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070285 PlanningWORK SESSION: AGENDA PLANNING COMMISSION MEETING OF JULY 16, 1985 City of New Hope, Minnesota 4401 Xylon Avenue North 7:30 p.m. 1. CALL TO ORDER 2. ROLL CALL PUBLIC HEARINGS 3. Planning Case 85-18 - Request for Conditional Use Permit for Day- care at 3540 Winnetka Avenue North - (Holy Nativity Lutheran Church) - Northwest YMCA, Petitioner COMMITTEE REPORTS 4. Report of Design and Review Committee 5. Report of Land Use Committee. 6.Report of Codes and Standards Committee NEW BUSINESS 7. Discussion with Planning Consultant - Marketing Study for 42nd Avenue 8. Discussion of Study on Mini-warehouse Construction 9. Approval of Planning Commission Minutes of June 4, 1985 10. Review. of Council Minutes of June 10, 1985 and June 24, 1985 11. Additional Comments, Suggestions, Requests and Staff 12. Adjournment of Public, Commissioners SPECIAL PLANNING COM~ISSION MEETING Tuesday, July 30, 1985 7:30 a.m. There will be a speci.~l meeting of the Codes and Standards Committee the City Manager and the Planning Consultant. The meeting will be held at the Town Crier Restaurant, 2480 Winnetka Avenue North, Golden Valley, Minnesota. The following items will be discussed: 1. Discussion of Recommendations of City Attorney in Regard to Proposed Ordinance Changes. 2. Sections 4.233 - Performance Bonds for Variances 4.202 - Termination of Special Zoning Approval 3. Sections 4.037 - Off-Street Loading 4. Section 4.032 - Garage Location Limitation, and Section 4.034 (3) - Setback Standards - R-1 and R-2 Districts 5. Section 4.032 (3) - Accessory Buildings, Uses and Equipment Section 4.035 - Area and Building Requirements Section 4.036 - Off Street Parkinq 6. Review of Draft Ordinance - Minor Variances 7. Clarification of Language Pertaining to Conditional Use Permits. 8. Section 4.221 (3) - Earth Sheltered Homes 9. Review of Recommendations of Building Official. 10. Section 4,134 (5) - Stacking Lane Requirements Section 4.124 (3) - Drive-in and Convenience Food 11. Section 3.467 (3) - Sign Ordinance 12. Discussion Regarding Self-Storage (mini-warehouse) Facilities and Recommendations of Planner. MEMORANDUM TO: FROM: DATED: SUBJECT: Planning Commission Director of Administrative Services for City Manager JUly 12, 1985 Planning Commission Agenda of July 16, 1985 7 Planning Case 85-18 Refer to Doug Sandstad's Planning Case No. 85-18 Report. The Market Study on 42nd will be delivered on Monday by the Planning Consultant. Information on the Mini-Warehouse Construction is in the packet for consideration. PLAN CASE 3. Planning Case 85-18 REPORT DATE: July 11, 1985 PLAN CASE: 85-18 PETITIONER: Rev. Wahl for Holy Nativity Ev. Lutheran Church (+Y.M.C.A.) REQUEST: Conditional Use Permit for Group Day Care Center in R-O Zone * SITE: 3540 Winnetka Ave. No. ZONINO: R-0 ZONING ADMINISTRATOR COMMENTS; I. Submittal; A. Everything is in order, although we have no drawings, II. Background; A. The site, in question, has had two buildings on it for about 15 years, both used for religious/worship functions. The property is zoned R-O and.located on the corner of an intersection of a collector level street and a minor arterial street. The site not adjacent to any residential uses and it has a surplus of available on-site parking spaces. B. The C.U.P. requested is allowed by the text change which our Council reviewed and approved in 1983 for a similar operation, which has been in operation at 5016 Boone Ave. for two years. Please refer to Plan Case 83-42. III. Concerns; A. All eleven conditions in the ordinance (draft-Aug.23,1983) should be followed and formally agreed to by the petitioner. B. A Comprehensive Sign Plan will be necessary because we will have three separate uses on the site, if this C.U.P. is approved; Holy Nativity Church, P.R.I.S.M. and Y.M.C.A. Day Care Center. Note that Ordinance 3.463 allows very little signage for these types of uses. C. Asite plan illustrating the parking, drop-off and loading areas is needed, prior to the requiredqot-striping. D. The site plan should also detail the outdoor play area and its screening. E. Staff have already advised the property owner ofastate Building Code problem with the proposed use in a "basement". northwest associated consultants, inc. July 1, 1985 Mr. Dan Donahue, City Manager City Administrative Offices 4401Xylon Avenue North New Hope, Minnesota 55428 RE: Self Storage (Mini Warehouse)Facilities File No: 131.01 Dear Mr. Donahue: Based upon comments received from Mr. Sandstad and Mr. Smith we have revised our 10 June 1985 draft of regulations addressing mini storage facilities. Additionally, we have made several other text changes based upon our continu- ing investigation of this matter. Relative to the points made by Mr. Smith and Mr. Sandstad, it should be noted that their position is that points (g) and (b) of the conditional use provisions should be an "either/or" situation. We have continued to list these as two separate and distinct requirements based upon the fire hazard which exists plus the minimal tax generation considerations. Under this philosophy we are stating that a mini warehouse facility must take on extra protection for public safety. Again, we are available at your convenience to discuss this matter further. Very truly yours, NORTHWEST ASSOC~~NC. President~/ DRL/nd CC: William Corrick Doug Sandstad Doug Smith 4820 minnetonka blvd. minneapolis, mn, ste. 200 55416 (612) 925-9420 northwest associated consultants, inc. PLANNING REPORT TO: FROM: DATE: RE: FILE NO: Dan Donahue, City Manager David Licht 10 June 1985 - Revised I July 1985 New Hope Self Storage (Mini Warehouse) Facilities 131.01 PREFACE At your directive, our office has undertaken a study of self storage (mini warehouse) facilities. The attached memorandum provides documentation of our study and findings. Based upon our study findings plus subsequent discussions with you and the City Attorney we have proceeded to draft zoning regulations considered as appropriate to govern the self storage developments and uses which may occur within the City. A background discussion and suggested zoning ordinance text follow. DEVELOPMENT AND USE ISSUES In evaluating self storage facilities, a number of significant issues have been identified. These issues generate points of concern which subsequently should be addressed by the zoning ordinance. Residential Facilities - Compatibility. Beyond the internal site harmony, a compatibility at a broader area scale exists with residential facilities accessory to mini warehouses. By allowing residential uses within industrial districts, a potential environmental problem with noise, odor, light is created. As the City of New Hope is aware through past problems between residential and industrial uses, such situations can be quite significant. Additionally, it would seem inappropriate to impose special standards on surrounding _neighboring industries for the introduction of a residential use within an "exclusive" industrial area. It is therefo~ suggested that in such cases accessory residential facilities be designed and positioned to minimize any potent-iai environmental concerns. 4820 minnetonka blvd. minneapolis, mn, ste. 200 55416 (612) 925-9420 Dan Donahue 10 June 1985 Page Two o Potential safety problems for the residents of a care taker facility are also seen to exist. Beyond the question of noise, semi-tractor-trailers pose a potentially dangerous situation, especially if children are involved. The hazard of fire from materials stored at the facility or surrounding industries is also a potential concern. Beyond having special standards to address these specific issues, a conclusion can also be reached at an exclusive industrial area is a highly questionable location to allow accessory residential uses. As such, consideration should be given to the creation, of a new zoning district which would more appropriately accommodate business and industrial activities which require on-premise, live-in quarters. Caretaker/Watchman Facilities - Development Standards. A frequent accessory use associated with self storage facilities are living quarters for caretakers or watchmen. Quite commonly no special standards or provisions are imposed upon these living units. 'As the City has no control on who the operator may hire to occupy such units, building site, and usable open space requirements would seem appropriate to insure livability and harmony between the residential and business activities. Building Design/Construction. Both a public safety as well as aesthetic concern are raised by the design and positioning of self storage buildings From an aesthetic consideration, long narrow buildings create a wall effect which may or may not be viewed positively. This design consideration also, however, has implications for fire protection. Given the fact that the City has no effective means whereby to control and police the materials which are stored within the warehouse units, any appropriate control would be to limit the size and length of structures. In this same regard the separation of structures is an added minimal protection which appears justifiable from a fire protection concern. Beyond the size and locatio~ of structures, the building material standards which are imposed should be the maximum again given the fact that there is basically unregulated storage. In this same vein, dry sprinkling systems and stand pipes plus close proximity to or installation of fire hydrants are seen as essential for basic protection. Given the low tax revenue generation of self storage facilities, the use should be required to carry the burden of minimizing the public safety risk. Dan Donahue 10 June 1985 Page'Three RECOMMENDATION Based upon the foregoing considerations and upon analyzing the zoning district options which are available in the New Hope Zoning Code, we have concluded that several major changes to the Zoning Code are necessary to appropriately handle mini-self storage facilities. A first and fundamental change is the creation of a new transitional zoning district to accommodate nonresidential uses which are not strictly commercial or industrial in character. This district would address a broader range of uses than simply self storage/mini warehouse facilities. Due to the special concerns noted with regard to self storage/mini warehouse facilities, these uses are recommended as being handled as conditional use activities. Our suggested approach to address these matters is as follows: "T-i" TRANSITIONAL ZONING DISTRICT Purpose. The purpose of the "T-I" Transitional Zoning District is to provide for the establishment of a specialized zoning district to accommodate unique, nonresidential activities which are not strictly commercial or industrial in character. The "T-l" Transitional Zoning District is to typically be applied in areas and to sites located between residential and nonresidential uses. Permitted Uses, "T-I" The following are permitted uses in an "T-I" District: (1) (2) (3) (4) (5) (6) (7) (8) Governmental and public utility buildings and structures, not including outside storage. Commercial/leased offices. Medical and dental clinics. Public and semi-public educational and religious buildings and uses. Private clubs for handball, racket ball, tennis, etc. Indoor commercial recreation. Public parks, playgrounds ~nd related buildings and structures. Mortuaries and funeral homes. Accessory, Uses, "T-i" (1) (2) (3) (4) Parkin9. Off-street parking as regulated by Section 4.036. Off-Street Loading. Off-street loading as regulated by Section 4.037. Signs. Signs as regulated by and in compliance with Chapter 3. Buildings. Accessory buildings and structures which are utilized in support of the principal building and principal use of the site not to exceed twenty-five (25) percent of the gross floor area of the principal building or one thousand square feet, whichever is least. Conditional Uses, "T-I" The following are conditional uses in an "T-I" District:. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 4.20, and compliance with Section 4.036, Parking; 4.037, Off-Street Load- ing; Chapter 3, Signing.) Dan Donahue 10 J~une 1985 Page Four (1) Comment: Due to lot coverage this require- ment is seen as necessary for drainage concerns. Comment: Allows for fire truck manue- verability. Comment: Concept is to minimize fire hazard. Comment: Suggestions made by Director of Fire and Public Safety. Self storage (mini warehouse) facilities, provided that: (a) (b) At least thirty-five (35) percent of the site is open, green space which is sodded and intensely landscaped in accordance with a plan approved by the City Council. Building coverage shall not exceed forty (40) percent of the lot area. (c) No buildings shall be located closer than thirty-five (35) feet to each other to allow for parking, loading, driveway and fire lanes. (d) (e) (f) (g) (h) (i) (J) No building shall be greater than one hundred fifty (150) feet in length. Adequate space is provided for snow storage. All structures are to be within two hundred (200) feet of a fi re hydrant. All storage buildings are to be equipped with dry sprinkling systems which will be subject to review and approval of the City Building Official and the City Director of Fire and Safety. Every 2,000 square feet of the storage structure is to be separated by a fire wall and a complete and comprehensive fire alarm system with smoke detectors shall be initiated in each structure subject to the review and approval of the Director of Fire and Safety. All driveway~ and parking areas are to be hard (blacktop or concrete) surfaced and adequate turning radius for fire truck maneuverability is to be maintained throughout the site. Designated snow storage space is to be provided to insure adequate and safe access during winter months. Accessory living quarters on the site are to be in a separate structure and are to conform to Uniform Building Code and Zoning Ordinance design standards for single family dwelling units. At least two thousand five hundred (2,500) square feet of usable open space which is in addition to any other open space, green area requirement is to be provided expressly for the accessory living quarters. 