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030612 PlanningK67 , 8 PLANNING COMMISSION MEETING City Hall, 4401 Xylon Avenue North Tuesday, March 6, 2012 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. CONSENT BUSINESS 4. P v viiC HEARING • 4.1 PC 12 -01, Request for site plan review for an exterior remodel of the existing building and change from single to multi-tenant building, 8001 Bass Lake Road, Brian Fabo/Fabo Enterprises on behalf of Family Dollar, petitioner • 4.2 PC11 -09, Request for a variance from the side yard setback requirement for a driveway expansion, 8424 46th Avenue North, Dawn Niess, petitioner 5. COMMITTEE REPORTS 5.1 Design and Review Committee — next meeting March 15, 7:30 a.m. (if needed) 5.2 Codes and Standards Committee 6. NEW BUSINESS • PC12 -02, Amendment to Section 4 -32 Administration - Amendments 7. OLD BUSINESS 7.1 Approve January 3, 2012, Planning Commission Minutes 8. ANNOUNCEMENTS 9. ADJOURNMENT o Petitioner must in attendance at the meeting Planning Commission Guidelines for Public Input The Planning Commission is an advisory body, created to advise the City Council on land use. The Planning Commission will recommend Council approval or denial of a land use proposal based upon the Planning Commission's dete of whether the proposed use is permitted under the Zoning Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the surrounding neighborhood. The Planning Commission holds informal public hearings on land use proposals to enable you to learn, first -hand, what such proposals are, and to permit you to ask questions and offer comments. Your questions and comments become part of the record and will be used by the Council, along with the Planning Commission's recommendation, in reaching its decision. To aid in your understanding and to facilitate your comments and questions, the Planning Commission will u*� ac+�. 1;z-e the following procedure: 1. The Planning Commission Chair will introduce the proposal. 2. City staff will outline the proposal and staffs recommendations and answer any questions from the Planning Commission. 3. The petitioner is invited to describe the proposal, make comments on the staff report, and answer questions from t' Le Planning Commission. 4. The chair will open the public hearing, asking first for those who wish to speak to so indicate by raising their hands. The chair may set a time limit for individual questions /comments if a large number of persons have indicated a desire to speak. Spokespersons for groups will have a longer period of time for questions /comments. 5. When recognized by the chair, the person wishing to speak is asked to come forward and to give their full name and address clearly. Remember, your questions /comments are for the record. b. Direct your questions /comments to the chair. The ie chair 'will determine who will answer your questions. 7. No one will be given the opportunity to speak a second time until everyone has had the opportunity to speak initially. Please limit your second presentation to new information, not rebuttal. 8. At the close of the public hearing, the Planning Commission will discuss the proposal and take appropriate action. A. If the Planning Commission recommends that the City Council approve or deny a request, the planning case will be placed on the City Council agenda for the next regular meeting. Usually this meeting is within one to two weeks of the Planning Commission meeting. B. If the Planning Commission tables the request, the petitioner will be asked to return for the next Commission meeting. PLANNING CASE REPORT City of New Hope Meeting Date: Tuesday, March 6, 2012 Report Date: Thursday, March 1, 2012 Planning Case: 12 -01 Petitioner: Brian Fabo, Fabo Enterprises on behalf of Family Dollar Address: 8001 Bass Lake Rd Project Name: Family Dollar Project Description: Exterior remodel of the existing building and change from single to multi-tenant building. Planning Request: Site plan review I. Type of Planning Request II. Zoning Code References Section(s) 4-35 Administration — Site Plan Review III. Property Specifications Zoning: CB, community business Location: South side of Bass Lake Rd, just to the west of the intersection with Winnetka Avenue Adjacent Land Uses: CB to the north and east, a mix of residential (R -1, R -3, R -4, and R -5) to the south, west, and north. ISD 281 owned soccer fields and Winnetka Learning Center site to the south. Site Area: 100,816 square feet or 2.31 acres. Irregular lot. Building Area: 9,593 square feet gross floor area for Family Dollar. Lot Area Ratios: Building area: 18,467 square feet (17.41 %) Paved area: 68,679 square feet (64.74 %) Green area: 18,938 square feet (17.85 %) Planning District: Planning District 4. The site is identified as a marginal business and an opportunity for redevelopment. The city has a goal of maintaining and improving its commercial areas. IV. Background The commercial building at 8001 Bass Lake Road has been deteriorating for some time now. Formerly used as a nursery and currently used for furniture sales and storage, the site is now proposed for Planning Case Report PC 12 -01 Page 1 3/6,/12 exterior fagade and site renovations and interior changes which will split the building into two tenant bays. Family Dollar has proposed to take approximately half of the building for a new store location. Site plan review is required of all buildings changing occupancy and modifications of the building's fagade that change the building's appearance from the public right -of -way. V. Zoning Analysis A. Plan Description 1. Setbacks (Building Placement) The existing building meets all required setbacks. 2. Circulation Access Traffic and Emergency Vehicle Access There is a loading dock located at the southwest corner of the building that will be serviced by semi - trailer trucks. The applicant has submitted truck turning templates that show the site has adequate space for truck maneuvering under normal circumstances. An area has been identified as snow storage which interferes with the proposed path for semi - trailers. The plans fail to show how the second tenant bay will be accessed for deliveries and garbage. The applicant must demonstrate how this area will be accessed and trucks maneuvered. The existing outdoor storage area will likely interfere with this function. An existing access point at Bass Lake Road will remain. 3. Curbing Sidewalk and Pavement The existing greenhouse at the northwest corner of the building is slated to be removed. In its place the applicant has proposed to construct an area for additional parking. The parking area will be curbed. A new pedestrian walkway has been proposed connecting the public sidewalk to the building via a. concrete sidewalk and painted striping over the parking lot. A new sidewalk, ranging in width from 5 to 16 feet, will be added along the front of the building and connecting the two tenant bays. 4. Pedestrian Access and Common Space As mentioned, the site will have new points of access for pedestrians. A pedestrian ramp is recommended for the sidewalk connecting the public sidewalk to the parking lot. Because of the curbing and lack of pedestrian ramp, the sidewalk would be inaccessible to those with disabilities. 5. Parking Parking is more than adequate at the site. A total of 24 new parking stalls (including 4 handicap) are being added in the area where the greenhouse currently sits. The entire site will have 9: parking stalls. Assuming both tenant spaces are used as retail a total of 83 stalls are required. The site has an excess of 14 stalls. The parking stalls in the existing parking lot are shown to be a length of 18 feet. Code requires these stalls to be a length of 19 feet. Planning Case Report PC 12 -01 Page 2 3/6/12 6. Building a. Elevation (design, materials, and color) The applicant is proposing to repaint the existing concrete and wood exterior. The concrete masonry units (CMU) on the bottom two- thirds of the building will be painted two different tones — the bottom will be a dark brown color and the middle a medium brown color. The wood at the top of the building will be painted a light I rown color. This design will be carried out around all sides of the building. A "tower" entrance will be constructed at the front of the Family Dollar store. This tower will feature a sign and will highlight the entrance and make it a prominent feature of the building. New windows and red awnings will be added to the front and west side of the building. Awnings will also be added near the tower entrance. b. Floor Plan The proposal will split the building into two tenant spaces. The Family Dollar will occupy the western portion of the building and a yet to be determined tenant will occupy the eastern portion. In the Family Dollar space the entrance will be moved from the western wall to the north (front) wall. The general sales area will be towards the north end of the space with the restrooms, office, break area, and receiving area towards the south. Family Dollar will not be utilizing the basement area below its space. The existing stairway and elevator accessing the basement will be removed. Little information is provided about the use of the second tenant space. The applicant has stated they have no information as to the other building use. Before a tenant mo9es into the second cpare� riamnnctratinn ±hat th e 11gP is . CnmpHance with the zoning and building codes will. be required. West Metro has reviewed the plans and is concerned with the lack of access to the building's water and electrical controls from the Family Dollar space. It is recommended that the building's services be isolated to an area that is accessible to the entire building and not a single tenant. c. Roof Top Roof top equipment will be placed towards the center of the tenant space. The equipment should be painted to match the building. 7. Landscaping and Screening_ A landscaping plan has been submitted which shows new landscaping at the edge of the property along Bass Lake Rd. The plan includes four types of bushes /shrubs including rose, deutzia, honeysuckle, and juniper. All are hardy species capable of surviving the Minnesota climate. The plantings will grow to a height of 3 -4 feet, which will be an ideal height to screen parked cars. All landscaped areas will be irrigated. Plantings and irrigation will be the responsibility of the property owner. Planning Case Report PC 12 -01 Page 3 3/6/12 8. Lighting Plan The landscape plan indicates three new light poles will be installed as part of the project - one in the new parking area on the north side of the property, one in the existing west side parking lot, and another within the fenced area to the rear of the building. The poles are proposed to be a height of 30 feet on top of a 3 foot base. Pole heights are limited to 25 feet in height. The applicant has stated the pole heights will be reduced. A partial photometric plan has been provided for the proposed parking area. A full photometric plan will be needed to determine if lighting is appropriate for the remainder of the site. In the areas the photometric is provided, there are three main areas of deficiency — the eastern portion of the parking lot, the building entrance, and the private sidewalk adjacent to the building. Additional lighting will need to be added to meet compliance. No exterior building lighting is provided. Adding some exterior fixtures to the building would help to meet lighting compliance and add visual interest to the building. 