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110585 Planning AGENDA PLANNING COMMISSION MEETING OF NOVEMBER 5, 1985 City of New Hope, Minnesota 4401 Xylon Avenue North 7:30 p.m. CALL TO ORDER ROLL CALL PUBLIC HEARINGS Planning Case 85-23 - Request for Approval of Preliminary Plat (zero lot line) 8117-19 28th Avenue North - West Suburban Builders, Petitioner. Planning Case 85,25 - Request for Preliminary Plat, Amendment to PUD, Rezoning R-3 to R-4, and C6nstruction Approval - 4051 Boone Avenue North - Sandpiper Cove Homeowners ~ssociation plus Citizens State Bank, Petitioners Planning Case 85-26 - CUP to Construct a Utility Structure in a B-1 Zone and Construction Approval - 7980 36th Avenue North and City Owned Flood Plain - John Parker and A1 Tedesco, Petitioners. Planning Case 85-28 Request for Variance - 3018 Independence Circle Jerome Unger, Petitioner. - , Planning Case 85-29 - Request for CUP f~ Home Occupation - 4701 Gettysburg North - Denise Bohnert and ~te~e Mueller (owner) Petitioners. Planning Case 85-31 - Request for Construction Approval for Utility Building - 5040 Winnetka Avenue North, Northwestern Bell Petitioner. Planning Case 85-32 - Request for Preliminary Plat - 9200 - 49th Avenue North - Clarence Brandell, Petitioner. Planning Case 85-33 - Request for Construction Approval for Apartment House - 8201 Bass Lake Road - Vernon Stuhr, Petitioner. Request for Concept Approval of Preliminary Plat, Rezoning, and Construction Approval of 72 unit Apartment Building - Howard Beal/Jim Lang, Petitioners. COMMITTEE REPORTS 12. Report of Design and Review Committee 13. Report of Land Use Committee 14. Report of Codes and Standards Committee NEW BUSINESS 15. Approval of Planning Commission Minutes of October 1, 1985 16. Review of Council Minutes of October 15, and 28, 1985. 17. Additional Comments, Suggestions, Requests, of Public, Commissioners and Staff 18. Announcements 19. Adjournment DATE: CASE: PETITIONER: REQUEST: LOCATION: ZONING: November 5, 1985 85-23 West Suburban Builders, Inc. Earl Wilson Preliminary Plat Approval (zero lot line) 8117-19 28th Avenue North R-2 STAFF FINDINGS AND COMMENTS: This case was tabled from the September Planning Commission meeting. The petitioner has failed to appear at the last two meetings and Planning Commission has tabled until the November hearing date. This duplex was built in 1975. It is very similar to other duplexes developed in that area that have been zero lot lined. The property meets all requirements of the zoning code and the only matter before the Planning Commission is approval of the preliminary plat. Staff recommends approval. -,9,0 0 20 40 IN FEET DENOTES IRON MONUMENT ARINGS SHOWN ARE A$SUMEO N. LINE OF LOT I0, BLIC3, TWIN TERRA LINDA, ACCORDING TO THE RECORDED PLAT THEREOF~ ~ - HENN. CO. EAST 120.00 62.60 t~J 57.40 -',, o T F R F-,,' LOT I LOT 2: 81_0¢K ~ ; L_ (~ 67.40 / '~ S. LINE OF *R = __.* I-. ,,, o, ,.2 4 ,%IF; A II :% DATE: CASE: PETITIONER: REQUEST: LOCATION: ZONING: November 5, 1985 85-25 Sandpiper Cove Owners Association plus Citizens State Bank Preliminary Plat, Amendment to PUD, Rezoning R-3 to R-4, Construction Approval 4051 Boone Avenue North R-3 STAFF FINDINGS AND COMMENTS: 1. This case was tabled from the last Planning Commission meeting. This petitioner has yet to come before the commission as they cancelled out at the last miniute. 2. I am furnishing you my comments from last month along with a copy of the Planner's report on the case. There have been a few changes that should be noted. The petitioner has submitted a narrative description of the project and has .now decided to include fire sprinklers throughout the building. To my knowledge, all other design considerations, plus the concerns of the Planner and myself still remain. DATE: CASE: PETITIONER: REQUEST: LOCATION: ZONING: October 1, 1985 85-25 Sandpiper Cove and Citizens State Bank Preliminary Plat, Amendment to PUD, Rezoning from R-3 to R-4, Construction Approval 4051 Boone R-3 STAFF FINDINGS AND COMMENTS: 1. This case has been referred to the Planner. In your packet is his report. This should pretty well describe what the petitioner requests and the planner's thoughts in the matter. Also, the petitioner is seeking approval for the first two stages of a three stage planned use development permit. If approval is given for these first two stages, it would then allow the petitioner to proceed with construction. 2. In addition to the report by the Planner, staff other concerns that the commissioners and council should of. has some be aware a. staff ~eeds to have a more narrative description of the proposed PUD and a complete architectural drawing as detailed in 4.19 (6) of the code, which speaks to the second phase of the PUD process. b. the easements have not been shown for water and storm sewer lines. c. the preliminary plat has a mis-spelling for"Sandpiper,,. d. from a procedural standpoint, we must do more than approve the proposed Sandpiper Cove Second Addition. I believe you would have to re-plat the original Sandpiper Cove plat to match, or we are going to end up with two outstanding plats that describe the eastern portion of the site in different terms. e. Although the new building would be a condominium development, it may be reasonable to ask about the useable open space as required for a townhouse project. There appear to be no intentions to provide such things as picnic areas, recreational spaces, play areas, etc. f. The only amenity in the tuck-under garage and this will not normally the case. submitted documents is the be served by elevators as is g. Some of the requests of the Design and Review Committee and