'Dan Donahue IO June 198~ ,Page~Five (k) Any structures having exposure to an adjacent residential use or public right-of-way, park, or similar public use areas shall be of brick, natural stone, wood, or stucco facing material. (1) Lot Requirements, "T-I" No ~etailing, wholesaling, manufacturing, repair, or other such activity other than storage is to occur within the self storage, mini warehousing facility. (1) Lot Area. One (1) acre (2) Setbacks. (c) Front Yard: Side Yard: Rear Yard: Fifty (50) feet. Interior lot line twenty (20) feet, street lot line forty (40) feet. Thirty-five (35) feet. SUMMARY We emphasize that this is a preliminary draft of suggested regulations which require the review of City staff, the Planning Commission and the Mayor and City Council. Once an approach and content of regulations have been agreed upon by these parties, the City Attorney needs to place the material in appropriate ordinance format for public hearing and adoption. CC: William Corrick Doug Sandstad Doug Smith northwest associated consultants, inc. June 10, 1985 Mr. Dan Donahue, City Manager City Administrative Offices 4401Xylon Avenue No. New Hope, Minnesota 55428 Mr. Doug Sandstad, City Building Official City Administrative Offices 4401Xylon Avenue No. New Hope, Minnesota 55428 Mr. William Corrick Attorney at Law 3811 West Broadway Minneapolis, Minnesota 55422 RE: New Hope - Self Storage (Mini Warehouse) Facilities File No: 131.01 Gentlemen: Based upon the study which we conducted plus the general directions we have received, we have prepared a report justifying and recommending zoning actions to be taken by the City of New Hope in regulating mini warehouse facilities. A copy of our report, stamped preliminary, is attached for your review and comment. We would very much appreciate your detailed analysis of the material which we have prepared. Upon completing your evaluation of this material, please contact me with any suggested additions or modifications which you may have to offer. U@on receiving authorization we will proceed to finalize the report so that it can be distri- buted for formal consideration by City officials. It is our hope that our work on this matter can be completed before i July. Sincerely yours, ~2J /~S E~~x EST ASSOC × I NC .- David R. Lich/lh/t~;, AICP - President ~ DRL/nd 4820 minnetonka blvd. minneapolis, mn, ste. 200 55416 (612) 925-9420 PLANNING REPORT northwest associated consultants, inc. TO: FROM: DATE: RE: FILE NO: Dan Donahue, City Manager David Licht 10 June 1985 New Hope Self Storage (Mini Warehouse) Facilities 131.01 PREFACE At your directive, our office has undertaken a study of self storage (mini warehouse) facilities. The attached memorandum provides documentation of our study and findings. Based upon our study findings plus subsequent discussions with you and the City Attorney we have proceeded to draft zoning regulations considered as appropriate to govern the self storage developments and uses which may occur within the City. A background discussion and suggested zoning ordinance text follow. DEVELOPMENT AND USE ISSUES In evaluating self storage facilities, a number of significant issues have been identified. These issues generate points of concern which subsequently should be addressed by the zoning ordinance. Residential Facilities - Compatibility. Beyond the internal site harmony, a compatibility at a broader area scale exists with residential facilities accessory to mini warehouses. By allowing residential uses within industrial districts, a potential environmental problem with noise, odor, light is created. As the City of New Hope is aware through past problems between residential and industrial uses, such situations can be quite significant.. Additionally, it would seem inappropriate to impos~--- special standards on surrounding neighboring industries for the introduction of a residential use within an "exclsive" industrial area. It is therefore suggested that in such cases accessory residential facilities be designed and positioned to minimize any potential environmental concerns. 4820 minnetonka blvd minneapolis, mn, ste. 200 55416 (612) 925-9420 . Dan Donahue 10 June 1985 Page Two o Potential safety problems for the residents of a care taker facility are also seen to exist. Beyond the question of noise, semi-tractor-trailers pose a potentially dangerous situation, especially if children are involved. The hazard of fire from materials stored at the facility or surrounding industries is als~ a potential concern. Beyond having special standards to address these Specific issues, a conclusion can also be reached at an exclusive industrial area is a highly questionable location to allow accessory residential uses. As such, consideration should be given to the creation of a new zoning district which.would more appropriately accommodate business and industrial activities which require on-premise, live-in quarters. Caretaker/Watchman Facilities - Development Standards. A frequent accessory use associated with self storage facilities are living quarters for caretakers or watchmen. Quite commonly no special standards or provisions are imposed upon these living units. As the City has no control on who the operator may hire to occupy such units, building site, and usable open space requirements would seem appropriate to insure livability and harmony between the residential and business activities. Building Design/Construction. Both a public safety as well as aesthetic concern are raised by the design and positioning of self storage buildings. From an aesthetic consideration, long narrow buildings create a wall effect which may or may not be viewed positively. This design consideration also, however, has implications for fire protection. Given the fact that the City has no effective means whereby to control and police the materials which are stored within the warehouse units, any appropriate control would be to limit the size and length of structures. In this same regard the separation of structures is an added minimal protection which appears justifiable from a fire protection concern. Beyond the size and location of structures, the'building material standards which are imposed should be the maximum again given the fact that there is basically unregulated storage. In this same vien, dry sprinkling systems and stand pipes plus close proximity to or installation of fire hydrants are seen as essential for basic protection. Given the low tax revenue generation of self storage facilities, the use should be required to carry the burden of minimizing the public safety risk. Dan Donahue 10 June 1985 Page Three RECOMMENDATION Based upon the foregoing considerations and upon analyzing the zoning district options which are available in the New Hope Zoning Code, we have concluded that several major changes to the Zoning Code are necessary to appropriately handle mini-self storage facilities. A first and fundamental change is the creation of a new transitional zoning district to accommodate nonresidential uses which are not strictly commercial or industrial in character. This district would address a broader range of uses than simply self storage/mini warehouse facilities. Due to the special concerns noted with regard to self storage/mini warehouse facilities, these uses are recommended as being handled as conditional use activities. Our suggested approach to address these matters is as follows: "T-I" TRANSITIONAL ZONING DISTRICT .~urpose. The purpose of the "T-I" Transitional Zoning District is to provide for the establishment of a specialized zoning district to accommodate unique, nonresidential activities which are not strictly commercial or industrial in character. The "T-I" Transitional Zoning District is to typically be applied in areas and to sites located between residential and nonresidential uses. Permitted Uses, "T-I" The following are permitted uses in an "T-I" District: (1) (2) (3) (4) (7) (8) Governmental and public utility buildings and structures, not including outside storage. Commercial/leased offices. Medical and dental clinics. Public and semi-public educational and religious buildings and uses. Private-clubs for handball, racket ball, tennis, etc. Indoor commercial recreation. Public parks, playgrounds and related buildings and structures. Mortuaries and funeral homes. Accessory Uses, "T-I" (1) (2) (3) (4) Parking. Off-street parking as regulated by Section 4.036. Off-Street Loading. Off-street loading as regulated by Section 4.037. Signs. Signs as regulated by and in compliance with Chapter 3. Buildings. Accessory buildings and structures which are utilized in Support of the principal building and principal use of the site not to exceed twenty-five (25) percent of the gross floor area of the principal building_ or one thousand square feet, whichever is least. Conditional Uses, "T-I" The following are conditional uses in an "T-I" District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 4.20, and compliance with Section 4.036, Parking; 4.037, Off-Street Load- ing; Chapter 3, Signing.) Dan Donahue 10 June 1985 Page Four (1) Self storage (mini warehouse) facilities, provided that: Comment: Due (a) to lot coverage this require- ment is seen as necessary for drainage concerns. At.least thirty-five (35) percent of the site is open, green spac'e which is sodded and intensely landscaped in accordance with a plan~approved by the City Council. (b) Building coverage shall not exceed forty (40) percent of the 1 ot area. Comment: Allows for fire truck manue- verabi 1 i ty. (c) No buildings shall be located closer than twenty-five (25) feet to each other. Comment: Concept is to minimize fire hazard. (d) (e) (f) No building shall be greater than one hundred fifty (150) feet in length. All storage buildings are to be.equipped with a dry sprinkling system which is subject to the review and approval of the City Building Official and City Director of Fire and Public Safety. All structures are to be within two hundred (200) feet of a fire hydrant. Comment: Suggestions made by Director of Fi. re and Public Safety. (g) (h) (i) A complete and comprehensive fire alarm system with smoke detectors shall be initiated in each structure subject to the review and approval 6f the Director of Fire and Public Safety. Within storage structures a firewall shall be provided for each unit. All driveways and parking areas are to be hard (blacktop or concrete) surfaced and adequate turning radius for fire truck maneuverability is to be maintained throughout the site. Designated snow'storage space is to be provided to insure adequate and safe access during winter months. (J) Accessory living quarters on the site are to be in a separate structure and are to conform to Uniform Building Code and Zoning Ordinance design standards for single family dwelling units. At least two --- thousand five hundred (2,500) square feet of usable open space which is in addition to any other open space, green area requirement is to be provided expressly for the accessory living quarters. Dan Donahue 10 June 1985 Page. Fi ve. (k) Any structures having exposure to an adjacent residential use or public right-of-waY, park, or similar public use areas shall be of brick, natural stone, wood, or stucco facing material. Lot Requirements, "T-I:' (1) Lot Area. Forty Thousand (40,000) square feet. (2) Setbacks. (c) Front yard: Side yard: Rear Yard: Forty (40) feet. Interior lot line twenty (20) feet, street lot line forty (40) feet. Thirty-five (35) feet. SUMMARY We emphasize that this is a preliminary draft of suggested regulations which require the review of City Staff, the Planning Commission and the Mayor and City Council. Once an approach and content of regulations have been agreed upon by these parties, the City Attorney needs to place the material in appropriate ordinance format for public hearing and adoption. CC: William Corrick Doug Sandstad Doug Smith Imm northwest associated consultants, inc. MEMORANDUM TO: FROM: DATE: RE: FILE NO: Dan Donahue /~/ David Licht×~ 16 May 1985 New Hope - Self Storage Facilities 131.01 The attached report gives a statistical and factual background on self or mini storage facilities. From this basis, a policy direction must be established and zoning provisions drafted which respond to both the facts and the directions wanted by the community. There are in our review a number of regulation changes which we believe can be imposed in a reasonable fashion upon self storage, mini warehouse facilities. These could be imposed in total or individual items could be selected based upon legal as well as policy criteria. The alternatives which we have identified are as follows: Create a new transitional business/warehousing district. An activity to be included would be the self storage facilities. Comment: ae As no land is presently zoned for such a district, the City would have added control on placement. bo Due to caretaker residences being part of such uses, it is questionable to have such activities in strictly industrial, zones. e Due to potential fire hazards, require a dry sprinkling system plus fire separat~ion walls, physically design driveway and building placement to accommodate emergency vehicles, and rental restrictions on flamable or explosive materi al s. Comment: Given the low tax revenue yield of such facilities, the City should not be called upon to take an extra service for fire protection responsibilities. 