9. Si_gnage The applicant has submitted information on signage as it pertains to the Family Dollar. An area for a wall sign at the second tenant bay has been provided, but no location has been provided on the freestanding sign near the site entrance. if such signage will be considered at a future date, that should be noted in the plans. As proposed, the applicant meets the requirements of the code. A freestanding sign has been proposed at the vehicle access point on Bass Lake Rd. The sign is 79 square feet and approximately 20 feet in height. An existing freestanding sign near the northeast corner of the site will be removed. One wall sign has been proposed for the tower entrance. Buildings in the district are allowed two wall signs not to exceed 15 percent of the wall area or 250 square feet total, ` 1 iu �ever i; less. Tl^.is si is ap 148 square feet or 10.7 percent of the front fagade. An existing wall sign on the western wall will be removed. 10. Utility Plan An existing storm sewer easement currently runs through the middle of the existing parking lot. That easement is to remain. The condition of the 24 -inch storm sewer pipe which conveys storm water from the property south and west of the site to the north should be reviewed to see if the storm sewer is in adequate condition. The recent improvements at the North Education Center site provide significant drainage to this storm sewer, and drainage issues do exist on the adjacent property to the west. Unfortunately, the area in which the storm sewer exists will not be replaced or disturbed. Unless the city is willing to put forth the expense, the applicant or property owner is unlikely to allow disruption. 11. Snow Storage Snow storage is proposed for the western edge of the parking lot in a lot designed for 13 parking stalls. The site has an excess of 14 parking stalls so this fits within the required parking. Because an area of the snow storage is identified for truck maneuvering, this will Planning Case Report PC 12 -01 Page 4 3/6/12 limit the area of snow storage. The applicant will need to properly store snow and maintain truck maneuvering. There is also a line of trees adjacent to the area proposed for snow storage. The applicant will need to ensure these trees are not damaged or destroyed, and if they are, that they are replaced. 12. Location of Services, Loading, Drive - through, Trash, Equipment and Outdoor Storage Areas A 16,000 square foot area of outdoor storage exists to the rear of the building. This area was approved in 1992 by conditional use permit (CUP) as an accessory use to a garden store. The area is fenced by a 7 foot chain link fence. The applicant does not intend to have outdoor storage in the area, but has proposed to keep the fence. With the change of use and occupancy, and absent a demonstration that the outdoor storage is directly related to the principal use of the building, the CUP is contrary to code and would not be considered a legal nonconforming use in that it is not being operated in a manner consistent with the original approval. The concern is to avoid this becoming an independent storage yard separate from the on -site activities. If the storage area is to remain the city will want to know what is be stored in this area and that it is accessory to the on -site businesses. It is recommended the outdoor storage within the fenced area be removed. If outdoor storage is integral to the site, then a new CUP, accessory to the uses in the building, may be pursued by the applicant. The trash receptacles are intended to be stored in the fenced area. No trash enclosure is proposed because the applicant intends to screen the trash receptacles with the existing fence. City code requires that trash must be in the rear yard, fully screened from view by adjacent properties and public right -of -way, enclosures must be constructed with walls of architectural elements similar to the principle structure, and enclosures must be located in an accessible location for pick -up. The applicant will need to provide an enclosure to screen the trash from adjacent properties and one that is of similar building materials. It is recommended that a trash enclosure be constructed to accommodate both tenant bays. As mentioned previously, Family Dollar will receive shipments at an existing loading bay at the southwest corner of the building. No indication of how the second tenant bay will receive shipments is provided. The site plan must demonstrate that the second bay has a loading area and adequate truck maneuvering for deliveries and garbage hauling. The existing fence and gate limits access to the back of the building and should be removed. 13. Grading, Drainage and Erosion Control The city engineer has expressed no concerns. 14. Design Guideline Compliance The proposal generally meets the requirements of the Design Guidelines.. The site is well landscaped, has pedestrian access, the architecture provides a top, middle, and base, and parking is generally screened from the public view. The fagade of the building barely meets the intention of the guidelines as articulation in the building front, windows, and visual interests are minim The addition of the tower entrance and windows with awnings is a Planning Case Report PC 12 -01 Page 5 3/6/12 step in the right direction but more could be done. Overall, the applicant meets the guidelines. 15. Neighborhood Character The site is identified as a redevelopment site in the Comprehensive Plan. This proposal means redevelopment is unlikely to happen in the near future. The proposal, while not ideal, will be an improvement over the existing conditions. Because the building is existing the improvements will have a rn�inimal hmpact on fl-ee neighborhood. Additional traffic is likely, but the site is designed as a commercial retail location and should be able to handle the change. 16. Environment Storm water ponding has been discussed in the past for this property, however, has never been required. The proposed impervious area is not increasing and the disturbed area is less than 10,000 square feet. The Shingle Creek Watershed District does not require their review. B. Zoning Code Criteria 1. Site Plan Review. Criteria. In making recommendations and decisions upon site and building plan review applications, the staff, planning commission and city council shall consider the compliance of such plans with the following standards: (1) Consistency with the various elements and objectives of the city's long range plans, including, but not limited to, the Comprehensive Plan. Findings. The Comprehensive Plan outlines the site for redevelopment and encourages commercial investment. While the project is not a redevelopment per se, a significant investment will take place and the project will improve the overall site and building. (2) Consistency with the purposes of the Code. Findings. Generally speaking, the proposal meets the purposes of the Code. In instances in which the proposal does not meet the requirements, conditions of approval have been placed on the applicant. (3) Preservation of the site in its natural state, insofar as practicable, by minimiz tree and soil removal, and designing any grade changes so as to be in keeping with the general appearance of neighboring developed or developing areas. Findings. The site is already developed and no longer in a natural state. The applicant has agreed to provide additional landscaping at the edge of the northern property line. (4) Creation of a harmonious relationship of building and open spaces with the terrain and with existing and future building having a visual relationship to the proposed development. Findings. The building is existing. As mentioned, landscaping and screening of the site will be improved. The fagade aesthetics will be an improvement on existing design. (5) Creation of a functional and harmonious design for structures and site features including: Planning Case Report PC 12 -01 Page 6 3/6/12 a. Creation of an internal sense of order for the various functions and buildings on the site and provision of a desirable environment for occupants, visitors, and general community. Findings. Pedestrian access has been improved to the site through various sidewalk connections. Ample parking has been provided on site. b. Appropriateness of the amount and arrangement of open space and landscaping to the design and function of the development. Findings. Landscaping will be provided in existing open space. c. Appropriateness of the materials, textures, colors, and details of construction as an expression of the design concept of the project and the compatibility of the same with the adjacent and neighboring structures and functions. Findings. The existing building materials will remain. They will be repainted to give the building a fresh look and to provide a sense of base, middle, and top. The materials used are acceptable. d. Adequacy of vehicular, cycling and pedestrian circulation, including walkways, interior drives and parking, in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, cycling and vehicular traffic and arrangement and amount of parking so as to be safe, convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties. Findings. Adequate pedestrian and vehicular access has been provided. Bicycle parking has not been provided but is recommended. (6) Creation of an energy - conserving design through design, location, orentation and elevation of structures, the use and location of glass in structures, and the use of landscape materials and site grading. Findings. The building is existing and provisions have been made to best utilize the existing facility. Landscaping has been added to provide an aesthetic and environmental feature. (7) Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by other regulations, which may have substantial effects on neighboring land uses. Findings. The existing building and proposal shall not alter or affect the ways in which water, sound, light, and air are enjoyed by neighboring properties. C. Design and Review Committee The Design and Review Committee was scheduled to meet on February 16, 2012. Unfortunately, an error in notification of the committee meant no one from the committee was in attendance. Planning Case Report PC 12 -01 Page 7 3/6/12 Staff and the planning consultant met with the applicant and discussed the concerns of the Development Review Team. D. ARnr oval 1. Type of Approval Site plan review 2. Ti neline a. Date Application Received: February 10, 2012 b. Date Application Deemed Incomplete: February 16, 2012 c. Date Application Deemed Complete: February 24, 2012 d. End of 60 -Day Decision Period: April 24, 2012 e. End of 120 -Day Decision Period: June 26, 2012 VI. Petitioner's Comments Petitioner's comments are included in the attachments. VII. Notification Property owners within 350 feet of the property were notified and staff has received no comments. VIII. Summary The applicant is proposing a change to the building fagade facing the public right -of -way and change the building from single to multi- occupancy which requires site plan review. The existing greenhouse will be removed and replaced with additional parking and pedestrian connections. The exterior of the building will be repainted and new windows, awnings, and a tower entrance added. The building will be split into two tenant bays. The plans lack detail on the specifics of the second, yet unknown, tenant space. IX. Recommendation Staff believes the applicant has met the requirements of the site plan review, and where the applicant has not met the requirements conditions of approval have been placed. Staff recommends approval of the site plan review with the following conditions: 1. Applicant to enter into site improvement agreement with city (to be prepared by the city attorney). 