staff recommendations have been taken in the revised drawings that were received by staff this past Friday. They have not provided the 24 foot wide driveway throughout the site, nor has the petitioner clarified if the entire building is to be provided with fire sprinklers as recommended by the Fire Chief because of the poor access into and within the site. h. The rezoning issue does have some merit as it is consistent with the Comprehensive Plan, the change in the use of the 7.27 acre site in the last decade and the Council decision to permit a total of 58 dwelling units on the site in 1975. This ev~lopment will then bring the total site to Staff does not recommend exceeding this density. Staff also points out that the soil problems are now known to be worse than originally thought on this 2.6 acres of the total site. i. The Planner in his report on page 4, talks about the difference in elevation between the driveway and the first floor of the building. Staff agrees with the Planner on this point, particularly with the inconvenience to the residents and the strange look that the east elevation is going to have. It should be noted that the site plan drawings for the east elevation do not show the driveway in relation to the elevation rendering. You may want to re-look at the Crystal Towers apartment complex, off Bass Lake Road. There the parking lot and driveway is well below the first floor levels. k. Staff would recommend concept approval only and not the second or development stage for the PUD. We think that there are enough concerns to warrent a more thorough examination. northwest associated consultants, inc. PLANNING REPORT TO: FROM: DATE: RE: FILE NO: Dan Donahue Alan Brixius 26 September 1985 Sandpiper Cove Condominium Rezoning and PUD Amendment 131.01 - 85.25 BACKGROUND Citizens State Bank of St. Louis Park is proposing to amend the approved Sandpiper. Cove PUD to allow for the development of a 22 unit condominium on the southwest corner of the 42nd Avenue and Boone Avenue intersection. The original Sandpiper Cove PUD was approved for the construction of 59 townhome units on a 7.3 acre site. To date 37 townhomes have been constructed on the western 4.7 acres of the site. The applicant is proposing to subdivide the parcel into two lots and an outlot and consolidate the balance of the 22 unconstructed units into a single building on a 2.6 acre site. Three applications must be processed to consider the applicant's request. They are as follows: o Rezoning: The site is currently zoned R-3 which provides for townhouse development and multiple family dwellings up to 12 units. The applicant is requesting to construct a 22 unit complex which requires an R-4 zoning district to permit the use. PUD: The applicant is proposing a use and design change from the 'originally approved Sandpiper PUD. To accommodate the change in use and design an amendment to the original PUD must be processed. Subdivision: The existing Sandpiper Cove PUD consists of 7.3 acres. The applicant is proposing to divide the site into two lots and an outlot. 4820 minnetonka blvd. minneapolis, mn, ste. 200 55416 (612) 925-9420 Dan Donahue .: ,. 26 September 1985 Page Two REZONING The applicant is requesting a zoning change from R-3 to R-4 to allow for the construction of a 22 unit condominium rather than the approved 22 townhomes on the site. The City of New Hope has requested that the site be developed. The applicant is proposing this design due to market constraints and site conditions. Comprehensive Plan. The New Hope Comprehensive Plan identifies this site as area in which medium density residential development (6-10 units per acre) should occur in a planned unit development. The site is characterized by a wetland and poor soils. The PUD will allow for a more efficient use of the developable land, clustering the units to allow for the most efficient use of the site and to preserve the open space. Land Use ~ompatib~lity. The rezonin§ change is necessary to allow for a change in the type of building from townhouses to a 22 unit condonimium. The applicant is not proposing to change the density from what was approved with the original PUD. The PUD serves to restrict the permitted density on the site. The re- zoning will allow for a different building type, however, nothing larger than 22 units~]can be constructed on the site. The building appearance is signifi- cantly different from the previously proposed townhomes. A building this large and high .constructed on fill raises some compatibility concerns, however, the applicant has attempted to minimize these impacts through the architectural appearance of the building, which has been coordinated with the townhomes in Sandpiper Cove. The site plan shows excessive setback from the adjacent properties allowing a buffering space. The landscape plan shows the preservation of a pondin§ area, a landscape screening between the proposed development and adjacent residential areas. Traffic. The Comprehensive Plan~s recommendations for medium density residential development on this site stems from its proximity to 42nd Avenue and Boone. This land use was proposed to limit access points onto these busy streets and to buffer the lower density single family development to the south. New Hope's policies for considering a rezoning are as follows: The character of the area has changed warranting the change in zoning designation. 