4820 minnetonka blvd. minneapolis, mn, ste. 200 55416 (612) 975-9420 Dan Donahue 16 May 1985 Page Two As such, higher construction standards appear justifiable. Architectural'appearance standards should be substantially increased to insure compatibility and a lessening of any negative impact. In this regard, the length of structures should also be limited. e Very strict landscaping requirements and standards should be established to further insure harmony and compatibility. ~ On an initial basis, the foregoing summarizes the major thrust of possible regulations which could in our opinion be reasonably imposed on self storage facilities. Other performance standards would also be applicable and can be addressed at a later time. We would first like to gain a consensus at the staff level of the direction, extent and scope of regulation measures which are con- sidered appropriate in line with what is envisioned as City Council policy on the matter. Once you and other staff members have had an opportunity to review this memorandum plus the background report, I would suggest that we have a staff meeting to discuss and clarify the next steps of this work assignment. CC: Doug Sandstad Bill Corrick Steve Sondral northwest associated consultants, inc. MEMORANDUM TO: FROM: DATE: RE: FILE NO: Dan Donahue Alan Brixius/David Licht 15 April 1985 New Hope Self Storage Facilities 131.01 BACKGROUND In the last fiveyears the City of New Hope has received five develop- ment requests for the construction of self storage warehouse facilities. Due to the somewhat surprising high frequence of this type of development request, the City of New Hope has directed our office to conduct a study of the self storage warehouse facilities and evaluate these uses in relation to site design, land use compatibility and market need. II. ISSUES AND ANALYSIS A. Existing and Approved ~acilities Self storage warehouse facilities are designed and used for the purpose of renting and leasing individual warehouse space within a facility for the purpose of storage~ The facilities are generally focused on serving residents and businesses who lack sufficient storage facilities at their homes, stores or offices. This being the case, self storage facilities locate in areas characterized by concentrations of higher density housing to best capture the afore- mentioned market. New Hope and Crystal both contain a large number of multiple family development. As such, these areas provide an attractive market for the self storage warehouses. _ Since 1979 the City of New Hope has considered five proposals for self storage facilities. ~ Each of these proposals received construction approvals, however, only three facilities have been develoPed as fol 1 ows: 4820 minnetonka blvd. minneapolis, mn, ste. 200 55416 '(612) 925-9420 Dan Donahue 15 April 1985 Page Two 1. Olson Storage - 9211-21 52nd Avenue No. Zoning: I-1 Number of Units: 43 Units Occupancy 100% Expansion Plans: None 2. S and S Storage - 3225 WinPark Drive Zoning: I- 1 Number of Units: 161 units Occ upa ncy: 98% Expansion Plans: None 3. All American Storage - 7301 36th Avenue North Zoning: Number of Units Occupancy: I-1 52O Still under construction opening date is February 11, 1985 The two other projects that were approved, but never constructed were: 1. Rusty Demeulus - 4990 County Road 18 2.. C. Brandell - 9100 49th Avenue North In addition to the facilities in New Hope, both Plymouth and Crystal have self storage facilities that also compete for the rental market in New Hope. (See Exhibit A) 1. Minnesota Mini Storage - 5500 N. Douglas Drive, Crystal Number of Units: 195 Occupancy: 90% Expansion Plans: This facility is being relocated through a'Crystal redevelopment project. Actual' relocation sites have not 0 Minnesota Mini Storage - 1015 County Road 18, Plymouth Number of Units: 296 Occupancy: 90% Expansion Plans: None at this time The occupancy rates displayed by these existing warehouse facilities indica, te a strong market for this type of service. With the closing of the Minnesota Mini Storage facility in Crystal through a redevelopment project, it can be expected that the newly constructed All American Storage facility will fill the void left by the Minnesota Mini Stora§e in Crystal. Dan Donahue 15 /Lpril 1985 Page Three Be Physical Development Concerns The warehouse storage use and building appearance are industrial in nature. As such, the New Hope facilities are all located in the I-1 zoning district. Although the use is industrial in nature, the use intensity is low. With the exception of an on-site caretaker, or water for landscape maintenance or fire protection, these facilities have a low utility demand. Based on the existing New Hope facilities, the traffic generation from these types of use typically is not more than 5-6 cars a day. These facilities do not generate the nusiance characteristics (i.e., noise, odors, waste) associated with more intense industrial uses. Development concerns that are created by these self storage facilities include the following items: Site Drainage. The self storage warehouse development results in a large amount of impervious surface on site from building and driveway con- struction. This impervious surface increases the amount and rate of stormwater runoff. Unless development controls regulate the rate of runoff through the provision of detention ponds or preservation of wetland, the stormwater drainage could be detrimental to surrounding properties. Architectural Appearance. The building materials used in the construc- tion of the self storage facilities in New Hope ranges from concrete to steel. These buildings are generally long single story structures. While these structures are consistent with other industrial structures, a compatibility concern rises where these facilities abut a public right-of-way or residential area. New Hope has consistently required extensive landscaping and screening of these uses to enhance the site and reduce the visual impact on adjacent properties. In addition to landscaping' and screening, architectural treatments have been utilized on exterior walls abutting public right-of-way and resi- dential areas. This treatment was utilized by All American Storage to ensure architectural compatibility with surrounding uses. Security. Due to the nature of the use, security is an important concern. The design of the facility should provide a security enclosure with limited access points through the use of fences and building locations. Controlled access points that limit entry to only tenants can be accomplished in the following manner: a. Locked entry gates for unsupervised storage facilities. Provision of an on-site caretaker for on-site security supervision. -- This activity raises some concern for compatibility as well as public safety with a residential use within an industrial district. Dan Donahue 15 April 1985 Page Four Lighting. Security lighting on a warehouse site presents a potential nuisance problem caused by reflecting light into adjacent properties or public rights-of-way. The City zoning regulations addressing glare provide criteria for lighting design by requiring hooded lights that are directed away from adjacent properties and public streets which can reduce this nuisance problem. Fire Protection. The New Hope Planning Commission and City Council have cited that fire protection for these facilities is an important concern. The City has not adopted Appendix E of the Building Code that would require that all commercial and industrial buildings in excess of 2,000 square feet have an automatic sprinklen system. Developers have argued that the cost of installing sprinkler systems make the development of these warehouse facilities prohibitive due to the following reasons: The facilities are generally not heated. As such, a wet sprinkler system is subject to freeze.up. bm Dry sprinkler systems are claimed as prohibitive due to cost by owners. If sprinkler systems are judged not feasible for these facilities, other fire protection alternatives could be taken: Building construction should include fire seParation walls to provide containment for any fire that starts. Co Rental agreements should include provisions restricting the storage of flamable or explosive materials. This requires some form of policing, the feasibility and practicality of which is questioned. Site design must provide adequate site ingress and egress for emergency vehicles. Driveway width must offer sufficient area for manueverability. Due to the nature and appearance of the self storage facility, the use is ~ appropriately classified as industrial. Since these facilities are low intensity uses, they can be used as a transition buffer between more intense industrial use and commercial and residential areas. A question which does exist, however, is whether the I-1 and I-2 Districts are appropriate for such developments, given the residential use associated with the activity. Dan Donahue 15 April 1985 Page~ Fi ve~ 0 Public Financial Analysis An underlying factor of all development is City finances and revenue generation for support of City services. Ideally, a city hopes to promote high value, high quality development that contributes to the City's tax base. As part of our study, we have made a comparison of the tax generation from the existing mini warehouse uses and other types of land uses as follows: Existing Mini Warehouse Facilities Currently there are two storage facilities operating in New Hope. Their estimated market value, assessed valuation, 1984 property tax and the City's share of the property tax generation is displayed in the following table. Estimated Assessed 1984 City Property Land Use Market Value Value .P.ropert~. Tax Tax (15%) Olson Storage $293,200 $117,000 $12,880 $1,932 S&S Storage 475,000 195,250 21,524 3,230 Comparison Land Uses The following land uses provide a tax generation comparison with the existing warehouse units. The tax estimation are based on development of a two acre site that provides 35,000 square feet of buildable area. This is comparable to the existing warehouse sites. Estimated Assessed Estimated Land Use Market Value Value Property Tax 100 Unit Low Rise Apartments (800 sq.ft. per dwelling, having 3 or fewer floors) City Share of Property Tax $1,500,000 $510,000 $53,550 $ 8,000 200 Unit Mid to High Rise Apartments (800 sq.ft, dwelling units, 4 or more floors) 4,200,000 1,428,000 150,000 22,500 Neighborhood Commercial Center (35,000 sq.ft. at $38/sq.ft.) 1,330,000 '118,500 1,448,500 622,800 65,900 9,900 Office Space (35,000 sq.ft, at $52/sq.ft.) 1,820,000 '118,500 1,938,500 833,500 88,300 13,300 Dan Donahue 15 April 1985 Rage Six Land Use Manufacturing (35,000 sq.ft, at $35/sq.ft.) Warehousing (35,000 sq.ft, at $23/sq. ft. ) Es ti ma ted Market Value 1,225,000 '118,500 1,343,500 805,000 '118,500 923,500 Assessed Estimated Value ProPerty Tax City Share of Property Tax 577,-700 61,200 9,200 397,100 42,000 6,300 *Land costs were calculated based on the average square foot land values of the existing mini warehouse facilities. The tax generation estimates for various land uses indicate that the mini ware- house facilities are low value, low tax generating uses. Based on our estimates, the mini warehouse facilities generate approximately one-half'to one-third of the tax of other permitted industrial uses. III. CC: STUDY SUMMARY Our analysis would suggest three major concerns with self storage mini ware- houses which need to be considered in regulations addressing these developments. These are: Compatibility of residential caretaker units with the predominent industrial utilization of the area. o Fire protection and the need to either police or have available equip- ment to prevent or stop a major fire from the storage of fuels, chemicals and the like. e The very low property tax revenue generation of these developments, at least in comparison to other possible uses and also the possible public safety concerns. Other concerns such as architectural appearance, drainage and the like must not, however, be totally over shadowed by the more major concerns. In a subsequent report, our office will address possible alternatives for properly regulating self storage, mini warehouse facilities. Doug Sandstad William Corrick Steve Sondral Storage HOE ~lus Proposal Brandell Proposal PORT All American Storage [ .:;if S&S Storage Minnesota Mini Storage *%. i CFO;X EXHIBIT A STORAGE FACILITIES SITES ASSESSED VALUES AND TAX GENERATION Faci 1 i t¥ Olson Storage 9211 -21 52nd New Hope Ave. No. S&S Storage 3225 Winpark Drive New Hope All A~erican Storage 7301 36th Avenue No. New Hope Minnesota Mini Storage 5500 N. Douglas Drive Crystal Minnesota Mini Storage 1015 County Road 18 Plymouth No. of Units 43 161 195 296 Site Occupancy Area Rate Sq.Ft. 1984 Estimated Market Value 1984 Assessed Valuation 1984 Tax Levy 100% 16,000 $293,200 $117,079 $12,282 98% 26,000 475,000 195,250 21,524 NA 60,000 NA NA NA 90% 33,800 570,500 245,315 26,800 90% 38,000 600,000 249,000 24,700 X WlLLIAN J, CORRICK STEVEN A. SONDRALL NARTIN p. MALECHA (~ORRIClr ~ SOlVDRALL CHARTERED L A~RS 3811 WEST BROADWAY ROBBINSDALE, ~NNESOTA ~4~ LEGAL ASSISTANT SANDRA J, KRUSE July 12, 1985 Mr. Daniel J. Donahue City Manager City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Re: Zoning Code Revision Updates Dear Dan: I have had a chance to review the various comments, suggestions and proposals offered by Doug Sandsted and Dave Licht relating to changes for the New Hope Zoning Code. I also spoke at length with Bill Corrick. The following is our recommendation concerning the suggestions made: Performance