2. Applicant to provide financial guarantee /performance bond for site improvements (amount to be determined by city engineer and building official). 3. Outdoor storage within the fenced area of the site shall be removed. If this is integral to the site, then a new conditional use permit may be pursued. 4. All parking must be properly dimensioned and striped on site (8 feet 9 inches by 19 feet). All parking lot improvements, paving, striping, and curbing shall be completed prior to building occupancy. 5. Snow storage shall not interfere with delivery vehicles maneuvering and shall not damage the existing trees. Planning Case Report PC 12 -01 Page 8 3/6/12 6. The applicant shall demonstrate how the delivery vehicles shall access the second tenant bay. Staff recommends the removal of the fence and gate across the parking area to provide improved access to the back of the building. 7. Exterior trash enclosures shall be constructed to match the building and serve both tenant bays. 8. The applicant shall provide an exterior lighting plan for the entire site that complies with city requirements with regard to pole heights, required light levels, and light locations. 9. The approved landscape plan is installed prior to building occupancy. All plants shall be kept alive or replaced according to the approved plan. 10. Roof top equipment shall be painted to match the building. 11. The pedestrian sidewalk provided between the public sidewalk and parking lot should have an accessible ramp. 12. Building services shall be accessible to all tenant spaces, not isolated. 13. Provide bicycle parking near the building entrance. 14. Submit comprehensive sign plan. Attachments: • Application • Applicant narrative • Plans • Location maps • Planning consultant memorandum (February 15 and February 29, 2012) • Engineering consultant memorandum (February 16, 2012) • Design and Review Committee notes (February 16, 2012) • Applicant response to Design and Review (February 23, 2012) • Application log Planning Case Report PC 12 -01 Page 9 3/6/12 RECEIVED FEB 0 9 2092 AMVec nWm aawMWAw City of New Hope, 401 X*n Avenue North, New Hope, W 55+{26 C" Na J, efts DOW CWFlba r� a ��re. 3"aS 3_ Rmol N& N MOfApptasnk 6K I ON rP- -� ( Moms Phone: V&k PhM a m/ FM Iff T94 Appkwft ON e of lepgar h 2 7s I t� Typo d ft*ga (pert my io wr o "am d civ Pbm *Aft Desal m of f *n k (We add jm* Ma NrAc wy) vwwsr,ou 6e&r . ?(LW %rye 1 N._ p r k ANO prqvo S APPMant adanoa imbm tilt bdm tide requW an be contdom O dW preyed. d poet lr bft the bolo mnIN the and 8Wzo" depoob (n GLOW in the applaron ndmMb) mud be pdd b Noe dty end thd. 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Selected Parcel Data Parcel ID: 06-118-21-41-0006 Owner Name: GARDEN AD AGENCY INC Parcel Address: 8001 BASS LAKE RD NEW HOPE MN 55428 Property Type: COMMERCIAL-PREF Homestead: NON-HOMESTEAD Area (sqft): 100816 Area (acres): 2.31 A-T-B: TORRENS Market Total: $1,000,000.00 Tax Total: $37,829.94 Date Printed: 2/14/2012 3:03:40 PM Current Parcel Date: 02/03/2012 Sale Price: $400,000.00 Sale Date: 08/1992 Sale Code: WARRANTY DEED I .. I/ !_ - 2/14/2012 *�d::YC=' sl q , -M^z4 1 a _ C ■ii■ NIMBI f or O'Slim mm � I!� Cri1J �H1 n�.�� ,k �,' -ZV� r .,�rr��tM i J • 5_� rl �r ' _� ���i�.�lr 1 .� dtl lilt t- -r NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 7e3.231.2555 Facsimile: 763.231.2581 planners @nacplanning.corn MEMORANDUM TO: Curtis Jacobsen FROM: Alan Brixius DATE: February 15, 2012 RE: New Hope — Family Dollar Store FILE NO: 131.01 —12.01 BACKGROUND The following is the preliminary site and building plan review of the Family Dollar Store to be located at 8001 Bass Lake Road. This site is currently developed and contains the Market Furniture building. The applicant is proposing to demolish the existing greenhouse portion of the building and redevelop the site for their retail use. ZONING The site is zoned CB, Community Business District. The proposed retail use is permitted in the CB District. LOT AREA AND SETBACKS CB District Proposed Compliance Standards Lot Area None 2.44 acres Yes Lot Width None 3.98 feet Yes Setbacks: Front (North) 10 feet 80 feet Yes Side (East) 10 feet 10 feet Yes Side (West) 10 feet 105 feet Yes Rear South 30 feet 30 feet Yes DEMOLITION Currently, the site contains a 21,700 square foot building with a fenced outdoor sales area north of the existing building. The applicant is proposing to demolish the 3,325 square foot greenhouse and remove the outdoor sales area. n � A s quare mi '1.. I he remaining building will have a total area of " 18,400" square feet. I Fa D o ll ar Store will occupy approximately 9,880 square feet of the building. How is the remainder of the building used and accessed? PARKING Based on a retail building of 18,900 square feet in size, the following number of parking stalls is required: 18,400 square feet X.9 = 16,560 square feet . 200 = 83 spaces The site plan shows 100 parking stalls, however, the parking stalls do not appear to meet City minimum dimensions of 8 feet, 9 inches wide by 19 feet in length. An 18 foot length may be allowed with an approved snow removal plan. Absent this approved plan, all stalls must be striped to a 19 foot stall length. The extension of the stall length throughout most of the parking lot should not be an issue. The parking lot dimensions in the extreme northeast corner of the lot present an issue due to the dimension that exists between the wrought iron fence and the building. The following options may be considered for this parking area: Eliminate a row of parking (five stalls) and properly dimension the remaining stalls. 2. Since the site has 17 stalls in excess of what is required, the City may require a snow removal plan for this area of the site and allow them to remain. 3. Sign the substandard parking stalls for compact cars. SITE ACCESS The site takes access from an existing curb cut from Bass Lake Road. The curb cut width is 32 feet, which is acceptable for a commercial property. This access point is on the west end of a Bass Lake Road median. The location of the curb cut allows for treacherous full access to the site. Are there any plans for Bass Lake Road that may extend the median and restrict access to right -in and right -out only? PA LOADING The site plan should illustrate where the building will receive deliveries and demonstrates truck maneuvering within the site. The site plan appears to retain a fenced in area of the site on the south end of the building. The applicant should provide information on how this area will be utilized. TRASH RECEPTACLES AND ENCLOSURE Section 4.3.b(6)1 requires all commercial uses to provide trash enclosures for all waste recycling containers if stored outside the building. The applicant must provide details on location and design of a trash enclosure. LIGHTING PLAN The lighting plan illustrates the location of light pole locations. The applicant provides no other exterior lighting details. The applicant's plans should include the following details: 1. Location of all exterior parking lot and building lighting. 2. Details on proposed light fixtures. 3. Photometric plan illustrating compliance with the minimum and maximum parking lot required light levels. 4. Pole height is limited to 25 feet above the ground and 30 feet is being proposed. LANDSCAPING The applicant provides a landscape plan along the new parking lot area. The other parking lot edges have not been addressed. The New Hope Zoning Ordinance requires landscaping on all sides of parking lots containing six or more stalls. We would recommend additional landscaping along Bass Lake Road and the west property line. The landscape plan does not address irrigation of the proposed planted areas. NEW HOPE DESIGN GUIDELINES The proposed front building elevation shows the exterior finish to be a scored CMU with horizontal wood siding near the top of the building. While an improvement over existing conditions, the following issues are raised when compared to the City's design guidelines: 3 The building facade does not have a well defined base, middle and top. The building does change materials and texture, however, it maintains a limited color theme. 2. The door opening on the north building fagade meets guidelines. The applicant should provide a west elevation to show any window treatments, doorways, and exterior wall treatments proposed toward the larger parking lot. T he window canopies are a nice treatment. They should be duplicated over the adjacent elevations and along the west elevation. 3. How is the unused portion of the building intended to be accessed? 4. The applicant needs to identify the location and screening of mechanical equipment, if any. Is the mechanical equipment mounted on the roof? 5. It appears that the applicant will provide a painted pedestrian walkway connecting the public sidewalk on Bass Lake Road to the front of the building. 6. Parking lot screening (see landscape comments). SIGNAGE Within the CB District, the following signage is permitted: Freestanding Sign: One freestanding sign not to exceed 100 square feet in area and 30 feet in height is allowed per lot. The applicant is proposing a single freestanding sign that is 79 square feet in area. This is a change can sign face of the existing freestanding sign. Wall Sign: Single occupancy buildings in a CB District may have up to two signs not to exceed 15 percent of the wall area or 250 square feet, whichever is less. The applicant is creating a canopy entrance that is accented with the tower sign. The total sign area of this sign is approximately 148 square feet on a tenant wall face of 1,380 square feet. The sign represents only 10.7 percent of the front fagade. The Family Dollar Store only occupies a portion of the total building. The applicant should demonstrate how the balance of the building will be used and accessed. If a second tenant is anticipated, they should identify how additional signs will be incorporated into the property. 4 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 7e3.