site can be utilized un'der the B-3 district without variances. 2. The need for the variances is created through a rezoning, not by a physical hardship. o The lot size of the applicant's site is comparable to other lots in the area. As such, the hardship is not unique to the applicant's site and may result in a precedent if other lots in the area are also rezoned. o The applicant is proposing a two-story office building that requires 17 parking stalls. The applicant's site plan shows 14 parking stalls. The inability to provide the required parking indicates that the site lacks sufficient area to accommodate the proposed 3,120 square foot office building. Reducing the building would reduce the amount of required parking. The building size is an economic consideration which would not warrant a variance. Insufficient off-street parking for uses along 42nd Avenue would contribute to traffic safety problems which already present a major concern in this area of the City. Dan Donahue 20 March 1985 Page Four RECOMMENDATION Based on our review of the applicant's rezoning request, we cannot recom- mend approval of the rezoning in that the site does not conform to the B-2 performance standards and is not buildable without variances. A rezoning and variance approval would establish an undesirable precedent for other properties in the area. If the Ci'ty feels that a low intensity zoning district is appropriate for this area of the City an amendment of the B-2 performance standards is suggested to eliminate the need for variances. In review of the applicant's variance request, we would recommend the pro- posed variances be denied on the following basis: 1. The variances would be contrary to the New Hope planning policies and Zoning Ordinance. 2. No noneconomic harship exists that warrants the variances. 3. The l~ck of adequate parking would contribute to traffic problems on 42nd Avenue.. cc: Doug Sandstad Michael Wilder L l.S U8 .~! SITE IN QU 0 z I '~ 41st [42nd Ave No.) AVE. NO.-' EXHIBIT C LAND USE MAP SITE IN Qu WE~?~,~_ E '~ 41st EXHIBIT B ZONING MAP