Bond Requirement for Variance and Conditional Use Permits. In his October 25, 1984 letter, Dave Licht suggests that the performance bond requirement of section 4.233 be expanded to also include variance requests. Essentially, the thought is to provide the City with some economic leverage to ensure conditions of CUP's and variances are satisfied, i.e. fence construction, sodding, tree planting, etc. We feel this is a very good idea, but suggest that it be taken a step further. Specifically, a CUP or variance applicant, under certain circumstances, should be required to sign a "Performance Agreement" whereby said applicant contracts with the City to perform the conditions of the CUP or variance in consideration for receiving the permit. This would allow the City to include in such an agreement a hold harmless, indemnification, and reasonable attorneys fees provisions in the event the City.must take legal action to obtain compliance. This Agreement will essentially be the equivalent of a Development Agreement, but on a much simpler scale. We recommend an ordinance change to require a performance bond and performance agreement for certain CUP and variance requests. Mr. Daniel J. Donahue Page Two July 12, 1985 Termination of Special Zoning Procedural Approval. In the same October 25th letter referred to in number 1. above, the procedural change for termination of CUP's and variances is also discussed. This change inadvertently found its way into the codification as pointed out in Bill Corrick's letter of October 30, 1984. While we believe that valuable property rights such as CUP's should be given some due process consideration before being automatically terminated we agree with Dave, at this time, that the former code language should be readopted until more study and discussion can be had on changing this procedure. Street Loading Ordinance - 4.037. We agree that the expansion of the off-street loading requirements as proposed in Dave Licht's February 20, 1985 letter is a good idea. After a discussion with Doug Sandsted and our own text review of the ordinance, it appears that only subsections (2), (6) and (7) of our present section 4.037 need revision. Basically, the proposed revision will impose loading requirements on three or more unit rental buildings as well as commercial and industrial buildings of any size. We concur with the proposed changes. Garage Location - 4.032 and 4.034. We are in agreement with Dave Licht's letter of February 13, 1985 regarding conditional use permits for garage locations. The only suggestion we have pertains to the proposed language of 4.032(3)(d)(ii)(d). We think this section should read as follows: "The City Council shall determine that the building will not negatively impact the neighboring property." The only problem we do see with this change would be a "standard" to determine what constitutes a "negative impact" on surrounding property. Single Family Development Standards. We agree with Dave Licht's letter of February 11, 1985 regarding this topic. Minor Variance Procedure. We are in basic agreement with Dave Licht's February 11, 1985 letter relating to this topic. However, we are unclear regarding what would constitute a minor variance under the proposed definition found in 4.221(5)(a) and (b). As an example, the problems we have encountered with inadequate fireplace hearths aroSe due to a change in ordinance standards. Would consideration of a problem like this be classified as a minor variance under the Mr. Daniel J. Donahue Page Three July 12,1985 e definition found in (5)(a). I think it may be advantageous to more clearly specify what would constitute a minor variance. Reference to Section 4.212 General Requirements in Each Specific Conditional Use. In response to Dave Licht's letter of February 11, 1985 regarding this topic, we feel the present code language is adequate and that referring to the general requirements of 4.212 in every specific conditional use is unnecessary. It may be a good idea to expand only the general sections dealing with conditional uses in each zoning district to reflect that compliance with 4.212 is necessary. Earth Sheltered Homes. We have no problem with establishing conditional use requirements for earth sheltered homes. It was treated as a variance because Minn. Stat. Section 462.356, Subd. 6(2) treats this topic as a variance and we simply conformed our zoning code to state law. We certainly agree that treating it as a conditional use involving specific standards is a better way to approach this topic. Keep in mind however, that if all standards are met it would be unlawful not to grant a CUP. The burden of proof on an applicant to obtain a variance is much greater than that to obtain a CUP. Comments made by Sandsted in November 1, 1984 Letter. We certainly agree that the typographical errors should be corrected. With respect to the comments made by Doug not dealing with typographical errors, we offer the following comments: Item 6. - The "R-5" language should be restored. did not intend to eliminate it. We Item 7. - Doug is correct. This is a content change and should be removed from the Code. Items 14-16 & 20. - The loading requirements for day care facilities and nursing homes will now be covered by ordinance due to changes proposed in 4.037. See #3 of these comments. The loading requirements are also specifically required in the general CUP requirements in new Code sections 4.074, 4.084, and 4.114. Item 17.- The dropped wording should be restored. Mr. Daniel J. Donahue Page Four July 12, 1985 Item 19.- We don't think the language is superfluous and should be retained since all R-0 uses may not be considered businesses, therefore all R-0 uses may not fall within the preview of 4.033(3)(6). Item 21.- We did not intend to change any lighting requirements. We think the current Code covers the problems raised by Doug. Specifically, new Code section 4.033(5) requires that lights be hooded/controlled so as not to light adjacent properties. This has the same practical affect as prohibiting the light source to be visible from the public right of way or from neighboring residences. We have no problem with reverting back to the language which prohibits light on right-of-way or adjacent property if that is considered more desirable. We don't think the content or affect will change either way. Item 22.- We agree that this section should be reconciled with the preceding Item 21, based on whichever language is used. Item 25.- As indicated in comment 8 above, this language was inserted to conform with state law. See M.S. Section 462.357, Subd. 6. Please contact me if you have any questions concerning the foregoing comments. Very truly yours, Steven A. Sondrall k2f4 northwest associated consultants, inc. MEMORANDUM TO: FROM: DATE: RE: FILE NO: Dan Donahue Doug Sandstad David Licht~ 25 October 1984 New Hope - Zoning Ordinance 131.01 I am writing as a follow-up to the special Planning Commission meeting which was held on 23 October relative to our brief discussion of the revised Administrative Section of the Zoning Ordinance. I believe it would be appropriate to revise the new Section 4.233 to include the option of requiring performance bonds for variances as well as conditional use permits. As was indicated, this code enforcement tool was previously included for variances and is seen as a valuable policing mechanism. Another point of possible concern is the "termination of special zoning procedure approval" (Section 4.202 (17)) page 4-96. I assume this applies primarily to variances and conditional use permits. This should possibly be clarified in the text. Secondly, this revised section introduces a major new procedure. Under the former version of the text the termination of authoriza- tion was automatic. The revised ordinance calls for a public hearing by the Council to terminate the approval. Procedurally and enforcement wise, this is a major shift of responsibility and places a new, and in our opinion question- able, burden on staff to monitor development progress. The philosophy behind the former text was that it was the applicant's responsibility to keep tract of the time limitation. Enforcement wise, the building official would typically catch a lapse of approval when building permits were pursued. In the latter case, termination was automatic. The fear of the revised procedure is that implementation of a special approved action will go unchecked and as a consequence of requiring special City action, could be implemented five to ten years later. This was the very problem the prior text was attempting to avoid. I believe this is a critical change which needs review with Mr. Corrick's office. '~Dan Donahue // Doug Sandstad 25 October 1984 Page Two Beyond'the points noted above, we have not reviewed the administrative section further. We are concerned, however, that in the two points reviewed, major policy and operational procedure modifications have been made. We believe these changes plus a detailed review of the sections should be made by staff in the immediate future. Should you wish our further evaluation please so advise. ' cc: William Corrick northwest associated consultants, inc. MEMORANDUM TO: FRO~-~: DATE: RE: FILE NO: Dan Donahue David Licht 20 February 1985 New Hope Zoning Ordinance Revision 131.01 At the City staff's request we have evaluated the recodified Zoning Ordinance provisions as it relates to loading requirements. This text review has been enhanced by recent exposure to several convenience food/gas development requests which highlight the concern for loading and delivery. Mr. Sandstad has previously noted that loading requirements specifically imposed on some conditional uses has. been dropped from the recodified zoning text. For those instances cited, we would recommend that provisions be imposed which require designated loading areas. In general, however, we would recommend a much more encompassing application of a loading area requirement which would apply to all multiple residential, all group care facilities over 17 individuals, including nursing homes and the like, all commercial facilities, and all in- dustrial facilities. Rather than go through and add this provision to each district' we are recom- mending that Section 4.037 be revised as a general provision addressing require- ments by use throughout the ordinance. Our suggested approach to this matter is as follows: 4.037 Off-Street Loading. (1) Purpose. The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and in off-street parking areas so to promote the safety and general' welfare of the public, by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the specific and appropriate utilization of various~parcels of land or structures. 4820 minnetonka blvd. minneapolis, m nnesota, ste. 420 55416 tel. 612/925-942( Dan Donahue 20 February 1985 Page Two (2) (3) (4) Location. (a) Off-Street. All required loading berths shall be off-street and located on the same lot as the building or use to be served. (b) Distance from Intersection. All loading berth curb cuts shall be located at minimum fifty feet from the intersection of two or more street rights-of-way. This distance shall be measured from the property line. (c) Distance from Residential Use. No loading berth for a non- residential use shall be located closer than one hundred feet from a residential district unless within a structure. (d) (e) Prohibited in Required Front Yards. Loading berths shall not occupy the required front yard setbacks. Front or Side Yard Locations. A conditional use permit shall be required for loading berths for non-residential uses where the loading berth is located at the front or at the side of the building on a corner lot. (i) Pedestrians. Loading berths shall not conflict with pedestrian movement. (ii) Visibility_. Loading berths shall not obstruct the view of the public right-of-way from off-street parking access. (iii) General Compliance. Loading berths shall comply with all other requirements of this section. (f) Traffic Interference. Each loading berth shall be located with appropriate means of vehicular access to a street or' public alley in a manner which will cause the least inter- ference with traffic. Surfacing.. All loading berths and accessways shall be improved with not less than six inch class five base and two inch bituminous surfacing to control the dust and drainage accord- ing to a plan submitted to and subject to the approval of the City Engineer. Accessory USe; Parking,and Storage. Any space allocated as a required loading berth or access drive so as to comply with the terms of these zoning regulations shall not be used for the storage of goods, inoperable vehicles or snow and shall not be included as part of the space requirements to meet the off-street parking requirements. Dan Donahue 20 February 1985 Page Three · (5) (6) Screening. Except in the case of multiple dwellings all load- ing areas shall be screened and landscaped from abutting and surrounding residential uses in compliance with Section 4.033 (3) of this Code. Number and Size of Loading Berths. The number of required off- street loading berths shall be as follows: (a) Commercial or Industrial Uses. (i) (ii) One loading berth and one additional berth for each additional one hundred thousand square feet or fraction thereof. The first loading berth shall be not less than seventy feet in length and additional berths required shall be not less than thirty feet in length and all loading berths shall be not less than ten feet in width and fourteen feet in height, exclusive of aisle and maneuvering space. RedUction of Size of Space. For commercial or industrial buildings five thousand square feet or less, the size of the loading area may be reduced or the requirement may be waived upon the approval of a conditional use permit. To qualify for such exception, the following provisions must be met: (a) It must be demonstrated that the site cannot physically accommodate a loading berth to the size required.