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com MEMORANDUM TO: Curtis Jacobsen FROM: Alan Brixius DATE: February 29, 2012 RE: New Hope — Family Dollar Store FILE NO: 131.01-12.01 BACKGROUND Family Dollar Store is interested in leasing and redeveloping a portion of the commercial building at 8001 Bass Lake Road. This site Is currently developed and the building had previously been occupied by Market Furniture. With this application, the greenhouse portion of the building will be demolished and the building will be converted from a single occupancy to multiple occupancy. Family Dollar Store will occupy approximately 9,550 square feet of the 18,400 square foot building, after the demolishing of the greenhouse. ISSUES ANALYSIS Zoning. The site is zoned CB, Community Business District. The proposed retail use is permitted in the CB District. Family Dollar Store is a permitted land use within the CB District. Staff has inquired as to the intended use of the remainder of the building, including the second tenant bay and basement. The applicant stated they have no information as to other building uses. Family Dollar Store shall not be using the basement. No occupancy permit shall be approved for the second tenant bay unless it is demonstrated that its future use is in compliance with the CB District land uses and all other City zoning and building codes. The rear of the property is fenced and gated. City staff has asked the intended use of this fenced area. No information has been provided. The CB District allows outdoor storage as an accessory use by conditional use permit. With the change in the principal use of the property, we recommend that the property owner demonstrate the intended use of the fenced area and how it is related to the principal use of the property. Without this information, we would recommend that the outdoor storage use be removed from the site. Lot Area and Setbacks. The table below demonstrates that the site and building meet the CB District lot area and setback standards. Parking. After the demolition of the greenhouse, the building will have approximately 18,400 square feet of floor area on the ground level. The following parking calculation assumes that both tenant bays will have a retail use: 18,400 square feet X.9 = 16,560 square feet _ 200 = 83 spaces The site plan reveals that 96 parking stalls will be provided. The applicant's narrative indicates that all stalls will have a 19 foot stall dimension. The site plan corrected the stall dimension for stalls on the northeast side of the building, however, the balance of the parking stalls are still dimensioned at 18 feet or less for the west parking lot. All stalls shall be dimensioned and striped on site with a 19 foot length dimension. The site plan shows that the parking lot shall have bituminous surfacing, striped stalls, and continuous concrete curbing around the entire parking lot. The site plan notes that the concrete curbing and landscaping shall be the responsibility of the landlord. The City approval encompasses the entire site. While responsibility for required improvements may be split between the tenant and landlord, all work must be completed prior to City issuance of an occupancy permit for any part of the building. Snow Storage. The applicant has illustrated that 12 parking stalls along the west property line will be used for snow storage. The 12 parking stalls are in excess of the 83 stalls required by City ordinance. Under these circumstances, they may be used for snow storage. We would note that the truck maneuvering for on -site loading passes through five of the snow storage stalls and will affect snow storage. Additionally, the site plan shows four trees along the snow storage area. Snow storage shall not damage these trees. If these trees are damaged or lost, the City shall require their replacement. 2 CB District Proposed Compliance Standards Lot Area None 2.44 acres Yes Lot Width None 398 feet Yes Setbacks: Front (North) 10 feet 80 feet Yes Side (Fast) 10 feet 10 feet Yes Side (West) 10 feet 105 feet Yes Rear South 30 feet 30 feet Yes Parking. After the demolition of the greenhouse, the building will have approximately 18,400 square feet of floor area on the ground level. The following parking calculation assumes that both tenant bays will have a retail use: 18,400 square feet X.9 = 16,560 square feet _ 200 = 83 spaces The site plan reveals that 96 parking stalls will be provided. The applicant's narrative indicates that all stalls will have a 19 foot stall dimension. The site plan corrected the stall dimension for stalls on the northeast side of the building, however, the balance of the parking stalls are still dimensioned at 18 feet or less for the west parking lot. All stalls shall be dimensioned and striped on site with a 19 foot length dimension. The site plan shows that the parking lot shall have bituminous surfacing, striped stalls, and continuous concrete curbing around the entire parking lot. The site plan notes that the concrete curbing and landscaping shall be the responsibility of the landlord. The City approval encompasses the entire site. While responsibility for required improvements may be split between the tenant and landlord, all work must be completed prior to City issuance of an occupancy permit for any part of the building. Snow Storage. The applicant has illustrated that 12 parking stalls along the west property line will be used for snow storage. The 12 parking stalls are in excess of the 83 stalls required by City ordinance. Under these circumstances, they may be used for snow storage. We would note that the truck maneuvering for on -site loading passes through five of the snow storage stalls and will affect snow storage. Additionally, the site plan shows four trees along the snow storage area. Snow storage shall not damage these trees. If these trees are damaged or lost, the City shall require their replacement. 2 Loading. The applicant has indicated that the Family Dollar Store will receive goods from an existing loading area along the west building wall. The applicant has illustrated how a semi -truck and trailer will enter and maneuver within the site to provide deliveries. Review of this layout reveals that the truck maneuvering moves through five parking stalls along the west property line. This is acceptable in light of the site having 13 stalls in excess of the City requirements. A concern of staff is the use and operation of the second tenant bay. The on -site loading area only addresses the Family Dollar Store. The site plan must demonstrate that the second tenant bay has a loading area and adequate truck maneuvering for deliveries and garbage hauling. The existing fence and gate limits access to the back of the building. Trash Receptacles and Enclosures. The site plan illustrates that the Family Dollar Store intends to locate the trash receptacles within the fence rear yard of the site. No enclosure is proposed, rather the applicant intends to screen the receptacles with existing fence and gate. Section 4- 3(b)6.i requires all trash enclosures for commercial uses to meet the following applicable standards: • Trash enclosures in the rear yard shall meet all applicable setbacks for an accessory building. ® Trash enclosures for waste containers must fully screen the containers from view of adjacent properties and public rights -of -way. • Trash enclosures must be constructed with walls of architectural elements (type, quality, appearance) similar to the principal structure. Trash enclosures shall be located in an accessible location for pick up. In the proposed site plan, the trash containers will be visible to the properties to the east and south. In review of the site plan, staff recommends that a trash enclosure be constructed to accommodate both tenant bays and be constructed in a manner that meets the City standards. The location of the trash containers must consider access to the rear of the second tenant bay for deliveries and convenient trash pick up. Lighting. The outdoor lighting plans are inconsistent between plan sheets. The site and landscape plan sheet C -10 illustrates existing parking lot lights on the west parking lot and at the rear of the building. This plan proposes a new light at the north edge of the new parking lot. No building lighting is illustrated. The site plan notes reference to a pole height of 30 feet on top of a three foot base. Plan sheet SP -1 that provides the light fixture details and the photometric plan, has the new light fixtures near the northwest corner of the building. The photometric plan only addresses the north side of the building. In review of the available lighting information, staff offers the following comments: 3 All plans shall be consistent in design and the design elements shall meet City Code. 2. The parking lot pole heights shall not exceed 25 feet measured from the ground grade to top of the light fixture. This shall apply to all freestanding lights. 3. The parking lot light fixtures are in shoe box design and offer 90 degree cut off directional lighting. The luminaire is recessed into the fixture. This meets code. 4. The photometric plan must be extended throughout the site and demonstrate compliance with the following minimum and maximum light standards: No information has been provided for the west parking lot regarding light levels. In the north parking lot, lighting is deficient at the entrance and along the building sidewalk into the eastern portion of the site. The parking light levels are low in the eastern portion of the new parking lot. The north sidewalk and parking lot levels may be addressed with some exterior building lights. Landscaping. The applicant's landscape plan addressed City staff concerns by extending landscape plantings 011 the full length of the Bass Lake Road frontage. The applicant is using four different species that are hardy for this zone. The plants meet the City's minimum size requirements and will mature to three to four feet in height. The plan calls for both the landscaping and irrigation to be installed by the landlord. The City will require that the landscaping and irrigation be completed prior to building occupancy. All plants required a part of an approved landscape plan shall be maintained and kept alive. Dead plants shall be replaced in accordance with the approved landscaping plan. New Hope Design Guidelines. The applicant has provided building elevations and color renderings of the building exterior. The building elevations reveal that after the demolition of the greenhouse, the new Family Dollar Store facade will consist of scored CMV with horizontal wood siding near the top of the building. To establish a defined building base, middle and top, the applicant is proposing a varied color scheme. The remaining portions of the building will not be altered other than to be painted to match the Family Dollar Store. 4 Minimum Footcandles Maximum Footcandles Building Entrance 5.0 Sidewalks .5 Parkin Lot medium activity) .6 Adjoining Residential Property 4 Public Right-of-Way 1.0 No information has been provided for the west parking lot regarding light levels. In the north parking lot, lighting is deficient at the entrance and along the building sidewalk into the eastern portion of the site. The parking light levels are low in the eastern portion of the new parking lot. The north sidewalk and parking lot levels may be addressed with some exterior building lights. Landscaping. The applicant's landscape plan addressed City staff concerns by extending landscape plantings 011 the full length of the Bass Lake Road frontage. The applicant is using four different species that are hardy for this zone. The plants meet the City's minimum size requirements and will mature to three to four feet in height. The plan calls for both the landscaping and irrigation to be installed by the landlord. The City will require that the landscaping and irrigation be completed prior to building occupancy. All plants required a part of an approved landscape plan shall be maintained and kept alive. Dead plants shall be replaced in accordance with the approved landscaping plan. New Hope Design Guidelines. The applicant has provided building elevations and color renderings of the building exterior. The building elevations reveal that after the demolition of the greenhouse, the new Family Dollar Store facade will consist of scored CMV with horizontal wood siding near the top of the building. To establish a defined building base, middle and top, the applicant is proposing a varied color scheme. The remaining portions of the building will not be altered other than to be painted to match the Family Dollar Store. 