2. The existing zoning represents a mistake during the initial zoning. Review of the applicant's request does not appear to comply with either of the aforementioned criteria, however, the following items must be weighed in any rezoning decision: 1. The City has requested that some development occur on the site. Dan Donahue 26 September 1985 Page Three' e The PUD controls the density and design of the site, providing added City controls when evaluating the proposal. The site has natural physical limitations that restrict the development. The proposed land use is consistent with the land use objectives of the Comprehensive Plan. The City must make a policy decision as to the acceptability of the requested R-4 rezoning. PLANNED UNIT DEVELOPMENT If the R-4 rezoning is approved, an amendment to the existing Sandpiper Cove PUD is required. The following is our review of the PUD development based on City zoning standards: Lot Area and Density. The applicant is proposing to subdivide the site into two lots and an outlot. The first lot contains the existing 36 townhomes and will be 4.7 acres, having a density of 7.6 units per acre. The outlot will be 6,050 square feet in area and cannot be developed. The second lot which is proposed to contain the 22 unit condominium will be 2.6 acres, having a density of 8.4 units per acre. The overall PUD will have a density of 7.9 units per acre, which is the same as the previously approved PUD. Setbacks. The R-4 district requires the following building setbacks: Required Proposed Front 50 feet 165 feet Side abutting Boone Avenue 50 feet 54 feet Side 20 feet 125 feet Rear 35 feet 85 feet The site plan shows setbacks that in each case exceed the established R-4 standard. .Parking. The site plan shows that 68 parking stalls are proposed. Thirty stalls are to be outside and 38 stalls are proposed to be located under ground. The New Hope Ordinance requires I covered parking stall plus 1.25 other parking stall per unit. This 22 unit condominium is required to provide 50 parking stalls, 22 of which must be covered. The applicant's proposal exceeds this req ui rement. Dan Donahue 26 September 1985 Page Four Parking Lot Design. Exterior lot raises the following design concerns which should be corrected: The driveway aisle for double loaded, 90o parking lot should be at a minimum of 24 feet. o The parking stalls on the west side of the parking lot dimension out to 10' x 17' These stalls are required to have a 20 foot depth. 3. A perimeter barrier curb is required around the entire parking lot. 4. The parking lot must have a bituminous surface and be striped. 5. Parking lot lighting should be indicated. Said lighting must be hooded. 6. Handicapped parking must be provided. Interior lot raises the following concerns that must be corrected: The New Hope Zoning Ordinance requires parking lots with 90o parking to have 64 feet from wall to wall. The interior lot scaled out to be 62 feet in width. e The two northerly parking stalls closest to the garage door should be eliminated. Access to these stalls would be difficult, as the manuevering space would be obstructed by the garage entrance. 3. Handicapped parking must be provided. Site Access. The site access is restricted by several site characteristics. The curb cut location is limited due to the existence of a merging lane on, Boone Avenue. Also the building location is restricted by the existence of poor soils and the existing sanitary sewer easement. As such, the building placement attempts to take advantage of the better soil conditions. As a result of these conditions, the following concerns arise from the circula- tion pattern: The sharp curves restrict site access' for large vehicles, such as moving trucks. e The driveway and the parking lot attempt to take advantage of the natural site contours which are 910 to 912 feet above sea level. The first floor building elevation is at 920. An increase of 8 feet in elevation at the front of the building occurs in just 15 feet between the driveway and the building. Building access is proposed to be provided through a series of ramps and stairways. The concern for convenient access for the residents, handicapped people and moving of furniture in and out of the apartments is ra i sed. Dan Donahue 26 September 1985 Page Five · The site lacks a designated loading area. A loading and unloading area should be provided exclusive of the parking and driveway area. In a phone conversation with the applicant's architect, it was indicated that the site plan was being revised to provide some type of loading area. In an effort to alleviate the access and circulation concerns, we spoke to the site architect about moving the building further west to provide more area for the driveway. The architect indicated that moving the building is very difficult due to the site's soil conditions. We do feel that correction of the parking lot design and the provision of a designated loading area will help to reduce the some of the concerns. Utilities. The site has access to municipal sewer which runs east and west through the site and is covered by a 20 foot utility easement. Municipal water is proposed to be looped through the site from the existing Sandpiper Cove townhomes and 42nd Avenue east to Boone Avenue. The alignment of the water- main abuts the southern boundary of the outdoor parking area. We would recommend that this watermafn be relocated within the existing sanitary sewer easement to avoid the need for a second easement and to prevent the disruption of the parking lot if there is need for watermain repair. The Fire Chief indicated that the proposed fire hydrant should be located near the street. In light of the poor on-site circulation, the hydrant location near the site would be more accessible for the fire department in an emergency situation; Trash Container. The proposed trash handling equipment is located in the