~ (b) (b) It must be demonstrated that semi-trailer truck deliveries will not occur at the site or all deliveries will occur at such a time as to not conflict with customer or employee access to the building and parking demand. Multiple Residential Type Uses. One loading area shall be provided for each structure and shall be exclusively reserved for loading and unloading. The space shall be at minimum forty feet in length and ten feet in width. Said area may be part of a driveway, but shall not serve to block the flow of traffic into a parking area. CC: Doug Sandstad William Corrick ?J northwest associated consultants, inc. MEMORANDUM TO: FROM: DATE: RE: FILE NO: Dan Donahue David Licht~~[ 13 February 1985 New Hope Zoning Ordinance Revision 131.01 At the Planning Commission's request, our office has formulated provisions which would allow for garages to be built under certain conditions within two feet of a side yard property line. The basis for this consideration is that presently such construction is typically processed, and in many cases, approved through the variance procedure. This approach appears legally questionable and as a consequence we are recommending that a formalized conditional use permit provision be established for the consideration of such requests. Our initial thoughts on this matter are presented below. Present Ordinance Provisions: Section 4.032 (3) (c) Garage Location Limitation. No accessory garage shall be located in a required front yard or a required side yard paralleling the depth of the principal structure. '~ (d) Further Location Limits. Except as noted above, accessory build- ings and garages shall not exceed fifteen feet in height and shall be five feet or more from all lot lines of adjoining lots and shall not be located within a utility easement. Section 4.034 (3) Setback standards - R-1 and R-2 Districts (c) Ten feet on one side of the building and five feet on the garage side. 4820 minnetonka blvd. minneapolis, minnesota, ste. 420 55416 tel. 612/925-9420 Dan Donahue 13 February 1985 Page Two Suggested Changes: Section 4.032 (3) (c) Garage Location Limitations. In no case shall an accessory garage be located in the required front yard or required side yard paralleling the depth of the principal building. (d) Further Location Limits. (i) Except as provided elsewhere in this section, accessory buildings and garages shall not exceed fifteen feet in height, shall be five feet or more from all lot lines of adjoining lots, and shall not be located within a utility or drainage easement. (ii) Upon the processing of a conditional use permit, the City may allow a three foot encroachment into a required side yard for the purpose of constructing a garage, provided that: ae The use of the structure is the storage of operable passenger vehicles which are the property of the occupant of the principal structure. bo The location of the structure is at minimum sixty feet from the front property line or is located to the rear of the principal structure, whichever distance is greater. The proposed structure is not to be located within an established drainage or utility easement. Within the determination of the City Council, the building will not negatively impact the neighboring property. eo The same or similar quality building material shall be used in the accessory building as in the principal building. Additionally, the exterior appearance and architectural design of the accessory building is to be similar to that of the principal building. fo The request is considered in relation to the provisions of Section 4.212 of this Ordinance. Section 4.034 (3) Setback standards - R-1 and R-2 Districts (c) Ten feet with the exceptions that an attached garage may be located within five feet of the side yard lot line and subject to the provisions as provided in Section 4.032 (3) of this Ordinance. Dan Donahue 13 February 1985 Page Three The above proposal should be reviewed by staff and the Codes and Standards Committee prior to general release. Please contact me should there be questions or clarification needed. cc: Doug Sandstad William Corrick northwest associated consultants, inc. MEMORANDUM TO: FROM: DATE: RE: FILE NO: Dan Donahue ~ David'Licht 11 February 1985 New Hope Zoning Ordinance Revisions - Single Family Development Standards 131.01 At the request of the Planning Commission and the Codes and Standards Committee, our office has evaluated the development requirements pertaining to single family detached dwellings. The major provisions currently addressing single family dwellings are as follows: 4.034 - Yard Requirements Front yard Side yard Rear yard 30' 20' abutting a street 10' building 5' garage 35' 4.035 - Area and Building Requirements Lot area per unit - single family Lot width Building height Minimum floor area per dwelling - single family 9,500 sq.ft. 75' 2-2½ stories 1,240 sq.ft. 4. 036 - Off-Street Parking Single family - one enclosed and one open space (minimum) 4.032 (3) - Accessory buildings, uses and equipment 4820 minnetonka blvd. minneapolis, minnesota, ste. 420 55416 tel. 612/925-9420 Dan Donahue 11 February 1985 Page Two The question has been raised as to whether these standards are adequate in the case of a large dwelling and whether protection is afforded the City based upon new definitions of single family uses. It is our opinion that as the ordinance is now written, only minimum pro- tection exists for a large dwelling which might demand increased supportive elements such as yard space, parking or the like. Changing the present standards, however, presents a possible problem for a nearly totally developed community. In this regard, caution must also be exercised for dwelling units with potential of expansion of interior living space. With the above factors'in mind, we have some initial suggestions on how increased protection for compatibility might be attained. We emphasize that these are preliminary thoughts which require review and discussion with the staff and Codes and Standards Committee prior to their general considera- tion by the Planning Commission. Lot coverage of buildings should not exceed twenty percent (the present average is about 16% according to Mr. Sandstad). This provision would address existing structures which are proposed for additions, as well as new construction. For principal structures with the existing or potential living space in excess of 2,200 square feet, the parking requirements should be three off-street spaces. (This assumes a five bedroom house and would affect both existing and new construction. The proposed 2,200 square foot standard should be carefully weighed.) e A minimum width of twenty-two feet should exist for any single family detached dwelling. (This addresses the manufactured housing issue.) e The provisions noted above should be automatic rather than require a conditional use permit. Open space (design density) and parking appear to be the two fundamental issues which can be addressed without creating too extensive of a disruption to existing development. Again, these matters need "in-house" discussion prior to general exposure of the full Commission, Council and community. A staff or Committee meeting would be helpful in this regard. cc: Doug Sandstad William Corrick northwest associated consultants, inc. February 11, 1985 Mr. Dan Donahue City Administrative Offices 4401Xylon Avenue North New Hope, Minnesota 55428 RE: New Hope - Zoning Ordinance Revision - Minor Variance Procedures File No: 131.01 Dear Mr. Donahue: This letter forwards a revision to the minor variance procedures provisions which was previously supplied to you. This draft dated 11 February is reflective of staff comments to date. I believe Mr. Corrick has yet to review and comment on this material. Once he has done this and assuming it meets with his approval, the material should be sent on to the Codes and Standards Committee and eventually the full Planning Commission for public hearing. Please call if you have questions. 'Very truly yours, NORTHW EST ASSO C~~_f. ~a~deR.ntLi ~, AICP DRL/nd cc: Doug Sandstad William Corrick 4820 minnetonka blvd. minneapolis, minnesota, ste. 420 55416 tel. 612/925-9420 NEW HOPE, MINNESOTA DRAFT ZONING ORDINANCE REVISION VARIANCE PROCEDURES (REVISED 11 FEBRUARY 1985) 4.202 Decisional Process. The City Council acting as the Board of .Appeals and Adjustments under H.S. 462.354, 462.357 (6) and 462.359 (4) shall make the decisions within the legislative and executive framework of the City on all Special Zoning Procedures. The format of this Section has been restructured into cases other than minor variances; minor variance cases, and combined procedures. These are re~resented by the headings (1), (2) and (3). The City Attorney shout~ review this format for acceptability. (1) Section .4. 202 (1) is material presently contained in the City Cod~. Where appropriate "exceptions" for minor variances have been noted. Section 4. 202 (1) (b) - a requirement for specific property interest documenta- tion has been added as suggested by staff. All Special Zoning Procedures - except minor variance. (a) (b) (c) Planning Commission. All Special Zoning Procedures shall first be presented to the Planning Commission, together with appropriate comment, findings and recommendations from the City Manager. Application. Special Zoning Procedures may be initiated by any person owning an interest in the real estate which would be affected by the requested procedure. A certificate of title or documentation of interest is to be provided as part of the application Request for Special Zoning Procedures shall be filed with the Zoning Administrator or any staff persons designated by the City Manager on an official applicatio~ form of the City, accompanied by a fee as outlined in Chapter 14. The application shall also be accompanied by detailed written and graphic materials fully ex- plaining the proposed change, development, or use. The number of copies to be provided and any additional data shall be determined by the City Manager. Initiation by City_. The Planning Commission or the Council may initiate any Special Zoning Procedure on its own motion and may in such event waive fees and costs. (d) Further Data. The Council, Planning Commission and City staff may request additional information from the applicant concerning the application or may retain expert opinions at the expense of the City, or may require as a condition of proceeding with its c'on- sideration of any matter, that the applicant furnish expert opinion and data at the expense of the applicant. (e) City Manager's Report. Except for minor variances, the Special Zoning Procedure shall be processed under the direction of the City Manager for a report and recommendation and presented to the Planning Commission. A preliminary draft of the report of the City Manager and his comments and/or recommendations with such supporting data as furnished by the applicant, and as the City ~lanager deems necessary or desirable shall be given to the Planning Commission prior to the meeting at which said report and recommendations are to be presented. The final report and/or recommenda- tions of the City Manager are to be entered in and made part of the permanent written record of the Planning Commission, and forwarded to the Council. This is new material addressing only the processing of minor variances. (2) (f) Hearing. After receipt of the report of the City Manager, the Planning Commission shall consider the application at its next regular meeting unless the filing date of the application falls within fifteen days of said meeting, in v~hich case the application shall be placed on the agenda and considered at the regular meeting following the next regular meeting. (g) Notice of Heari_n~. The Planning Commission shall set a date for a public hearing. Notice of such hearing shall be published in conformance with Chapter I and individual notices shall be mailed not less than ten days nor more than thirty days prior to the hear- ing to all owners of property, according to the records available to the City within three hundred fifty feet of each parcel included in the request, as provided in Chapter 1. (h) Notice not Received. Failure of the City to send, or a property owner to receive notice shall not invalidate any proceedings under this Code. (i) Presentation of Application. The applicant or a repre- sentative of the applicant shall appear before the Planning Commission in order to present the case for the application and to answer questions concerning the proposed Special Zoning Procedure. Failure of the proponent to appear at either the Planning Com- mission or Council consideration of the matter shall constitute grounds for rejection of the application. The Planning Commission and the Council may each require swor'n testimony and a verified transcription of the proceedings at the expense of the City. The applicant shall have the same privilege of presenting sworn testimony and may provide for a transcript of the proceedings at the expense of the applicant. (J) Recommendations of Planning Commission. The Planning Commission shall make ~inaings of fact and recommend such actions or conditions relating to the request as deemed necessary or desirable to carry out the intent and purpose of this Code and the Comprehensive Plan. Such recommendation shall be in writing, either in the minutes or by resolution, and accompanied by the report and recommendation of the City Manager, and forwarded to the City Council. Hinor Variances Special Zoning Procedures. (a) Application. Special Zoning Procedures Minor Variance may be initiated by any person owning an interest in the real estate which would be affected by the re- quested procedure. A certificate of title or documenta- tion of interest is to be provided as part of the applic tion. Request for Special Zoning Procedures Hinor Variance shall be filed with the Zoning Administrator or any staff person designated by the City Manager on an official application form of the City, accompanied by a fee as outlined in Chapter 14. The application shall also be accompanied by detailed written and graphic materials fully explaining the proposed change, development, or use. The number of copies to be pro- vided and any additional data shall be determined by the City Hanager. Section 3 are procedures 13 I which are applicable to both minor variances and all other request processing. This material, except where specially noted, is unchanged from the present text. Exclusions for minor variance have been ~ade where considered necessary. (b) Initiation by __City_. The Planning Commission or the Council may initiate any Special Zoning Procedure Minor Variance on its own motion and may in such event waive fees and costs. (c) Further Data. The Council and City staff may request additional information from the applicant concerning the application or may retain expert opinions at the expense of the City, or may require as a condition of proceeding with its consideration of any matter, that the applicant furnish expert opinion and data at the expense of the applicant. (d) City Manager's Report. The Special Zoning Procedure Minor Variance shall be processed under the direction of the City Manager for a report and recommendation and presented to the City Council. A preliminary draft of the report of the City Manager and his comments and/or recommendations with such supporting data as furnished by the applicant, and as the City Manager deems necessary or desirable shall be given to the City Council prior to the meeting at which report and recommendations are to be presented. The final report and/or recommendations of the City Manager are to be entered in and made part of the permanent written record of the City Council. (e) Presentation of Application. The applicant or a representative of the applicant shall appear before the City Council in order to present the case for the application and to answer questions concerning the proposed Special Zoning Procedure Minor Variance. Failure of the proponent to appear before the Council for consideration of the matter shall constitute grounds for rejection of the application. The Council may require sworn testimony and a verified trans- scription of the proceedings at the expense of the City. The applicant shall have the same privilege of presenting sworn testimony and may provide for a transcript of the proceedings at the expense of the applicant. All Special Zoning Procedures. (a) Council Review. The City Council shall act upon a Special Zoning Procedure application after it has received, where applicable, the report and recom- mendation from the Planning Commission and the City staff or sixty days after the first regular Planning Commission meeting at which the request was considered, if no recommendation is received from the Planning Commission. If, upon receiving the reports and recommendations of the Planning Commission and City Manager, the City Council desires further consideration, or finds that inconsistencies exist in the review process, data submitted, or recommended action, the City Council may, before taking final action, refer the matter back to the Planning Commission with a statement detailing the reasons for referral. This procedure shall be followed only one time on an applica- tion, except for a good cause. The Council may refer an application back to the Planning Commission if it 'determines that changes in the application after Planning Commission recommendation require such action, or such referral may be waived by the Council. 3 (b) (c) 'This Section is changed ( d) from the recodi fied material recently received. The clause as written here is reflective of policy established as (e) part of the 1976 Zoning Ordinance revision. This Section deserpes cz~ tica~ discussion. ]~is Section has undergone major"change as part of the recodi fication process. As such, we believe this Section should undergo major discussion as a major shift in responsi- bility has been made from the applicant to the City. (f) (g) Record Before Council. Where applicable, the City Manager shall place the report and recommendations of the Planning Commission and the City Manager, on the agenda for the next regular Council meeting after Planning Commission action, or the expiration of 60 days after the first consideration by the Commission, whichever is earlier. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. Council Action. Upon receiving the report and recommendation of the Planning Commission, where applicable, and the City Manager, the City Council may, at its option set and hold a public hearing if deemed necessary and shall make findings of fact and impose any condition on approval which it considers necessary to protect the public health, safety and welfare, and shall make its decision as to the application. Votes Require~. Approval of a request for any Special Zoning Procedure requires passage by a 4/5ths vote of the City Council. Notice to Applicant. The City Manager shall notify the applicant of the decision of the Council in writing, including any relevant resolution and findings which may have been passed by the Council. Reconsideration. Whenever an application for a Special Zoning Procedure has been considered and denied by the City Council, a similar application affecting substantially the same property shall not be considered again by the Planning Commission or City Council before ~he expiration of six months from the date of its denial and any succeeding denials. However, a decision to reconsider such matter may be made by not less than 4/5~hs vote of the full Council at any time, or under Robert's Rules of Order. Termination of Special Zoning Procedure Approval. If the work or use authorized by a Special Zoning Procedure has not been implemented within a year after final Council approval, the Council may thereafter terminate or modify the Special Zoning Procedure for non-use, after a hearing or hearings held in the same manner as for the original considera- tion mf the Special Zoning Procedure, including notice to the applicant and his successor in interest, if any. If after a hearing, the Council determines that the Special Zoning Procedure has not been utilized, and that the basis for approval of the original Special Zoning Procedure no longer exists, in whole or sub- stantial part, the Council may terminate or modify the authority or use previously approved under the Special Zoning Procedure. The applicant may request an extension of the original approval at any time prior to termination. (h) Filing of Notice of Action. A certified copy of any Conditional Use Permit shall be filed with the Hennepin County Recorder or Registrar of Titles. A certified copy of any variance granted or Zoning Code text change authorized shall be filed with the Hennepin County Recorder. 4.22 Variances. Except for a 4.221 minor addition to Section (2) and the addition of Section (5), this material is the same as presently con~ tained in the recodi fication. Purpose of Variance. The purpose of a variance is to permit relief from the strict application of the terms of the Zoning Code to prevent undue hardships or mitigate undue non-economic hardship in the reasonable use of a specific parcel of property and where circumstances are unique to the individual property under consideration, and the granting of a variance is demon- strated to be in keeping with the spirit and intent of this Code. A hardship may exist by reason of narrowness, shallow- ness or shape of a specific parcel of property or a lot existing and of record upon the effective date of this Code or that by reason of exceptional topographic or water conditions of a specific parcel of land or lot, the strict application of the terms of this Code would result in exceptional difficulties when utilizing the parcel or lot in a manner customary and legally permissible within the district in which said lot or parcel is located, or would create undue hardship upon such lot or parcel that another lot or parcel within the same district would not have if it were to be developed in a manner proposed by the appellant. (1) Undue Hardship. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not consti- tute an undue hardship if reasonable use for the property exists under the terms of the o'rdinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. (2) Planning Commission and Council. The Planning Commission, where applicable, based upon a report and recommendation by the City Manager, shall have the power to advise and recommend such conditions related to a variance regarding the location, character and other features of a proposed building, structure or use as it may deem advisable consistent with the intent and purpose of this Code. Should the City Council find that all or a part of the conditions outlined apply to the proposed lot or parcel the Council may grant a variance from the strict applica- tion of this Code so as to relieve such difficulties or hardships to the degree considered reasonable. This provision for hcs~dling earth sheltered homes is questionable from' our perspective. We would recon~nend that it be removed from this section and addressed as a conditional use permit. A ~Sraft revision has been formulated and submitted for consideration. (3) Earth Sheltered Homes. Variances shall be granted for earth sheltered construction as defined in M.S. 116J.06, subdivision 2, when in harmony with the ordinance. This is a new section defining variance requests qualifying as minor and thereby subject to special processing procedures. (4) (5) Use Compatibility. The Board of Appeals and Adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. Minor Variances. Requests qualifying as a minor variance which are entitled to special processing procedures are as follows: (a) Unique physical hardships created as a result of public action or change in ordinance standards as it might affect property developed prior to such change. (b) Structure or setback deviations (except side yard variances) which are characteristic of and common to adjacent and immediately neighboring properties and which do not exceed five (5) feet. 6 northwest associated consultants, inc. February 11, 1985 Mr. Dan Donahue City Manager City Administrative Offices 4401Xylon Avenue North' New Hope, Minnesota 55328 RE: New Hope Zoning Ordinance Revisions File No: 131.01 Dear Mr. Donahue: As revisions and corrections to the present Zoning Ordinance text are addressed with Mr. Corrick, a point of clarification should be discussed relative to conditional use permits. While it is automatic that Section 4.212 is applicable to all conditional use considerations, the reference to this section has been dropped from the criteria listed for each conditional use. The previous Zoning Ordinance included such a reference primarily for the benefit of applicants unfamiliar with the Code and to insure the staff's, Commission's and Council's recognition of these criteria in each and every conditional use request evaluation. Please contact me should you require further clarification or wish to discuss this matter further. Very truly yours, NORTH~EST ASSOCIATED CON~~~/~C. President ~ DRL/nd cc: Doug Sandstad William Corrick '4820 minnetonka blvd. minneapolis, minnesota, ste. 420 55416 tel. 612/925-9420 northwest associated consultants, inc. MEMORANDUM TO: FROM: DATE: RE: FILE NO: Dan Donahue ~ David Licht~ 11 February 1985 New Hope Zoning Ordinance Revision - Earth Sheltered Housing 131.01 As part of the general clean-up of the Zoning Ordinance which you, Mr. Sandstad and I discussed, the issue of earth sheltered housing was to be addressed. At present, such housing is handled as a variance, which is a legally questionable procedure. It would appear more techinically appro- priate to handle such developments as a conditional use permit. Our suggestions in this regard are as follows: Delete: Section 4.221 (3) Earth Sheltered Homes Add: 4.040 Earth Sheltered Homes (1) Purpose. The regulation of earth sheltered homes is intended to insure their harmony and compatibility as single family detached dwelling units with neighboring conventional residential development. (2) All such uses as defined by M.S. 116J.06, Subdivision 2, as may be amended, shall require a conditional use permit. A conditional use permit shall be processed according to this code and may be granted provided that: ae Construction is in compliance with state standards and the Uniform Building Code. 4820 minnetonka blvd. minneapolis, minnesota, ste. 420 55416 tel. 612/925-9420 Dan Donahue 11 February 1985 Page Two Co Compliance is demonstrated with lot area and setback standards of this Code. The provisions of Section 4.212 are considered and determined as being satisfactorily met. cc: Doug Sandstad William Corrick . ~.J2.~ ~'~ ~J. 2!. E~:'~ ~ 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 5~-1521 Bill Corric? City Attorney 3811 West Broadway November 1, 1984 Dear Bill, I received your letter, today, regarding the change to our Zoning Code on Termination of Special Zoning Procedures. I completed my review of the new Zoning Code text two weeks ago and submitted the attached list of errors / potential errors to.my Director. It may include several of the "inad- vertant" inc!usicns that you described to Dan ponahue. I am providing Dave Licht and Dan Donahue copies of this information because discussion may be warranted for several items. Others are clearly typographical and routine. That list should also have an additional item, as follows: 27. 4--38; 4.036 (lO)(cc): omission: Warehouse uses are no longer required to add parking spaces for the number of employees on max. shift. This change has a li~mited impact upon parking standards and is diffict, l~ to evaluate in the older Zoning Ordinance. It is,however, a reduction that I was surprised by. My review of Chapters 2,3,9.40-9.50 & 13 will be completed in one week sequences, hereafter. Please call, if you have any questions or would like to discuss this further. S.~,~n c e e 1 - £ Do~'glas Sands~ad Building Offl c'! ]1 cc: Dan Donah~el,/ Dave Li cnt Doug Smi th file Family Styled Village ~ For Family Living CODIFICATION REVIEW Ch. 4: Zoning Sandstad 10/18/84 1 4-5; typo.- (24A)"munici..pal" 2 4-13; typo.' (1!0) "identified" ' ~ 4-20; missing word:(g)~Ffor at least one automobile..." ~'- 4-22; misreferenced:(iii) "2" should be "ii" 5 4-22; " (iv) "2" should be "ii" 6 4-26; omission' (d) "R-5" should be added to sentence end. 7 4-32; questionable new language: "not a resident at the residential site." This is a content change. 8. 4-33;ty~po(v):"minimums"need to be above three figure columns. 9. 4-35; misreferenced: 6(a) should read "Section 4.033 (9). · Fg)" continuous fire-resistant wall " 10. 4-35; type : ,, ...... 11. 4-37; omission: (t) should read '~BUildi~g Material Sales" in... 12. 4-39; typo.- "le__~_ally binding" i3. 4-46; misreferenced:(4.042) change 4.23 to "4.24". ~ 14. 4-51; dele'cion that is a content change: 4.074 (2) Day Care Group Nurseries may have a need for "LOading" area. Note: this is neither a "Commercial or Industrial" use, but a required "Loading" facility has been dropped. See 4.0T4 in old Ordinance, Subdivision (d). * 15. 4-53; Aga'in, "Loading" requirement dropped, here, also for Nursing homes, which is inappropriate. Again, the use is not otherwise required by our Code to provide same. * 16. 4-54; Again, ~'Loading" requirement has been dropped for Elderly Housing. 17 ' 4-56; omission: 4.08 (2): wording dropped at end of sentence except sub-paragraph (m) shall apply. 18. 4-57; 4.093 (2) typo.: sub-paragraphs "c" and "d" are mis- numk(~red; should be "b" and "c" 19. 4-57; 4.0?3 (2) duplication: "Buffers" section is superfluous, since ~ 033 (3)d already requires screening between a bus ness use and adjacent residential. * 20. 4-61; omission 4.114 (2): MR C.U.P. in B-2 Zone no longer requires "LOading'' space as before. 21. 4-74; omission 4.144 (2): "Hooded Lighting" requirement has been dropped for Outdoor Sales & Service in the I-1 zone. 22. 4-75; clarification needed: "Hooded Lighting" section has not been dropped in this section for Commercial Rec. 23. 4-61; typos :4.113 (2): change phrase ..."criteria as Section 4.2UI and..." to "criteria of Section 4.20" .. --~-77; typo 4 ~.45 (3): should read "...remain as a grass plot" 25. .$-98; clarification needed 4.221 (3): Variance for "~arth Sheltered Homes" is excessive. Why was this inserted? 26. 4-99; typo 4.232: change Administrative Office to "Admin- istrative Officer". ~ * SUGGESTION: Retain "Loading" area requirements and expand text in 4.037 (7) to add subdivision (b)"Desi~nated Cases. Special uses may requ re one loading berth per building as detailed in Sections 4.05 through 4.15." Modify 4.037 (2) as needed. northwest associated consultants, inc. MEMORANDUM TO: FROM: DATE: RE: FILE NO: Dan Donahue~.~ David Licht~/~' 16 May 1985 New Hope - Zoning Ordinance Revision 131.01 The recent Taco John's development request has generated a number of questions relative to the controls imposed upon fast food/drive-through facilities. As it is likely that the City will confront this matter again, we have drafted recommended changes to the ordinance to correct these provisions. 1. Stacking Lane Requirement At present the B-4 District in Section 4.134 (5) makes specific note of drive-up service windows as a separate conditional use permit for convenience food operations. It is recommended that the section be taken from the B-4 District provisions and included as part of the B-3 District 4.124 (3) "Drive-In and Convenience Food" conditional use section. Through this ordinance structure revision the provisions for drive- up windows will be applicable to the B-3 District plus carry over into the B-4 zone as well. The recent encounters with Taco John's, Taco Bell, Kentucky Fried Chicken and the like have also two additional areas of concern. The first is adequate off-street loading. In each and every case which has been recently dealt with, loading conflicted with the proposed 'or existing operation and as a consequence special provisions were typically imposed or recommended to allow deliveries only during hours when the operation was closed to the public. This method of addressing the issue is seen as a policing problem as well as an indication of an inadequate sized site. As a consequence, we would strongly recommend that separate loading requirements be imposed. 4820 minnetonka blvd. minneapolis, mn, ste. 200 55416 (612) 925-9420 Dan Donahue 16 May 1985 Page Two The second, minor concern generated through recent reviews is the proper screening of refuse containers. To insure this matter is addressed, we are recommending a provision be included in the specified criteria. Taking into account the points raised above, we would suggest the new Section 4.124 (3) read as follows: (3) Drive-In and Convenience'Food. Drive-in and convenience food establishments provided that: (a) Compatibility. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. *(b) (c) Green Strip. At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and intensely screened in compliance with Section 4.033 (3). Lighting. Each light standard island and all islands in the parking lot landscaped or covered. (d) (e) Curbing. Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade. Vehicle Access. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 4.036. (f) (g) Drainage. The entire area shall have a drainage system which is subject to the approval of the City. Surfacing. The entire area other than occupied by buildings or structures or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City. *(h) Loading Berth. Adequate space shall be provided on the site for a loading berth to accommodate the parki.ng and manuevering of semi tractor trailors and shall comply with the require- ments of Section 4.037 of this Ordinance. *(i) Refuse Storaqe. All refuse shall be stored in containers as specified by City Ordinance. Said containers are to be screened and enclosed by a fence or similar structure. Dan Donahue 16 May 1985 Page Three e **(j) Drive-Up Service Windows. For convenience food restaurants, as defined in Section 4.022, with special criteria as follows: Convenience Food. Only convenience food restaurants qualify due to the nature of the food dispensing service provided. Stackin_g~ Not less than 180 feet of segregated automobile stacking lane must be provided for the service window. Traffic Control. The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and green area on the site. Use of Street. No part of the public street or boulevard may be used for stacking of automobiles. e Noise. The stacking and window placement shall be designed and located in such a manner as to minimize automobile and communication noises, emissions and headlight glare as to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. *New material, see discussion below. **Section transferred from B-4. Parking Requirements - Calculations The Taco John's case has pointed to the need to clarify several parking requirements of the Zoning Ordinance. Generated as a point of some confusion were the interpretations of Section 4.036 (4) (a) - page 4-31 and 4.036 (4) (g) iii - page 4-32. The basic question is whether Section 4.036 (4) (g) iii should be figured on a gross or net space basis. In other words, should exact calculations be made for non-productive space such as hallways, restrooms, entries or the like, or should simply the gross area be calculated and 10 percent deducted for the non-productive areas. As the City has utilized a gross calculation minus 10 percent basis in the past, it is recommended that this procedure be continued and Section 4.036 (4) (g) iii be clarified to reflect this approach. Our suggested wording is as follows: iii. More than One Use. Except for shopping centers, should a structure contain two or more types of uses, the gross floor area of each use shall be calculated and a 10 percent reduction shall be made for non-productive space. The resulting net useable floor space figure shall be utilized to determine the off-street parking requirement. Dan Donahue 16 May 1985 Page Four e Parking Requirement - Convenience Food Operations. Due to change in marketing and operations, the City has to address parking requirements for convenience food operations through a variety of calculations based upon differing space utilizations. The typical division is kitchen space, convenience food service area, and restaurant (sit down) space. A need is seen to simplify this calculation. Also no additional parking require- ments are added due to drive-through service. As such space can generate upwards of 40 percent of a convenience foods' gross sales, employee parking for such an activity.would appear a reasonable requirement. Based upon these considerations, we recommend the following modification to Section 4.036 (10) (1) - page 4-36: (1) Drive-In Establishment and Convenience Food. One parking space for each twenty square feet of gross service and seating floor area excluding the kitchen, but not less than fifteen parking spaces. Two additional spaces shall be required for a drive-through service window. We urge the Planning Commission and Council to review this proposed standard. While the proposal is less restrictive than what the ordinance calls for now, it would impose higher requirements then the practical application of the ordinance which has been utilized. We believe, however, in line with the City's philosophy to upgrade strip and highway commercial areas, these suggested standards will work towards upgrading of such areas and away from "marginal" operations. We are available to review these suggested changes with staff and subsequently with the Planning Commission and Council. CC: Doug Sandstad Bill Corrick Steve Sondral // northwest associated consultants, inc. May 16, 1985 Mr. Wi 11 i am Corri ck Mr. Steve Sondral Attorneys at Law 3811 W. Broadway Minneapolis, Minnesota 55422 RE: New Hope Sign Ordinance File No: 131.01 Gentlemen: Almost six months ago Mr. Donahue communicated to our office a number of questions related to sign regulations for the City. These were generated out of the sign requests made by the Winnetka Mall. I have attached a copy of these questions for your reference. From our office's perspective, we take a liberal position that providing justification can be made on the basis of health, safety and general welfare, the City can impose reasonable standards. Your office, at least on the sign content issue, has however, been much more conservative and as a consequence I am questioning whether you believe it possible or advisable to proceed with questions I and 2 in Mr. Donahue's letter. Would you please review these matters and advise me of your opinion at the earliest possible date. Very truly yours, NORTHWEST ASSOCIATED CONSULTANTS, INC. David R. Licht, AICP President DRL/nd cc: Dan Donahue Doug Sandstad 4820 minnetonka blvd. minneapolis, mn, ste. 200 55416 (612) 925-9420 CITY V NEI HOPE 4401 Xylon Avenue North New Hope, Minnesota 5~28 Phone: 5~-1521 November 28, 1984 Dave Licht Northwest Associated Consultants 4820 Minnetonka Boulevard St. Louis Park, Minnesota SIGN ORDINANCE The Council as its meeting on November 26, 1984 passed Ordinance 84-13 which amended 3.467(3) (a) of the Sign Code. The language leaves the ground sign intact except for the language prohibiting tenant's names on the ground sign. Council, after passing the ordinance, passed a motion directing staff and the Planning Commission to examine the following issues: Should there be a minimum letter height for these ground signs as well as any ground signs for all -districts? 2. Should there be a minimum, such as 20%, for identifi- cation of the shopping center or commercial area? How best can Section 3.467(3) (a) pertain only to shop- ping centers in a B-4 zone? There seems to be some con- fusion as. to whether this section of the Sign Ordinance could apply to other commercial areas not in a B-4 zone. I will be talking with you further on these matters after I have talked with the Planning Commission at the December meeting. Another action by the City Council was the passing of a resolution and Ordinance 84-14. This places a nine month moratorium on the acceptance of applications and the issuance of building permits for the construction of any mini-warehouses in the City of New Hope. Please see the enclosed resolution and ordinance. I am directed to conduct a study for the purpose of evaluating amendments to the Comprehensive Plan and the City Code as it relates to mini-warehouse developments. I will also be talking to you fur- ther on this study. Family Styled Village ~ For Family Living - 2 - Dave Licht Northwest Associated Consultants Last week, at the special meeting of the Planning Commission, the Commission stated that they wished to study further the subjects of performance bonding as they relate to Conditional Use Permits and for the elimination of most of the variance procedures and an increase in the use of the Conditional Use Permit. We will need to discuss this further and make some recommendations to the Planning Commission and Codes and Standards sub committee. Think over the items above and perhaps we can get together after next week. Dan Donahue City Manager dd/jsb el%c. ORDINANCE NO. 84-13 AN ORDINANCE AMENDING SECTION 3.467(3)(a) OF THE CITY CODE BY DELETING CERTAIN RESTRICTIONS ON SIGNS City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota, ordains: Section 1. follows: Section 3.467(3)(a) is hereby amended to read as (3) Ground Siqns. (a) Shopping Centers. Shopping centers containing more than four separate and distinct occupancies may erect only one ground sign per street frontage (single or double faced) to be used as an identification sign for the shopping center. Said ground sign may not exceed two hundred square feet in area, nor thirty feet in height and must be set back a minimum of twenty feet from all property lines. Section 2. Effective Date. This Ordinance shall be effec- tive upon its passage and publication. Dated: November 26, 1984. Mayor Attest: City Manager/Acting Clerk (Published in the New Hope-Golden Valley Post the , 1984.) day of 1 WILLIAM J. CORRICK STEVEN A. SONDRALL MARTIN P. MALECHA CORRIClI & SOI'~'I)RtLI'. CHARTERED L.&~ERS 3811 WEST BROADWAY ROBBIlW~Ik&LE, lV[II~ lW E ~ OW.& T£LEI=HONE (612) 533-2241 LEGAL ASSISTANT LORRAINE M. NORTHAGEN May 23, 1985 Mr. David R. Licht, AICP President Northwest Associated Consultants, Inc. 4820 Minnetonka Boulevard, %200 Minneapolis, Minnesota 55416 Planning and Zoning Our File No. 4607 Dear Dave: In response to your letter of May 15, we feel that recuirin? a minimum letter height for ground signs could be legally supportable if based upon a record with sufficient factual analysis of the safety elements. The public health and safety element seems to be present. ~owever the requirement for identification of the shopping center or cormmercial area presents a more difficult legal problem. The proper governmental purpose to be served by such a regulation is not apparent to me at this time, although possibly the arguments could be developed. Even more dubious is the basis for governmental regulation of commercial free speech. A Court could conceivably accept the argument that an identification sign is needed to enable people to find a 20 acre shopping center, but is more likely to frown upon this as unnecessary restriction of free speech. Any regulation of sign content is of dubious validity from a legal standpoint, and the need for such regulation should be determined to be very strong from a dolicy standpoint. By WILLIAM J. CORRIC~ William J. Corrick klthul CC: Daniel Donahue HISCOPYru ~.~ Doug Sandstad - northwest associated consultants, inc. July 1, 1985 Mr. Dan Donahue, City Manager City Administrative Offices 4401Xylon Avenue North New Hope, Minnesota 55428 RE: Self Storage (Mini Warehouse) Facilities File No: 131.01 Dear Mr. Donahue: Based upon comments received from Mr. Sandstad and Mr. Smith we have revised our 10 June 1985 draft of regulations addressing mini storage facilities. Additionally, we have made several other text changes based upon our continu- ing investigation of this matter. Relative to the points made by Mr. Smith and Mr. Sandstad, it should be noted that their position is that points (g) and (b) of the conditional use provisions should be an "either/or" situation. We have continued to list these as two separate and distinct requirements based upon the fire hazard which exists plus the minimal tax generation considerations. Under this philosophy we are stating that a mini warehouse facility must take on extra protection for public safety. Again, we are available at your convenience to discuss this matter further. Very truly yours, NORTHWEST ASSOCI~JNC. President~/ . DRL/nd CC: William Corrick Doug Sandstad Doug Smith 4820 minnetonka blvd, minneapolis, mn, ste, 200 55416 (612) 925-9420 northwest associated consultants, inc. PLANNING REPORT TO: FROM: DATE:. RE: FILE NO: Dan Donahue, City Ma~nager David Licht 10 June 1985 - Revised 1 July 1985 New Hope Self Storage (Mini Warehouse) Facilities 131.01 PREFACE At your directive, our office has undertaken a study of self storage (mini warehouse) facilities. The attached memorandum provides documentation of our study and findings. Based upon our study findings plus subsequent discussions with you and the City Attorney we have proceeded to draft zoning regulations considered as appropriate to govern the self storage developments and uses which may occur within the City. A background discussion and suggested zoning ordinance text follow. DEVELOPMENT AND'USE ISSUES In evaluating self storage facilities, a number of significant issues have been identified. These issues generate points of concern which subsequently should be addressed by the zoning ordinance. Residential Facilities - Compatibility. Beyond the internal site harmony, a compatibility at a broader area scale exists with residential facilities accessory to mini warehouses. By allowing residential uses within industrial districts, a potential environmental problem with noise, odor, light is created. As the City of New Hope is aware through past problems between residential and industrial uses, such situations can be quite significant. Additionally, it would seem inappropriate to impose special standards on surrounding neighboring industries for the introduction of a residential use within an "exclusive" industrial area. It is therefore suggested that in such cases accessory residential facilities be designed and positioned to minimize any potential environmental concerns. 4820 minnetonka blvd. minneapolis, mn, ste. 200 55416 (612) 925-9420 Dan Donahue 10 June 1985 Page Two e Potential safety problems for the residents of a care taker facility are also seen to exist. Beyond the question of noise, semi-tractor-trailers pose a potentially dangerous situation, especially if children are involved. The hazard of fire from materials stored at the facility or surrounding industries is also a potential concern. Beyond having special standards to address these specific issues, a conclusion can also be reached at an exclusive industrial area is a highly questionable location to allow accessory residential uses. As such, consideration should be given to the creation of a new zoning district which would more appropriately accommodate business and industrial activities which require on-premise, live-in quarters. Caretaker/Watchman Facilities - Development Standards. A frequent accessory use associated with self storage facilities are living quarters for caretakers or watchmen. Quite commonly no special standards or provisions are imposed upon these living units. 'As the City has no control on who the operator may hire to occupy such units, building site, and usable open space requirements would seem appropriate to insure livability and harmony between the residential and business activities. Building Design/Construction. Both a public safety as well as aesthetic concern are raised by the design and positioning of self storage buildings From an aesthetic consideration, long narrow buildings create a wall effect which may or may not be viewed positively. This design consideration also, however, has implications for fire protection. Given the fact that the City has no effective means whereby to control and police the materials which are stored within the warehouse units, any appropriate control would be to limit the size and length of structures. In this same regard the separation of structures is an added minimal protection which appears justifiable from a fire protection concern. Beyond the'size and locatio~ of structures, the building material standards which are imposed should be the maximum again given the fact that there is basically unregulated storage. In this same vein, dry sprinkling systems and stand pipes plus close proximity to or installation of fire hydrants are seen as essential for basic protection. Given the low tax revenue generation of self storage facilities, the use should be required to carry the burden of minimizing the public safety risk. Dan Donahue 10 JUne 1985 Page Three RECOMMENDATION Based upon the foregoing considerations and upon analyzing the zoning district options which are available in the New Hope Zoning Code, we have concluded that several major changes to the Zoning Code are necessary to appropriately handle mini-self storage facilities. A first and fundamental change is the creation of a new transitional zoning district to accommodate nonresidential uses which are not strictly commercial or industrial in character. This district would address a broader range of uses than simply self storage/mini warehouse facilities. Due to the special concerns noted with regard to self storage/mini warehouse facilities, these uses are recommended as being handled as conditional use activities. Our suggested approach to address these matters is as follows: "T-I" TRANSITIONAL ZONING DISTRICT Purpose. The purpose of the "T-i" Transitional Zoning District is to provide for the establishment of a specialized zoning district to accommodate unique, nonresidential activities which are not strictly commercial or industrial in character. The "T-l" Transitional Zoning District is to typically be applied in areas and to sites located between residential and nonresidential uses. Permitted Uses, "T-I" The following are permitted uses in an "T-I" District: (2) (3) (4) (5) (6) (7) (8) Governmental and public utility buildings and structures, not including outside storage. Commercial/leased offices. Medical and dental clinics. Public and semi-public educational and religious buildings and uses. Private clubs for handball, racket ball, tennis, etc. Indoor commercial recreation. Public parks, playgrounds ~nd related buildings and structures. Mortuaries and funeral homes. Accessory Uses, "T-1" (1) (2) (3) (4) parking. Off-street parking as regulated by Section 4.036. Off-Street Loading. Off-street loading as regulated by Section 4.037. Signs. Signs as regulated by and in compliance with Chapter 3. Buildings. Accessory buildings and structures which are utilized in support of the principal building and principal use of the site not to exceed twenty-five (25) percent of the gross floor area of the principal building or one thousand square feet, whichever is least. Conditional Uses, "T~" The following are conditional uses in an "T-I" District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 4.20, and compliance with Section 4.036, Parking; 4.037, Off-Street Load- ing; Chapter 3, Signing.) Dan Donahue t'~O June 1985 Page Four (1) Comment: Due to lot coverage this require- ment is seen as necessary for drainage concerns. Comment: Allows for fire truck manue- verability. Comment: Concept is to minimize fire hazard. Comme n t: Suggestions made. by Director of Fire and Public Safety. Self storage (mini warehouse) facilities, provided that: (a) At least thirty-five (35) percent of the site is open, green space which is sodded and intensely landscaped in accordance with a plan approved by the City Council. (b) Building coverage shall not exceed forty (40) percent of the 1 ot area. (c) No buildings shall be located closer than thirty-five (35) feet to each other to allow for parking, loading, driveway and fire lanes. (d) (e) (f) (g) (h) (i.) (J) No building shall be greater than one hundred fifty (150) feet in length. Adequate space is provided for snow storage. All structures are to be within two hundred (200) feet of a fi re hydrant. All storage buildings are to be equipped with dry sprinkling systems which will be subject to review and approval of the City Building Official and the City Director of Fire and Safety. Every 2,000 square feet of the storage structure is to be separated by a fire wall and a complete and comprehensive fire alarm system with smoke detectors shall be initiated in each structure subject to the review and approval of the Director of Fire and Safety. All driveway~ and parking areas are to be hard (blacktop or concrete) surfaced and adequate turning radius for fire truck maneuverability is to be maintained throughout the site. Designated snow storage space is to be provided to insure adequate and safe access during winter months. Accessory living quarters on the site are to be in a separate structure and are to conform to Uniform Building Code and Zoning Ordinance design standards for single family dwelling units. At least two thousand five hundred (2,500) square feet of usable open space which is in addition to any other open space, green area requirement is to be provided expressly for the accessory living quarters. 'Ban Donahue fO 6une 1985 Page Five (k) Any structures having exposure to an adjacent residential use or public right-of-way, park, or similar public use areas shall be of brick, natural stone, wood, or stucco facing material. (1) No retailing, wholesaling, manufacturing, repair, or other such activity other than storage is to occur within the self storage, mini warehousing facility. Lot Requirements, "T-i" (1) Lot Area. One (1) acre (2) Setbacks. (c) Front Yard: Side Yard: Rear Yard: Fifty (50) feet. Interior lot line twenty (20) feet, street lot line forty (40) feet. Thirty-five (35) feet. SUMMARY We emphasize that this is a preliminary draft of suggested regulations which require the review of City staff, the Planning Commission and the Mayor and City Council. Once an approach and content of regulations have been agreed upon by these parties, the City Attorney needs to place the material in appropriate ordinance format for public hearing and adoption. CC: William Corrick Doug Sandstad Doug Smith