4 The Family Dollar Store will have an entrance that varies the building height and creates some visual interest in the building. Awnings and windows are used to break up the building width and create some relief from the flat walls. The roof top equipment has been located near the center of the building to reduce visibility from the street. This equipment shall be painted an earth tone color to match the top of the building. Signage. Within the CB District, the following signage is permitted: Freestanding Sign: One freestanding sign not to exceed 100 square feet in area and 30 feet in height is allowed per lot. The applicant is proposing a single freestanding sign that is 79 square feet in area. This is a change on sign face of the existing freestanding sign. Other freestanding signs will be removed. Wall Sign: In a CB District, buildings may have up to two signs not to exceed 15 percent of the wall area or 250 square feet, whichever is less. The applicant is creating a canopy entrance that is accented with the tower sign. The total sign area of this sign is approximately 148 square feet on a tenant wall face of 1,380 square feet. The sign represents only 10.7 percent of the front facade. The Family Dollar Store only occupies a portion of the total building. The applicant should demonstrate how the balance of the building will be used and accessed. The building elevation shows a potential wall sign location for the second tenant. This location will have limited visibility from Bass Lake Road. No provision has been made for the second tenant on the freestanding sign. RECOMMENDATION The proposed application changes a single occupancy building into a multiple tenant building. Little detail or consideration has been given to the second tenant bay with regard to use, building access, signage or deliveries. In approving the Family Dollar Store application, the City must recognize how this site will need to function with two tenants. In this regard, we would recommend that the approval be subject to the following conditions: Outdoor storage within the fenced area of the site shall be removed. If this is integral to the site, then a new conditional use permit may be pursued. 2. All parking must be properly dimensioned and striped on site (8 feet 9 inches by 19 feet). All parking lot improvements, paving, striping, and curbing shall be completed prior to building occupancy. 3. Snow storage shall not interfere with delivery vehicles maneuvering and shall not damage the existing trees. 5 4. The applicant shall demonstrate how the delivery vehicles shall access the second tenant bay. Staff recommends the removal of the fence and gate across the parking area to provide improved access to the back of the building. 5. Exterior trash enclosures shall be constructed to match the building and serve both tenant bays. 6. The applicant provide an exterior lighting plan for the entire site that complies with City requirements with regard to pole heights, required light levels, and light locations. 7. The approved landscape plan is installed prior to building occupancy. All plants shall be kept alive or replaced according to the approved plan. 0 , 1 Stantec February 16, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Mr. Curtis Jacobsen City of New Hope 4401 Xylon Ave N New Hope, MN 55428 -4843 RE: Family Dollar — Initial Plan Review Dear Mr. Jacobsen: We have reviewed the initial redevelopment plans for the Family Dollar as submitted by Fabo Enterprises, Inc. on February 10, 2012. Following are our comments and /or recommendations. Sheet C -1.0 - Site and Landscaping Plan 1. The new asphalt pavement parking area does not identify any barrier curb other than at the building entrance. Concrete curb and gutter needs to be installed at the edge of all new pavement. 2. It is recommended to install pedestrian ramps in the sidewalk at the driveway entrance in efforts to maintain adequate access to the site. Sheet C -2.0 - Grading & Drainage Plan 1. The existing 15" reinforced concrete pipe (RCP) serving the property to the west does not align with the easement as shown. Both the location of the easement and storm sewer needs to be verified, and if adjustments are warranted now would be an appropriate time to consider these adjustments. 2. The condition of the existing 24" RCP storm sewer pipe which conveys storm water from the property south and west of the site to the north to the ponding area in St. Theresa, should be reviewed to see if the storm sewer is in adequate condition. The recent improvements on the school property provide significant drainage to this storm sewer, and drainage issues do exist on the adjacent property to the west. If improvements are required they could be coordinated with the parking lot improvements. 3. Storm water ponding has been discussed in the past for this property, however, has never been required. The proposed impervious area is not increasing and the disturbed area is less than approximately 10,000 SF. This property is located in the Shingle Creek Watershed and does not require their review. General Comments 1. The property line shown on the north side of the property is approximate and needs to be verified. As currently shown, the Hennepin County right of way is not identified. There are also no easements shown for the concrete sidewalk, sanitary sewer, or water main. Consideration of adding these easements along with the possible redefining of the storm sewer easement may be necessary. 2. One access to the site is provided from Bass Lake Road (CR 10). The existing access and right of way requirements shall be reviewed with the City and Hennepin County. 3. The sanitary sewer service and water service connections are located on the north side of the property and should be reviewed prior to improvements. Page 2 of 2 Reference: Family Dollar - Initial Plan Review If you have any questions or require additional information, please feel free to contact me at (651) 604 -4808. Sincerely, STANTEC Christopher W. Long, P.E. cc: Eric Weiss, Roger Axel, Pam Sylvester - City of New Hope Alan Brixius - NAC Planning Mark Hanson, File - Stantec DESIGN & REVIEW COMMITTEE February 16, 2012 Committee: Anderson, Houle, Nirgude, Onadipe, Svendsen The Development Review Team met on February 16 to consider a request for a site plan review for Family Dollar at 8001 Bass Lake Road. Staff: Axel, Coone, Weiss Consultants: Brixius, Long PLANNING CASE: 12 -01 PROJECT: Site Plan Review ADDRESS: 8001 Bass Lake Road ZONING: CB, Community Business PROPERTY OWNER: Garden Ad Agency APPLICANT: Brian Fabo / Fabo Enterprises / Family Dollar DESCRIPTION: The applicant desires to remodel the exterior of this building and change it to a multi tenant building. The applicant is proposing to demolish the existing greenhouse portion of the building. A portion of the building would be utilized for a second tenant. The Development Review Team was supportive of the request, however, had many concerns in many areas and recommended requesting additional information. They leaned toward deeming the application incomplete due to the number of items that must be submitted. REQUIRED INFORMATION: • Provide narrative and plans with description of how the re mainin g portion of the building (second tenant bay and basement) will be used, along with access and parking • Parking stalls should be striped to 19 -foot length (minimum 83 stalls) • Parking at northeast corner in front of second tenant bay — eliminate 6 stalls directly in front of building and add sidewalk, properly stripe stalls along Bass Lake Road i Curbing around all parking areas • Provide snow removal plan for northeast parking area • Discuss 8 stalls on west side of building — possibly install a sidewalk along west wall • Illustrate location of truck deliveries and truck maneuvering on site • Provide details on location of trash enclosure — if outside, it must be enclosed • Lighting plan should indicate location of all exterior parking lot lights and building lights - provide details on light fixtures and photometric plan • Code limits light pole height to 25 feet and plan shows pole height at 30 feet • Provide additional landscaping along Bass Lake Road (west of driveway) bet Teen existing trees and along west property line to screen parking lot • Provide details on irrigation plan • Provide additional detail on elevation plans — all sides of building • Possibly provide some contrasting color details on building • Identify location /screening of mechanical equipment on second tenant bay • Demonstrate sight lines for roof equipment /parapet • Consider utilizing a contrasting material for the painted sidewalk from the front of the building to the street • Site plan indicates portion of curbing/fencing outside property line at northeast corner and along east side of property • Existing chain -link fence at southwest corner of property by outside storage area - indicate if fence will stay and, if so, provide details on fence material and what will be stored in that area • Signage - provide comprehensive sign plan for multi tenant building • Provide detail on wall signage for second tenant : C `/g a signs - plans show 3 sites along Bass Lake Road C l a rify number of ���or�ui��er ►� r�.;:� - �. • Private storm sewer on west side of property does not align with easement - city to possibly provide new easement description • Provide concrete pedestrian ramp on access points along Bass Lake Road • Clarify width of sidewalk in front of building (in front of Family Dollar) • Clarify front entrance /tower location to front of building • Current sprinkler riser room on north wall of existing building is not shown - label door as "sprinkler riser access" • Provide system notes for current fire alarm system - may need to upgrade current system • Building fully sprinklered - may need to alter to accommodate wall addition/removal • Show second stair from basement on plans COMMENTS: • Customer access provided on northwest front of building • 32 -foot driveway access from Bass Lake Road is acceptable size for commercial property • Potential for future Bass Lake Road improvement and right - in/right -out to site • Freestanding sign - change out sign face only • Wall sign for Family Dollar to be 148 square feet • Public Works to check condition of 24" city storm sewer pipe running through property • No additional storm water ponding required • Removal of stair and lift area to become break room area ATTACHMENTS: • Application • Northwest Consultants (planning) notes • West Metro Fire notes • Stantec Consultants (engineer) notes • Maps NOTE: REVISED PLAN DEADLINE is Friday, February 24, by 3 p.m. Planning Commission, Tuesday, March 6, 7 p.m. City Council, Monday, March 26, 7 p.m. February 23, 2012 Mr. Christopher W. Long, P.E. Stantec Consulting Services, Inc. 2 335 Highway 36 West St. Paul, MN 55 1 �f� RE: Family Dollar - initial Plan Review Dear Mr. Jacobsen: 111 11% AMP C LU Pursuant to your review letter dated o2/o6/12, we offer the following comments. Refer to C -t t Curbing has been added as requested. 2. As this is only a recommendation, this item will not be included. Refer to C -2: i. Easement will be aligned to match city documents. 2. No improvements were required by district. Storm to remain as is. 3. No response required. General: 1. No work along street. No changes required. 2. No changes to access. 