base- ment near the center of the building. Access to this area by a garbage truck is prohibited because there is only 10 feet between the basement floor and the first floor. The basement lacks sufficient manuevering space for a garbage truck. The applicant should provide some description of how garbage removal is proposed. -- Fire Protection. The New Hope Fire Chief indicated that the site's circulation creates a problem for accessibility with a fire truck. To overcome these site circulation limitations, the Fire Chief recommended that the applicant provide an automatic fire sprinkler for the entire building. The applicant indicated that they would follow this recommendation. Architectural Appearance. The applicant is proposing a building design that is similar to the existing townhomes. The building is proposed to have an exterior finish of aluminium siding with asphalt shingles. The building will be built on fill and will have an elevation consistent with the townhomes to the west. The building height will also be consistent with the roof heights of the existing townhomes, however, the buildings will be above the single family homes to the south. Screening will be necessary to reduce the visual impact on these 'properties. Dan Donahue 26 Septe~er 1985 Page Six · Landscaping. The landscape plan indicates that the plant materials being proposed comply with the type and size requirements of the New Hope Ordinance. The Design and Review Committee indicated that the Russian Olive proposed as screens on the north, south and west are ineffective. As such, a different type of tree should be selected. We recommend that the landscape screen be staggered to provide a more effective screen. Developer Agreement. A new development contract must be entered into between the developer and the City to insure the terms of the PUD are followed through. The applicant is requesting the approval of the PUD concept and development stage. We have outlined a number of needed revisions to the site plan_in our review. Based on our review of the site plan, we recommend approval of the PUD concept and development plan provided the applicant revises the site plan in accordance with the revisions outlined in this report and the recommendations of the Design and Review Committee and the Planning Commission. SUBDIVISION Review of the subdivision indicates that the newly created lots conform to the standards of the New Hope Ordinance. Preliminary plat approval can be given with final plat approval occurring with the final stage of the PUD. CONCLUSION The development of this site will depend on the City's decision on the requested R-4 rezoning. Without this approval, the PUD amendment cannot be processed, as the proposed development would not be permitted in the R-3 district. CC: Doug Sandstad David Namie Steve Sondrall OFFIC~. PtAr ?~RS, SANDPIPER COVE · LOT_...~VEY_~_ ~'~ .4D~. I ~ I ..... ..... · ~ ~e.~ ~, B .4 RRE TT'~ LOT BLOCK R-I 1TM : 'TERRACE 800K 2.,~. PAGE_.I.~.- I c.,.D(~.,o..4,,'-', j I LOCATION MAP ~ DESCRIPTION ,..-~,'-,--;7.1'.-'-';'?t-='~,=!,, ) , ",'- ...... ,, ,,,,.,,, ...., -, ,-. _.., -: ..~;,...--,.=.~, · -., .-~ . .. ~ HERMAN ADD. .. J .J 0 ~ BARR{ETT'S I i' I I TERRACE ;L ) e , T£~RA'CE i LOCATION MAP ERSIZED DRIVEWAY AISLES UNLOADING AREA NEEDED ,,,, STREET SECTION ARRO ,_~ TURNING RADIUS I; ,.,;" :~ ,"LL I I ," . .I ',:=,~.:====: N FINAL SITE PLAN. 0 ..d · :..o ..-'. fib f3 2:'__. .J HERMAN ADD. R.L, S NO. CQ Rn NO. g ) ~ RO C__~K.F'O__RD RD. .. ~ STAGGERED PLANTING FOR SCREEN o4` I '~ , I TERRACE MATERIALs.USE ALTERNATIVE LANDSCAPE LOT I BLOCK TERRACE LANDSCAPE SCHEDULE ' ~,, ~. ,.,,,..,. :: oo I' I LOCATION MAP ~)81TE'~ ' 8lIE DATA ! L&J R~RK lNG DATA STAGGERED PLANTING FOR SCREEN USE ALTERNATIVE LANDSCAPE MATERIALS, · FINAL LANDSCAPE PLAN AVE N~ I LOCATION MAP 81TE DATA POOR SOILS FILL AREA RELOCATE WATER MAIN TO EXISTING SEWER EASEMENT WI ;~',. ........ ~'~t~. ' I I STEEP SLOPES ,'1' I I I PARKING DATA FINAL GRADING & UTILITY PLAN Z 2ND FLOOR. t%L2A .2A ~ 2B __L ELIMINATE PARKING STALL [ ] ' [ [ ~=~ [ ] I I I [ ' I I i I ' I'"' I-'1 I i. I i . BASEMENT' x. F SH ~,~ ....... LOCATION 0 TRA EQUIPMENT EAST ELEVATION, NORTH ELEVATION -- SOUTH ELEVATION ' WEST ELEVATION ZC, O .--JO I.-.-. r"', ~.-~ '-"" I'-- U %SEED AREA NORTH OF ~REA BETWEEN ~/EST' WALL OF BUILDING AND WEST PROPERTY IJNE SHALL BE SODDED. PROPOSED 5- LP EXISTING TO'M THUMB STORE EXIST. SHED TO -- )ROPOSED B612 CONC. BE CURB 8, Gu"rrER · PROPOSI AT LOW PROPOSED 40-El ;,'EXIST. .'4" .COt{C: SIDEWALK' · JCE AS ~ERS FIONS EXIST 5.5' HIGH WOOD SCREEN FENCE RELC AROUND TIMBER BARRIER AS REQUIRED ,. -~ ,'. ;--'', .--. ,,, EXIST. CONC. APRON / ' ' TO BE REMOVED ,,,;' ,.' ~.. EXIST.". 5' 'CONC i SIDEWALK :':., "j' '" * : oEXmT. PP. ~ EXIST. POWER 9, TELE. LINES EXIST. CONC. CURB ~ EXIST. TO BE 36 th AVENUE NORTH DATE: CASE: PETITIONER: REQUEST: LOCATION: ZONING: November 5, 1985 85-26 John Parker and A1 Tedesco CUP to Construct a Utility Structure in a B-1 Zone and Construction Approval 7980 36th Avenue North and City Owned Flood Plain R-1 and B-1 STAFF FINDINGS AND COMMENTS: 1. This case was tabled from the October Planning Commission meeting. Since that time the city planner has reviewed the case and you will find his report in the packet. 2. There are some staff problems and legal problems with this case that will be before you on Tuesday night. This is no longer a simple planning case. There are now four conditional use permits needed, and a variance. The advertisement for the public hearing only listed one of those conditional use permits and construction approval. I consulted with the City Attorney and he advises us that we must re-advertise and hold another public hearing for the other three conditional uses and the one variance. He further advises that this ca~e warrents a strict adherence to existing zoning ordinance and flood plain ordinance. 3. I advise you to re-read the minutes from the last meeting as you had many questions concerning this proposal. They are now making, or proposing to make many of the changes that you had brought up. They are planning substantial improvements to the Tom Thumb site which includes closing off one of the driveways and putting in quite a bit of landscaping. I also understand that they have done some work on undergrounding part of the cable. 4. We are going to have to work something out on another meeting. I am not sure what the petitioner's construction schedule is, and if he can wait until the December meeting. northwest associated consultants, inc. PLANNING REPORT TO: FROM: DATE: RE: FILE NO: New Hope Planning Commission New Hope Mayor and City Council Jay Baago 8 October 1985 P~rker Communications, Inc. CUP's/Variance/Flood Plain Use Permit 131.01 - 85.26 BACKGROUND Parker Communications, Inc. is proposing to construct an addition to the Tom Thumb Store located at 7980 36th Avenue North (see attached Exhibit A). The store in its present location is non-conforming in that the west side yard setback has been encroached. The addition would have an AM and FM transmitter. The parcel is zoned B-l, Limited Neighborhood Business. Such uses are implied as acceptable in this district by conditional use. The applicant is also proposing to reconstruct the signal tower closest to Winnetka Avenue or alter it if it has been determined that the existing tower does not meet the structural characteristics required to expand the AM and FM antennas. In either case, a conditional use permit is required under the R-1 District regulations in which it is located. A CUP Flood Plain Use Permit is required as it also falls within this district. In sum, the following applications are necessary: / - Conditional use permit to construct a "utility" structure in the B-1 District. - Variance for expansion of a non-conforming structure. ~ - Conditional use permit to expand or reconstruct a radio tower in the R-1 District. - CUP Flood Plain Use Permit to expand or reconstruct in the Flood Plain District. 4820 minnetonka blvd. minneapolis, mn, ste. 200 55416 (612) 925-9420 New Hope Planning Commission New Hope Mayor and City Council 8 October 1985 Page Three CUP to Reconstruct Tower in R-1 District. The conditional use criteria for this proposal again encompasses compatibility, setbacks and enclosure of equipment. These terms have been met mostly due to the fact that this use already exists in its present location. The City has, however, placed emphasis on other criteria, particularly security provisions for both the tower and cable to be strung from the transmitter to the tower. The City recently has had problems with kids climb- ing the tower and cable. Thus, security fencing should be provided around the base of the tower. The applicant is aware of this problem and stated that such provisions will be part of a new or reconstructed tower. The cable, which also establishes an aesthetic issue (or visual pollution) as well as security problems, should, if at all possible, be located underground. The applicant stated this would result in maintenance problems. When weighed with security concerns, however, we feel the maintenance aspect is negligible. Additionally, with the apartments to the west in full view of the proposed cable and towers, extension of this cable 320 feet across the marshland would damage the aesthetic openness of the area which is enjoyed by the apartment dwellers. As such, we are proposing the cable be located underground and proper signage be installed to show its location. It is also requested that an access route be designated between the tower and the transmitter facility. CUP Flood Plain Use Permit. Radio transmitter towers and appurtenant cables are allowed in the Flood Plain District by conditional use. "All conditional use applications shall be accompanied by a flood impact statement drafted by a registered engineer. The City Engineer shall be responsible for a review and recommendation on the application and shall be responsible for submitting the proposal and application to the Depart- ment of Natural Resources and any other governmental unit having flood control jurisdiction over the area for review and written comment. In determining the acceptability of a proposed conditional use, the City Engineer and the City Council shall consider all relevant factors specified in other sections of this appendix and this Code, and: (i) Danger of Increased Height or Velocity. The danger to life and property due to increased flood heights or velocities caused by encroachments. (ii) (iii) Danger of Swept Away Materials. The danger that materials may be swept onto other lands or downstream to the injury of others. Water Supp1S and Sanitation. The proposed water supply and the ability of these systems to prevent disease, contamination and unsanitary conditions. (iv) Flood Damage SuscePtibility. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. New Hope Planning Commission New HopeMayor and City Council 8 October 1985 Page Two ANALYSIS For the purposes of this report, each application will be discussed separately. CUP for "Utility" Structure in B-1 DiStrict. The proposed expansion is for a 14' by 16' by lO'"''structure to the rear o~ the Tom Thumb. The facility would be attached to the structure; however, no access to it will be made (Exhibit B). The expansion will not increase the non-conformity of the existing building as it meets or exceeds setback requirements. Additionally, from a use perspective, government and utility structures are allowed as a conditional use provided the structure is compatible with the surrounding neighborhood, setbacks are met, and equipment is completely enclosed. The structure will be cOmpatible with adjacent uses in that it will be constructed of the same material as Tom Thumb, and also in that it will be visible only from directly adjacent development - apartments to the west and service station to the east. The visibility factor from the apartments will result in the applicant upgrading landscaping on that property line. One aspect in enhancing the City's position when granting CUP's is that the City can place any conditions upon which they deem necessary for any given application. Pursuant to this, we have inspected and addressed sight deficiencies relative to the Tom Thumb building and would like to see these deficiencies corrected as part of any recommendation for approval. They are as follows: Parking - The site currently is seven (7) parking stalls short of City requirements. Thus, the facility should be required to have 18 parking spaces plus an additional two (2) for the proposed expansion. e Access - City regulations allow for one (1) access per 125 feet of street frontage. The lot has exactly that amount of frontage, but has two access points. As such, one should be eliminated and perhaps this space coul~d be used to free up additional parking. - e Landscaping/Screening - The City has in the past made clear their displeasure regarding the lack of site amenities for this structure. It is recommended, then, that additional landscaping be provided along the west property line as well as fence maintenance. There currently are holes in the fence and the landscaping is not up to City standards (Section 4.033, Subd. 3 and 4). It is also important to note that thewaste receptable on the east side of the building should be screened from view. Variance for Expansion of Non-conforming Structure. As mentioned above, the proposed expansion will not increase the non-conformity of the structure. That can be viewed in a positive manner. However, under City ordinance provisions, physical hardship must be evident as a basis for granting variance approval. Under the strict terms of the Ordinance we find no physical hardship evident and thus find this particular request questionable. New Hope Planning Commission New Hope Mayor and City Council 8 October I985 Page Four (v) (vi) (vii) (ix) (x) (xi) (xii) Importance of Service. The importance of the services provided by the faci 1 i ty to the community. Waterfront Requirements. The requirements of the facility for a waterfront location. Compatibility with Other Developments. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. Relation to Comprehensive Plan. The relationship of'the proposed use to the comprehensive plan and flood plain management program for the area. Vehicle Access Safety. The safety of access to the property in times.of flood for ordinary emergency vehicles. Expected Flood Waters. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. Other Factors. Such other factors which are relevant to the purposes of this Code.'" Again, as this site is currently accommodating the same proposed use, flooding potential would be limited by such a development. However, as note~i above, the City Engineer should review the proposal for any potential flooding or other problems. The DNR has reviewed it and found acceptable. RECOMMENDAT ION While it is recognized that the variance request for expansion of a non-conforming structure appears questionable due to lack of physical hardship, the proposed development in one instance offers the City the chance to clean up a site which is substandard in many ways (Tom Thumb) and in another instance allows for continued and expanded use of one of its commercial facilities (radio tower). To be sure, the City's benefit on the latter case may be marginal. However, with exception to the security and aesthetic provisions relative to the proposed cable and tower which should be made conditions of approval, we find no problem with the proposed expanded or reconstructed tower. To summarize the proposed transmitter facility location, from a use perspective it is conditionally acceptable. The conditions upon which approval are based from this report as follows: Increase number of parking stalls from 11 to 20. Eliminate one of the access points from 36th Avenue. New Hope Planning Commission New HopeMayor and City Council 8 October 1985 Page Five e Submission and implementation of landscaping and screening plans in accord with City standards. Of particular importance is complete screening of the west property line. Additional landscaping should be viewed as a positive factor. The waste receptacle on the east side of the structure should also be fully screened. CC: Dan Donahue Doug Sandstad Bonestroo, Rosene & Associates, Inc. new hope, minn. EXHIBIT A ~T~ P~e~ ComPlaN/es ~c~o~c~ a. /'.l,~oso,v,. I, vc. . ~INNETO~I~ ~O~TH I o ~W DATE: CASE: PETITIONER: REQUEST: LOCATION: ZONING: November 5, 1985 85-28 Jerome Unger Variance for Air Conditioner in Sideyard 3018 Independence Circle R-1 STAFF FINDINGS AND COMMENTS: 1. The petitioner is seeking to locate his air conditioner in the sideyard. There is no demonstrated non economic hardship that applies in this case. However, the residence immediately adjacent to his home has the backyard facing the sideyard of the petitioner. 2. The rationale for locating the air conditioner in the sideyard is so that it won't interfere with the use of the rearyard use of the deck. We have approved several cases in the past similar to this one in the past. There needs to be comments from the neighbors on the issue. 3. The placement of the air conditioner will be somewhat screened but i6 will be visible from the neighbor's rearyard. 4. Staff is a little uneasy about recommending approval as there is really no basis in the ordinance for approving this request. DATE: CASE: PETITIONER: REQUEST: LOCATION: ZONING: November 5, 1985 85-29 Denise Bohnert and Steve Mueller CUP for Home Occupation/Beauty Shop 4701 Gettysburg Avenue North R-1 STAFF FINDINGS AND COMMENTS" 1. The petitioner is seeking to set up a beauty shop operating out of her home. The petitioner wishes to operate the business approximately three days out of the week with no exterior changes to the residence. 2. We have had other requests such as this is the past. We have required conditional use permits and the petitioner must meet the following criteria: a. No adverse effect on neighborhood may occur. b. Any exterior changes must be screened or properly designed. c. Any i~terior changes must comply with all applicable codes. d. Any traffic generated may not be a nuisance or hazard. The commission would need to determine that the petitioners would not violate any of these four conditions. 3. I ha~e not had enough time to research previous cases but will do this prior to the meeting on Tuesday. 4. Staff would recommend approval if the traffic generation is comparable to other beauty shops in the home and is reasonable for the neighborhood. The only thing we are not certain of at this time is if there will be exterior signs and how the advertisement for the business will be handled. '- Low£R LEVEL ~F. DP,.O0 ~ BF_DP~ooM HALU L,,'/~x b~ ~qALL FLW, A/A CE LAUNDRY R. OOFI FULLA)2,EA 15 ~EAUI-Y ~LON _) ;FAint L',/ ROOM L~PPEP.. LEVEL LANDIN 6 P--USTOMEP-.,S WILL ENTiZP.., THR.OUGH THE ~AP-.AF.6E AN D m~ W~ 'THE 5TAI F,S TO THE ~£AUTY ,.SALON 'Ti-I E ~UALIFIF.:ATI~N FOP-. ABE-AUF¥ SA/.-ON I $ i'ZO SI~,~NAP-E FL--gT 5'FAI KWA Y qxb D'P-.tVEW^y IL~xqG DATE: CASE: PETITIONER: REQUEST: LOCATION: ZONING: November 5, 1985 85-31 Northwestern Bell/Northland Properties and Joan Shapiro Construction Approval for Utility Building 5040 Winnetka North I-2 STAFF FINDINGS AND COMMENTS: 1. Northwestern Bell has entered into an agreement with Northland Properties to construct a small 22 x 23 foot utility building. It will be located on the extreme southeast corner of the Northland property. This type of building is a permitted use in the I-2 zone. 2. Setbacks from property line are consistent- with the requirements in 4.032(3) for accessory buildings. 3. The request here is from Northwestern Bell to construct a building. However, there are some problems with the overall site which have nqthing to do with NW Bell's request. Available parking on the site appears to be somewhat shy of the ordinance required 45 spaces. Staff would recommend extending the asphalt to expand available parking by about 11 spaces and to complete the driveway and circulation system both to the parking in the rear of the building and the new Northwestern Bell building. At the same time, curbing should be added on this driveway and parking area because it does not presently exist and should be five feat from the property line. This is a required item by code. Subsequent to the asphalt work and curbing work, striping of the lot in white must be done and is important. Again, this is not NW Bell's problem but its an overall problem with the site. 4. I have not received much information about the design off, he building and what it will look like. We have never gotten into the design aspect of small utility buildings. It would be nice if they could present some information on design. SURVEY {~ SITE PLAN FOR: NORTHWESTERN BELL NEW HOPE, MINNESOTA 518.02 f //! '1 / \ \ / / / [~amde Land Onrveylml Inc. DATE: November 5, 1985 CASE: 85-32 PETITIONER: Clarence Brandell REQUEST: Preliminary Plat LOCATION: 9200 49th Avenue North ZONING: I-1 STAFF FINDINGS AND COMMENTS: 1. Mr. Brandell wishes to replat his property which is immediately east of the office building at 49th and County Road #18. It is the intention of Mr. Brandell to sell Lot 1, or the northern edge of the new property plat to the Wayzata Bay Center which is the adjacent property to the west of lot one. The Wayzata Bay Center has a need to expand their parking in order to bring it into conformance with code and provide the required 35% green area. 2. You might recall that Mr. Brandell did receive permission to construct a mini-house on the property now being platted. There should be questions directed as to his intentions of this future development. I don't believe it is now possible given the replatting and the selling of Lot 1. 3. Staff highly recommends the approval of this preliminary plat and only cautions that the concerns expressed by the city engineer for the easement on the south property line be met. I have enclosed a copy of the letter from the engineer on this matter. LOT SURVEYS CCIMEM~Y,;, INC.. ~ ~ ~.,~ O~ S~I~OF~MIN NI~OT~ ~1- ~rd A~ ~ ~ Lot~l, BIoc~I;.BEANI~I: ~R~ ,I --I 49T H ~..,""AV 'i~j-E' NORTH ...... Nm~e~:o£:Lots_2~ · Total_~'ea~== 152;12g:Sq;_PL-.. Lot-1 =:2g,Slg Sq;.Ft: LottZ_=~Z2,610Sq..Ft;_, October 16, 1985 Otto G. Bonestroo, P.E. Robert W. Rosene, P.E. Joseph C. Anderlik, P.E. Bradford A. Lemberg, P.E. Richard E. Turner, P.E. James C. Olson. P.E. Glenn R. Cookl P.E. Keith A. Gordon, P.E. Thomas E. Noyes, P.E. Richard W. Foster, P.E. Robert G. Schunicht, P.E. ~farvin L. Sorvala, P.E. Donald C. Burgordt, P.E. Jerry/1. Bourdon, P.E. Mark A. Hanson, P,E. Ted K. Field, P.E. Michael 7~ Rautmann. P.E. Robert R. Pfefferle, P.E. David O. Loskota, P.E. Charles A. Erickson Leo M. Pawelsky Harlan M. Ol~on City of New Hope 4401Xylon Avenue No. New Hope, MN 55428 Attn: Mr. Dan Donahue Re: Brandell Industrial Park 2nd Addition Our File No. 34 General Dear Dan, In reference to the above plat, the sanitary sewer location serving England Graphics should be verified. I believe the easement along the south line at 49th Avenue should be increased from 5' to 15' or even 20' dependent upon the sewer location. The distance from the sewer line to the north easement line should be a minimum of 10'. I also feel the easement along the west line should be 10' instead of 5'. If you have any questions, please contact this office. Yours very truly, BONES~RO~K & ASSOCIATES, MaWr ~A. Han~on ~ MAH: li INC. cc: Harris Smith, City of New Hope 1449d DATE: CASE: PETITIONER: REQUEST: LOCATION: ZONING: November 5, 1985 85-33 Vernon Stuhr Construction Approval for 7 Unit Apartment Building 8201 Bass Lake Road R-4 STAFF FINDINGS AND COMMENTS: 1. The petitioner is seeking to construct a 7 unit apartment building on his vacant lot located at the corner of Bass Lake Road and Wisconsin Avenue North. The project meets code, at least as presented, and there are no issues concerning Conditional Uses or variances. 2. This site has long been vacant and they have had several requests and problems keeping the property free of debris and outdoor storage. There haVe been such things' aSparking of vehicles, sale of vehicles,~'nd firewood storage On 'the~ Site~. · 3. Traffic circulation and parking layout of this plan should be questioned. I do not believe that a traffic engineer has reviewed the plans. The design is for a one way flow of traffic circulating counter clock-wise through the site. Staff is a bit uneasy as to the width of the driving aisles and if they will actually be what the petitioner is proposing. We do not have a current land survey nor have the architectural drawings been certified. We have little detail and lack good construction plans. 4. The above ground drainage to the north, °~n t'o Bass Lake Road may 'be a problem because of the volume of water. ~A~ catch basin or drainage structure may be necessary at the north driveway tto intercept. - ~. ~' . - - ~ ' -~ ~ . 5. Planning Commission should require that the petitioner ~give a good presentation on the structure itself and what it is going to look like. DATE: CASE: PETITIONER: REQUEST: LOCATION: November 5, 1985 85-35 Howard Beal and Jim Lange Concept Stage of PUD, Rezoning from B-3 and R-1 to R-5, and Preliminary Plat Approval 6100 West Broadway STAFF FINDINGS AND COMMENTS: 1. The petitioners are seeking to construct a 72 unit senior apartment complex on the property now occupied by Beal Cabinets and the two delapitated houses just south of Beal Cabinets, all located at 61st and West Broadway. Staff has been pushing for the redevelopment of this property for some time. The owners of Broadway Village apparently liked the idea and those owners are now petitioning for this development. 2. Construction is not planned until April of next year. However, they are requesting the city to participate through a tax increment district and housing bonds. If this is to be done, then the bonds must be sold before the end of the year. For a bond sale, there needs to be concept approval for the PUD, there needs to be permission to rezone the properties to R-5 and there needs to be a replatting. If this is all cleared, by both the Planning Commission and City Council,then on November 12, in front of the City Council there will be three public hearings concerning the bond sales. If these requests are not approved or are tabled, then there will be no project. Of critical importance is the approval of the concept plan and the rezoning at this time. 3. The merits to rezoning these sites to add high density use are consistent with our comprehensive land use plan, our housing policy and will benefit the community by the elimination of blighted properties. Facts can be developed to support the notion that the zoning of at least two of the three is no longer appropriate and that a substantial change has already occurred on at least one adjacent property which would support or enhance the argument that this site should have high density residential. 4. The concept approval of the PUD is not construction approval. On Tuesday night the concept with the site plans will be presented. Staff has tried to work with the developer to the point where you should be presented with all of the information to make a proper decision on this concept approval, j There will be little in the way of details such as lighting, landscaping, etc. This will be all presented at the development stage of the PUD which would come before you probably in January or February. 5. Staff highly recommends the project and the rezoning. A major question left is the adjacent R-1 district and whether that is compatible with the R-5 project. We have four other developments in the city where an identical situation does exist. Staff believes that the uses are compatible. .E.i e .r]y Apartment Homes R4 r SITE '_ DATA · .xh~t~ Zoning~1 .& D3 Roqu~od ZornO R~ R1 99,300Lt, 26.~% of s~ts Building HgL .--_ 3 ~to~ mt 9'~' 27' - O' ...... 1 ~. ~ 54 · - - . 2~ 16, ~o~ ~_~ ........ 72 _ .............. '~lco To~l P~ 77 stills ~f P~ 36 R1 Proposed 72 Unit8 R4 R4 SITE PLAN New Apazlmem B3d~ LANDSCAPE SCHEDULE -----LM~DSC~ .~]C. QBE_AB~~ - FLO_OBS 2,3;&4 ' ' .1 1- ,,,,-:,.-~-LOWER PARKING LEVEL ..... ..~