3. Sanitary will be cleaned out to 250'. No other work required. All above work shall be permitted, bid and constructed by landlord. Please advise if you have any questions or comments. Architecture • Interior Design • Planning Real Estate Development Consulting Fabo Enterprises, Inc. Corporate Office 419 University Road Production Office The Ferrum 77 Office Building a Cleveland, OH 44113 3100 E.45th Street, Suite 506 T. 216.241 6150 F. 216.395.0053 Cleveland, OH 44127 T 216.341.5940 February 23, 2012 Mr. Christopher W. Long, P.E. Stantec Consulting Services, Inc. 2 335 Highway 36 West St. Paul, MN 55 1 �f� RE: Family Dollar - initial Plan Review Dear Mr. Jacobsen: 111 11% AMP C LU Pursuant to your review letter dated o2/o6/12, we offer the following comments. Refer to C -t t Curbing has been added as requested. 2. As this is only a recommendation, this item will not be included. Refer to C -2: i. Easement will be aligned to match city documents. 2. No improvements were required by district. Storm to remain as is. 3. No response required. General: 1. No work along street. No changes required. 2. No changes to access. 3. Sanitary will be cleaned out to 250'. No other work required. All above work shall be permitted, bid and constructed by landlord. Please advise if you have any questions or comments. Architecture • Interior Design • Planning Real Estate Development Consulting Fabo Enterprises, Inc. February 23 , 2012 O F Fa� Design & Review Committee City of New Hope New Hope, MN 554 Corporate Office 419 Unwersity Road Production Office The Ferrum 77 Office Building Cleveland, OH 44113 3100 E.45th Street, Suite 506 T 216.2416150 Cleveland, OH 44127 F. 216.395.0053 T. 216.341.5940 February 23 , 2012 O F Fa� Design & Review Committee City of New Hope New Hope, MN 554 Architecture -, Interior Design o Planning Real Estate Development Consulting RE: Family Dollar - Design Review Comment Letter Date: 2116/2012 U C Adjacent tenant is future and unknown. Exiting walls and stairs are added to = plans. Family Dollar will not be using basement. • New stalls will be shown at 19'. Six (6) stalls eliminated as requested and sidewalk extended. Additional sidewalk shall be permitted, bid and constructed by landlord. Curbing around new parking will be added where none exists. This work '' shall be permitted, bid and constructed by landlord. • Snow removal plan added. 4 + Eight (8) stalls discussed. No sidewalk to be added. Truck path added to civil drawings. i No trash enclosure required. Dumpsters will be behind existing fenced area behind building. • lighting specifications and photo metrics added. Site lighting shall be permitted, bid and constructed by landlord. o Pole height will be a maximum of 25'. Mo Additional landscape added along Bass Lake parking spaces. This work shall M be permitted, bid and constructed by landlord. Irrigation spec added. Contractor will submit plans prior to installation for city review. This work shall be permitted, bid and constructed by landlord. • All sides of building have been shown. e Contrasting color added to rendering. e Screening or painting added as required. 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NSTALL T1 mP ammo MO/W MUF]IMD a NE ,.. L NSTALL NET PROTMC (N NETS CMMRWn). L PLACE TASE DD T. MAS AmIW.T PAVEMENT. L 1aa0. aTED, AN] !SLEW ISSTMSm MEM DUINOE W PANETIEMT N ACCOmM4 MM THE UNDSDANND P . L MIEN MlE MO.ETATON IS WMUM ro T01L IM nL?Y1Mr oMTan WIIIPOL YGSYR6 WALL EE RNQOTD Br TM COIMRACTNI. 1 s 7 ( R ( s a I h.:r P.Yb IN.e M Mo A:.n A NNet•d by m• .r unM mY dF•.t Pm f�iiwtl � Yml I eT . dd Umwa uMr DI. � an pin.r of Se.b .I YhnsNla P,b,l N.a. EaLYteaW3 I� �� WNNM: scYE ,• _ Er MIDJOCT YMADER: W ENCINElMND a1C AML" ND RFSPWS AYRE PAUL Y. NILPS MI: (emJ aN -FEaR m WYAcm umE W LD3TS REWLTNS R P M MW�i NT �co TNE EE Opl R O •` P au Q ® i i / A yh i \ � SAO NINNII■ /. i %, Ab NINN116 T \ 4 � !E 8 d 1 - q ! A I11 a �! =8 %, Ab NINN116 T \ 4 - �� I11 a �! =8 � �- _ / a I III ism gee s� cos � b - tlr I ` tl i i , 'bc�9e: � 's;s Ya ' q = 5(y'[C PEE 9�y a_ Sd� °.S °58:en'i8s�i�i$8°wn�ty gQS EE 55 q $$g � x °gg =bb e �� p °@ \ c � � ,� \\ �" 11 � 1 a: as¢ txs�aaoe�go :agaagesaasseaae3aano3Y 3� �- -- g�g�€ �o�00000000000 ° s ° ° sooe00000eoo °00000 of ii %, Ab NINN116 T \ 4 PLANNING CASE REPORT City of New Hope Meeting Date: Tuesday, March 6, 2012 Report Date: Wednesday, February 28, 2012 Planning Case: 11 -09 Petitioner. Dawn Niess Address: 8424 46th Avenue North Project Name: NA Project Description: Driveway expansion Planning Request: Variance I. Type of Planning Request II. Zoning Code References Section(s) 4 -3(e) Off - street parking requirements 4-33 Administration - Variances III. Property Specifications Zoning: R -1 Single Family Residential Location: Single family home on 46th Avenue N, mid -block between Aquila and Xylon avenues. Adjacent Land Uses: Single family homes to south, east, and west. New Hope Learning Center to the north. Site Area: 10,479 square feet or 0.24 acres. Parcel dimensions: 75 X 139.94 feet. Building Area: NA Lot Area Ratios: Building area: Unknown Paved area: Unknown Green area: Unknown Planning District: Planning District 8. Scattered site single family rehabilitation and redevelopment needed for select sites. 8424 46th Avenue not included. IV. Background The applicant installed an area of pavers and extended it across the property line from the curb to the back of the garage for parking vehicles beside the garage. No driveway permit was obtained prior to doing the work. The applicant at times has stated the project was intended for parking while at other Planning Case Report 11 -09 Page 1 3/6/12 times has stated the project was intended as landscaping. It has been staffs' observation that the paver area is being utilized as parking. This has been documented in photographs. At the December 15, 2011, Design and Review Committee meeting the applicant was requested to submit a registered survey indicating the exact garage, driveway, and paved areas, setbacks, and property lines, or have the property lines clearly marked. At that meeting, the applicant verbally requested an extension of 60 days of the planning approval process. Can January 23, 2012, the City Council extended the review period another 60 days to April 7, 2012. On February 24, 2012, the city received a narrative from Ms. Niess, explaining that Joshua Schneider, of Acre Land Surveying, Inc., had marked the property line. No visual proof of the staking of the property lines was included and the site is no longer visibly marked per staff's review. The narrative suggests there is six feet from the driveway to the property line. The pavers extend from the driveway 7 feet 2 inches, a total of 1 foot 2 inches over the property line. The applicant realizes the pavers extending over the property line may need to be removed. At minimum, the Planning Commission should recommend the pavers extending beyond the property line be removed. That being the case, the Pl annin g Commission is essentially being asked to consider a variance to allow the driveway to extend to the property line, a variance of three feet. In its review, the Planning Commission will need to determine if it believes the requirements of a variance have been met. V. Zoning Analysis A. Plan Description 1. Setbacks (Building Placement) Per the applicant's narrative, the concrete driveway is 6 feet from the property line. The garage is 5 feet 10 inches from the property line. The paved drive area extends beyond the concrete driveway area a total of 7 feet 2 inches. The paved drive area near the garage extends beyond the property line but the applicant has not stated to what extent. The applicant was told uiis il-Lf„i oratioi. would be required. With the :.*:formation provided, it is difficult for the city to determine the full impact of the improvements. 2. Curbing, Sidewalk and Pavement While the applicant has stated the area is intended as a paved landscape area, staff has observed on multiple occasions the parking of vehicles and trailers. As a result, the improvements should be considered an expansion of the driveway. B. Zoning Code Criteria 1. Variance. The purpose of a variance is to permit relief from the strict application of the terms of the zoning code. Variances may be granted when they: • Are in harmony with the general purpose and intent of the zoning code Findings. The general purpose and intent of the performance and zoning standards in the R -1 district is to provide for areas of single family homes. Setbacks and performance standards have been established to provide for a separation of uses and an amount of privacy. Allowing an improvement up to the property line, especially an improvement in which vehicles and trailers will be parked, is not in line with the purpose and intent of the code. Allowing for such an improvement to extend beyond Planning Case Report 11 -09 Page 2 3/6/12 the property line is definitely out of line with the code, not to mention illegal without some type of legal agreement or easement. • Are consistent with the comprehensive plan Findings. The comprehensive plan outlines the need for rehabilitation and reinvestment in the city's residential neighborhoods. This includes the proper enforcement of the city's code, addressing conflicting land uses, and providing transitions between properties. While improvements to property are encouraged, they must be done so in accordance with the city's rules and impacts on neighboring properties must be minim or non - existent. The applicant for the variance establishes that there are practical difficulties in complying with the city's zoning code. Practical difficulties means as follows: (1) That the property owner proposes to use the property in a reasonable manner not permitted by the city's zoning code (2) The plight of the property owner is due to circumstances unique to the property under consideration and not created by the property owner; (3) The variance will not alter the essential character of the of the locality or permit a use not allowed within the respective zoning district; (4) The variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire or endanger public safety The code states a practical difficulty may include but shall not be limited to the following: a. A physical condition unique to the property that results in practical difficulties when using the parcel or lot within the strict application of the terms of this Code. Physical conditions causing practical difficulties may include lot shape, narrowness, shallowness, slope, or topographic or similar conditions unique to the parcel or lot. b. Practical difficulties may also include inadequate access to direct sunlight for solar energy systems. c. Economic conditions alone shall not constitute a practical difficulty if a reasonable use of the property exists under the terms of this Code. d. A practical difficulty shall be unique to the parcel or lot for which the variance is being sought and is not generally applicable to other properties within the same zoning district. Findings. The city does not determine the expansion of the driveway beyond the property line to be a reasonable use. Even if reduced to the property line, staff feels this will alter the character of the neighborhood and will have an impact on present and future adjacent neighbors. The applicant's narrative lists the purpose of the paved area Planning Case Report 11 -09 Page 3 3/6/12 is to enhance the appearance of the property and the adjacent property. It's suggested the improvements will also limit the growth of weeds. No practical difficulty has been established by the applicant explaining why the pavers are the only option available to improve the appearance of the property and limit weeds. Weeds are not a circumstance unique to this particular property. Additionally, as has been observed, the area is not being used solely as a landscaping use: No practical difficulty has been established for the need for additional parking either. r C. Design and Review Committee The Design and Review Committee met on December 15, 2011. At that meeting the applicant was advised to submit a survey or have the property lines marked. The Committee was not supportive of the variance request due to the driveway not meeting code and extending into the adjacent property. D. Approval 1. Type of Approval Variance 2. Timeline a. Date application received: November 22, 2011 b. Date applicant was notified required information missing: December 15, 2011 c. Date 60 -day extension requested by applicant: December 15, 2011 d. End of original 60 -day decision period: February 13, 2012 e. Council approval of 60 -day extension: January 23, 2012 f. Date applicant notified of 60 -day extension: January 24, 2012 g. End of 120 -day decision period: April 7, 2012 VI. Petitioner's Comments The petitioner's comments are included in two submittals dated November 22, 2011, and February 23, 2012. Comments from a phone message to the building official, dated September 16, 2011, are also included. VII. Notification Property owners within 350 feet of the property were notified and staff has received no written comments. One neighbor has visited the Community Development front desk a handful of times to inquiry about the public hearing..The neighbor suggested they were not in support of the variance. VIII. Summary The applicant has submitted a request for a variance from the setback requirements for a driveway. The applicant refers to the improvements as landscaping in her application, but as has been observed, the improvement is being utilized as parking. The applicant has failed to submit the necessary information in order for a true determination of the situation to be analyzed. Planning Case Report 11 -09 Page 4 3/6/12 IX. Recommendation Without the information requested, staff is unable to make a full determination of the situation. In no instance would staff recommend approval of improvements being made across a property line without an easement. It is duly noted that the applicant has suggested the pavers extending over the property line may need to be removed and they are accepting of the fact. Even so, a variance is still required to extend a driveway to the property line. The applicant has failed to explain how she meets the requirements of the variance. All said, staff recommends denial of the variance application based on the following findings: 1. There is no practical difficulty unique to the property not created by the landowner. 2. That approval of the variance is inconsistent with the city's zoning requirements related to the location of parking and /or screening of side yard storage. 3. That approval of the variance may establish precedent for similar requests in the uniform application of the city's zoning. 4. The economic consideration alone is not a basis for a variance. If the Planning Commission agrees with the aforementioned findings, then a recommendation for denial of the variance is appropriate. In the event the Planning Commission finds the proposed project is a reasonable use of the property and that practical difficulties do exist that justify the variance, the following conditions should be included with any recommendation for approval: 1. Remove all pavers that extend across the property line. 2. No parking of vehicles shall be allowed on the area of pavers. 3. Installation of a fence or landscaping to screen the outdoor storage area. Attachments: • Application • Applicant narrative • Plans • Location maps • Planning consultant memorandums (December 14, 2011 and February 29, 2012) • Design and Review Committee notes (December 15, 2011) • Phone transcript dated September 16, 2011 • Photographs • Application log Planning Case Report 11 -09 Page 5 3/6/12 PLANNING APPLICATION TO PLANNING COMMISSION AND CITY COUNCIL City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428 Case No. 8-09 Date Filed �' C Receipt No. �-- Received by Basic Fee Deposit Name of Applicant: -r�1 PID 0 113 Y3 — . 0 4 0 160 Street Location of Propert . A 11- 1p AV-t. t .CMl' Legal Description of Property: OWNER OF RECORD: Name: wt9 -sue nl tic S Address: L9 '1,2o °,-/ 6 AV . ; N ,t�nJ �?(� Home Phone 010�� Work Phone: � ()_ - 9 l3 - 'fz o Fax: Applicant's nature of Legal or Equitable Interest: o W i'1 2y Type of Request: (pertaining to what section of City Code) '"`1 ( C'� Please outline Description of Request: (use additional pages if necessary) CA t 11 _ _1'N A Wk,-, Gd. tic-", _bf -e U 1 Fla � euJ � �!. �nl u.� ,i,.1� , t.� v i' e L"3 . Why Should Request be Granted: 1 u (attach narrative to application form if necessary) ) 1"-, 1 -09 PC11 -09, Dawn Niess, 8424 46th Avenue Narrative: (typed from handwritten copy) Description of request: My contractor did not feel a permit was necessary as he has done this type of work many times before without a permit, including in New Hope. This was done mainly for landscaping and to improve the look of our driveway and property. The only thing different than prior is material that is in place (please see attached photos). My should request be granted I feel this should be granted as I feel the only thing different is the material placed. It was never a problem when the cement blocks and /or rocks were placed to property line; however as soon as pavers were placed, this was suddenly an issue. I have enclosed pictures of before and after. The second reason I feel this should be granted is that Mr. Axel came to my property while project was being done. He did not stop the work or tell the contractor a permit was required. He did not contact my husband or I either - he could have called our home. Rather we received a letter several days later after the work was completed. He should have told the contractor to stop until he had talked with us. Our contractor could have reached us on our cell phones had Mr. Axel asked him or told him the issues. I feel a lot of misunderstanding could have been prevented. An explanation as to why landscaping etc... must be three feet from property line would be helpful - again this was not an issue with the material we had there previously. Thank you for your consideration of this request. I am happy to discuss it with you further. 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C. w, No. 3600 3616 EAST 55TH STREET PA. 4 -4681 Ourt*cpor "o �trtifica�tc DESIGN & REVIEW COMMITTEE December 15, 2011 Committee: Anderson, Houle, Nirgude, Onadipe, Svendsen The Development Review Team met on December 14 to consider a request for a variance to the side yard setback requirement to allow an expanded driveway up to and across the property line at 8424 46- Avenue North. Staff. A l xc r' oont . Fournier, n W eiss i inu, �- vviic, i•vuliller, Mader, ,7l,lrratt, VVe1SS Consultants: Brixius PLANNING CASE: PROJECT: ADDRESS: ZONING: PROPERTY OWNER: APPLICANT: 11 -09 Variance 8424 46th Avenue North R -1, single Family Residential Dawn Niess Dawn Niess DESCRIPTION: The applicant replaced driveway material with pavers and extended it across the property line from the curb to the back of the garage for parking vehicles beside the garage. No driveway permit was obtained prior to doing the work. The Development Review Team was not supportive of the request due to the driveway not meeting code and encroaching into the adjacent property. Comments: • Locate side property line • Provide registered survey indicating exact location of garage /driveway and setbacks • Curb cut appears to be wider than 24 feet • Curb cut to be located three feet from property line • Driveway extends over property line, per applicant • No vehicle parking within three feet of property line ATTACHMENTS: • Application • Narrative • Northwest Consultants (planning) notes • Maps • Portion of voice mail message from Dawn Niess, 9/16/11 • Photos of site NOTE: REVISED PLAN DEADLINE is Friday, December 23, by 3 p.m. Planning Commission, Tuesday, January 3, 7 p.m. City Council, Monday, January 23, 7 p.m. NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 7e3.231.2555 Facsimile: 763.231.2581 plan ners@nacpla nni ng. corn MEMORANDUM TO: Curtis Jacobsen FROM: Alan Brixius DATE: December 14, 2011 RE: New Hope — Niess Variance FILE NO: 131.01 —11.06 BACKGROUND Dawn Niess is requesting a side yard setback variance for an expanded driveway and parking space at her property located at 8424 46 Avenue North. The driveway and parking improvements have been installed without permits and the variance is after the fact application. ISSUES The site is zoned R -1, Single Family Residential District. The following standards apply to driveway and parking within an R -1 Zoning District: Section 4 -3(e), Off - Street Parking Standards (4) General provisions. h. Stall, aisle and driveway design. 6. Curb cut maximum. No curb cut access shall exceed the following width dimensions measured at a point setback 20 feet from the property line: Residential ............................ 24 feet Residential single - family with a three car garage ............ 28 feet Comment. The applicant has provided no scaled plan or narrative description illustrating driveway width and proposed setbacks. 7. Curb cut minimum. Curb cut openings shall be located at minimum five feet from the side yard lot line in all districts except the R -1 and R -2 districts. In the R -1 and R -2 districts, curb cuts may be three feet from the side yard lot line. Further, there shall be no set -back requirement from a shared lot line for dwellings defined as "zero lot line" Twinhomes by subsection 4 -2 (2) of this Code. Comment. The applicant has indicated that the new driveway extends through the required setback onto the adjoining lot. (6) Location. All accessory off - street parking facilities required by this Code shall be located and restricted as follows: a. Same lot. Required accessory off - street parking shall be on the same lot under the same ownership as the principal use being serviced, except under the provisions of subsections 4- 3 (e)(11) and 4- 3 (e)(12) of this Code. Comment. The applicant's driveway, based on her testimony, extends onto the adjoining property. This parking is not eligible for Section 4 -3(e) i 1, Joint Parking or Section 4- 3(e)12, Off -Site Parking. C. Parking distance from property line. There shall be no off - street parking within three feet of any property line. This prohibition shall not apply to zero lot line parcels in any residential zoning district containing adjacent garages that share a common wall on the zero lot line when the driveway is shared by the dwelling units and the driveway curb cut also abuts the shared or zero lot line. Comment. The applicant has built through the required three foot setbacks beyond the property line. Section 4- 3(d)9, Exterior Storage b. Recreational equipment and vehicles. 3. Side and rear yard storage of recreational equipment or vehicles shall meet the following standards: Storage of all recreational equipment or vehicles shall maintain at least a three foot setback from the side or rear yard property lines except for canoes, kayaks and other small boats stored at the shoreline of Meadow Lake and Northwood Lake as provided in section 4-3 (d)(9)b. 1. iii. of this Code. 2 ii. Storage must be partially but adequately screened to break up the visual appearance of the exterior storage from adjoining properties through landscaping or fencing. iii. Fences shall not exceed eight feet in height. VARIANCE CRITERIA Section 4 -36 outlines the criteria for evaluating the variances as follows: Practical difficulties in the use of the lot. The lot is a standard R -1 lot. It does not present any physical conditions unique to the property that prevents its reasonable use. 2. The variance request is being created by the property owner. The property owner constructed the driveway without a permit. Its location violates required setbacks and encroaches into the adjoining property. 3. The variance will not alter the essential character of the locality. The expanded driveway creates a condition that is not supported by City Code and encroaches onto the adjoining property. Both of these features changes the character of the locality. 4. The variance being sought is not generally applicable to other properties in the same zoning district. The driveway and exterior storage setback is universally applied to all R -1 lots. • The applicant's lot is not uniquely different from other R -1 lots throughout the City. The City has enforced its driveway setback on other R -1 lots requesting expanded driveways. • Approval of this variance without demonstrated practical difficulties will establish precedent for future variance considerations. NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Curtis Jacobsen FROM: Alan Brixius DATE: February 29, 2012 RE: New Hope — Niess Variance FILE NO: 131.01 — 11.06 BACKGROUND The Niess family installed pavers along the side of their garage at 8424 46 Avenue to create a parking space for their trailer. The house is located six feet from their property line. Their pavers were installed seven feet, two inches from their garage wall onto the side yard. This resulted in an illegal encroachment onto the neighboring property and into the required side yard setback. The Niess' are proposing to remove pavers from the adjoining property but have requested a side yard setback variance to allow the pavers to remain within the side yard setback area up to the property line. REQUIREMENTS The following standards regulate side and rear yard storage of vehicles: Section 4- 3(d)(9)b.3: 3. Side and rear yard storage of recreational equipment or vehicles shall meet the following standards: i. Storage of all recreational equipment or vehicles shall maintain at least a three foot setback from the side or rear yard property lines except for canoes, kayaks, and other small boats stored at the shoreline of Meadow Lake and Northwood Lake as provided in section 4- 3(d)(9)b.1.iii of this Code. ii. Storage must be partially but adequately screened to break up the visual appearance of the exterior storage from adjoining properties through landscaping or fencing. iii. Fences shall not exceed eight feet in height. VARIANCE CRITERIA In 2011, the State of Minnesota changed the criteria for considering a variance. Variances may be granted where practical difficulties exist in complying with the Zoning Ordinance. Practical difficulties means that property owners' proposed to use the property in a manner not permitted by the zoning. Practical difficulties include: Condition or plight of the landowner are due to circumstances unique to the property and not created by the landowner. Comment In this instance, the City established the rules for side yard and rear yard storage for their uniform application throughout the City. The Niess property is consistent in lot area and width with other lots within the same zoning district and neighborhood. In this respect, the conditions on the lot are not unique specifically to this property. The house location is a difficulty not unique to this property. The installation of the pavers was created by the property owners' contractor. 2. The variance will not alter the essential character of the locality. Comment. The proposed storage location not only fails to meet setback, but it does not provide adequate space for the required screening that is required by ordinance. The condition of the Niess property is not unique to their property. Other lots throughout the City may have similar setbacks between garage and side lot lines. If the variance is approved, concern is raised in uniform and equitable treatment of other similar properties and the practical enforcement of the current regulations. 3. Economic considerations alone do not constitute a practical difficulty. Comment: In this instance, the installation of pavers is not a basis for variance approval. RECOMMENDATION Based on our review of the regulations for granting a variance, we find: There is no practical difficulty unique to the property not created by the landowner. 2. That approval of the variance is inconsistent with the City's zoning requirements related to the location and screening of side yard storage. 2 3. That approval of the variance may establish precedent for similar requests in the uniform application of the City's zoning. 4. The economic consideration alone is not a basis for a variance. If the Planning Commission agrees with the aforementioned findings, then a recommendation for denial of the variance is appropriate. In the event the Planning Commission finds the proposed project is a reasonable use of the property and that practical difficulties do exist that justify the variance, the following conditions should be included with any recommendation for approval: Remove all pavers that extend across the property line. 2. Installation of a fence or landscaping to screen the outdoor storage area. 3 Portion of transcript of Dawn Nelss' phone message 9/16/2011 C@ 9;12 am ... "I am currently having some pavers put down alongside our driveway for some additional parking space and I was told by one of the workers that you were here taking some pictures yesterday. I would like to know what that is about as my understanding is we don't need a permit for that. If it's a question regarding the property line, we have talked with the neighbors and they gave their approval so if it is over the line a little bit they are aware of that, have given approval and in fact they're probably going to be doing something like that themselves." ... BUILDING OFFIICIAL PHOTO 1 r wI 4" a• „ x _ . I a if _ c R um i I �� - . :•Y - �! -.M i ~y+_ x a •fit -. r .,{ +•� BUILDING OFFIICIAL PHOTO f���\ 1 j .1.11 J j j .�\ / �§ \ 2 ») } \62 � `� � � ) }� | \�� � \ \��° .�\ / �§ \ 2 ») } \62 � `� � � CITY OF NEW HOPE SPECIAL ZONING PROCEDURES APPLICATION LOG A B C D E F G H I J Appli- Applicant Date Date Applicant Date 60- Date 60- Date Deadline Date city Date city cation application was sent day time day Applicant for city approved or sent response number Name received notice limit extension was notified action denied the to Applicant Address by city that required expires expires of under application Phone information extension extension was missing or waiver 12/15/11 the 2/13/12 4/7/12 PC 3/6/12 11 -09 Dawn Niess 11/22/11 applicant was 8424 46th Ave N informed at Deadline to New Hope MN 55428 the Design meet 763- 531 -0255 Review planning CC3/26/12 612 - 813 -8430 Committee schedule meeting that 12/22/11 their application was incomplete. 60 extension was requ Boxes A -C and E -F will always be filled out. Whether the other boxes are filled out depends on the city's procedures and the date of a specific application. A. Assign each application a number. B. List the Applicant (name, address and phone). C. List the date the city received the application. D. List the date the city sent the Applicant notice that required information was missing. If the city gives such notice, it must do so within 10 business days after the date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line. E. To calculate the 60-day limit, include all calendar days. F. To calculate the 60-day extension, begin counting from the day hollowing the first 60-day limit, include all calendar days. G. The city will notify the Applicant by mail that a 60 -day extension period applies to the application. (The date in Box G must come before the date in Boxes E and F.) H. List the deadline under any extension or waiver. I. The city must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.) J. List the date that the city sent notice of its action to the Applicant. It is best if the city not only takes action within the time limit, but also notifies the Applicant before the time limit expires. a 't t t f -•- Memorandum To: Planning Commission Curtis Jacobsen, Director of Community Development Cc: Al Brixius, Planning Consultant Steve Sondrall, City Attorney From: Eric Weiss, CD Assistant Date: March 1, 2012 Subject: PC 12 -02 Amendment to Sec. 4 -32 Administration - Amendments Staff is proposing to amend the language in Section 4-32, which outlines the requirements for amendments to the zoning code text or zoning district boundaries. Currently, there are three criteria for an amendment. Staff is proposing to remove the first requirement that "the zoning amendment is necessary to correct a past zoning mistake." The definition of a "zoning mistake" is rather nebulous and subjective and a difficult criteria to make a determination on. As times change, so should the zoning to reflect those changes. To qualify past decisions as "mistakes" doesn't give due credit to past decisions and attitudes towards zoning or allow for change without dete there was some sort of error. Staff believes the other two requirements are more than enough to ensure zoning amendments are carefully considered. Those criteria include: • The character of the area has changed to warrant consideration of an amendment. • The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan. Zoning amendments are considered to be legislative actions. The state and courts have granted cities the most latitude in their decision - making for legislative actions. Therefore, removal of this criterion will not diminish the city's ability to make future decisions, rather it will likely make future zoning amendments more legally sound by removing the hard to judge term "mistake." Because the change is so minor, staff does not plan on bring the issue forward to the Codes and Standards Committee. If the Planning Commission is accepting of the change, the issue would move forward to public hearing on April 3, 2012. 1 Sec. 4 -32. - Administration — Amendments. (a) Amendments, initiation. The city council or planning commission may, upon its own motion, initiate a request to amend the text or the district boundaries of this Code. The procedural requirements of this section shall not apply to such proposed amendments except to the extent required by state statute. Any person owning real estate within the city may initiate a request to amend the district boundaries on their own property or text of this Code so as to affect the said real estate. (b) Procedure. An application for an amendment requires a public hearing and shall be processed pursuant to the provisions outlined in subsection 4 -30(c) of this Code. (c) Criteria. The planning commission and city council shall consider possible effects of the proposed amendment. Its judgement shall be based upon, but not limited to, the following factors: (2) The character of the area has changed to warrant consideration of an amendment. (3) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan.