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040301 Planning2. 3. 4. 4.1 4.2 5.1 5.2 7. 7.1 7.2 8. 9. AGENDA PLANNING COMMISSION MEETING OF APRIL 3, 2001 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. CALL TO ORDER ROLL CALL CONSENT BUSINESS 'PUBLIC HEARING Case 01-03 Case 99-06 Request for Conditional Use Permit to Allow Open Outdoor Storage in Excess of 20 Percent of the Gross Floor Area of the Principal Structure and for Outdoor Storage of a 100-Gallon Propane Tank, 9201 Intemational Parkway, Tioga, Inc., Petitioners Public Hearing to Consider Ordinance Recodifying New Hope Zoning Code, City of New Hope, Petitioner COMMI'I-rEE REPORTS Report of Design & Review Committee - Meeting April 12, 8 a.m. Report of Codes & Standards Committee OLD BUSINESS Miscellaneous Issues NEW BUSINESS Review/Approval of Planning Commission Minutes of March.6, 2001 Review of City Council Minutes of February 26 and March 12, 2001 ANNOUNCEMENTS ADJOURNMENT Petitioners are required to be in attendance 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 determination 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 utilize the following procedure: 1. The Planning Commission Chair will introduce the proposal. 2. City staff will outline the proposal and staff's 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 the 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. 6. Direct your questions/comments to the Chair. The 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. Al 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: Petitioner: Address: Request: PLANNING CASE REPORT City of New Hope Meeting Date: April 3, 2001 Report Date: March 30, 2001 01-03 Tioga, Inc. 9201 Intemational Parkway Conditional Use Permits to Allow Open Outdoor Storage in Excess of 20 Percent of the Gross Floor Area of the Principal Structure and for Outdoor Storage of a 100- Gallon Propane Tank Request The petitioner is requesting Conditional Use Permits to Allow Open Outdoor Storage in Excess of 20 Percent of the Gross Floor Area of the Principal Structure and for Outdoor Storage of a 100-Gallon Propane Tank, pursuant to Sections 4.144(1), 4.144(12) and 4.21 of the New Hope Code of Ordinances. I1. Zoning Code References III. Section 4.144(1 ) Section 4.144(12) Section 4.21 Property Specifications Zoning: Location: Adjacent Land Uses: Site Area: Building Area: Green Area: Outdoor Storage: Parking/Driveways: Planning District: Specific Information: Planning Case Report 01-03 I-1 Zone, Open Outdoor Storage, Accessory Outdoor Storage of Propane or LP Gas, Accessory Conditional Use Permit I-1, Limited Industrial From Highway 169 proceed east on Bass Lake Road to International Parkway and south to the site (where West Research Center Road and International Parkway come to a "T") All I-1 properties Approximately 168' x 578' = 96,165 square feet (2.2 acres) 19,700 square feet (existing) (20%) 52% (existing) Proposed Green = 39% 15,700 square feet (16%) 24,000 square feet (25%) Planning District #3 is the City's premier 300-acre industrial park. The primary Comprehensive Plan goal for this district is "preservation and enhancement of the industrial land uses." This narrow lot has an undeveloped rear (190 feet) yard isolated by a rail spur and containing a wetland. Tioga Inc. assembles and services a variety of large temporary heaters for construction sites and the outdoor storage will be for heaters. Page I 3/30/01 IV. Background VJ Tioga Air Heaters, is requesting approval of two conditional use permits (CUPs) to allow an open outdoor storage area in excess of 20 percent of the principal building and outdoor storage of a propane tank. Both of these CUPs are necessary to allow the applicant to relocate their business to the industrial building located at 9201 International Parkway. Tioga is currently located in Golden Valley. The company manufactures heating and ventilation equipment for mining, military, coasting and commercial cOnstruction applications. This property will be used for an office/warehouse site for their company. The existing 19,700 square foot warehouse was built in 1975 and no major improvements have been made in the last 25 years. The south pond and rail spur have complicated any expansion of building or pavement. Available parking exceeds the required number and adequate semi-truck maneuvering room is provided to the three rear docks. The building was built 18 inches too close to the east lot line in 1975 and the driveway was built right up to the west lot line at some point. No change is proposed to those existing conditions. Petitioner's Comments Original Narrative Submitted Overview - Tioga, Inc. has entered into a purchase agreement to buy the building and land located at 9201 International Parkway. As part of our business operation, Tioga is requesting a conditional use permit to allow for outside storage of our equipment at the above referenced address. Tioga has retained Roger A. Anderson & Associates, Inc. to layout the increased storage area, which will be blacktopped, and to design a retention system to handle any increased rainwater runoff. Working in conjunction with the building and development personnel at the City, we have developed the attached site plan to address the criteria that has been outlined by the City and their consultants. I have enclosed panoramic photos of the property showing: a view from International Parkway looking at the front of the building, looking east from the rear lot toward the adjacent Construction Technologies facility at 9151 International Parkway, looking south at the rail lines and looking west towards the Oildyne, Inc. facility that shares the west property line. Two of the surrounding properties presently have conditional use permits from the City for outside storage at their facilities. Background on Tioqa, Inc. - Tioga Air Heaters was started in 1961 in Tioga, ND, to provide a portable, industrial, heating system to the oil industry. Over the years, Tioga expanded into providing heating and ventilating equipment for mining, military, coatings, and commercial construction applications. Tioga equipment is found on offshore oil platforms in the North Sea, was used in the construction of the Alaskan pipeline and continues to be used for service and maintenance work in Prudhoe Bay, Alaska. Present projects include supplying heating systems for oil rigs in the former Soviet Union and developing a prototype heater for the U.S. Air Force's B-2 Bomber relocatable hangar. Tioga's construction heating division provides temporary heating systems for construction projects across the United States. Local projects include providing heat for construction of the new Xcel Energy Center, the expansion to the Minneapolis Convention Center, the new Humphrey Charter Terminal and the new world headquarters for ADC. Tioga has been leasing a building with outside storage at 850 Florida Avenue South in Golden Valley since 1994. With the growth of our business, we have determined the property at 9201 International Parkway could fit our future needs if we are allowed to expand the outside storage area by approximately 16,000 square feet. I have included several sales brochures that illustrate the site and type of equipment that would be stored outside. For further information on Tioga, you may visit our website at www.tioqa-inc.com. Business Operations - Tioga, Inc. is a Minnesota corporation consisting of a manufacturing division for the sale of heating equipment and a temporary heat division for the rental/lease of portable heating Planning Case Report 01-03 Page 2 3/30/01 equipment. Heaters sold to customers are fabricated off site with final assembly and testing done at our Golden Valley facility. Traffic activity consists primarily of daily UPS delivery and pickup, parts delivery from area vendors and an occasional flatbed truck when the heater(s) are being shipped to a customer. The temporary heating division uses pickup trucks and trailers for local deliveries and contract haulers when heaters are shipped to jobsites outside the metro area. During the spring and summer, the heaters are serviced and tested to prepare them for the next heating season. Tioga does not have any retail sales at our facility and has a total of 14 to 15 office and shop employees working one shift a day during normal business hours. If our application is approved, Tioga will complete the purchase of this facility and proceed ahead with the proposed retention pond, landscaping and fencing to the standards established by the City. Addendum to Application At the March 15 Design & Review meeting, several comments and questions were discussed regarding Tioga's application for additional outside storage at 9201 International Parkway. The following information addresses those comments and questions. · The area of outside storage has been illustrated on the revised Sheet 1 drawing that has been prepared by Roger A. Anderson & Associates. A new revised Sheet 1 and Sheet 2 have been included as part of this addendum. · Tioga's law firm of Gray, Plant and Mooty has reviewed the information contained in Document Number 1134540 and Document Number 981282 filed with Hennepin County as it relates to the rail spur easements on the property. Copies of these documents from Hennepin County's microfilm records are attached along with a copy of the Certificate of Title for the property with the listed aforementioned easements. It is the opinion of our attorney that there is nothing in the easement that would prevent the proposed property owner, Tioga, Inc. from paving up to and around the rail spur as long as anyone having a legal right to use the rail line is not denied access to the track. It is Tioga's intention to have the paving done in a manner, which is consistent with a typical rail crossing at a street or at a facility where the rail line is part of the paved area. There would be no permanent structures constructed, either on the tracks or on the adjacent easement. Many of Tioga's heaters are on wheels and can easily and quickly be moved if there was ever a need to use the rail spur. The realtor for Citizen Printing advised us that it has been years since this rail spur was used. I have observed the rail spur over the past three months and have noted that it has neither been plowed nor has a train traveled on this part of the spur line. It is for these reasons that we believe that having periodic storage on this area of the property will not create any conflict with the existing easement. By paving these areas, any water runoff will be channeled to the proposed retention pond. Snow plowing or removal will be benefited by this improvement to the property. · Mark Jaster, P.E. of Roger A. Anderson & Associates prepared the revised Sheet 2 drawing after his discussions with Vince Vander Top of Bonestroo & Associates. The revised sheet illustrates the larger retention pond to handle the potential runoff from the new paved area. Mr. Jaster also contacted the Shingle Creek Watershed to discuss the improvements that are being made to the property with regard to the water runoff from the paved area. The proposed design is meant to be consistent with the water management programs of New Hope and Shingle Creek. · At the Design & Review meeting on March 15, the questions of outside lighting in the storage area was brought up by the commissioners. Tioga confirmed the existing building lighting was adequate and no added outdoor lighting is planned for the storage area. Planning Case Report 01-03 Page 3 3/30/01 · As requested, I have also included a copy of Tioga's license from Hennepin County as a "very sme~'-,, quantity generator" of hazardous waste at our present facility at 850 Florida Avenue in Golde,. Valley. · On Tuesday, March 20, I met with Doug Sandstad of the City of New Hope and Randy Kurtz of West Metro Fire-Rescue regarding the 1,000-gallon propane tank location and required setbacks. The revised Sheet 1 drawing reflects the new tank location at the rear of the property and the corrected size for the trash enclosure. In summary, I believe Tioga has addressed the concerns that were brought up in the Design & Review meeting. The redesigned retention pond will represent a significant improvement to the existing property. The outside storage of equipment should be consistent with the two neighboring properties who have conditional use permits. VI. Notification Property owners within 350 feet of the property were notified and staff has received no comments VII. Development Analysis A.Zoninq Code Criteria Conditional Use Permit 1. The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all such other or further factors as the City shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. 2. Other general criteria to be considered when determining whether to approve or deny a conditional use permit include: A. Comprehensive Plan. 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 Comprehensive Municipal Plan of the City. B. Compatibility. The proposed use is compatible with its adjacent land uses. C. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. E. Zoninq District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: 1. In Industrial Districts (I-1, I-2): a. Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing or future development in adjacent areas. b. Economic Return. The use will provide an economic return to the community and commensurate with other industrial uses that the property could feasibly be used for. In considering the economic return to the community, the Planning Planning Case Report 01-03 Page 4 3/30/01 Commission and City Council may give weight to the sociological impact of a proposed use, both positive and negative. Outdoor Storaqe CUP. Per the Planning Consultant's report, according to Section 4.144(1) of the Zoning Code, outdoor storage that exceeds 20 percent of the principal building is only allowed through a CUP. According to the applicant's site plan, this site contains a 19,700 square foot building. They are proposing a 15,700 square foot outdoor storage area, which amounts to 79.7 percent of the building area. When considering this type of conditional use, the City Code states that the Planning Commission and City Council must consider the following criteria: A. Screenin.q/Landscapinq. The open outdoor storage area is screened and landscaped from adjacent residential uses and public rights-of-way in compliance with Section 4.033(3) of the Code. Findinq: The proposed outdoor storage area will not be adjacent to any residential uses or public rights-of-way. As a result, this condition is not applicable. B. Fencinq: A wire weave/chain link security fence shall be required around the open outdoor storage area in conformance with Section 4.033(3)(c) of the Code. Finding: The applicant's plans call for the open outdoor storage area to be surrounded by a fence. The section of the fence that runs from the west side of the building to the western property line Will be wood construction. A six-foot, chain link fence will surround the remainder of the outdoor storage area. C. Surfacing: The open outdoor storage area is surfaced to control dust. Finding: According to the applicant's plans, the entire outdoor storage area will be surfaced with either concrete or bituminous pavement. D. Accessory Use. The open outdoor storage must be an accessory use, as defined by Section 4.022(1) of the Code, to a permitted or conditional principal use on the site. Finding: According to the applicant, the principal use of the property will be office/warehouse. The open and outdoor storage use will be accessory to the primary warehouse use. Setbacks: The open outdoor storage area shall not be located within any front yard or side yard abutting a public right-of-way. The open outdoor storage shall be set back five feet from all side and rear lot lines and shall not be located within a utility or drainage easement. Finding: The proposed outdoor storage area will be located behind the principal building in the rear yard area and will not be adjacent to any public rights-of-way. In addition, the applicant's site plan shows that the outdoor storage area will be surrounded by a perimeter curb that will be located five feet from the property's boundaries. Required Space: The open outdoor storage area shall not utilize any required off-street parking, loading areas, or access space, required by Section 4.036(6)(a) and 4.037(4) of the Code. Finding: According to Section 4.036(10)(cc), the parking requirements for this use are one stall for every 300 square feet of office and one stall for every 1,500 square feet of warehouse. The applicant's plans indicate that the principal building includes 3,900 square feet of office area and 15,710 square feet of warehouse area. As a result, the site needs 23 off-street parking stalls. The applicant's site plan shows 27 off-street stalls, none of which will be located in the proposed outdoor storage area. Hazardous Materials: The open outdoor storage area shall not be used for storage of hazardous liquids, solids, gases, or wastes. This provision does not prohibit the property owner Eo Planning Case Report 01-03 Page 5 3/30/01 from obtaining a conditional use permit for the outdoor storage of propane or LP gas Section 4.144(12) of the Code. Findinq: The site plan indicates that the applicant intends to install a new 1,000-gallon propane tank in the southeastern comer of the site. This necessitates that the applicant apply for, and receive, a separate conditional use permit to allow the outdoor storage of a propane tank. H. Refuse and Upkeep: The property owner shall keep open outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. Findinq: Staff recommends that a condition of approval require the property owner to keep open outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. Outdoor Storage of Propane CUP. Per the Planner's report, according to Section 4.144(12) of the Zoning Code, outdoor storage of propane is allowed through approval of a conditional use permit. The propane tank may only be used by the occupant of the site, must be incidental to the existing principal use, and cannot be stored for wholesale or retail sale. In considering this request, the City Council and Planning Commission must consider the following criteria: A. Location: All propane or LP gas outdoor storage tanks shall be located in the rear yard not less than 25 feet from any property boundary lines. No tanks shall be permitted in the front yard and side yard abutting public streets. Findinq: The tank is proposed to be located in the southeastern corner of the site, approximately 44 feet north of the southern property line and 25 feet from the eastern property line. B. Open Area: Storage tanks shall be surrounded by 25 feet of open area. Storage of any kind is prohibited in said storage area, except equipment incidental to the storage tank. Approved parking areas must be set back 10 feet from any storage tank. Finding: The site plan included with the application shows the proposed propane tank set back 25 feet from the eastern property line, 44 feet from the southern property line, and 258 feet from the existing building. Staff recommends that a condition of approval prohibit storage of any kind within 25 feet of the propane tank. Furthermore, this 25-foot area should be painted on the pavement surrounding the tank. C. Setbacks from Buildinqs: Storage tanks shall be set back from existing structures, as outlined in the Uniform Building Code, based on tank size. Findinq: The site plan illustrates that the proposed 1,000-gallon propane tank will be set back 258 feet from the existing principal structure. The City's Building Inspector should comment on whether this setback meets the standards called for in the Uniform Building Code. D. Circulation: Storage tanks shall not interfere with site circulation including, but not limited to, parking, driveway, curb cuts and loading areas. Findinq: As proposed, it appears that the storage tank will not interfere with vehicle circulation on the site. E. Fencing: A wire weave/chain link security fence shall be required around all storage tanks. The location of the fence shall be as per the Building/Fire Code. Finding: The site plan shows a fence surrounding the entire outdoor storage area. The City Building Inspector should comment on whether this design meets the fencing requirements for the propane storage tank outlined in the Building/Fire Code. F. Access: Storage sites shall be accessible by services and emergency vehicles. Planning Case Report 01-03 Page 6 3/30/01 Finding: As proposed, the propane storage tank will be surrounded by a fence. To insure that emergency and service vehicles have adequate access to the tank, the property owner shall provide both the Police and Fire Chiefs with the necessary keys to access the site. G. Valves: All filling valves of the storage tanks shall be enclosed and have locking devices. Finding: The applicant's plans do not provide details of the propane tank. The applicant shall submit plans detailing the tank, its valves, and their locking devices. H. Warninq Signa.qe: A warning sign shall be required for every tank and shall be placed in a conspicuous location directly on the tank indicating a supplier's name, address, phone number, that highly dangerous and flammable material is stored therein and that no smoking requirements must be observed or a sufficient warning to that affect. Said signage may not exceed four square feet nor may it be used for advertising purposes. Findinq: The applicant shall submit a warning sign plan in conformance with the standards outlined above. Development Review Team The Team met on March 14 to consider this proposal. The group was uncertain how realistic the plan was given complications caused by the existing rail spur and drainage issues. No contact had been made with Shingle Creek Watershed representatives by the proponent, to date. Other suggestions included: 1) Submit detailed plan that clearly identifies the location and size of the proposed outdoor storage yard; 2) Submit evidence that the 40-foot wide private rail spur easement can be used for paving and storage; 3) Clarify how snow can be plowed across these tracks and how water will drain through the tracks to the south pond; 4) Revise the NURP pond to meet Shingle Creek and City Engineer requirements; 5) Comply with Fire Department memo; and 6) Clarify use and/or remodeling of building interior with regard to the state building code. Desi.qn & Review Committee On March 15, the Design & Review Committee met with the proponent, outlining the Development Review Team concerns, but felt comfortable with the concept, noting: 1) A second CUP is required for the LP tank installation; 2) Provide a van-accessible parking space near the front entry; 3) Schedule a meeting with Fire Department and Building Official on code issues; 4) Clarify that all storage is at least five feet from property lines and not located within a utility or drainage easement; 5) Parking lot should drain into NURP pond, before discharge to watershed; 6) Clarify exterior and site lighting; and 7) Provide Fire Lane along west side of driveway with yellow striping. Plan Description Revised plans were submitted that addressed the majority of issues and recommendations, as follows: 1. Land Use and Zoning: Operation of an office/warehouse use on this site is consistent with both the City's COmprehensive Plan and Zoning Code. The Proposed Land Use Plan guides this site for industrial use. Similarly, the subject property is zoned I-1, Limited Industrial. Office and warehouse facilities are permitted uses within this district. 2. Existing Conditions: There are two existing non-conforming conditions on this site. The east side of the building encroaches 1.8 feet into the required 10-foot side yard setback. In addition, the existing curb cut access on International Parkway is built right up to the western property line and the code requires access points to be at least five feet from a side yard 1or line. Despite these existing non-conforming issues, the new use proposed for this site will not increase its non-conformity. Page 7 Planning Case Report 01-03 3/30/01 Open Space: According to the City Code, 20 percent of the lot must be green space. applicant's site plan indicates that 39.2 percent of the lot will remain open or green space. Off-Street Parking: The standards for off-street parking requirements for office and warehouse uses along with the number of existing off-street stalls are illustrated in the table below. According to this information, this site meets the off-street parking requirements for office/warehouse uses. Parking Standards for Office and Warehouse Uses Use Requirement Required Proposed Status Number of Stalls Number of Stalls Office 1/300 sq. ft. 13 stalls 27 stalls Conforming Warehouse 1/1,500 sq. ft. 10 stalls Total N/A 23 stalls 27 stalls NA According to State Statutes, sites that are required to provide less than 25 off-street parking stalls are also required to designate at least one van accessible disability stall. One disability stall is shown on the site plan at the south end of the front parking lot area, just north of the landscaped island. However, this stall lacks the required eight-foot wide access aisle. There is what appears to be an undersized parking stall directly south of the disability stall that could be used for this access aisle. The applicant should designate this area as the required access area or increase its size to 20 feet by 9 feet. 5. Trash Enclosure: The applicant's site plan illustrates that they plan to install a new trash enclosure next to the southeastern corner of the principal building. The plans show that the enclosure will be made of six-foot high chain link fence with metal slats inserted in the fence. 6. Rail Spur Easement: The applicant has submitted a copy of the rail spur easement for this property. According to their attorney, there is nothing in this document that prevents Tioga Heaters from paving up to and around the rail spur as long as anyone having legal right to use the rail line is not denied access to the tracks. The applicant also states that there will be no permanent structures constructed on the track or within the easement. However, they may store movable products within the easement. 7. Gradinq, Drainage, and Utilities: The plans call for the outdoor storage area to be surfaced with a combination of concrete and bituminous paving with a bituminous perimeter curb. Staff is concerned that snow removal will damage this curbing and have a negative effect on site drainage. The applicant should consider relocating the snow storage area to the far southern portion of the storage area or replacing the bituminous curb with concrete curbing. All drainage, grading, and utility plans are subject to the review and approval of the City Engineer. (See City Engineer's comments.) 8. Watershed District: The applicant has submitted an application to the Shingle Creek Watershed Commission and any CUP approval should be subject to approval by the Watershed. 9. Outdoor Storaqe Area: The revised plans clearly illustrate the 15,700 square foot storage area, which does not interfere with the truck maneuvering area. 10. Landscaping: The applicant has shown new and existing landscaping on the plan and provided the following landscape schedule: Page 8 Planning Case Report 01-03 3/30/01 PLANT SCHEDULE Quantity Key Common Name Botanical Name Size 3 BS Blackhills Spruce P. Glauca Densata 6' 12 JP Juniper Pfitzer Juniperus Chinensis 5 ~]al. Three new 6' Black Hills spruce will be located on the east front side yard of the building. Six new Juniper shrubs will be planted on the northeast front corner of the building and six will be planted on the northwest front corner of the building. The plans indicated that the new plantings will be irrigated by the existing irrigation system. 11. Fence Detail: The applicant has provided details on the 6' high treated lumber wood fence that will extend from the building east to the gate on the front drive. The gate will be a 6-foot high chain link with metal slats for screening, similar to the trash enclosure. 12. Storm Water Pond: has been expanded and relocated on the south side of the property. 13. Fire Lane: The plans show that the east curb line of the entrance will be painted yellow and a "No Parking Fire Lane" sign will be placed at that location. The Fire Department connection is identified on the plans at the northwest portion of the building. 14. Si(~na(~e: The applicant has indicated that the existing monument sign in front of the building, which meets code requirements, will be utilized. 15. Snow Storage Areas: are shown in front of the building on the east side of the parking lot and on the north and east side of the Iow area in the rear of the building. 16. Spur Pavinq: The applicant's plans clarify that asphalt paving would be slightly higher than spur tracks without preventing rail use or snow plowing. Planning Considerations The Planning Consultant's report and recommendations have been incorporated into this staff report. Buildin.q Considerations No building expansion is planned. Any interior work must comply with the MN State Building Code The LP tank and piping must comply with the Uniform Fire Code. Legal Considerations The City Attorney will be present at the Commission meeting to address any legal issues or questions. Engineering Considerations The City Engineer has reviewed the plans and provided the following comments: 1. The site plan shows bituminous curb. The plan also shows snow storage behind the entire length of the bituminous curb. A propane tank is shown at the south end of the new lot. It is recommended that the propane tanks be relocated approximately 50 feet north along the west curb line. This will allow snow to be plowed from the new lot directly into the new storm water pond and not into the wetland. If snow is plowed and stored behind the entire length of curb, it is recommended that concrete curb be provided. Plowing against and over bituminous curb will break and ruin the curb. It is recommended that concrete surmountable curb be provided along the south edge of the new parking lot to facilitate snow plowing. Planning Case Report 01-03 Page 9 3/30/01 2. It is recommended that a maintenance agreement be established for the pond to assu~"-- sediment and debris are removed periodically. 3. No filling or grading is allowed in the wetland. A wetland delineation report must be submitted and approved prior to construction. The report should be completed in the spring as conditions allow. If the proposed plan conflicts with the findings of the delineation report, revisions will be required including possible mitigation. 4. The pond size and supporting calculations indicate that the pond is sized sufficiently to treat the runoff from the existing and proposed pavement. Treatment will be to NURP standards. 5. The outlet culvert from the wetland must be sized to carry runoff from a 10-year event (minimum). The invert will be placed at the NWL of the wetland. This elevation will be determined in the spring as part of the delineation. Rip rap should be provided by the culvert outlet. Trash guards are not required on this culvert. 6. A protected 100-year overflow must be provided at the south berm of the pond into the existing drainage ditch. The overflow must be protected with rip rap. The elevation of the overflow must be identified. 7. It appears that the existing HWL in the wetland is probably in the range of 890.0 to 891.0. The proposed pond grading will increase the 100-year HWL to possibly 892.0. The applicant must demonstrate that this will not have a negative impact on the adjacent property to the west (i.e. increase the potential for flooding). 8. The applicant must receive approval for the construction of the ponds from Shingle Creek Watershed. It appears that the proposed construction will meet their requirements. 9. It is recommended that the pond area be restored with native wetland plantings and grasses. The wetland on the property is identified as a high priority wetland in the City's Wetland Inventory. I. Police Considerations The Police Department reviewed the plans. J. Fire Considerations West Metro Fire reviewed the plans, made recommendations, and met with the petitioner before the submission of final plans. VIII. Summary Staff is pleased to see a new business relocating to New Hope and feels that the applicant has done an excellent job in responding to issues and concerns with the revised plans. The only major unresolved issue posted by the final plan results from the City Engineer's observation that the new LP tank location prevents effective snow plowing into the NURP ponds to protect the existing wetland water quality. Staff feels that another LP tank location can be found, so that plowed snow gets pushed and dumped into the NURP pond, not the high quality wetland. IX, Recommendation Staff recommends approval of a conditional use permit to allow outdoor storage that exceeds 20 percent of the principal building and a conditional use permit to allow outdoor storage of a propane tank, subject to the following conditions: 1. Submit revised site plan with a different LP tank location, subject to approval by Building Official and City Engineer, including: Planning Case Report 01-03 Page 10 3/30/01 o o Attachments: A. The applicant shall submit and receive approval of plans detailing the tank, its valves, and their locking devices. B. The applicant shall submit and receive approval of a warning sign plan. C. There shall be no outdoor storage within 25 feet of the propane tank. The property owner shall paint a 25-foot radius around the tank. D. The property owner shall provide the Police and Fire Departments with copies of all keys necessary to access the propane tank. Comply with City Engineer's memo of February 26, 2001. Submit detailed plans prior to occupancy to demonstrate compliance with the MN Disability Code, MN Building Code and Uniform Fire Code. Resize the parking stall directly south of the disability stall to be at least 20 feet x 9 feet or designate it as the access aislefor the disability stall. Revise site plan to shift 80 percent of snow storage next to the NURP pond or replace the bituminous curbing along the designated snow storage area with concrete curbing. The property owner shall keep the open outdoor storage area free of refuse, trash, debris, weeds, and waste fill. Zoning/AddressFFopo Maps Petitioner March 9 narrative Petitioner March 23 Narrative Site Map Property Survey Revised Site Plan Site Information Outdoor Storage Area Plant Schedule Fence Detail Grading/Drainage/Erosion Control Plan Pond Outlet Detail/Data and Pavement Section Truck Turning Radius Site Photos Planner's Report Engineer's Comments Fire Department Design & Review Comments Certificate of Title/Spur Easement Additional Tioga Information Application Log Page 11 Planning Case Report 01-03 3/30101 5~ 5621 ' 56~ 50O VICTORY 5652 Thru 560O PARK 5550 CENTE -:EARCH CTR RD ~',EST 5520 9201 9151 55o0 PUBLIC WORKS GARAGE 9101 5420 944O g210 9OOO 542O ~ESEARCH CENTER I-1 SCIENCE CENTER DR B-31 . !-1 HOUSE Of HOPE LUTHERAN x x X~ eM.7 x CF.N'I~R x TI()GA® 'rjR HEATERS City of New Hope Application for Outside Storage By Tioga, Inc 850 Florida Ave S Golden Valley, MN 55426 Overview: Tioga, Inc has entered into a purchase agreement to buy the building and land located at 9201 International Parkway, New Hope, MN 55428. As part of our business operation, Tioga is requesting a conditional use variance to allow for outside storage of our equipment at the above referenced address. Tioga has retained Roger A. Anderson & Associates, Inc to layout the increased storage area, which will be blacktopped, and to design a retention system to handle any increased rainwater runoff. Working in conjunction with the building and development personnel at the City of New Hope, we have developed the attached site plan to address the criteria that has been outlined by the City of New Hope and their consultants. I have enclosed panoramic photos of the property showing: a view from the International Parkway looking at the front of the building, looking east from the rear lot toward the adjacent Construction Technologies facility at 9151 International Parkway, looking south at the reil lines and looking west towards the Oildyne, Inc facility that shares the west property line. We were informed that two of the surrounding properties presently have conditional use variances from the City of New Hope for outside storage at their facilities. Back.qround on Tio.qa, Inc: Tioga Air Heaters was started in 1961 in Tioga, ND to provide a portable, industrial, heating system to the oil industry. Over the years, Tioga expanded into providing heating and ventilating equipment for mining, military, coatings and commercial construction applications. Tioga equipment is found on offshore oil platforms in the North Sea, was used in the construction of the Alaskan pipeline and continues to be used for service and maintenance work in Prudhoe Bay, Alaska. Present projects include supplying heating systems for oil dgs in the former Soviet Union and developing a prototype heater for the U.S. Air Force's B-2 Bomber relocatable hangar. Tioga, Inc. 850 Florida Avenue So. Minneapolis, MN 55426 www. tioga-in¢.¢om Office: 763-525-4000 Fax: 763-525-9796 800-218-4642 Tioga's construction heating division provides temporary heating systems for construction projects across the United States. Local projects include providing heat for construction of the new Excel Energy Center, the expansion to the Minneapolis Convention Center, the new Humphrey Charter Terminal and the new world headquarters for ADC. Tioga has been leasing a building with outside storage at 850 Florida Avenue South in Golden Valley since 1994. With the growth of our business, we have determined the property at 9201 International Parkway could fit our future needs if we are allowed to expand the outside storage area by approximately 16,000 square feet. I have included several sales brochures that illustrate the size and type of equipment that would be stored outside. For further information on Tioga, you may visit our website at www.tioga- inc.com. Business Operations: Tioga, Inc. is a Minnesota corporation consisting of a manufacturing division for the sale of heating equipment and a temporary heat division for the rental/lease of portable heating equipment. Heaters sold to customers are fabricated 'offsite with final assembly and testing done at our Golden Valley facility. Traffic activity consists primarily of daily UPS delivery and pickup, parts delivery from area vendors and an occasional flatbed truck when the heater(s) are being shipped to a customer. The temporary heating division uses pick-up trucks and trailers for local deliveries and contract haulers when heaters are shipped to jobsites outside the metro area. During the spdng and summer, the heaters are serviced and tested to prepare them for the next heating season. Tioga does not have any retail sales at our facility and has a total of fourteen to fi[teen office and shop employees working one shift a day during normal business hours. If our application is approved, Tioga will complete the purchase of this facility and proceed ahead with the proposed retention pond, landscaping and fencing to the standards established by the City of New Hope. If additional information or clarification is needed, please contact me at 763-525-4000. President Tioga, Inc. TI()GA® , IR HEATERS CITY OF NEW HOPE APPLICATION FOR OUTSIDE STORAGE BY TIOGA, INC 850 FLORIDA AVE S GOLDEN VALLEY, MN 55426 ADDENDUM TO APPLICATION At the March 15, 2001 Design Review Committee meeting, several comments and questions were discussed regarding Tioga's application for additional outside storage at 9201 International Parkway in New Hope. The following information addreSses those comments and questions. The area of outside storage has been illustrated on the revised Sheet 1 drawing that has been prepared by Roger A. Anderson & Associates. A new revised Sheet 1 and Sheet 2 have been included as part of this addendum. Tioga's law firm of Gray, Plant and Mooty has reviewed the information contained in Document Number 1134540 and Document Number 981383 filed with Hennepin County as it relates to the reil spur easements on the property. Copies of these documents from Hennepin County's microfilm records are attached along with a copy of the Certificate of Title for the property with the listed aforementioned easements. It is the opinion of our attorney that there is nothing in the easement that would prevent the proposed property owner, Tioga, Inc, from paving up to and around the rail spur as long as anyone having a legal right to use the rail line is not denied access to the track. It is Tioga's intention to have the paving done in a manner which is consistent with a typical rail crossing at a street or at a facility where the rail line is part of the paved area. There would be no permanent structures constructed, either on the tracks or on the adjacent easement. Many of Tioga's heaters are on wheels and can easily and quickly be moved if there was ever a need to use the rail spur. The realtor for Citizen Printing advised us that it has been years since this rail spur was used. I have observed the rail spur over the past three months and have noted that it has neither been plowed nor has a train traveled on this part of the spur line. It is for these reasons that we believe that having pedodic storage on this area of the property will not create any conflict with the existing easement. By paving these areas, any water runoff will be channeled to the proposed retention pond. Snow plowing or removal will be benefited by this improvement to the property. If there are any legal questions, our attomey is Ms. Laura Schoenbauer at Gray, Plant & Mooty. Her direct phone line is 612-343-2947. Tioga, Inc. 850 Florida Avenue So. Minneapolis, MN 55426 www. tioga-in¢.¢om Office: 763-525-4000 Fax: 763-525-9796 800-218-4642 Mark Jaster, P.E. of Roger A. Anderson & Associates prepared the revised Sheet 2 drawing after his discussions with Mr. Vincent Vandertop of Bonestroo, Rosene, Anderlik & Associates. The revised sheet illustrates the larger retention pond to handle the potential mn-off from the new paved area. Mr. Jaster also contacted the Shingle Creek Watershed to discuss the improvements that are being made to the property with regard to the water runoff from the paved area. The proposed design is meant to be consistent with the water management programs of New Hope and Shingle Creek. At the design review meeting on March 15, 2001, the question of outside lighting in the storage area was brought up by the commissioners. Tioga confirmed the existing building lighting was adequate and no added outdoor lighting is planned for the storage area. As requested, I have also included a copy of Tioga's license from Hennepin County as a "very small quantity generator" of hazardous waste at our present facility at 850 Flodda Avenue South in Golden Valley. On Tuesday, March 20, 2001, I met with Doug Sandstand of the City of New Hope and Randy Kurtz of West Metro Fire-Rescue regarding the 1000-gallon propane tank location and required setbacks. The revised Sheet 1 drawing reflects the new tank location at the rear of the property and the corrected size for the trash enclosure. In summary, I believe Tioga has addressed the concerns that were brought up in the design review meeting. The redesigned retention pond will represent a significant improvement to the existing property. The outside storage of equipment should be consistent with the two neighboring properties (as illustrated in our initial application) who have conditional use permits. If there are any other questions or comments, please contact me at 763-525-4000. Thank you for your consideration. Tioga, Inc SITE -- PLYMOUTH LAKE SCIENCE CENTER DR z 4gTH A~ N NEW HOPE LOCATION MAP NO SCALE -% TIOGA iii mi iim mini ,m/mkml ~1 ef tim imm m m mmmmmm~ m~ m ~ ~ll ~dm~i m tf ~ m ~ m maid Im~ ~ 1, k ma W ia lml qm k Imm #Im m Imm ~1' ami: ~' mi/ ~ ii m # imm e W d M O Iqnmm II mmm ,If, mm gini, Omw Omm ~ mmmmgmfmmmm I~mm~, (Bmm~m~m 'm ~ lam. ~ U 'fmm~ & lb mmmdim m a mlmlm,I k Immmm m .ll~ m # k \ \ \ \ FIELD & NOWAK INC CENTER ROAD :¥.L¥0 ONOd~ ? / I i ~.., /i ~ / ~./ // QNOd O/ 39¥NIVUQ IlOl (INIl, L]dO 3(Ira ,~ 3OROUd / it t t ('llYJ.31~ 33S) -- J.g'U. flO ONOd NORVIi3dO )r'~vUJ. HI.R~ ]U3.'IILIJ. NI 01 tON $¥ O$ $)IOVIU. N]]IAJ.3H ONV O1 df1 ;,,.-, ('tiLl.) ::13N':I,:I 3~ll~.Xll'l 03,]S la&J, 3AU. VN I-U.m QNVII.:M~ 01 /N3OYPOV SV31:IV 311OJ. S31:1 t -' /'/////////////-,,~,,~//~-,7i / ~ / / / ~'.,,-/i / ..... : .. 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ACCORDING TO THE RECORDED PLAT THEREOF AND SITUATE IN HENNEPIN COUNTY, MINNESOTA SITE AREA: EXISTING BUILDING AREA: EXISTING PAVEMENT AREA: EXISTING GREENSPACE AREA: PROPOSED PAVEMENT AREA: PROPOSED GREENSPACE AREA: 96,165 SF (2.2076 ACRES) 19,700 SE (20.5~.) 25,594 SF (26.6~) 50,871 SF (52.9~.) 38,794 SE (40.3%) 37,671 SF (39.2%) PROPOSED OUTDOOR STORAGE AREA: 15,700 SF (79.7~, OF BUILDING AREA) SNOW STORAGE AREA: 4,`390 SF (11..3% OF PAVEMENT AREA) PARKING STALLS REQUIRED: 1 STALL PER 300 SF OFFICE = .3,990 SF / `300 = 13 STALLS 1 STALL PER 1,500 SF WAREHOUSE = 15,710 SF / 1,500 = 10 STALLS PARKING STALLS PROVIDED: 27 STALLS NEW PLANTINGS TO BE IRRIGATED BY EXISTING IRRIGATION SYSTEM TRUCK DOCK / / / /' 0 4 £ --15,700 SQUARE FEET OUTDOOR STORAGE 25' OUTDOOR STORAGE AREA 1' -- 40' PLANT 5CWE[DULE QT'Y KE'r' COMMON NAME i~OTANICAL NAME 51ZE MTHI~ .5 B5 BLAC. Ki--IILL5 5PI~UC-.E P. ~.LAUC:A IDENSATA &' ESi~ 12 JP JUNIPEI~ PI::ITZEt~ JUNIPEFL:'U5 CNINEN515 D GAL POT EXTERIOR /CEDAR L.I INTERIOR -- 4x4 0 8'-0" O.C. TREATED . LUMBER WOOD FENC[ DETAIl ?nOX ",'t ~ --~ ST FLOOR ELEV. = 902.73 IRRIGATION VALVE--' wATER VALVE --' -FIRE DEPT. CONNECTION EXISTING 1 STORY CONCRETE BUILDING NO. 9201 EX. WALL LIGHT~ (TYPICAL) FLOOR ELEV. -FLOOR ELEV. = 902.70 ~ .-LOADING DOCKS ~ ~ (TYPICAL) . ' $1EEL S~'OOP' 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 5541(¢-% Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com PLANNING REPORT TO: FROM: DATE: RE: FILE: Kirk McDonald Jason Lindahl/Alan Brixius March 27, 2001 New Hope - Tioga Air Heaters Conditional Use Permits Request 131.01 - 01.02 BACKGROUND The applicant, Tioga Air Heaters, is requesting approval of two conditional use permits (CUPs) to allow an open outdoor storage area in excess of 20 percent of the principal building and outdoor storage of a propane tank. Both of these CUPs are necessary to allow the applicant to relocate their business to the industrial building located at 9201 International Parkway. The Tioga company is currently located in Golden Valley. The company manufactures heating and ventilation equipment for mining, military, coasting and commercial construction applications. This property will be used for an office/warehouse site for their company. Attache for Reference: Exhibit A: Exhibit B: Exhibit C: Site Location Site Plan dated March 9, 2001 Grading, Drainage, and Erosion Control Plan dated March 9, 2001 ANALYSIS Land Use and Zoning. Operation of an office/warehouse use on this site is consistent with both the City's Comprehensive Plan and Zoning Code. The Proposed Land Use Plan guides this site for industrial use. Similarly, the subject property is zoned I-1, Limited Industrial District. Office and warehouse facilities are permitted uses within this district. However, outdoor storage that exceeds 20 percent of the principal building and outdoor storage of propane are both conditional uses. Existing Conditions. There are two existing non-conforming conditions on this site. The east side of the building encroaches 1.8 feet into the required 10 foot side yard setback. In addition, the existing curb cut access on International Parkway is built right up to the western property line. Section 4.036(4)(h)(vii) requires access points to be at least five feet from a side yard lot line. Despite these existing non-conforming issues, the new use proposed for this site will not increase its non-conformity. Open Space. According to Section 4.145(2) of the City Code, 20 percent of the lot must be green space. The applicant's site plan indicates that 39.2 percent of the lot will remain open or green space. Off-Street Parking. Section 4.036(10)(cc), outlines the off-street parking requirements for office and warehouse uses. These standards, along with the number of existing off- street stalls, are illustrated in the table below. According to this information, this site meets the off-street parking requirements for office/warehouses uses. Parking Standards for Office and Warehouse Uses Required Proposed Status Use Requirement Number of Stalls Number of Stalls Office 1/300 sq. ft. 13 Stalls 27 Stalls Conforming Warehouse 1/1,500 sq. ft. 10 Stalls Total N/A 23 Stalls 27 Stalls N/A According to State Statutes, sites that are required to provide less than 25 off-street parking stalls are also required to designate at least one van accessible disability stall. One disability stall is shown on the site plan. However, this stall lacks the required eight foot wide access aisle. There is what appears to be an undersized parking stall directly south of the disability stall that could be used for this access aisle. The applicant should designate this area as the required access area or increase its size to 20 feet by 9 feet. Trash Enclosure. The applicant's site plan illustrates that they plan to install a new trash enclosure next to the southeastern corner of the principal building. The plans show that the enclosure will be made of six foot high chain link fence with metal slats inserted in the fence. The Planning Commission should consider whether this is an acceptable form of screen. 2 Easement. The applicant has submitted a copy of the rail spur easement for this property. According to their attorney, there is nothing in this document that prevents Tioga Heaters from paving up to and around the rail spur as long as anyone having legal right to use the rail line is not denied access to the tracks. The applicant also states that there will be no permanent structures constructed on the track or within the easement. However, they may store movable products within the easement. Grading, Drainage, and Utilities. The applicant's plans call for the outdoor storage area to be surfaced with a combination of concrete and bituminous paving with a bituminous perimeter curb. Staff is concerned that snow removal will damage this curbing and have a negative effect on site drainage. The applicant should consider relocating the snow storage area to the far southern portion of the storage area or replacing the bituminous curb with concrete curbing. All drainage, grading, and utility plans are subject to the review and approval of the City Engineer. Outdoor Storage CUP. According to Section 4.144(1), outdoor storage that exceeds 20 percent of the principal building is only allowed through a conditional use permit (CUP). According to the applicant's site plan, this site contains a 19,700 square foot building. They are proposing a 15,700 square foot outdoor storage area, which amounts to 79.7 percent of the building area. When considering this type of conditional use, the City Code states that the Planning Commission and City Council must weigh the following criteria: o Screening/Landscaping. The open outdoor storage ,area is screened and landscaped from adjacent residential uses and public rights-of-way in compliance with Section 4.033 (3) of this Code. Finding:The proposed outdoor storage area will not be adjacent to any residential uses or public rights-of-way. As a result, this condition is not applicable. Fencing. A wire weave/chain link secudty fence shall be required around the open outdoor storage area in conformance with 4.033 (3)(c) of this Code. Finding: The applicant's plans call for the open outdoor storage area to be surrounded by a fence. The section of the fence that runs from the west side of the building to the western property line will be wood construction. A six foot, chain link fence will surround the remainder of the outdoor storage area. Surfacing. The open outdoor storage area is surfaced to control dust. Finding'According to the applicant's plans, the entire outdoor storage area will be surfaced with either concrete or bituminous pavement. 3 ~,.6_¢~_s..~_.~. The open outdoor storage must be an accessory use, as defined by Section 4.022 (1) of this Code, to a permitted or conditional principal use on the site. Finding: According to the applicant, the principal use of the property will be office/warehouse. The open and outdoor storage use will be accessory to the primary warehouse use. Setbacks. The open outdoor storage area shall not be located within any front yard or side yard abutting a public right-of-way. The open outdoor storage shall be set backfive feet from all side and rear lot lines and shall not be located within a utility or drainage easement. Finding: The proposed outdoor storage area will be located behind the principal building in the rear yard area and will not be adjacent to any public rights-of-way. In addition, the applicant's site plan shows that the outdoor storage area will be surrounded by a perimeter curb that will be located five feet from the property's boundaries. Required Space. The open outdoor storage area shall not utilize any required off- street parking, loading areas, or access space, required by Section 4.036(6)(a) and 4.037(4) of this Code. Finding:According to Section 4.036(10)(cc), the parking requirements for this use are one stall for every 300 square feet of office and one stall for every 1,500 square feet of warehouse. The applicant's plans indicate that the principal building includes 3,900 square feet of office area and 15,710 square feet of warehouse area. As a result, the site needs 23 off-street parking stalls. The applicant's site plan shows 27 off-street stalls, none of which will be located in the proposed outdoor storage area. Hazardous Materials. The open outdoor storage area shall not be used for storage of hazardous liquids, solids, gases, or wastes. This provision does not prohibit the property owner from obtaining a conditional use permit for the outdoor storage of propane or LP gas per Section 4.144(12) of this Code. Finding: The site plan indicates that the applicant intends to install a new 1,000 gallon propane tank in the southeastern corn of the site. This necessitates that the applicant apply for, and receive, a separate conditional use permit to allow the outdoor storage of a propane tank (see next section). 4 Refuse and Upkeep. The property owner shall keep open outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. Finding: Staff recommends that a condition of approval require the property owner to keep open outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. Outdoor Storage of Propane CUP. According to Section 4.144(12), outdoor storage of propane is allowed through approval of a conditional use permit. The propane tank may only be used by the occupant of the site, must be incidental to the existing principal use, and cannot be stored for wholesale or retail sale. In considering this request, the City Council and Planning Commission must weigh the following criteria. Location. All propane or LP gas outdoor storage tanks shall be located in the rear yard not less than 25 feet from any property boundary lines. No tanks shall be permitted in the front yard and side yard abutting public streets. Finding: The tank will be located in the southeastern corner of the site, approximately 44 feet north of the southern property line and 25 feet from the eastern property line. Open Area. Storage tanks shall be surrounded by 25 feet of open area. Storage of any kind is prohibited in said storage area, except equipment incidental to the storage tank. Approved parking areas must be setback 10 feet from any storage tank. Finding: The site plan included with the application shows the proposed propane tank setback 25 feet from the eastern property, 44 feet from the southern property line, and 258 feet from the existing building. Staff recommends that a condition of approval prohibit storage of any kind within 25 feet for the propane tank. Furthermore, this 25 foot area should be painted on the pavement surrounding the tank. Setbacks from buildings. Storage tanks shall be setback from existing structures, as outlined in the Uniform Building Code, base on tank size. Finding: The site plan illustrates that the proposed 1,000 gallon propane tank will be set back 258 feet from the existing principal structure. The City' Building Inspector should comment on whether this setback meets the standards called for in the Uniform Building Code. Circulatio_.. n. Storage tanks shall not interfere with site circulation including, but not limited to, parking, driveway, curb cuts and loading areas. Finding: As proposed, it appears that the storage tank will not interfere with vehicle circulation on the site. Fencing. A wire weave/chain link security fence shall be required around all storage tanks. The location of the fence shall be as per the Uniform Fire Code. Finding: The site plan shows a fence surrounding the entire outdoor storage area. The City Building Inspector should comment on whether this design meets the fencing requirements for the propane storage tank outlined in the Uniform Building Code. Access. Storage sites shall be accessible by services and emergency vehicles. Finding: As proposed, the propane storage tank will be surrounded by a fence. To insure that emergency and service vehicles have adequate access to the tank, the property owner shall provide both the Police and Fire Chiefs with the necessary keys to access the site. Valves. All filling valves of the storage tanks shall be enclosed and have locking devices. Finding: The applicant's plans do not provide details of the propane tank. The applicant shall submit plans detailing the tank, its valves, and their locking devices. Warninq Signage. A warning sign shall be required for every tank and shall be placed i~ a conspicuous location directly on the tank indicating a supplier's name, address, phone number, that highly dangerous and flammable material is stored therein and that no smoking requirements must be observed or a sufficient warning to that affect. Said signage may not exceed four square feet nor may it be used for advertising purposes. Finding: The applicant shall submit a warning sign plan in conformance with the standards outlined above. RECOMMENDATION Staff recommends approval of a condition use permit to allow outdoor storage that exceeds 20 percent of the principal building and a conditional use permit to allow outdoor storage of a propane tank. This recommendation is based on the materials included in this 6 application and the findings contained in this report. This recommendation is subject to the conditions listed below. o Resize the parking stall directly south of the disability stall to be at least 20 feet by 9 feet or designate it as the access aisle for the disability stall. The Planning Commission has determined an appropriate material for the trash enclosure. The applicant either relocate the snow storage area or replace the bituminous curbing along the designated snowstorage area with concrete curbing. The property owner shall keep the open outdoor storage area free of refuse, trash, debris, weeds, and waste fill. There shall be no outdoor storage within 25 feet of the propane tank. The properly owner shall paint a 25 foot radius around the tank, The propane storage tank shall be located in conformance with both the New Hope City Code and the Minnesota State Building Code. The property owner shall provide the Police and Fire Departments with copies of all key necessary to access the propane tank. The applicant shall submit and receive approval of plans detailing the tank, its valves, and their locking devices. The applicant shall submit and receive approval of a warning sign plan in conformance with Section 4.144(12)(8). po: Doug Sandstad Steve Sondrall Vince Vandertop Bruce Wallace, Tioga, Inc. City of New Hope EXHIBIT A Engineers & Archi%ects MEMO Bonestroo, Rocene, Anderiik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto Bonestroo, P.E. · Marvin L. Sorvala, P.E. · Glenn R. Cook, P.E. · Robert G. Schunicht, P.E. · Jerry A. Bourdon, P.E. Senior Consultants: Robert W. Rosene, P.E. · Joseph C. Andertik, P.E. · Richard E. Turner, P.E. * Susan M. Ebedin, C.P.A. Associate Principals: Howard A. Sanford, P.E. · Keith A. Gordon, P.E. · Robert R. Pfeffede, P.E. · Richard W. Foster, P.E. * David O. Loskota, P.E. * Robert C. Russek, A.I.A, · Mark A. Hanson, P.E · Michael T. Rautmann, P,E. · Ted K. Field. P.E. · Kenneth P, Anderson, P.E. · Mark R. Rolfs, P.E. · David A. Bonestroo, M.B:A. · Sidney P. Williamson, P.E.L.S. · Agnes M. Ring, MB,A., · AJlan Rick Schmidt, P.E. Offices: St. Paul, Rochester, Willmar and St. Cloud, MN · Milwaukee, WI Website: www. bonestroo.com TO: FROM: CC: DATE: SUBJECT: Kirk McDonald Vince Vander Top Mark Hanson Guy Johnson February 26, 2001 9201 International Parkway, Tioga Air Heaters Our File No. 34-Gen E01-05 We have received the revised Site Plan, revised Grading, Drainage, & Erosion Control, and Drainage Calculations and documentation. The following comments relate to this information. The site plan shows bituminous curb. The plan also shows snow storage behind the entire length of the bituminous curb. A propane tank is shown at the south end of the new lot. It is recommend~ed that the propane tank be relocated approximately 50 feet north along the west curb line. This will allow snow to be plowed from the new lot directly into the new stormwater pond and not into the wetland. If snow is plowed and stored behind the entire length of curb, it is recommended that concrete curb be provided. Plowing against and over bituminous curb will break and ruin the curb. It is recommended that concrete surmountable curb be provided along the south edge of the new parking lot to facilitate snow plowing. It is recommended that a maintenance agreement be established for the pond to assure sediment and debris are removed periodically. o No filling or grading is allowed in the wetland. A wetland delineation report must be submitted and approved prior to construction. The report should be completed in the spring as conditions allow. If the proposed plan conflicts with the findings with the delineation report, revisions will be required including possible mitigation. The pond size and supporting calculations indicate that the pond is sized sufficiently to treat the runoff from the existing and proposed pavement. Treatment will be to NURP standards. 2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311 o Please The outlet culvert from the'wetland must be sized to carry runoff from a 1 O-year event (min.). The invert will be placed at the NWL of the wetland. This elevation will be determined in the spring as part of the delineation. Rip rap should be provided by the culvert outlet. Trash guards are not required on this culvert. A protect-ed 100-year overflow must be provided at the south berm of the pond into the existing drainage ditch. The overflow must be protected with rip rap. The elevation of the overflow must be identified. It appears that the existing HWL in the wetland is probably in the range of 890.0 to 891.0. The proposed pond grading will increase the 100-year HWL to possibly 892.0. The applicant must demonstrate that this will not have a negative impact on the adjacent property to the west (i.e. increase the potential for flooding). The applicant must receive approval for the construction of the ponds from Shingle Creek Watershed. It appears that the proposed constmction -will meet their requirements. It is recommended that the pond area be restored with native wetland plantings and grasses. The wetland on the property is identified as a high priority wetland in the City's Wetland Inventory. contact me at 651-604-4790 if you have questions. 2335 West Highway 36 ~ St. Paul, MN 55113 ~ 651-636-4600 ~ Fax: 651-636-1311 WEST METRO FIRE-RESCUE DISTRICT Serving the Citit~ eCr. ystal elVt~v Hope MEMORANDUM Toe Kirk McDonald ' Fztma: Randy Kurtz Date: March 13, 2001 ~ 9201 International Parkway After reviewing the plans for Tioga Inc. a few items need to be addressed from our side of thins. 1) Due to the type of operation we are requ,r, ng the sprinkler system to be evaluated by a licensed sprinkler contractor. A copy of this evaluation shall be sent to the fire department for review. 2) Sprinkler system shall be monitored and have a dedicated phone line. 3) A master key for the building and key for the gates will be placed m the fire department lock box located above the fire-department connection. 4) The driveway entrance and west curb shall be painted yellow and no parking fire lane signs erected every 75 feet. $) The plans do not show where the 16,000 sq ft. outside storage to be placed. 4251 Xylon Ave N. New Hope, MN 55428 Voice 763.537.2323 Fax 763.537.5333 Certificate of Title Certificate Number:. 1017831 Transfer From Certificate Number: 806661 Document Number: 3107728 Originally registered the 6th day of September, 1945. State of Minnesota '~ S.S. County of Hennepin J Book: 307 Page: 95085 REGISTRATION Dist. Court No.: 6606 This is to certify that Citizen Printing, LLC. a Wisconsin limited liability company, 805 Park Avenue, City of Beaver Dam, County of Dodge, State of Wisconsin is now the owner of an estate in fee simple in the following described land situated in the County of The West 168 feet of Lot 2, Block 1, Scieng Subject to the interests shown by the namely: 1. Liens, claims, or rights arising require 2. Any real propert~ 3. Any lease for 4. All rights in public highways upon ~ land;, --- - 5. Such right of appeal or right to ap '~1~ and contest 6. The rights of any person in posses ',s~. under 7. Any outstanding mechanics lien rigb~ Document i Document I Date of Registration Number i Type i Month Day, Year Time 981383 Quit Claim Deed ~ Oct 29,1970 04:00 PM 113454Q Easement Mar 12,1975 02:20 PM 2507168 Mortgage Apr 26,1994 09:00 AM 2516433 Financing i May 18,1994 05:(~0-1~M Statement '~¥26662 Mortgage ~ Feb 25,1999 03:00 PM 3180749 Satisfaction of . Jul 14,1999 11:~-'~M Mortl~a~e ~; ~245766 Change of Name Jan 18,2000 03:¢~0-PM 3329~4-7~ Amendment 5f Mortgage , to wit: ,'%, has not forth in Minnesota statutes chapter 508, state cannot the'~ts of the certificate of title; f ~t~ cer~____~%ts of title; ' 375.000.00 730,000.00 Running in Favor of Big-Save Fumiture Inc. (a MN corp) Granting a non-exclusive easement for spur trackage purposes now over pt of above land (See Inst) Between The Knutson Companies, Inc., Benson-Orth Associates, Inc. & Northern Development Corporation. Granting a nonexlusive easement for railroad spur track purposes over pt of al:ore land (See Inst) First Bank (N.A.) 201 W Milwaukee Ave Milwaukee, WI Firstar Bank of Milwaukee, N.A. Made by Citizen Publishin~ Company of Wisconsin, Inc. (List) Firstar Bank Milwaukee, N.A., 777 East Wisconsin Avenue, City of Milwaukee, State of Wisconsin Satisfies document no(s). 2507168.0 Changing the name of Firstar Bank Milwaukee, N. A. to Fim~r-~, National Association. Entered Nov 1 2000 at 3:00 p.m. Nov 01~)~00-~:~:00 PM--?~5i~-0~0~ ..... B~e~r~-~fi-~,~'--P~r~'l~hg, LLC and Firstar Bank, N.A. Re: Mtge Doc. No. 3126662. Amending sd Mtga by increasing amounL ....................... .(_Se~_/nst) Page I of 2 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office this 11th day of January, 199~ Michael Cunniff, acting Registrar of Titles, In and for the County of Hennepin and State of Minnesota. Certificate Number: 1017831.0 Page 2 of 2 ~Znd Ellis ]lnbtnturf:. ~b ~ ..........: .............. ~., o/o~.~.~ ........ ~9 ~_ .. ~ __T~s..~~~,.--~ ........................................................... ......... ..................... -~ - · ................... ~~ ........................... f.C~'~ ........ ~~ ~ ~ol~o~ ...................................................................... . _~ ~~0Q~-a~od-~~-c~z~- A n~xcl~ve e~e~nt for spur cremate pu~oses over ~d ac~ss the ~aC art of ~ts A ~d 6, Block 3, Scien~ ~dusc~ Center, being a /eec Nonvoters7 tin.urea ~8 s~u n~.~,-~ ~t 6' th~ 3ou~ster~ 2~5~ ~e~t ~1~8 ~ l~e If.expound co~qr, of satd~ _. , oroa~a ~c ~ at a po~t ~e~ a~st~c w~a ~te~ecg ~ AouC~esCerly .~e 'd S u~es~glv ~e) f~ ~e S~u~- 527 feet No~s~rly (~u~d ~g ~..~ ._ . ~-~i[ ... ~ -o~t of of C~ ~terltne co be · beS~$ ~ a t~ ~tt~ ~ to ~e left, - ~ce Ho~stetl , 98.23 ~eeC, ~ ~ee~, ~ ........... ~ et~ thence Nor~ster~y ~S a c~d ha~ a ~adl~ of 399.05 ~eet; a diet.ce of 2J5 feec ~d ~e~ FoE pu~oseo of this ~scrtpCl~ ~e Sou~ l~e o[ sald BI~ 3 ts ~s~d to bear ~ ~'02' ~t. ~8e~ns ,.,,co pag~ of the first pert ~e right to ~e s~d e~t ~d to c~otgucc a runoff ~e~fron. STATE DEED TAX DUE HKREOtq $2,20 -~ . : ~ ~; tn:~rsaCC~On ~ the Xortharly lt~'~ .a~t~-~ ~'.~,~h~a line e.~: :aah: ~ tascribeC it~ Docu~nC I;o. }8I~')'/i~l ~ the ,;. '., ~:,~. 081383 ~ad L%, No=CI.:~I. llno of ~al,l Lot ~. (Said ~'- ~;' 'r .~ i.~ her.. ;.~ ~ft.,,' .' tl I. ' "t'., ~: .,r Tr.]cl, i'r )[,ert.~ ")1 ant .L .THC., a ' : 2. ~s~ ~rtharn for the jo~t'~.~ne~t ' " .... 8~curc, l~c~te an~ con~r~ a c~ect~d, ~ktns ~ ,~Pe~ :' r~tlro~ ~per ~ra~k ovec Un,il ouch c~o3~n~, ~c~o~. and its su:cessors and assigns, s~l retain .Ca) ~ HENNEPIN COUNTY HAZARDOUS WASTE-GENERATOR LICENS ' 1,1,1,,I,1,,I,,I,,I,1,11,,,',111,,,111,,,,I,1,,I,1,11,,,11,,,I JIH WAATAJA TIO6A, INC. 850 FLORIDA AVE S GOLDEN VALLEY HN 554Z6-1705 . Site Name and Address TIOGA, INC. 850 FLORIDA AVE S GOLDEN VALLEY MN 55426 Company Site II): 00014009 05301746 SIC: 7359 Generator Size: VERY SHALL QUANTITY GENERATOR EPA ID: HN0-000-638-098 License Period: 05/01/2000 thru 04/$0/2001 has paid the sum of $207.00 to the County of Hennepin as required by Hennepin County Hazardous Waste Hanagemen~ Ordinance. Number Seven and has complied with ~he requirements of said Ordinance necessary for obtaining this license. The amount above includes a $8~ surcharge of 957 O0 payable to= MINNESOTA POLLUTION CONTROL AGENCY. ' The above named company therefore, by authority of the Hennepin County Board of Commissioners, and by v~rtue hereof, is hereby licensed and authorized to operate a hazardous waste generating facility at the above named location in accordance with management plans filed as of this date. The license is non-transferrable, and the licensee is sub,oct to all. conditions and provisions of said Ordinance, Minnesota Rules 7045, and the approved License application as filed.with the County. Please refer to MN Rule 70qS.024~ subp. ~ items A to J for general licensing conditions. Date Issued: 04/17/20.00 Gregory B. Lie Pr/nc/pal Environmental/st THIS. LICENSE MUST BE POSTED AT THE LICENSED SITE Hennepin County Department of Environmental 'Services 417 North 5th Street, Minneapolis, Minnesota 55401-1397 AIR HEATERS AH-9 AH-4 Compact, powerful, efficient and incredibly reliable... ~oga's AH Series heaters are all this and more! For starters, they're installed outside of your building, so unlike recirculating designs, they don't take up valuable floor space or burn up precious oxygen. And because they pressurize the building, you get cleaner heat, better circulation and you virtually eliminate moisture problems. Plus, every ~oga heater exceeds government safety standards. Some key feoturee: · Low-pressure natural gas or vapor propane. Five models -- 500,000 BTU to 1,500,000 BTU. Up to 9,000 CFM. Duct heat up to 200 feet -- Flexible, fabric, ri§id and insulated duct styles available. Safe. Extremely reliable -- Most dependable heater money can buy. Perfect temporary heat source -- For construction, emergencies, industrial, mining, a§riculture and more. Guaranteed 20D~F. outlet temperature -- With ambient (outside) air at 0° F. TI()GA® AIR HEATERS Safebj First! Fire Eye® flame control. Heavy duty 10,000 volt transformer for positive ignition. High-limit temperature shutoff. Arctic wiring. Easy access gas train! Gas trains on all models include dual safety-shutoff valves. Duct heat up to 2DD feet! A variety of duct styles are available, including: flexible, fabric, rigid, insulated and non-insulated. AH-9 pictured with custom fabric duct. Specifications MODEL AH 4 AH 5 AH 7 Length (inches) 53 ~ ...... 58. 65.5 Width [inches) 27 27 34 Height (inches) 28 ......... 34 40 Weight (lbs.) 300 340 600 CFM 1,800 ....... 3,000 . 4,000 BTU/HR 450,000 500,000 750,000 Outlet Temperature, 200° E L · ~ ~ 200° E 200° E Fuel ** NG,VP NG,VP NG,VP Power 1 lOV-lph ' 220V-1ph 220V-1ph 220V-1 ph 240V-3ph 240V-3ph AH 9 AH 15 65.5 72 34 47 40 47 690 1,000 5,OOO 9,O00 990,000 1,500,000 200° E 200° E NG,VP NG,VP 240 V-lph 240V-3ph 240V-3ph *Outlet temperature measured with ambient (outside) air at 0° F. ** NG = Low-pressure Natural Gas, VP = Vapor Propane TI()GA® AIR HEATERS HEADQUARTERS: BRANCH OFFICES: 850 Florida Ave. So. · Minneapolis, MN 55426 Columbus, OH · Chicago, IL (612) 525-4000 · FAX (612) 525-9796 Waterloo, IA · Casper, WY Toll Free: 1-800-21.1ioga Boulder, CO · Salt Lake City, UT (1-800-218-4642) Fairbanks, AK OPTIONS: Push handle, intake extension, caster wheels, 3ph motor, multiple-discharge outlet, remote thermostat. ALSO AVAILADLE: Gas hose, fans, blowers, vaporizers, lights, portable self-contained heaters. Features & specifications sublect to change without notice Printed in USA Clean. Safe. Efficient. Features include: Fire Eye® flame control, high-limit temperature shutoff, dua~ safety-shutoff and hydramotor valves, arctic wiring, and much more. AIR HEATERS DF-21 DF-6 Duct heat up to 500 feet. Backward-incline fan (shown with transition) is more energy efficient and can push air much further than forward-curve or blade designs. Also shown are remote and internal temperature sensors and airflow safety-shutoff. Hot air, and lots of it... that's why you want a lioga DF Series. They're guaranteed to deliver at least a 200° F. outlet temperature* and specified CFM at 3" static pressure -- that's a claim our competitors can't make. Models with hotter outlet temperatures and up to 8" static pressure are available. Thirty-five years experience selling and renting heaters assures your ~oga will be one of the safest, most reliable pieces of equipment you'll ever use. All ~oga heaters exceed government safety standards. Some key features: · High-pressure natural gas or liqiud propane models with self-vaporizing burners. Low-pressure natural gas and vapor propane also available. · Duct heat up to 500 feet -- We can provide complete systems & engineering support. · Six models -- 500,000 BTU to 4,500,000 BTU. Up to 21,000 CFM. Higher CFM & BTU are available. · Thermostatically-controlled burners -- For maximum fuel efficiency. · Perlect temporary heat source -- For construction, drawing frost, oil fields, emergencies, ihdustrial, mining, agriculture and more. *Measured wis ambient (outside) air at O°F. It3 the sma~ way to heat? ~eacecs ~haC use aJp inside a bu~l~ing fop combustion add ~oiscupe and oGo~ ~o the aic. This can c~ea~e sepious p~blems, especially w~en ~oJn9 i~epiop fi~is~i~. ~ series ~eaCeps use o~side aip top combustion a~G duc~ the ~ea~ ioco the h~il~i~g. ~Js way you p~ss~Hze the ~[l~J~g ~o exJs~m0 aip is pushed ou~ ~y clean, G~ heace~ alp. (DF-2~ pictu~d) Drew frost prior to pouring concrete. This DF-11 helped the contractor finish the project three weeks ahead of schedule! Whether you need heat for thawing the ground, personnel or equipment, you simply won't find a better engineered, more depend- able line of heaters. Your choice of burners. Check your local codes. Fuel-efficient, state-of-the- art burners are all we offer. Depending on local codes, you may be able to use a liquid-propane burner and eliminate the cost of a vaporizer. Low-Pressure Natural Gas or Vapor Propane Sell-vaporizing liquid propane burner. ® AIR HEATEI{S TI()GA® AIR HEATERS Install heater outside your building? Duct heat up to 500 feet? DF Series heaters don't take up valuable floor space or burn up oxygen inside your building like recirculating designs, A variety of duct styles are available, including: flexible, fabric, rigid, insulated and non-insulated. (DF-17 pictured) Specifications MODEL Le~gth (inches) Width (inches) Height (inches) Weight cFM BTU/HR Outlet Temp.~ Fuel ** Power DF 6 DF 9 DF 11 DF 17 DF 21 132 164 168 176 186 46 64 72 84 90 48 68 72 89 96 1,600 2,200 2,500 3,900 4,500 6,000 9,000 11,000 17,000 21,000 1,200,000 1,800,000 2,500,000 3,500,000 4,500,000 200° F 200° F 200° F 200° F 200° F ALL LP, HPN ALL ALL ALL 220V-1ph ~ 220/440V - 3ph ~ 240V-3ph HEADQUARTERS: BRANCH OFFICES: 850 Florida Ave. So. · Minneapolis., MN 55426 Columbus, OH · Chic'ago, IL (612) 525-4000 · FAX (612) 525-9796 Waterloo, IA · Casper, VVY Toll Free: 1-800-21-3io0a Boulder, CO · Salt Lake City, UT (1-800-218-4642) Fairbanks, AK Features & specificatJons subject to change without not, ce Pnnced in U.S.A. AIR HEATERS Heating workover rig. IDF 3 SCO Heating tank prior to painting. IDF 6 SCO PORTABLE/INDIRECT-FIRED Heat. Anytime. Am/where. Tioga portable heaters are so fuel efficient, compact and safe you can use them to heat almost any- thing: concrete pours, construction projects, bridges, tanks, planes, buildings, mines, drilling rigs, clean rooms, hazardous storage sites, warehouses, tents, orchards and much more. They have a built~n generator, so you don't need an external power source. Built-in fuel tanks allow unattended operation for over 24 hours. The true measures of a heater's performance are outlet tempera- ture and air volume, especially against static pressure (the resis- tance created when heat is pushed into a confined space, like a build- ing or duct work). Compare... Nobody beats Tioga in these critical areas! They're so well engineered we guarantee at least a 200°F temperature rise using outside air at 0° F. Duct heated air up to 500'. Backward-incline blower pushes air further and is 30% more efficient than forward-curve blade designs. Heavy-gauge metal walls. Over 24-hour fuel tank allows unattended operation, power tools, light towers Heat exchanger is easily removed. Firetube is made of 309 stainless steel and has 5-year warranty against burnout High-efficiency burr minimizes fuel consumption, Heavy-duty trailer with pintle hitch, brakes ar,4i running lights. Duct heat up to 500 feet on most models. Many duct s~ytes are available [flexible, fabric, rigid, insulated and non-insulated]. IDF 3 SCO. /DF ?. 8 SCO shown with optional duct storage rack and tsndem wheels. Its 5. 5 KW generator is in a weathertight enclosure. IDF B $CG shown with optional B-duct outlet and light tower. Light towers with up to 5GO, O00 lumens are available. Generators up to £SKW can run power tools, light towers and more. A variety of brands are available. VVeathertight enclosures are standard. Heat being ducted into an enclosed "tent" to speed curing of a concrete pour at a remote site. IDF I.B $C0. Raise skin temperature of bridges and tanks to warm surfaces for painting. Can also use in conjunction with dehumidifying equipment (in some climates a heater may be all that's required]. AIR HEATERS Standard Equipment · Over 24-hour fuel tank (mounted separately under heater for safety). · Heavy-duty Lister® MacTM generators (others available). · 5-year warranty against firetube burnout. * · Full firetube and separate heat exchanger tubes. · 6-ply tires (tandem on 6 SCO) · Electric or hydraulic brakes. * · 120V outlet for power tools. * · Arctic wiring -- good to -80°E · Heavy-duty arctic battery. · Trailer and running lights. · Duct heat up to 500 feet. I I I · Ground fault interrupt. · Removable heat exchanger. · Heavy-duty pintle hitch. * · Four-inch fuel filter. * · Backward-incline blower.* · Flame safety control. · High-temperature shutdown. Options: · Multiple-duct air outlet -- lets you duct heat to more than one destination. · Light tower. · Thermostat control. · Engineering assistance sizing the heater for your specific project. · Heavy-duty oil and fuel filter. · Double-wall insulation. · Heavy-duty tongue jack. · Up to three [3) inches static pressure.* * IVo~ on/DF 1.8 · Low-noise cabinet. · Skid mounting. · Complete, custom-designed duct systems (flexible, fabric, rigid, insulated and non- insulated). · 50 HZ electrical system. Specifications MODEL IDF 1.8 SCO IDF 3.0 SCO Length (inches) 149 162 Width (inches) 96 96 Height (inches) 99 100 Weight (lbs.) 2,800 5,250 CFM 1,800 3,000 BTU/HR 250,000 - 500,00 600,000 - 900,000 Outlet Temperature* 200° F. 200° F. Fuel Diesel Diesel Power ** 120V/240V, 1 ph 240V/480V, 3ph Genset (Diesel) 5.5 KW 7.5 KW IDF 6.0 SCO 20O 96 121 7,700 6,000 1,200,000 - 1,500,000 200° E Diesel 240V/480V, 3ph 15KW IDF 11 $C0 30O 96 124 9,800 11,000 2,400,000 200° E Diesel 240V/480V, 3ph 25 KVV Outlet temperature measured with ambient (outside) air at 0° E ** 50 HZ electrical system available with all models. AIR HEATERS HEADQUARTERS: 850 Florida Ave. So. · Minneapolis, MN 55426 (612) 525-4000 · F~ (61~J 525-9796 8ranch offices nationwide. Call toll-free for location nearest you. Toll Free:. 1-800-21-Iioga (1-800-218-4642) www.tioga-ioc.com Feat~es & sPeC~fir.~im~s subject to c~ange wi~out ~ot~ce. R'inted in U,S.A. AIR HEATERS Two IDF 21 's heating a malting kiln. Heating.drilling rig. -* -. . JDF 2~' PREFERRED HEATER IN ALASKA. INDIRECT-FIRED People that truly know heaters will give you lots of reasons why a Tioga lasts longer and performs better. But what really impresses them the most is summed up in 2 words...They're Hotter! The most important criteria experts use to measure a heater's performance are its outlet temperature and air volume, espe- cially against static pressure (the resistance created when heat is pushed into a con- fined space, like a building or ductwork). Compare a Tioga to any competitors' heater using these specifications and you'll see why we're #1. · Guaranteed 200° F. temperature rise using outside air at O° F. · Only indirect-fired heater that can use 1OO% outside air or be recirculated. · Safer and cleaner! No combustion by-products or added moisture in the airstream. · Duct heat up to 500 feet. Many duct styles are available (flexible, fabric, rigid, insulated and non-insulated). · Backward-incline blower uses up to 30% less horsepower, has non-overloading horsepower curve. · 5~year warranty against heat exchanger burnout, an industry first! Raise skin temperature of bridges and tanks to warm surface for painting. Can also use ~n con]unction with dehu- midifying equipment (in some climates a heater may be all that's required). IDF 1 1 heating entire building and conveyors at coal process- ing plant. Backward-incline blower pushes air further and is 30% more efficient than forward-curve blade designs. TESI I)! PREFERRED HEATER IN ALASKA. 309 stainless steel heat exchanger for longer life and higher operating temper- atures. IDF 21 heating drilling rig. TI()GA® AIR HEATERS Standard Equipment · Five year warranty against firetube burnout. · Full firetube, made of 309 stainless steel. Separate heat exchanger tubes, · Flame safety control. · High/Iow fire burner. · Thermostat control.* · High-temperature shutdown. · Backward-incline blower pushes air luther and is 30% more efficient than forward-curve blade designs. · Duct heat up to 500 feet. Many duct styles are available (flexible, fabric, rigid, insulated, and non-insulated). · Purge cycle for greater safety. Specifications · Three (3) inches of static pressure (Up to eight (8) inches available). · Quick-disconnect box -- NEMA 4. Options: · Dual-fuel burners (oil & gas). · Up to eight (8) inches static pressure. · Spark arresters on air outlet and chimney. · Over 24-hour fuel tank. Allows unattended operation. · Full modulating burnen · Remote thermostat. · 50 HZ electrical system. · Arctic wiring -- good to -80° E · Heavy-duty fuel filter. · Approved for MSHA applications. * Op~onal on IDF 1.5, /DF 1.8 and/DF 2.£ · Multiple-duct air outlet. Lets you duct heat to more than one destination. · Return air plenums for recirculating air. · Complete, custom-designed duct systems (flexible, fabric, rigid, insulated and non-insulated). · Engineering assistance sizing the heater for your specific project. · Lifting hooks. · Custom skids. MODEL IDF 1.5 IDF 1.8 IDF 2.2 IDF 3 IDF 4 Length (inches) 76 76 108 120 120 Width (inches) 30 30 35 72 72 Height (inches) 45 51 59 74 84 Weight (lbs.) 1,500 1,500 1,850 3,500 4,500 CFM 1,500 1,800 2,200 3,000 4,500 BTU/HR 250,000 450,000 500,000 900,000 1,000,OOO Outlet Temp.* 200° E 200° E 200° E 200° E 200° E Fuel ** Diesel Diesel Diesel Oiesel Diesel NG,VP NG,VP Power **~ 120V/240V 240/480V 240/480V 240/480V 240/480V t ph 3 ph 3 ph 3 ph 3 ph IDF 6 IDF 11 IDF 17 IDF 21 169.5' 188 336 425 80 96 96.5 96.5 79 96 112 112 5,500 8,200 14,000 22,000 6,OOO 11,000 17,000 21,000 1,400,000 2,500,000 3,500,000 4,500,000 200° E 200° E 200° E 200° E Diesel Diesel Diesel Diesel NG,VP NG,VP NG,VP NG,VP 240/480V 240/480V 240/480V 240/480V 3 ph 3 ph 3 ph 3 ph Outlet temperature measured with ambient [outside] air at 0° E ** NG = Natural Gas, VP = Vapor Propane. *** 50 HZ electrical system available with all models. TI()GA® AIR HEATERS HEADQUARTERS: 850 Florida Ave. So. · Minneapolis, MN 55426 (612) 525-4000 · F~X (612) 525-9796 8ranch offices nationwide. Call toll-free for location nearest you. Toll Free: 1.800-21-1ioga (1-800-218-4642) www. tioge-inc.cem Fea~ms & specifications subject to change without rm=ce. Prirged in U.S.A. '13 ITl m 0 >-~ "~m t- O MA~-~0-~001 NAC 612 595 9857 P.02/05 5775 Wayzata Boulevard, Suite 555, St. Louis ParK, MN 55410 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com MEMORANDUM TO: FROM: DATE: RE: FILE NO: Kirk McDonald Alan Brixius March 29, 2001 New Hope Zoning Ordinance Industrial Setbacks i31.00 - 00.05 BACKGROUND In conversation with the Community Development Director, issue has been raised with regard to industrial setbacks and the changes that have occurred in the updated Zoning Ordinance. In drafting the Comprehensive Plan, the objective of the City was to accommodate in-place expansion of the community's industrial land uses to promote expanded tax base, local job opportunities and renovation of existing properties. In this respect we examined the setbacks in all of the zoning districts and made modifications to provide more land for buildings and use. In the Industrial District we have made changes to the setbacks to encourage similar redevelopment. EXISTING STANDARDS In review of the current industrial standards the following setbacks apply: i-1 D_is_tdct Existin.q Setbacks · 50 foot front yard setback · 20 foot side yard setback · 35 foot rear yard setback Additionally in section 4.0344a, additional setback is required where non-residential principal structures are adjacent to residential districts. In a case of a limited industrial district, the minimum side and rear yard setback is 75 feet. In the case of general industrial setbacks, the minimum side and rear yard setbacks are 100 feet. M~R-30-2001 13:31 N~C 612 595 983? P.03/05 In the proposed Zoning Ordinance Update, the following setbacks are suggested within the I District: ! Distri~_Proposed Setbacks · 30 foot front yard setback · 30 foot rear yard setback · 10 foot side yard (interior) · 30 foot side yard (comer) Where an industrial district abuts an R-t or R-2 District, a 20 foot side yard setback is required. In making these suggestions staff discussed at length the potential for building expansion with the new setbacks. Additionally concern was raised as far as proximity of industrial land uses to residential neighborhoods. However, we feet that the building placement in closer proximity to a residential property line allowed the City Staff to utilize the building in a manner to buffer outdoor activities such as loading, trash, outdoor storage etc. The placement of a building with a lesser setback in addition to landscaping provided us a greater opportunity to ensure a more compatible land use pattern. The building itself serves as the most effective screening device that we can utilize to ensure that this will occur. Under the current Ordinance, with the 75 and 100 foot setback, these areas would likely be utilized for parking, truck maneuvering, outdoor storage etc. There is no prohibition in our current Ordinance that would prevent these outdoor activities from occurring within the required setback area. OFF-STREET LOADING Section 4.037 of the ~urrent Zoning Ordinance addresses regulations concerning off- street loading. One of the provisions, 4.0372c, requires a setback that no loading birth for non residential use shall be closer than 100 feet from a residential district unless it is located within a structure. This setback is proposed to be repealed in the updated Zoning Ordinance. in light of issues that were identified by the Community Development Director, it may be in the best interest of the Planning Commission and City Council to maintain the 100 foot setback for loading areas while reducing the building setback to ensure that placement of the loading docks would occur away from residential properties with the building serving as the buffer as previously identified. If you have any further questions regarding this matter, please contact me at your convenience. TOTRL P.03 Planning Case: Petitioner: Address: Request: PLANNING CASE REPORT City of New Hope Meeting Date: April 3, 2001 Report Date: March 30, 2001 99-06 City of New Hope 4401 Xylon Avenue North Public Hearing to Consider Ordinance Recodifying New Hope Zoning Code I. Request This is the public hearing to consider an Ordinance Recodifying the New Hope Zoning Code. The complete updated ordinance was distributed for the last Planning Commission meeting on March 6 and staff did not reproduce another copy since that meeting, as there were no changes. Please bring your Zoning Code Update notebooks to the public hearing. If you need another copy, please contact staff and we will be glad to provide you another copy. II. Process The City's Planning Consultant, Alan Brixius, from Northwest Associated Consultants, will be making the presentation on proposed revisions to the Zoning Code and Zoning Map. Staff recommends that after the presentation and comments from the Commission, that adequate time be given for public comment and input. Staff is unaware how many persons will be in attendance at the public hearing, but have received comments from several persons with concerns about several of the changes. If the Commission feels that more research is needed on specific subjects after public comment is received, one alternative is to table the ordinance until issues can be addressed. If there are no major concerns from persons in attendance at the public hearing and the Commission recommends approval of the recodification, the Zoning Code Update would proceed to the City Council for consideration on April 23. III. Notification Over 1,350 legal notices were mailed to property owners who either own or live within 350 feet of property that may be impacted by the proposed zoning changes. This would include all commercial and industrial properties and residential-office properties. Notices were also mailed to all cities adjacent to New Hope's boundaries, including Crystal, Golden Valley, Plymouth and Brooklyn Park. Staff has only received about a dozen phone calls asking questions about the notice and all calls were answered without a great deal of concern expressed after staff explained the intent of the code update. Staff is aware of only two residents at this time, who will be attending the hearing with questions or issues: 1) Recreational vehicle storage issue -Staff made the Commission aware of this at the March Planning Commission meeting and has sent the attached correspondence to and has had conversations with the property owner. The property owner seems agreeable to locating the vehicle in the side yard in the future, but may have questions about short-term storage on an interim basis. 2) Reduction of setbacks in industrial zoning district - The City has been dealing with a resident who abuts an industrial district and has complained about noise issues. The resident has concerns about reducing the setback requirements in the industrial district and has retained legal counsel to represent her and will be in attendance at the meeting. Staff has explained that this is a recodification of the code to encourage in-place expansion and retention and that the noise issues can be regulated under the noise ordinance. IV. Background ~-,~ Over the past 1~ years, the City has been working on updating all of the Zoning Code regulations to make them consistent with the recommendations of the Comprehensive Plan Update, which was adopted in 1999. A Zoning Code Update Committee was formed that included representatives from the Planning Commission, Citizen Advisory Commission, Planning Consultant, City Attorney, and city staff. The Committee met a number of times and reviewed the Zoning Code section by section and reviewed recommendations made by consultants and staff. Throughout this process, as a section was completed by the Committee, it was forwarded to and reviewed by the full Planning Commission. The Zoning Code Committee completed its review in May 2000, and its final recommendations were reviewed with the Planning Commission in June 2000. In August and October 2000, city staff and consultants met with the City Council in three Council work sessions to review the entire Zoning Code and the recommendations for changes. The Council identified issues that it had questions on and/or wanted more research conducted. Staff/consultants met with the Council in a final work session on the Zoning Code on February 20, 2001. The City Council has directed staff and the Planning Commission to proceed with a public hearing on the updated regulations. At the March 6 Planning Commission meeting, the Planning Consultant reviewed a final draft of the code with the Commission and the Commission was agreeable to proceeding with the public hearing. As you are aware, at the last Council review of the code update, the City Council determined to retain the R-O Zoning District for the Prudential property on Bass Lake Road. Being that the R-O District is being retained, subsequent to the March Planning Commission meeting, city staff and consultants have reviewed all of the R-O properties in the City and made recommendations as to which ones should remain under the current designation and which ones should be changed. Staff has also made some other recommendations on either correcting Zoning in response to how the property is actually developed (example: new twinhome on Bass Lake ROad) or in grouping contiguous parcels under one zoning designation as recommended by the Comprehensive Plan for future redevelopment purposes (example: the two parcels at the northwest corner of 36th and Winnetka). All of these recommendations were reviewed with the City Manager and are outlined in the attached Planner's Report. The legal notice sent to property owners describes significant changes the new ordinance will have upon its adoption. This list is not intended to describe all the changes included in the ordinance but only those considered significant in the opinion of the city staff. 1. Updates the zoning code to be consistent with the City's 1998 Comprehensive Plan to encourage private redevelopment of existing homes and businesses. 2. Renders the zoning code format more user-friendly for City staff, City Council, Advisory Committees and local residents. 3. Renders administration of the zoning code simpler and more efficient. 4. Reduces the number of zoning districts in the commercial and industrial area by combining the B-1 and B-2 districts into a new LB Limited Neighborhood Business District, combining the B-3 and B-4 districts into a new CB Community Business District and combining the I-1 and I-2 districts into a single Industrial District. 5. Creates a new RB Residential Business District to rezone select RO districts as RB districts and provide expanded non-automotive commercial opportunities in said districts. 6. Reduces building setback requirements in the residential, commercial and industrial districts to encourage expansion in existing properties. 7. Increases density in all residential districts'except the R1 Single Family District by reducing lot sizes. Planning Commission Report 99-06 2 March 30, 2001 VI. 8. Increases building heights in high density residential, commercial and industrial districts conditional upon compliance with all code regulations. A memorandum was also included with each notice that provided a brief description of the changes within each district, as follows: · R-l, Single Family Residential District. R-1 Zoning District covers most of the single-family neighborhoods in the City. The district has not been changed with regard to land uses or lot size. Some reduction to required setbacks have been made to offer property owners some opportunities for home expansion. · R-2, Single Family and Two Family District. The changes in the R-2 District reduced the lot area and lot width requirements. These changes were made to reduce the number of non-conforming R-2 properties and to promote redevelopment. · R-3, Medium Density Residential District and R-4, High Density Residential District. The changes in these multiple family zoning districts increase the permitted densities of the various housing types and increase the building height within the R-4 District from four stories to seven stories. These changes were made to promote major reinvestment and/or redevelopment of the existing multiple family housing sites. · R-O, Residential Office District and R-B, Residential Business District. These zoning districts allow for a combination of residential and limited commercial land uses. The R-O District has been changed through increased residential densities and building height. Seven of the existing 19 sites will remain R-O. The new R-B District allows for expanded neighborhood commercial land uses that will provide greater use alternatives for eight of the existing R-O sites. · LB, Limited Business District. The LB Zoning District replaces the previous B-l, Limited Neighborhood Business District and the B-2, Retail Business District. Through combining these old districts, the City intends the LB District to provide a broad range of neighborhood commercial land uses in contiguous land use patterns. · CB, Community Business District. The CB Zoning District replaces the previous B-3, Auto Oriented Business District and the B-4, Community Business District. This single business district encompasses a full range of business uses intended to serve the entire community. · I, Industrial District. The I Zoning District combines the previous I-1, Limited Industrial District and the I-2, General Industrial Zoning District. The new I, Industrial District includes reduced setbacks that offer in-place expansion of the City's existing industries. As a fully developed community, the Zoning Ordinance update focused on changes that serve to promote reinvestment within the City. In this regard, the district changes, as well as changes in building setbacks, parking standards, and building heights, are intended to provide property owners the opportunities to expand or renovate their homes or businesses. Planner's Report The Planning Consultant has prepared the attached reports. Please review them as they contain all of the final recommendations from staff. The first report provides specific details on the changes proposed in each section of the Zoning Ordinance. The second report outlines recommended changes to the Zoning Map and a draft copy of the proposed map is attached to this report. Recommendation Pending input received at the public hearing from property owners and responses to questions or concerns from the Commission, staff recommends approval of the recodification of the Zoning Ordinance. Planning Commission Report 99-06 3 March 30, 2001 Attachments: · Public Hearing Notice and Memo · March 27, 2001, Planner's Report: Zoning Ordinance · March 27, 2001, Planner's Report: Zoning Map Changes · April 2, 1999, Zoning Ordinance Update Proposal · 1998 Comprehensive Plan Excerpts: Administration and Goals/Objectives · Correspondence to Resident re: Storage of Recreational Vehicles · Draft Zoning Code Update Map Planning Commission Report 99-06 4 March 30, 2001 NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE RECODIFYING NEW HOPE ZONING CODE -City of New Hope, Minnesota Notice is hereby given that the Planning Commission of the City of New Hope, Minnesota, will meet on the 3rd day of April, 2001, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing to consider recommendation to the City Council for the adoption of an ordinance recodifying the New Hope Zoning Code. Notice is further given that the New Hope City Council will meet and consider the Planning Commission's recommendation for adoption of this ordinance at its meeting on the 23rd day of April, 2001, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North in said City. The following list describes significant changes the new ordinance will have upon its adoption. This list is not intended to describe all the changes included in the ordinance but only those considered significant in the opinion of the City Staff: 1. updates the zoning code to be consistent with the City's 1998 Comprehensive Plan to encourage private redevelopment of existing homes and businesses, 2. renders the zoning code format more user-friendly for City staff, City Council, Advisory Committees and local residents, 3. renders administration of the zoning code simpler and more efficient, 4. reduces the number of zoning districts in the commercial and industrial area by combining the B-1 and B-2 districts into a new LB Limited Neighborhood Business District, combining the B-3 and B-4 districts into a new CB Community Business District and combining the I-1 and I-2 districts into a single Industrial District, 5. creates a new RB Residential Business District to rezone select RO districts as RB districts and provide expanded non-automotive commercial opportunities in said districts, 6. reduces building setback requirements in the residential, commercial and industrial districts to encourage expansion in existing properties, 7. increases density in all residential districts except the R1 Single Family District by reducing lot sizes, 8. increases building heights in high density residential, commercial and industrial districts conditional upon compliance with all code regulations. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the zoning code amendment. Written comments may also be submitted to the New Hope City Clerk at City Hall prior to the meetings for consideration at the meetings. A copy of the ordinance can be reviewed at the Information Counter at City Hall Monday through Friday between 6:00 a.m. and 4:30 p.m. Accommodations such as sign language interpreter or large printed materials are available upon request at least 5 working days in advance. Please contact the City Clerk to make arrangements (telephone (763)531-5117, TDD number (763)531-5109). Dated the 15th day of March, 2001. s/Valerie J. Leone Valerie J. Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 21st day of March, 2001.) Memorandum TO: FROM: DATE: SUBJECT: New Hope Residents New Hope City Council March 30, 2001 New Hope Zoning Code Update In 1998, the City of New Hope updated its Comprehensive Plan to guide future development through the next twenty years. The City is now in the process of updating its Zoning Code and map as a means of implementing the goals and policies of the City's Comprehensive Plan. Changes are outlined ni the attached legal notice. The zoning map will be updated along with the Zoning Code. The following paragraphs provide a brief description of the changes within each district. R-l, Single Family Residential District. R-1 Zoning District covers most of the single family neighborhoods in the City. The district has not been changed with regard to land uses or lot size. Some reduction to required setbacks have been made to offer property owners some opportunities for home expansion. R-2, Single Family and Two Family District. The changes in the R-2 District reduced the lot area and lot width requirements. These changes were made to reduce the number of non-conforming R-2 properties and to promote redevelopment. R-3, Medium Density Residential District and R-4, High Density Residential District. The changes in these multiple family zoning districts increase the permitted densities of the various housing types and increase the building height within the R-4 District from four stories to seven stories. These changes were made to promote major reinvestment and/or redevelopment of the existing multiple family housing sites. R-O, Residential Office District and R-B, Residential Business District. These zoning districts allow for a combination of residential and limited commercial land uses. The R-O District has been changed through increased residential densities and building height. Seven of the existing 19 sites will remain R-O. The new R-B District allows for expanded neighborhood commercial land uses that will provide greater use alternatives for eight of the existing R-O sites. LB, Limited Business District. The LB Zoning District replaces the previous B-l, Limited Neighborhood Business District and the B-2, Retail Business District. Through combining these old districts, the City intends the LB District to provide a broad range of neighborhood commercial land uses in contiguous land use patterns. CB, Community Business District. The CB Zoning District replaces the previous B-3, Auto Oriented Business District and the B-4, Community Business District. This single business district encompasses a full range of business uses intended to serve the entire community. I, Industrial District. The I Zoning District combines the previous I-1, Limited Industrial District and the I-2, General Industrial Zoning District. The new I, Industrial District includes reduced setbacks that offer in-place expansion of the City's existing industries. As a fully developed community, the Zoning Ordinance update focused on changes that serve to promote reinvestment within the City. In this regard, the district changes, as well as changes in building setbacks, parking standards, and building heights, are intended to provide property owners the opportunities to expand or renovate their homes or businesses. If you have any questions concerning the Zoning Code update, you may contact City Hall at 763-531-5110 or may attend the April 3, 2001, public hearing. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837' nac@winternet.com MEMORANDUM TO: FROM: DATE: RE: FILE NO: New Hope Planning Commission Alan Brixius March 27, 2001 New Hope - Zoning Ordinance 131.00 - 00.05 INTRODUCTION In 1998, the City of New Hope completed its update of the Comprehensive Plan. The Comprehensive Plan is intended to guide community development and redevelopment through the next 20 years. Recognizing the fully developed nature of the City, the Comprehensive Plan emphasized the following land use goals: Maintain and enhance New Hope's positive identity, build on the strengths of the City's strong residential neighborhood, commercial and industrial uses. Protect property values and maintain a strong tax base. This goal is to be achieved through promoting private reinvestment in New Hope properties through building improvements, renovation, maintenance, and expansion. Improve substandard and/or blighted areas. Investigate opportunities for redevelopment of select residential, commercial or industrial sites. o Maintain and improve New Hope commercial areas as vital retail and service locations. Retain and expand New Hope's industrial land uses to insure a diverse tax base and local employment opportunities. Over the last two years, the City has worked on updating the City's zoning regulations and zoning map as one of the means for implementing the goals and policies of the Comprehensive Plan. The following summary provides an explanation of the changes being proposed in the Zoning Ordinance. FORMAT The ordinance has been reformatted in an attempt to make the document more user- friendly. To accomplish this objective, the ordinance consolidates complementary and similar topics within the ordinance. The zoning districts were compartmentalized to include standards on land use, lot requirements, setbacks, building height, etc. to simplify access to this information. Another element to improve the user-friendliness is to simplify the process for reviewing development applications. In this respect, the updated ordinance has attempted to reduce the number and type of activities that may require conditional uses or variances. The City will now process many applications as an administrative permit or a building permit review handled by City staff. These efforts will save property owners both time and money associated with development applications. ORDINANCE CHANGES Section 4.01 - Title and Application Page 4.01-2 The only change to this section was to include Section 4.019D, Comprehensive Revision. Section 4.02 - Rules and Definitions In this section, the following changes were made: 1. Eliminate seldom used or obsolete definitions. 2. Update State Statutes definitions and references. 3. Group definitions into si.ngle topic areas (i.e., adult uses, antennas, commercial uses, or dwellings) for easy access. Section 4.03 - General Provisions Section 4.031, Non-Conforming Buildings, Structures, and Uses 2 Pages 4.03-3 and 4.03-4 4.031(10)(a) - Criteria has been established to allow for the expansion of non-conforming single family and two-family structures by administrative permit. This provision is intended to streamline development requests for improving New Hope's housing stock. 4.031(10)(b) - Expansion of commercial, industrial and multiple family non-conforming structures may be allowed by CUP. This is intended to promote private reinvestment, and in-place expansion of these land uses. 4.031(10)(c) - The non-conforming lot language has not been changed. It has been relocated to the non-conforming rules section of the ordinance. Section 4.032 - General Building Requirements Page 4.03-6 4.032 - A minimum building width of 24 feet was included in this section of this ordinance. 4.032(5) - Building heights were moved to the individual zoning districts. Page 4.03-7 4.032(5)(c) - Roof top equipment screening regulations were expanded to address current City policy. Page 4.03-7 4.032(5)(d) This aviation obstruction provisions has Metropolitan Council requirements for air space protection. been included to address Section 4.033 - Lot and Yard Requirements · Previously, the City's lot area and setback requirements were found in this section of the ordinance. With this update, the lot area and setback standards were moved into the individual zoning districts. Other changes in this section include: Pages 4.03-13 - 4.03-15 A number of special exceptions to setback standards are being eliminated. Either these setbacks are no longer applicable or staff believes that the protection offered by the setback can be achieved through site design and screening. 4.033(6)(a) - Redraft front yard averaging setbacks. 4.033(d) - The site triangle setback was moved to this section of the ordinance from the landscaping provisions. 3 Pages 4.03-14 and 4.03-15 4.033(6)(e) - The permitted encroachment provisions were amended to prohibit buildings from being built on or extended over an easement of record. Page 4.03-15 4.033(7) - The unit lot area and width subdivisions were revised as follows: standards for twinhome and quadraminium Lot Area Lot Width Existing Proposed Existing Proposed Twinhome 7,000 sq. ft. 6,000 sq. ft. 37.5 feet 37.5 feet Quadraminium 5,000 sq. ft. 5,000 sq. ft. 50 feet 40 feet Section 4.034 - Performance Standards Fences Page 4.03-17 4.034(3)(a)(ii) - Prohibit fences that may obstruct the free flow of storm water. Removal of a fence from a public easement will not require compensation to the fence owner. 4.034(3)(a)(vii) - Delete provision that prohibits tall rear yard fences from double frontage lots. Page 4.03-18 4.034(3)(c)(i) - Requires commercial fences to provide 5 percent open space for passage of air, light, storm water. Landscaping Page 4.03-20 4.034(4)(a) - Removal of landscaping from a public easement will not require compensation to the landscape owner. Restrict tree type and size under overhead wires. Page 403-23 4.034(4)(b)(iv)(ff) - Requires maintenance of landscaped areas and replacement of dead plants in accordance with an improved landscape plan. Exterior Storage Pages 4.03-24 and 4.03-25 4.034(8) - Refuse. Clarify the definition of refuse and reduce the term for outside storage of a junk vehicle from 30 days to seven days. 4 4~034(9) - Exterior Storage. Establish rules for storage of recreational vehicles which include: 1. Recreational vehicle may be stored in the front, side, and rear yards. 2. In the front yard, the recreational vehicle must be stored on durable weather resistant surfaces. Landscaped yard or grass areas are not suitable for storage. 3. The stored recreational vehicle must be set back 15 feet from the street curb and shall not encroach onto a sidewalk. 4. Recreational vehicles stored in the side yard must be five feet from the property line and screened from the adjoining property. The recreational storage regulations still accommodate recreational vehicles, however, rules for protecting use of public sidewalks and sight lines along streets are seen as necessary to ensure public safety. Section 4.035 - Off-Street Parking Requirements Page 4.03-33 - 4.03-36 4.035(10) - Number of Spaces Required. This section was revised to reflect more current parking demands. Obsolete standards are being eliminated. Generally, the changes in the parking standards reflect a reduction in required parking as a means of promoting in- place expansion of New Hope's businesses and industries. 4.035(10)(b) - Establish parking standards for twinhomes and townhomes "one enclosed space and one and one-half open spaces per unit." 4.035(10)(c)(i) -Senior Housing. Establish proof of parking standard for this housing type. 4.035(10)(h) - Establish a new parking standard for senior high school and post high School facilities "one space per four students based on building design capacity." 4.035(10)(v) - Other uses provide opportunities to calculate parking demand for uses not otherwise identified in the New Hope Zoning Ordinance. Section 4.036 - Off-Street Loading Pages 4.03-42 - 4.03-44 Eliminate setback of loading berths from residential uses. Page 4.03-43 4.036(6)(a)(ii) - Increase the building size for eligibility for a loading area waiver from 5,000 5 square feet to 7,000 square feet. The loading area waiver is proposed to be an administrative approval as opposed to the current conditional use permit. Section 4.037 - Home Occupation Pages 4.03-45 4.037(3)(e) - Sales on premises were expanded to include Internet sales. Section 4.038 - Temporary Uses Page 4.03-47 4.038(2) - Temporary uses will be allowed by administrative permit rather than conditional use permit. 4.038(3) and 4.038(4) - Outdoor sales of seasonal farm produce was included in each of the provisions. Section 4.039A - Drainage Plan Page 4.03-48 - No changes Section 4.039B - Grading, Erosion and Sediment Control Regulations Pages 4.03-48 - 4.03-65 - No changes Section 4.039C - Regulation of Sexually Oriented Businesses and Adult Uses Pages 4.033-66 - 4.03-69 - No changes Section 4.039D - Personal Wireless Service Antennas and Towers Pages 4.03-70 - 4.03-74 - No changes Section 4.039E - Wetland Conservation Regulations Pages 4.03-75 - 4.03-77 This entire section was updated to reflect the State Wetlands Conservation Act of 1991. Section 4.04 - General District Provisions Zoning Districts - In revising the zoning districts, the following format changes have been made: 6 The individual zoning districts have been compartmentalized for ease of use and dissemination of zoning information. Each district outlines its full range of uses and performance standards. Roll over references have been eliminated. The City has expanded the list of permitted uses and added a list of administrative permits. This change is intended to reduce the administrative review time associated with development applications. The residential zoning districts illustrate a graduated increase in density to provide incentives for private reinvestment and redevelopment. Each district has its own lot area, lot width, building height, and setback standards. We attempted to consolidate the commercial land use categories to condense the list of allowable uses. We have eliminated redundant or obsolete standards under the conditional use permits. ZONING DISTRICT CHANGES Section 4.05 - R-l, Single Family Residential Distdct Pages 4.05-1 - 4.05-5 The R-1 Zoning District covers most of the single family neighborhoods in the City. The district has not been changed with regard to land uses or lot size. Some adjustment to required setbacks have been made to offer property owners some opportunities for home expansion. Section 4.06 - R-2, Single Family and Two Family District Pages 4.06-1 - 4.06-5 The changes in the R-2 District reduced the lot area and lot width requirements. These changes were made to reduce the number of non-conforming R-2 properties and to promote redevelopment. Section 4.07 - R-3, Medium Density Residential District Section 4.08 - R-4, High Density Residential District Section 4.09 - R-5, Senior and Physically Disabled Residential Housing District Pages 4.07-1 - 4.07-5, Pages 4.08-1 - 4.08-7, Pages 4.09-1 - 4.09-5 7 The changes in these multiple family zoning districts increase the permitted densities of the various housing types and increase the building height within the R-4 and R-5 Districts from four stories to seven stories. These changes were made to promote reinvestment or redevelopment of the existing multiple family housing sites. Section 4.10 - R-O, Residential Office District Section 4.11 - R-B, Residential Business District Pages 4.10-1 - 4.10-8 and Pages 4.11-1 - 4.11-11 These zoning districts allow for a combination of residential and limited commercial land uses. The R-O District has been changed through increased residential densities and building height. The new R-B District allows for expanded neighborhood commercial land uses that will provide greater use alternatives for select R-O sites. Section 4.15 - LB, Limited Business District Pages 4.15-1 - 4.15-7 The LB Zoning District replaces the previous B-l, Limited Neighborhood Business District and the B-2, Retail Business District. Through combining these old districts, the City intends the LB District to provide a broad range of neighborhood commercial land uses. Section 4.16 -CB, Community Business District Pages 4.16-1 - 4.16-15 The CB Zoning District replaces the previous B-3, Auto Oriented Business District and the B-4, Community Business District. This single business district encompasses a full range of business uses intended to serve the entire community. Section 4.20 - I, Industrial District Pages 4.20-1 o 4.20-11 The I Zoning District combines the previous I-1, Limited Industrial District and the I-2, General Industrial Zoning District. The new I, Industrial District includes reduced setbacks that offer in-place extension of the City's existing boundaries. 8 Section 4.25 - Shoreland Permit Overlay District Page 4.25-2 Section 4.253(1) - Reference County and Watershed review. Page 4.25-4 and 4.25-5 Lot area per unit and building height standards have been adjusted to reflect the base zoning districts. Section 4.26 - Floodplain District Pages 4.26-1 - 4.26.11 - No content changes Section 4.27 - Wetland District This section is obsolete with the adoption of the 1991 Wetland Conservation Act. This section is being repealed and replaced with Section 4.039E, Wetland Conservation Regulations. ADMINISTRATION Section 4.30 - Administrative General Page 4.30-2 Make pre-application meeting mandatory. Page 4.30-7 Include appeal review process. Page 4.30-7 and 4.30-8 In cost recovery: 1. Outline all reimbursable costs. 2. Define the basic fees covering the reasonable administrative costs. 3. Define the zoning deposit as covering the consultant fees or costs. Section 4.307, Enforcement - Change the zoning administrator to a designee of the City Manager. Section 4.31 - Administrative Permits Pages 4.31-1 - 4.31-3) This entire section is new. The administrative permit establishes a procedure by which minor improvements may be reviewed and approved by the Zoning Administrator without 9 City Council action. A property owner may appeal an administrative decision to the City Council if there is a dispute. Section 4.32 - Amendments · Page 4.32-1 Amendment review criteria was added. Section 4.33 - Conditional Use Permit (Pages 4.33-1 - 4.33-4) This section outlines the review criteria for all conditional use permits. section include: Changes to this Page 4.33-1 The burden of proof demonstrating compliance with CUP criteria is the responsibility of the applicant. Page 4.33-3 Conditional Use Permit Amendment - This section was added to allow the City to initiate a CUP amendment if an approved CUP undergoes a significant change that may alter the character of the use or operation. Page 4.33-3 Conditional Use Revocation - This section was added to allow the City to revoke a CUP for a land use operating not in conformance with the conditions of approval. Section 4.34 - Planned Unit Development This section was moved from the zoning district to administration. The PUD section outlines the process and criteria for both the PUD Zoning District and PUD conditional use permit. Changes include a format which divides this section into the various PUD review stages. Page 4.34-1 The purpose and intent were expanded to provide standards for applying a PUD. Page 4.34-2 The declaration of covenant and conditions were updated to reflect current State Statute references. 10 Page 4.34-5 and 4.34-6 Residential PUD 1. Remove required frontage and building height restrictions. o 4. 5. 6. Adjusted setback standards to be reflective of district standard at the periphery of the development site and more flexibility on the interior of the site. Increase the density bonus for PUD use. Increased the required frontage of townhomes from 20 feet to 24 feet. Change the standards for number of units and building length. Change open space standards. Page 4.34-7 Commercial and Industrial PUD - Eliminate the frontage and yard restrictions. Page 4.34-7 Mixed Use PUD - Replaced this section with Section 4.24 the PUD Zoning District. Section 4.35 - Site Plan Review Pages 4.35-1 - 4.35-7 This section was moved into the Administrative Ordinance from the General Provisions section. Section of the New Hope Zoning Pages 4.35-1 and 4.35-2 1. Building expansions up to 25 percent of the gross floor area of the existing building are exempt from the site plan review. The current standard is 10 percent of gross floor area. Expansion of parking lots not related to building expansions are exempt from site plan review. 3. Construction of accessory buildings are exempt from site plan review. Pages 4.35-3 - 4.35-12 The information requirements for site plan application have been expanded. Section 4.36 - Variances Pages 4.36-1 - 4.36-2 Page 4.36-1 The variance hardship criteria has been specifically identified. 11 Page 4.36-2 Additional criteria to be considered with regard to a variance request has also been identified. pc: Kirk McDonald Doug Sandstad Steve Sondrall 12 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com MEMORANDUM TO: FROM: DATE: RE: FILE NO: Kirk McDonald Daniel Licht / Alan Brixius March 27, 2001 New Hope - Zoning Map Changes 131.00 - 01.01 BACKGROUND The purpose of this memorandum is to outline proposed changes to the New Hope Zoning map based upon the new Zoning Ordinance and District classifications outlined therein. The changes focus primarily on the designation of"R-O" and "R-B" Districts, as well as "CB" and "LB~ Districts. The "R-B" Residential Business District was originally developed to replace the "R-O" Residential Office District. The intent was to expand the range of commercial land uses in order to offer greater opportunities for reuse or redevelopment of marginal "R-O" district sites. The New Hope City Council in their review of the draft ordinance concurred with the intent for the "R-B" Zoning District. However, they felt that the expanded ranges of use was not appropriate for all of the "R-O" sites due to site size, adjoining land uses, and site access. To address these situations, the Council chose to retain the "R-O" zoning district along with the new"R-B" Zoning District and directed staff to analyze the individual "R-O" sites and provide recommendations as to the appropriate zoning district. The Zoning Map changes also contemplate designation of "LB" Districts, which replaced both the previous "B-l" and "B-2" Districts, and the "CB" District which supplanted the previous "B-3" and "B-4" District. Exhibits: Zoning Map Property Summary ANALYSIS 7801 62nd Avenue. Use: Shopping Center/Retail Service. The site is 0.9 acres in size and is presently zoned "B-I" District. Staff is recommending that the property be rezoned to "LB" District. Recommended Zoning: "LB" District 6113 62'~ Avenue. Use: Gas station/convenience store. Size: 0.5 acres. The site is presently zoned "B-3" District and Staff is proposing that the site be designated as "CB" District. Recommended Zoning: "CB" District 6144 62"d Avenue. Use: Gas station/convenience store. Size 0.5 acres. The site is presently zoned "B-3" District and Staff is proposing that the site be designated as "CB" District. Recommended Zoning: "CB" District 7105 62"d Avenue. Use: Single family dwelling. The 0.3 acre site is presently zoned "R-I" District. Staff is recommending that the site be designated "R-2" District. This will allow potential redevelopment of the property with a twin home unit consistent with the use of the property to the south. Recommended Zoning: "R-2" District 6026 to 6034 West Broadway Ave. Use: Shopping center. The 1.1 acre site is presently zoned "B-2" District to accommodate the existing Broadway Village Center. The site is proposed to be rezoned to a "LB" District with the new Zoning Ordinance Update based upon the range of uses at the site and allowed within this District. Recommended Zoning: "LB" District 9220 Bass Lake Road. Use: residential office/warehouse. The site is 6.3 acres, however, the lot's configuration and access presents some difficulty in assigning a future land use. In recognition of the site's existing building and use, along with its proximity to the Iow density single family neighborhood, staff is recommending that the site remain "R-O". This district will protect the existing use and offer some redevelopment opportunities as a residential site. 10. Recommended Zoning: "R-O" District 5645 and $641 Wisconsin Avenue, Use: Townhouse. The 0.6 acre site is presently zoned "R-4" High Density Residential. Staff is recommending that the site be rezoned to an "R-2" Designation based upon the existing use of the property and as a transition to single family uses that extend southward along Wisconsin Avenue. Recommended Zoning: "R-2" District. 8119 Bass Lake Road. Use: Veterinary Clinic. Due to the site's size (.5 acres) and the surrounding residential land uses, staff recommends that the site remain Recommended Zoning: "R-O" District. Intersection of Bass Lake Road and Winnetka Avenue. This intersection consists of 13 properties with a mix of existing "B-2" and "B-3" District with a range of commercial service businesses. These properties, outlined below, are recommended to be changed to "CB" District. 7910 7900 8001 7901 5539 562O 5600 Bass Lake Road Bass Lake Road Bass Lake Road Bass Lake Road Winnetka Avenue Winnetka Avenue Winnetka Avenue 7800 Bass Lake Road 5540 Winnetka Avenue 5550 Winnetka Avenue 7809 Bass Lake Road 7801 Bass Lake Road 5569 Sumpter Avenue Two parcels (5539 and 5540 Winnetka Avenue) are currently zoned "R-I" and contain single family homes. These sites are proposed to be rezoned to "CB" to expand the commercial area for redevelopment. The Planning Commission may accept Staff's recommendation or leave the current zoning in place as a policy decision. Recommended Zoning: "CB" District. 7610 Bass Lake Road. Use: 11 unit apartment. The current "R-O" zoning district allows for the site's multiple family land use. Due to the site's limited size (.5 acres) and neighboring Iow density land use, staff recommends that the site remain "R-O". Recommended Zoning: "R-O" District 12. 13. 14. 15. 16. 17. 18. 7600, 7550 and 7500 Bass Lake Road. Use: Office building and two retail uses. In view of the commercial character of the 2.3 acre area, staff recommends that this "R-O" site be rezoned to "LB" Limited Business from the existing "R-O", "B-2" and "B-I" Designations. Recommended Zoning: "LB" District. 5617 Pennsylvania Avenue No. Use: seven unit apartment. This site (.23 acres) abuts single family homes to the north. Due to the site's limited size and proximity to a Iow density residential neighborhood, staff recommends that the site remain "R- O". If future redevelopment is contemplated, blending this site with the commercial properties to the south should be considered. Recommended Zoning: "R-O" District. 7001, 7100, 7112, 7117 and 7204 Bass Lake Road. Use: Commercial. This collection of five parcels has an area of 5.4 acres. Uses of these properties include a range of commercial uses within "B-2", "B-3" and "B-4" Districts. Staff is recommending that these properties be rezoned to CB District under the updated Zoning Ordinance based upon their existing characteristics. Recommended Zoning: "CB" District. 5001 Winnetka Avenue. Use: Dental Clinic. This single site (.25 acres) is isolated from other commercial business. Due to the site's limited size and proximity to the Iow density neighborhood to the west, staff recommends that the site retain the "R- O" zoning. Recommended Zoning: "R-O" District. 9400 49~ Street. Use: Gas station. This 0.8 acre site is developed with a gas station use and is presently zoned "B-3" District. Staff is recommending "CB" District zoning. Recommended Zoning: "CB" District. 4200 Zealand Avenue. Use: 12 unit apartment (.56 acres) 8500 42nd Avenue. Use: Dental Office (.78 acres) 8420 42nd Avenue. Use: 12 unit apartment (.71 acres) These "R-O" sites are located along 42nd Avenue between Zealand Avenue and Xylon Avenue. Due to the accumulative size of the three parcels, their access from 42nd Street and proximity to the New Hope City Center, staff is recommended that 4 19. 21. 22. 23. these three parcels be rezoned from "R-O" to "R-B". Recommended Zoning: "R-B" District. 4229 Louisiana Avenue No. Use: Dental Lab. This site is only (.21) acres in size. The surrounding land uses inclUde commercial to the south and west, single family on the north and multiple family to the northwest. As an independent site, staff recommends that the site be rezoned "R-B" to accommodate the existing use. If redevelopment may occur in the future, the site should be combined with the commercial properties to the south and rezoned to "CB". Recommended Zoning: "CB" District. Rock-lord Road Between Xylon Ave. and Louisiana Ave. Use: Commercial. This 73.5 acre area along the eastern portion of Rockford Road includes 26 separate properties. Existing zoning classifications within this area include "R-O", "B-2", "B- 3", "B-4", "1-1" and "1-2" Districts. The bank property located just south of the municipal center is recommended to be designated as "LB" District. The other properties along this corridor are recommended to be included within the "CB" District based upon the range of existing and proposed uses guided by the Comprehensive Plan. Recommended Zoning: "LB" District (8320 42"d Ave. only); All others as "CB" District. 3900 Winnetka Avenue. Use: Church (3.5 acres). The current "R-O" zoning adequately accommodates the church site. Staff recommends that the site retain the "R-O" zoning. Recommended Zoning: "R-O" District. 3709 Winnetka Avenue. Use: Veterinarian Clinic (.85 acres) 3701 Winnetka Avenue. Use: Office Building (.38 acres) These two sites contain commercial land uses. In the past the range of uses allowed in the "R-O" has limited the potential reuse of the southern lot. Based on the accumulative size of the two lots and their orientation to Winnetka Avenue, staff is recommending that these sites be rezoned to "R-B". Recommended Zoning: "R-B" District. 25. 26. 27. 28. 29. 9416 and 9400 36t~ Avenue. Use: Post Haste Shopping Center/Commercial. This 4.0 acre area is presently divided between the "B-3" and "B-4" Districts. Based upon its location and existing uses, staff is recommending application of "CB" District zoning to these properties. Recommended Zoning: "CB" District. 9401-9413 36th Avenue. Use: Office Building (1.3 acres). The site's proximity to the Poste Haste Shopping Center and 36th Avenue may accommodate an upgrade in zoning from "R-O" to "R-B". Staff recommends that this site be rezoned from "R- O" to "R-B". Recommended Zoning: "R-B" District. 36t~ Avenue / Winnetka Avenue Intersection. Use: Commercial/Winnetka Commons Shopping Center and gas station. There are four parcels at this intersection presently zoned "B-3" and "B-4" District. Staff is recommending that these properties be rezoned to "CB" District. Recommended Zoning: "CB" District. 9398 27th Avenue. Use: Home (.65 acres) 9390 27th Avenue. Use: Office (.65 acres) These sites are guided for commercial land uses in the New Hope Comprehensive Plan. To implement this land use goal, staff is recommending that these sites be rezoned from "R-O" to "LB". The "LB" district is recommended over the "R-B" to promote commercial development and to limit the building height to three stories. The "LB" zoning district does not permit gas sales or auto related commercial uses. Recommended Zoning: "LB" District. 8100 27th Avenue. Use: Nursing Home (3.2 acres). Reflective of the existing nursing home use, staff recommends that the site be rezoned from "R-O" to "R-5", SeniOr and Physically Disabled Residential Housing District. Recommended Zoning: "R-5" District. 6 30. 31. 32. 33. 7901 28th Avenue. Use: House/Dental Office (.4 acres). Based on the size of the site, its current use and proximity to a medium and Iow density neighborhood, staff recommends that this site remain "R-O". Recommended Zoning: "R-O" District. 2738 and 2730 Winnetka Avenue. Use: Office building and apartment building. Four lots are located along Winnetka Avenue between Terra Linda Drive and 27th Avenue. Three lots contain commercial land uses and the other contains an apartment building. Due to the commercial character of this segment of Winnetka Avenue, staff is recommending that the 2738 and 2730 Winnetka sites be rezoned from "R-O" and "R-4" to "R-B". Recommended Zoning: "R-B" District. 9456 27"' Avenue. Use: Gas station. This one acre site is presently zoned B-3 District. Staff is recommending that the property be designated as "CB" District under the updated Zoning Ordinance. Recommended Zoning: "CB" District. 8016 and 7900 27th Avenue and 2703-2787 ~-~-~;-"'"'~-"~'" '~;'-~-"-"-" iix=. ~,-'.,.idi2nd Shopping Center and dry cleaner. These three properties of 8.3 acres are presently zoned "B-4" District. Staff is recommending that the properties be included within the "CB" District. RecOmmended Zoning: "CB" District ...... ,~,,,--.-,..-- Winnetka Avenue. Use: Gas station/convenience store. These two sites (1.1 acres) are presently a mix of "B-3" and "B-I" zoning. Staff is recommending that the sites be rezoned to "CB" District. Recommended Zoning: "CB" District. pc: Doug Sandstad Steve Sondrall 16 17 -- 21 ZONING DISTRICT MAP ] a-1 Umlh~l Ne~hb~m~d Bu~ne~ INCH m 1000 FEET 33¸ EXHIBIT A . ~.,~ Bonestroo Existing NEW: 2720 Winnetka 7980 36th Ave. NO. 7500 Bass Lake Rd 7801 62nd Ave, No. total B-2 1 7123 Bass Lake Rd 2 7201 Bass Lake Rd 3 7550 Bass Lake Rcl 4 7800 Bass Lake Rd 5 7801 Bass Lake Rd 6 7809 Bass Lake Rd 7 5550 Winnetka 8 7910 Bass Lake Rd 9 8001 Bass Lake Rd 10 5620 Winnetka 11 6026 W. Broadway 12 8320 42ncl Ave. No total 1 9456 27th Ave. No. 2 7850 27th Ave. No. 3 9400 36th 4 3535 Winnetka 5 3601 Winnetka 6 7709 42nd Ave. No. 7 9400 49th Ave. No. 8 7901 Bass Lake Rd 9 7900 Bass Lake Rd 10 5600 Winnetka 11 7117 Bass Lake Rd 12 7123 Bass Lake Rd 13 7112 Bass Lake Rd 14 7100 Bass Lake Rd 15 6113 W. Broadway 16 6144 w. Broadway total B-4 1 8016 27th Ave. No. 2 2703 Winnetka Ave 3 7900 2.7th Ave. No. 4 9408 36th Ave. No. 5 3520 Winnetka Ave 6 42.00 Xylon Ave No. 7 4300 Xylon Ave No. 8 '8100 42nd Ave. No. 9 4201 Winnetka Ave, 10 4203 Winnetka Ave. R-O RB LB CB R-5 1 1 1 1 2 2 1 1 1 1 1 1 1 1 1 1 1 3 9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16 1 1 1 1 1 1 1 1 1 1 EXHIBIT B [~-~] 11 4301 W~nnetl(a Ave. 12 4148 Winnetka Ave. 13 4200 Winnetka Ave. 14 4210 Winnetka Ave, 15 7820 42ncl Ave No. 16 4148 Winnetka Ave. 17 4211 Rhode Island 18 7601 42nd Ave. No. 19 7600 42nd Ave. No. 20 4124 Quebec Ave. 21 7800 42nd Ave. No 22 7816 42nd Ave. No. 23 7824 42ncl Ave. No. 24 7401 42n(3 Ave. No, 25 4125 Oregon Ave No 26 7300 42nd Ave. No. 27 7321 42nd Ave. No. 28 7305 4Zncl Ave. NO, 29 7231 42nd Ave. No. 30 7181 42.nd Ave. No. 31 7180 42nd Ave, No. 32 7141 42nd Ave. No. 33 7140 42nd Ave. No. 34 7117 42nd Ave. No. 35 7107 42nd Ave, No, 36 7100 4ZnO Ave. NO. 37 7001 Ba~s Lake Rd total 1 9220 Bass LaKe 2 8119 Bass Lake Rd 3 7615 Bass Lake Rd 4 7600 Bass Lake Rd 5 5617 Pennsylvania 6 5001 Winnelka 7 4200 Zealand Ave. No 8 8500 42nd Ave. No. 9 8420 42nd Ave. No, 10 4229 Louisiana Ave 11 3900 Winnetka 12 3709 Winnetka Ave. 13 3701 winnetka Ave, 14 9401-9423 361h Ave. 15 9398 271h Ave. No 16 9390 271h Ave. No 17 8100 271n Ave, No 18 7901 281h Ave. No 19 2738 Winnetka Ave. total 87 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 37 3 I I OTHER: R-1 7105 62nd Ave. No. 5547 Winnetka Ave 5539 Winnetka Ave 5540 Winnetka Ave R-4 5641-45 Wisconsin 2730 Winnetka Ave I-1 4124 WinnetKa I-2 7500 42nd Ave. No, 7516 42n¢1 Ave. No 7528 42nd Ave, No. GRAND TOTALS: [97] Consensus 3-22-01 Oral1 map rec'd 3-26 rev. -3-27-2001 R-O R-O RB RB LB LB CB CB 7 8 8 72 I R-5 R-2 N~~==~ N O, .R_T H W E S T ASSOCIATED COMMUNITY PLANNING DESIGN - CONSULTANTS MARKEt RESEARCH MEMORANDUM TO: FROM: DATE: RE: FILE NO: Kirk McDonald / Dan Donahue Alan Brixius 21 April 1999 New Hope - Zoning Ordinance Update Proposal: 8O2 Revised BACKGROUND With the completion of the New Hope Comprehensive Plan, the City is now in the position to update its zoning regulations as a means of implementing its planning goals. This update is also necessary because the existing regulations have not been comprehensively updated since their adoption in the 1970's. The following proposal outlines zoning issues and a work program for updating the New Hope Zoning Ordinance. ISSUES Based on NAC's involvement in the City's Comprehensive Plan and our on-going involvement with New Hope's planning and zoning administration, we have identified the following areas of the Zoning Ordinance as requiring attention in the ordinance update: Format. The current Zoning Ordinance format is confusing and difficult to use. We would propose to reformat the Zoning Ordinance to address the following items: Organize and consolidate complementary or similar topics or standards within the ordinance. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK. MINNESOTA 554 1 ~ PHONE 612-595-9636 FAX 612-595-9837 E-MAIL NAC@WINTERNET.COM bo Consolidate information within the zoning districts including land uses, lot size, setbacks, building height to simplify access and understanding of each district standards. c. Eliminate the rollover land uses between zoning districts. The Comprehensive Plan identifies strategies to promote reinvestment in the City's land use. Recognizing that New Hope is a fully developed City, the Zoning Ordinance update will investigate opportunities to promote in-place expansion of buildings and site improvements, including but not limited to: Setback standards Lot area and lot area per unit standards Parking standards Green space requirements Density standards for redevelopment target areas I-1 special performance standards Through the zoning update, the City will examine current land use issues present in the City: Redevelopment densities and performance standards Outdoor storage Home occupations Accessory buildings Administrative approvals Business hours of operation The aforementioned list of issues is not all inclusive, rather it provides initial direction and understanding for the anticipated changes. Additional issues will be identified and responded to through the work program. 'WORK PROGRAM Process The following process will be followed in updating the New Hope Zoning Ordinance. Project Start Up and Organization Meeting with City planning, legal, public works, building and housing inspection staff to identify issues, concerns, conflicts or enforcement problems pertaining to the existing Zoning Ordinance. More than one meeting may be appropriate to 2 discuss the various ordinances. This discussion will provide NAC with insight on regulation issues that were not identified in the Comprehensive Plan planning process. The project start up will also involve defining the review process for the new material. We would anticipate a Zoning Ordinance Update Committee will be established as the contact group that will conduct the preliminary review and editing of the updated Zoning Ordinance. (The Committee may consist of the Codes and Standards Subcommittee or the Comprehensive Plan Task force, or an entirely new Committee.) The City should determine how the project will be assigned. Through the start up meeting, we can define the project review process. A Planning Commission workshop session would be scheduled to identify current zoning issues or ordinance concerns that will require attention in the Zoning Ordinance Update. First Draft Regulations NAC will undertake a comprehensive review of the City's entire Zoning Ordinance and evaluate the effectiveness of the existing regulations as they relate to the new Comprehensive Plan goals, land use issues and enforcement concerns identified by City staff. NAC will prepare a first draft of the New Hope Zoning Ordinance. In developing the first draft of development regulations, NAC will work with Steve Sondrall, City Attorney, to insure that the proposed format is consistent with the City Codes and to insure the new regulations have a strong legal foundation. First Draft Review. The first draft ordinance will be sent to City staff for review. Work sessions with staff will be conducted to edit the ordinance per the staff review comments. To expedite the review process, the first staff workshop will consist of overview of the entire first draft ordinance for format and content. This overview will identify areas of the draft ordinance that are complete and satisfactory as well as areas requiring additional work. Subsequent meetings will be conducted with staff to address topics and ordinance language that require greater attention. Presentation to Zoning Update Committee and City Council. Once the ordinance is processed through staff review, it will be sent to the New Hope Zoning Ordinance Update Committee and City Council for review and comment. NAC will attend the committee meetings to solicit input from these various groups. NAC will summarize the committee comments and present both the first draft regulations and a comment summary to the City Council at a workshop. The Council workshop will provide direction for needed revisions or additions to the first draft ordinance. 3 Second Draft Regulations Based on the outcome of the Council workshop, NAC will prepare a second draft of the development regulations along with a summary of the proposed changes. Second Draft Review and Presentation. The second draft of the Zoning regulations will again be reviewed and edited by the City Attorney and City staff. Prior to public hearing, the second draft will be presented and reviewed with the Zoning Ordinance Update Committee, Planning Commission and City Council. Informational Meeting. The City may wish to include informational meetings for the public prior to a public hearing at this stage of the work program. Public Hearing. Following the second draft review, NAC will present the second draft development regulations to the Planning Commission at public hearing. Upon action by the Planning Commission, NAC will present the second draft to City Council along with any recommended changes resulting from the City staff review, Planning Commission review, or public testimony. Final Draft Regulations NAC will prepare a final draft of the development regulations consistent with the conditions of approval by City Council. Summary Ordinance NAC will prepare a final draft of the development regulations consistent with the conditions of approval by City Council. PROJECT SCHEDULE Based on the work program outline the total update of the New Hope Zoning Regulations is anticipated to take nine months. Assuming a start up date of 1 April 1999, the project completion would occur in December 1999. 4 PROJECT PERSONNEL Alan Brixius, a Principal of NAC, will be the primary staff person assigned to updating the New Hope Zoning Ordinance. Mr. Brixius has been involved in New Hope's planning since 1983 and most recently was involved in drafting the 1998 New Hope Comprehensive plan. This provides him with a unique historical perspective for the project. Mr. Brixius will be responsible for the majority of ordinance production work and the public meetings. Daniel Licht and Troy Hagen, Planners with NAC, will be the primary support staff people assigned to assist Mr. Brixius in research and preparation of the New Hope Zoning Regulations. PROJECT BUDGET Based on the work program, the following budget was prepared for updating the New Hope Zoning Regulations: Project Start Up and Organization Consultant Draft of the Zoning Text First Draft Review/Editing/Summary Second Draft Review/Editing/Final Draft Ordinance Summary $1,200 $8,500 $3,7OO $2,500 $ 5OO Contingency $16,400 $ 600 TOTAL $17,000 The budget does not include ordinance reproduction costs. NAC will provide reproducible copies of the first and second draft ordinance for staff review. Additional copies for distribution shall be the responsibility of the City. NAC will provide the City with one reproducible paper copy of the final Zoning Ordinance and a copy on diskette in word processing software compatible with the City and City Attorney. 5 · ADMINISTRATION Administration Administration and implementation of the Comprehensive Plan and related supportive ordinances are equally as important as the development of the plan itself. In' essence, unless the plan and related development tools are constantly referred to and utilized in combination, as well as long range community decision-making, the efforts spent in their development become futile and wasted. BUDGETING AND FINANCE The Comprehensive Plan recognizes New Hope as a fully developed, mature community. The plan recommendations emphasize the need for continuing land use maintenance, redevelopment and provision of quality public services. Under this circumstances, concerns have been expressed with regard to expanding future public expenditures. In response to this issue, the City will continue to implement the following strategies: o Continue the City's proactive public facilities maintenance programs to avoid significant disrepair or breakdown. Maintain a five year Capital Improvement Plan that identifies needed public capital improvements, assigns costs and schedules implementation based on project priority and funding availability. Continue the City's long standing practice of assessing benefitted property owners for public infrastructure improvements. Pursue intergovemmental cooperation for sharing public services and facilities, to avoid duplication and economize on City investments. Promote the maintenance, modernization and expansion of local land uses to preserve the expand the City's tax base and revenues. Pursue available state and federal grants and aids as appropriate to facilitate community improvements and programs. COMMUNI'FY SERVICES Through good communication with the public and responsiveness to residents' needs, the City administration has been cited as a community strength. High quality resident service will continue to be the standard for City operations in the future. city of New Ho,Re Comprehensive Plan Updat., 71 Development Framework Administration ORDINANCES ~ As a means of implementing the stated land use goals for New Hope, the City will investigate the following potential changes to City ordinances: 1. Zoning Ordinance. Within the residential zoning districts, the City will investigate alternative performance standards for accommodating in-place expansion or alteration of existing housing units in an effort to promote private reinvestment. Items to be considered for change may include standards for lot size, setbacks, building height and accessory buildings. b. Within commercial and industrial zoning districts, the City has already undertaken zoning changes to promote in-place expansion. The City will continue to pursue efforts that promote expansion, reuse or modernization of the City commercial and industrial sites. Items to be considered for change may include standards for lot size, setbacks, green space and parking standards. 2. Housing Maintenance Code. The New Hope Housing Maintenance Code has been an invaluable instrument for the City in addressing housing conditions of single family and apartment housing units. However, medium density housing types such as twinhomes and townhomes which have switched from owner occupancy to rental occupancy often escape the inspection required by the Housing Maintenance Code. As cited in the Land Use Plan, the medium density residential areas are most commonly in need of maintenance or repair. The City will pursue ordinance changes that will more effectively bdng the medium density housing under the New Hope Housing Maintenance Code. Sign Ordinance. The City is presently updating its Sign Code as a means to assisting local businesses. In the Sign Code update, the following objectives are being pursued: The Sign Code update is intended to become more business friendly and competitive with the signage offered in adjoining cities. bo The Sign Code format and language is attempting to become easier to use and understand. city of New Hope Comprehensive Plan Updat,- 72 Development Framework Administration The Sign Code update promotes content neutral regulations and more uniform City-wide regulations for ease of interpretation and enforcement. RESIDENTIAL MAINTENANCE/REDEVELOPMENT The enhancement of the City's existing housing stock is a primary goal of the City. In working towards this goal, the following efforts will be undertaken. The City will continue to aggressively implement the rehabilitation ancl redevelopment programs identified in the New Hope Housing Action Plan as a means of renovating existing housing stock. The City enforce its Housing Maintenance Code at point of sale to insure code compliant housing. The City will participate with other cities in the Housing Remodeling Fair that disseminates information on housing repairs, remodeling, and alterations in an effort to promote private reinvestment in the City's housing stock. The City will provide and maintain high quality public infrastructure and services as a means of protecting housing values. Larger scale redevelopment efforts will be pursued as funding permits. Collaborative efforts with other jurisdictions, housing agencies, or private sector interests will be sought to reduce the financial burden of redevelopment on the City. COMMERCIAL MAINTENANCE/REDEVELOPMENT The business retention and expansion of New Hope's commercial and industrial land uses is seen as a priority in maintaining a strong tax base. In fulfilling this objective, the following efforts will be implemented: Investigate changes to the development regulations that will allow the for in-place expansion of the City's commercial and industrial land uses. Pursue the acquisition, assembly and redevelopment of small marginal commercial sites in an effort to attract larger contemporary retailers or service providers. City of New Hope Comprehensive Plan Update 73 Development Framework Administration Cooperate with the private property owners in the renovation and redevelopment of the City's shopping centers. Amend the sign regulations to allow New Hope sign opportunities to be competitive with adjoining communities. c~ of N~w 74 C~-mpreheneive Plen Updef' Development I=ramework INTRODUCTION The purpose of the Policy Plan is to describe in writing what the community desires to produce or accomplish with regard to the physical environment. The plan also provides guidelines as to how these desires are to be achieved. This chapter identifies general community goals and supporting policies. The policy statements can be used as a benchmark against which development requests, proposed plans, programs and actions can be assessed. Policies should provide a decision-making framework for all public and private actions and development within the City. The Policy Plan does not provide information on the timeliness and priorities for needed community improvements. Instead, it provides a series of criteria which can be used to direct general actions undertaken by public and private groups in response to community needs. Moreover, the policies should be considered and utilized collectively. In some cases, a single policy may define and outline a course of action. More frequently, however, a group of policies will be applied to a given situation. The flexibility and adaptability of the Policy Plan is particularly useful when unanticipated development decisions emerge. The plan further complements the City's maps, ordinances, and codes which are more static documents. In some instances, policies may not address a new situation in the community. In this case, the Policy Plan should be updated or modified. This will give the Comprehensive Plan an up-to-date quality which will withstand the test of time. In the sections which follow, the terms "goals" and "policies" are frequently used. These terms are defined as follows: Goals: The generalized end products which will ultimately result in achieving the kinds of living, working and recreational environments that are desired. Policies: Definite courses of action which lead to general achievement. They serve as guides to help make present and future decisions consistent with the stated goals. CITY-WIDE GENERAL GOALS Goal 1: Maintain and enhance New Hope's positive identity. Policies: Establish a cohesive image for the entire community through the uniform application of community promotion, design and service. Build on community strengths such as strong residential neighborhoods, quality local government, quality municipal, infrastructure, and excellent school and park amenities in defining the City's identity. Remain proactive in addressing outstanding City issues or concerns that may detract from the City's identity. Goal 2: Policies: A. Protect property values and maintain a strong tax base. Promote private reinvestment in New Hope properties through building renovation, expansion and maintenance. Continue aggressive enforcement of property maintenance regulations. Provide assistance and information with regard to available programs that may assist local property owners in building renovation and expansion. Enhance local tax base within the City by encouraging high quality commercial and industrial building expansions. Continue the City's Capital Improvement Program to assure that high quality public infrastructure accompanies private investment. Goal 3: Improve substandard and/or blighted areas. Policies: A. Through community education, seminars, newsletters, and outreach programs, inform local property owners of the regulations, programs or incentives that may assist them in the maintenance or renovation of their properties. 2 Bo Aggressively continue housing redevelopment programs throughout the City. Encourage the private redevelopment of substandard, obsolete or blighted properties. Public assistance may be applicable where the redevelopment is consistent with the goals of the New Hope Comprehensive Plan and within the financial capabilities of the City. Investigate opportunities for redevelopment or renewal of deteriorating multiple family sites. Redevelop select, commercial/industrial properties which display deteriorated building conditions, obsolete site design, incompatible land use arrangements and high vacancy levels. Goal 4: A cohesive land use pattern which ensures compatibility and strong functional relationships among activities is to be implemented. Policies: A. Maintain and strengthen the character of individual neighborhoods. Prevent over-intensification of land use development, that is, development which is not accompanied by a sufficient level of supportive services and facilities (utilities, parking, access, etc.). Co Investigate remedies to correct or eliminate existing land use compatibility problems. Do Examine requested land use changes in relation to adjoining land uses, site accessibility, utility availability, and consistency with the City's Comprehensive Plan and policies. Accomplish transitions between distinctly differing types of land uses in an orderly faShion which does not create a negative (economic, social or physical) impact on adjoining developments. F. Infill development of compatible land uses shall be strongly encouraged. Where practical, conflicting and non-complementary uses shall be eliminated through removal and relocation. 3 RESIDENTIAL GOALS Goal 1: Provide a variety of housing types, styles and choices to meet the needs of New Hope's changing-demographics. Policies: A. Through infill development and redevelopment efforts, increase life cycle housing opportunities not currently available within the City (i.e., high value housing, townhomes). B. Promote medium density attached housing to address the needs of an expanding empty nester or independently living elderly population. C. Continue the City's efforts to provide special needs housing for people with various types of disabilities. Goal 2: Maintain and enhance the strong character of New Hope's single family residential neighborhoods. Policies: A. Promote private reinvestment in the City's single family housing stock. B. Examine City development regulations to provide greater development flexibility for single family homeowners. C. Prevent the intrusion of incompatible land uses into Iow density single family neighborhoods. D. Aggressively enforce the City's housing maintenance regulations. E. Provide community education and information to local property owners on home maintenance, repair, and assistance opportunities. F. Pursue the redevelopment of substandard single family homes when it is judged not economically feasible to correct the deficiencies. G. Encourage neighborliness through block clubs, block parties or neighborhood associations. 4 Goal 3: Promote multiple family housing alternatives as an attractive life cycle housing option. Policies: Ao Redevelop substandard multiple family properties that display deteriorated building conditions, no site amenities, poor site design, or incompatible land use patterns when it is judged not economically feasible to correct the deficiencies. Adhere to the highest community design and construction standards for new construction and redevelopment projects. Accompany medium and high density development with adequate accessory amenities such as garages, parking, open space, landscaping, and recreational facilities to insure a safe, functional, and desirable living environment. Consider mixed land uses as an alternative land use option in planning and redevelopment of obsolete commercial or industrial sites. Encourage neighborliness through block clubs, block parties or neighborhood associations. COMMERCIAL GOALS Goal 1: Maintain and improve New Hope's commercial areas as vital retail and service locations. Policies: Ao Work with local business people to gain an understanding of the changing needs of the business environment. Promote a full and broad range of office, service, retailing, and entertainment uses within the commercial areas of New Hope. Attract new businesses to New Hope that are complementary to existing businesses and will contribute to the customer attraction and business interchange of the local commercial areas. Promote the redevelopment and expansion of existing businesses within the City to obtain a higher level of sales and business attraction. 5 Goal 2: Policies: A. Bo Do Redevelop commercial sites that display building deterioration, obsolete site design, land use compatibility issues and a high level of vacancies. Coordinate redevelopment efforts with adjoining commercial properties to create site designs that promote attractive shopping environments, easy accessibility, and a high level of business interchange between businesses. Blend commercial redevelopment which is of a similar size and scale with existing businesses and which is supportable by available markets. Through redevelopment efforts, pursue retail and service providers that would complement the existing commercial land uses and/or contribute to the accumulative attraction of New Hope's commercial areas. Consider complementary alternative land uses such as mixed land uses in the redevelopment of commercial sites. These land uses would serve to reduce the commercial scale of the area and provide support for the remaining commercial land use. Commercial development in New Hope will be required to meet building performance standards which assure the creation of attractive, functional and durable structures. These standards will be established to pursue quality throughout the community, both at the time of development and in the future. Commercial redevelopment efforts to promote site designs that provide safe and convenient pedestrian movement, including access for persons with disabilities. Establish commercial building setbacks that improve visibility, pedestrian access, and be sensitive to the streetscape in New Hope's commercial areas. Goal 3: Create a cohesive and unified identity for New Hope's commercial areas. Policies: A. Create a uniform streetscape treatment that will enhance the retail shopping experience of New Hope's commercial areas. B. Extend the uniform streetscape treatment to each of New Hope's commercial corridors. 6 Promote a community-wide perspective by continuing to give attention to each of New Hope's different commercial locations. Maintain community pride through maintenance of public streetscape through public/private cooperative efforts (such as adopting a boulevard program). INDUSTRIAL GOALS Goal 1: Retain and expand New Hope's industrial land uses to insure a diverse tax base and local employment Opportunities. Policies: A. Continue to facilitate the in-place expansion of existing industries. B. Examine and modify City development regulations as a means of providing site design flexibility to accommodate in-place industrial expansion. C. Promote the high quality industrial construction to insure building durability and an aesthetically attractive appearance. D. Continue to maintain open lines of communication with local industries to stay abreast of their changing needs. Goal 2: Redevelop industrial sites that display building deterioration, obsolete site design, and/or land use compatibility issues. Policies: Remove obsolete or deteriorating buildings to create buildable sites for new industrial opportunities. Investigate alternative uses for industrial redevelopment projects where land use compatibility issues exist. COMMUNITY FACILITIES GOALS Goal 1: Maintain and improve existing services, facilities and infrastructure to meet the needs and interests of the community. 7 Policies: Continue to implement a Capital Improvement Program that addresses the repair and improvement of community facilities including streets, utilities, storm water management, community buildings, and parks. B. Periodically evaluate the space needs of govemmental and public service buildings. Monitor and maintain all utility systems to ensure a safe and high quality standard of service on an ongoing basis. Runoff shall be managed to proteCt the water quality and ground water recharge areas. Preserve integrity of neighborhoods by discouraging through-traffic through residential areas. Fo Promote and encourage cooperation and coordination between governmental units to avoid duplication of public service facilities and services. Continue upgrades of City park facilities to maintain the park system's high quality, safety, and user friendliness. Investigate the need for a community center to address the expanding recreational and social needs of the City. Encourage continuing reinvestment to improve the physical conditions of local schools. Goal 2: Utilize public improvements as a means for continuing civic beautification and an impetus for stimulating investment in private property. Policies: Create a streetscape in commercial areas of the City to enhance the local shopping environment and to contribute to the area's identity. Enhance the City-wide transportation system to encourage safe and convenient movement of pedestrian and bicycle traffic through the City. Maintain all public buildings and grounds according to the highest standards of design and performance to serve as examples for private development. 8 Prepare and annually update a Capital Improvement Program for all public facilities. CITY GOVERNMENT/ADMINISTRATION GOALS Continue to operate the City within a fiscally sound philosophy. Goal 1: Policies: A. B. Co Maintain and enhance the City's local tax base. Annually review and update the City's Capital Improvement Program for the management, programming and budgeting of improvement needs. Economize and/or take advantage of intergovernmental shared services to avoid duplication. Continue cooperative arrangements to share facilities and community education programs. Goal 2: Respond to the concerns and issues of New Hope residents. Policies: Maintain good communication with City residents and businesses through direct contact, open meetings, television, newsletters, outreach programs, and project bulletins. B° Remain proactive in addressing planning issues, code enforcement, and nuisance complaints raised by the citizens and local businesses. Co Maintain strong communication between the City and the School District to address ongoing community and school issues. Goal 3: Maintain a strong level of confidence in the City's advisory committees through member selection, committee continuing education, and lines of communication between the committees and City Council. 9 Policies: ko Provide continuing education opportunities for advisory committee members through seminars and presentations. Maintain strong lines of communication between the City Council and its advisory committees. 10 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 www. ci. new-hope, mn. us City Hall: 763.531-5100 Police: 763-531-5170 Public Works: 763-533.4823 TDD: 763-531-5109 City Hall Fax: 76~. -5136 Police Fax: 763-531-5174 Public Works Fax: 763-533-7650 March 21, 2001 Ms. Kris Johnson 8601 50th Avenue North New Hope, MN 55428 Subject: Zoning Code Update Public Hearing Dear Ms. Johnson: This letter is in follow up to the correspondence I sent you in June 2000 regarding the update of the New Hope Zoning Code and provisions regarding the storage of recreational vehicles. At that time, I indicated that I would let you know when the public hearing on the Zoning Code UPdate would be held. Enclosed please find a notice for the public hearing, which will be conducted at 7:00 p.m. on April 3 at the New Hope City Hall by the New Hope Planning Commission. Pending a recommendation from the Planning Commission, the City Council would consider the Zoning Code Update at the April 23 Council meeting at 7:00 p.m. You are certainly welcome to attend the Planning CommissiOn public hearing and express your viewpoint and/or submit written correspondence for the public hearing. As I indicated before, the storage of recreational Vehicles is one of the many items that have been discussed in regards to the Zoning Code Update. It is staff's feeling that the current language in the Zoning Code is not clear and needs to be clarified. The code prohibits the parking of recreational vehicles on public property (the boulevard), but it does not seem to clearly address recreational vehicles that are parked on private property and also encroach on public property. I believe that is the situation with your property, where the majority of the vehicle is parked in your driveway on private property, and then some of the vehicle encroaches into the public boulevard area. One of the recommendations in the Zoning Code Update is to restrict the parking of recreational vehicles on private property and not allow them to encroach into the boulevard area, which is approximately 15 feet behind the curb. I have enclosed excerpts of the Zoning Code Update pertaining to this issue for your information. It is not the intention of the City Council to prohibit the storage of all recreational vehicles in the front yard, just those that extend beyond the front property line. The revised code states that this will be interpreted as a measurement 15 feet back from the curb. I wanted to pass this information on to you and let you know when the public hearing would be held. Please contact me at 763-531-5119 if you have any questions. Sincerely, .. Kirk McDonald Director of Community Development Enclosure: Zoning Code Update Excerpts Cc: Dan Donahue, City Manager Doug Sandstad, Building Official Chuck Tatro, General Inspector Planning Case File 99-06 Family Styled City ~~%-~ For Family Living Memorandum To: From: Date: Subject: Planning Commission Members Kirk McDonald, Director of Community Development March 30, 2001 Miscellaneous Issues NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional detail on CouncilIEDA/HRA actions on Community Development related issues or other City projeCts. It is not required reading and is optional information provided for your review, at your discretion. 1. March 12 Council Meetin_q - At the March 12 Council meeting, the Council took action on the following planning/development/housing issues: · Resolution Supportin.q the Completion of TH610 in 2005-2010: Approved, see attached Council request. · Resolution ADr)rovin.q Metropolitan Council Local Planning Assistance Program Grant A.qreement for Livable Communities Demonstration Pro.qram: Approved, see attached Council request and grant agreement · Motion Approving Quote by Shamrock Disposal to Provide 30-Yard Containers for Solid Waste Removal for Sr)rin_cl Clean up Day: Approved, Clean up Day to be held May 5. · PC01-01, Request for CUP to Construct a 100' Monopole and 10' x 20' Stone A~_clreqate Equipment Buildinq, 3401 Nevada Avenue: Approved as recommended by the Planning Commission. · Project 692, Review of Bids Received for Hidden Park Condo Water Main/Private Driveway Improvements and Motion Tablin.q Bids to April 9 Council Meetin.q: Tabled to April 9, see attached Council request and attachments. March 26 Council Meetinq - At the March 26 Council meeting, the Council took action on the following planning/development/housing issues: 3. Resolution Approvin.q Development Aqreement Between the City of New Hope and the Northwest Community Revitalization Corporation for Construction of a Sin.qle Family Home at 4864 Flaq Avenue: Approved, see attached Council request. 4. Proiect #678, Resolution Awarding Contract for the Construction of Pilin.qs at 4864 Fla.q Avenue: Approved, see attached Council request. 5. Project #678, Resolution Awardinq Contract for the Construction of a Sinqle Family Home at 4864 Fla.q Avenue: Approved, see attached Council request. 6. Proj.ect #685, Discussion Re.qardin.q Development Options for a City-Owned Property Located at 7105 62nd Avenue and a Motion to Proceed with the Development of a Twinhome CHDO Proiect: Authorized staff to proceed with development. 12. Motion Authorizin.q Joint Community/BUsiness/City Sea Gull Dispersal Pilot Project at 8201 54th Avenue: Authorized staff to expend up to $1,000 for purchase of equipment to disperse gulls from roof of building, see attached Council request. 3. Codes & Standards Committee - Codes & Standards did not meet. 4. Desi.qn & Review Committee - Design & Review met in March to review the Tioga plans. Following the May application deadline on April 6, staff will notify Committee members whether or not a meeting is necessary on April 12. Staff is anticipating an application from Auto Zone, a retail auto parts store, who may be purchasing the 36th & Winnetka gas station site, demolishing the existing building and constructing a new retail store. Another communication tower application may also be on the agenda. These are the only issues staff is aware of at this time. 5. Project Bulletins - Enclosed for your information are project bulletins regarding 4864 Flag Avenue and 8201 54th Avenue. 6. PlanninR Commission Member List - A revised (email addresses) Planning Commission Member List is enclosed separately. 7. GTS TraininR for Plannin.q Commissioners - There is still time to sign up for Planning workshops to be conducted in late April and May. Please let Pam Sylvester know if you desire to attend any of the workshops. There are funds in the Planning Budget to cover the cost of the workshop for Planning Commissioners. 8. Miscellaneous Articles - Enclosed are excerpts from Zoning Bulletin and the February issue of Zoning News. 9. Livable Communities Grant - The majority of the Planning Consultant's time over the past several months has been spent preparing for the Zoning Code Public Hearing. After that is completed, staff will get on track with the Livable Communities grant. As you are aware, the City has received a Livable Communities Planning Grant from the Met Council to Study the Bass Lake Road/Winnetka Avenue area. Northwest Consultants will be drafting a proposal to assist the City with the implementation of the study. When the proposal is received, it will be reviewed by city staff and then shared with the Planning Commission and submitted to the City Council for approval. The proposal will outline a number of activities that will be undertaken with the grant; one of which will be the formation of a committee to study this area. Several members of the Planning Commission will be asked to serve on the committee and Commissioners Oelkers, Svendsen and Green have indicated an interest in serving on the committee. Attachments: Highway 610 Met Council Grant Agreement Spring Clean up Day Hidden Park Condo Improvements 4864 Flag Avenue Development Agreement/Piling Plans/Construction Plans 7105 62na Avenue Development Options Sea Gull Dispersal Pilot Project Project Bulletin Miscellaneous Articles COLTNCtL RE( UEST FOR ACTION Originating Department Approved for Agenda Agenda Section Manager March 12, 2001 Consent Item No. By: Dan Donahue By: /~ 6.8 RESOLUTION SUPPORTING THE COMPLE~ION OF TH610 IN 2005-2010 REQUESTED ACTION Staff recommends adoption of the resolution. BACKGROUND The current Transportation System Plan has TH 610 scheduled for construction during the 2001-2025 time frame. The North Metro Crossing Coalition has prepared this resolution and is asking for support of the North Metro Mayors Association and individual members to move the construction into the current decade (2005-2010). The NMMA Board passed this resolution at their February Board Meeting. There will be delegation from the North Metro Crossing Coalition going to Washington, DC to meet with the congressional Delegation. This delegation would like to bring copies of resolutions. ATTACHMENT Memorandum from Sarah Eppard, Executive Director of NMMA Resolution MOTION BY SECOND BY TO: I:rfa~aclmin~q&r-th610.cloc EAS, CITY OF NEW HOPE RESOLUTION NO. 2001-__ RESOLUTION SUPPORTING THE COMPLETION OF TH610 IN 2005-2010 the Draft MN/DOT Metropolitan Transportation System Plan Investment Timing has proposed that TH610 from TH169 in Brooklyn Park to 1-94 in Maple Grove be scheduled in the 2011-2015 timeframe, and WHEREAS, the North Metro Mayors Association Board of Directors takes strong exception to that scheduled timeframe, and WHEREAS, the North Metro Mayors Association Board of Directors strongly urges that the Transportation System Plan relating to TH610 completion be properly placed in the 2005-2010 timeframe for the following reasons: The TSP notes 'Finish what we started', which refers to TH610 as one of those two projects. v' The segment from TH252 to TH169 opened for traffic October, 2000. Westbound traffic disburses in multiple directions to find the best way to access 1-94, the eventual western termination of TH610. There is approximately $32 million infrastructure being built in the TH610 right-of-way from 1-94 east to TH169. The value of that investment will not be realized until TH610 is completed. With the proposed completion date in 2004, it makes sense to keep the project moving and continue to fund TH610 to completion in the 2005-2010 timeframe. To date, the State and Federal Governments have invested $184 million in the TH610/10 North Crosstown Highway (plus the initial segment of the 610 river crossing completed in the mid- 1980s): 610/10 North Crosstown -Anoka County segment - $79,060,000 TH610 - Brooklyn Park segment - $51,000,000 2"a River Crossing - $22,000,000 TH610 ROW Infrastructure Investments- $32,000,000 · / TH610 serving as the bypass could relieve the congestion that will continue to build up even with the widening of 1-94 from Maple Grove to Brooklyn Center. TH610, when completed to 1-94, should be designated as the 'north metro bypass'to 1-94 in east metro via 1-35W and 1-694 The City of Blaine as located six major truck terminals at the northeast corner of TH10 and 1-35W. The Draft Metro Council Transportation Policy Plan Policy No. 12: maintain competitive regional freight transportation system. This efficient movement of goods or 'freight mobility' requires an extensive high capacity transportation network capable of moving large amounts of freight quickly, reliably and cost effectively. These concerns are stated in Strategy 12b: determine the needs for access to freight terminals and Strategy 12c: reduce congestion impacts on truck travel. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 12th day of March, 2001. Attest: City Clerk. Mayor / ? REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 03-12-01 Consent Item No. By: Kirk McDonald By: 6.10 / RESOLUTION APPROVING METROPOLI/TAN COUNCIL LOCAL PLANNING ASSISTANCE PROGRAM GRANT AGREEMENT FOR LIVABLE COMMUNITIES DEMONSTRATION PROGRAM (PLANNING CASE 00-13) REQESTED ACTION Staff requests that the City Council approve the enclosed Resolution Approving Metropolitan Council Local Planning Assistance Program Grant Agreement for Livable Communities Demonstration Program (Planning Case No. 00-13). POLICY/PAST PRACTICE The City Council has approved similar grant agreements with the Metropolitan Council in the past for planning studies and housing improvement projects. BACKGROUND At the September 11, 2000, Council meeting, the City Council approved a resolution authorizing city staff to make application to the Metropolitan Council for a Livable Communities Planning Grant to study redevelopment options in the Bass Lake Road/Winnetka Avenue area. On December 20, 2000, the Metropolitan Council approved the application for funding in the amount of $60,000, with a $60,000 match from the City. The Metropolitan Council has forwarded the enclosed grant agreement to the City for approval and execution. The City's match will consist of funds that have already been spent for studies in the area and additional studies that will be conducted over the next 1~ years and funded from the Planning and EDA budgets. Northwest Associated Consultants will be submitting a proposal in the near future, which will be presented to the Council, to assist with implementation of the grant activities. School District 281 and the City of Crystal submitted letters of support for the project. Specific elements of the study will include: · Examine redevelopment strategies for the Bass Lake Road Corridor, centered on the area within a ~ mile radius of Bass Lake Road and Winnetka Avenue. The study area includes 480 acres of residential neighborhoods, commercial businesses, and a vacant school site. (cont'd./ MOTION BY SECOND BY TO: Request for Action Page 2 03-12-01 · Goals of the project include providing a variety of housing choices, establishing a commercial foca{; ,.~int a Bass Lake Road and Winnetka, maintaining single-family neighborhoods, making links to jobs anc activities in the area; and redeveloping underutilized land to increase densities and provide more efficien: use of land. · The City of Crystal has committed to working with New Hope in planning for the eastern end of the corridor in Crystal's jurisdiction. New Hope will work with the school district, pursue partnerships with non-profit housing developer Project for Pride in Living, and work with its citizens in neighborhood planning meetings. · Products and outcomes of the study would include: a redevelopment plan formulated by the cities of New Hope and Crystal; redevelopment and site plans for targeted areas, including the 20-acre site of the recently-closed school; analyses of costs and types of financing needed to implement redevelopment plans; regulatory changes to implement development; neighborhood redevelopment plans that address housing redevelopment, transit improvements, streetscapes, and other items identified by residents to increase iivability of their neighborhoods. The agreement stipulates that the grant activities begin in the spdng of 2001 and be completed by the fall of 2002. . FUNDING The funding requirements outlined in the grant agreement are as follows: Recommended Grant: $60,000 Funding Match: $60,000 City of New Hope Economic Development Authority $40,000 City of New Hope - planning studies and inventories $15,000 City of New Hope - in-kind staff services $ 5,000 These are or will be adequate amounts budgeted in the 2001 and 2002 city budget to meet the match requirement. Staff recommends approval of the resolution. ,ATTACHMENTS · Resolution · Metropolitan Council Correspondence · Grant Agreement METROPOLITAN COUNCIL LOCAL PLANNING ASSISTANCE PROGRAM GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council ("Council") and the metropolitan-area governmental unit identified above as "Grantee." WHEREAS, Minnesota Statutes section 473.867 requires the Council to establish a planning assistance fund for the purposes of making grants and loans to local governmental units to assist local governmental units in the seven-county metropolitan area conduct and implement comprehensive planning activities, including the review and amendment of local comprehensive plans and fiscal devices and official controls as required by section 473.864, subdivision 2; and WHEREAS, the Grantee is a city or town in the metropolitan area as defined in Minnesota Statutes section 473.121, or is a metropolitan-area city, town or county acting in partnership with cities or towns which was authorized to submit a joint application and execute this grant agreement on behalf of the partnership; and WHEREAS, on December 20, 2000 thc Council awarded local planning assistance grant funding to the Grantee and four other applicants for project-based planning assistance to help the grantees implement local comprehensive plans consistent with Smart Growth objectives and provide models for cities in similar circumstances with respect to regional growth and development patterns. NOW THEREFORE, in reliance on the representations and statements above and in consideration of the mutual promises and covenants contained in this grant agreement, the Grantee and the Council agree as follows: I. DEFINITIONS 1.01 Definition of Terms. For the purposes of this agreement, the terms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. (a) "Comprehensive Development Guide" means the comprehensive development guide for the seven-county metropolitan area adopted by the Council pursuant to Minnesota Statutes section 473.145, and the policy plans and other components of the development guide adopted by the Council pursuant to Minnesota Statutes Chapter 473, including the Regional Blueprint adopted by the Council pursuant to Minnesota Statutes section 473.145. Co) "Comprehensive Plan" means a comprehensive plan which complies with Minnesota Statutes sections 473.858 through 473.865, including those provisions in section 473.859 which require housing elements and housing implementation programs. -1- "Metropolitan Land Planning ,4ct of' 1976" means the land use planning provisions of Minnesota Statutes Chapter 473, including Minnesota Statutes sections 473.175 and secti0x~ 473.851 through 473.871, as amended. (d) "Smart Growth Principles" means any or all of the following, to: sustain economic growth and position the region to compete in the world economy; promote more efficient, integrated public investments in transportation, housing, schools and utilities to maximize existing resources and investments and avoid wasting taxpayer dollars; encourage wise stewardship of natural resources and conservation of agricultural land and open space; accommodate growth and change in ways that maintain or enhance community livability and quality of life and promote lifestyle choices; balance the diverse interests and objectives of the region's various communities; informs and engages citizens in decisions affecting the future of their community and region; and provide incentives to influence growth patterns that contribute to a world-class region. II. GRANT FUNDS 2.01 Grant Amount. The Council will provide to the Grantee the "Grant Amount" identified at page 1 of this grant agreement which the Grantee shall use for authorized purposes and eligible activities. The Grant Amount provided to the Grantee under this agreement must be matched by Grantee expenditures that equal or exceed one hundred percent (100%) of the Grant Amount. The Grantee's match may include in-kind work or cash and shall be identified in the work plan budget and in the progress report required under paragraph 3.01. 2.02 Authorized Use of Funds. The Grant Amount provided to the Grantee under this agreement shall be used only for thc purposes and eligible activities described in the Grantee's work plan and budget as approved by the Council. A summary of the Grantee's approved work plan and proposed budget as approved and modified by the Council is attached to and incorporated into this agreement as Attachment A. Eligible activities are outlined in the May 1997 Metropolitan Council Local Planning Assistance Grant Guidelines and include, but are not limited to, staff pay, consultant and professional services, printing and publishing. Grant funds may not .be used for per diem payments to appointed or elected board or commission members. Grant funds also may not be used to purchase or acquire equipment or other tangible, nonexpendable personal property or for activities inconsistent with the Council's Comprehensive Development Guide, the Metropolitan Land Planning Act of 1976, as amended, Minnesota's Critical Areas Act of 1973, as amended, or other applicable state laws. The Grantee agrees to promptly r~xnit to the Council any unspent grant funds and any grant funds which are not used for the authorized purposes specified in this paragraph. 2.03 Disbursement Schedule. Within thirty (30) days after final execution of this agreement, the Council will disburse to the Grantee fifty percent (50%) of the Grant Amount. When the Grantee has completed approximately fifty percent (50%) of the work plan and has submitted a written midpoint progress report and copies of invoices for work completed, the Council will disburse to the Grantee an additional forty percent (40%) of the Grant Amount. The Council will disburse to the Grantee the final ten percent (10%) of the Grant Amount when: all work plan activities are completed; copies of all remaining invoices for work completed have been submitted to the Council; the Council has received thc final written progress report as described in paragraph 3.01(3); and the Council has taken satisfactory action on the Grantee's comprehensive plan update. -2- HI. REPORTING, ACCOUNTING AND.AUDIT REQUIREMENTS 3.01 Progress Reports. The Grantee will provide to the Council's authorized agent a written midpoint progress report and a written final progress report describing the status of the work plan activities described in Attachment A. These reports ensure the Grant Amount made available under this agreement is appropriately expended as described in the work plan and budget. The reports shall be subject to the following content and schedule requirements. (a) Midpoint Progress Report. At approximately the midpoint of the Grantee's work plan activities, the Grantee must submit to the Council a written midpoint progress report which includes: a summary of the work plan activities undertaken and completed to date; a summary of work plan activities to be accomplished during the remaining months of the work plan; and a summary of unanticipated issues and opportunities that affect the work plan, time schedule for project completion, or budget. The midpoint progress report also must include a summary of project costs and a list of itemized expenditures of funds received from the Council. Co) Final Progress Report. Upon completion of the work plan activities described in Attachment A, the Grantee must submit to the Council a written final progress report which includes: a summary of the work plan activities undertaken and completed since the submission of the midpoint progress report; a summary of project outcomes, costs and sources of funds for those expenditures; and a list of itemized expenditures of the Grant Amount received from the Council. 3.02 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the Grant Amount received from the Council. Notwithstanding the expiration and termination provisions of paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the C-rantee for a period of six (6) following the completion of the work plan activities described in Attachment A. If any litigation, claim or audit is started before the expiration of the six-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved or until the end of the regular six-year period, whichever is later. 3.03 Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee and accounting shall be in accordance with generally accepted government auditing standards covering financial and compliance audits. The accounts and records may be audited or inspected on the Grantee's premises, or otherwise, at any time by individuals or organizations designated and authorized by the Council or by appropriate state or federal agencies, following reasonable notification to the Grantee, for a period of six (6) years following the completion of the work plan activities described in Attachment A. 3.04 Authorized Agent and Periodic Meetings. The Council's authorized agent for purposes of administering this grant agreement is Terry I~ayser, or another designated Council employee. The written reports submitted to the Council should be directed to the attention of the authorized agent at the following address: Metropolitan Council Mears Park Centre 230 East Fifth Street Saint Paul, Minnesota $5101-1634 -3- 1-~. GRA~ AGREEMENT TER~ 4.01 Term and End Date. This grant agreement is effective upon execution of the agreement the Council. Unless terminated pursuant to paragraph 4.02 or extended by written agreement pursuant to paragraph 4.03, this agreement will expire on the "End Date" identified at page 1 of this grant agreement, or upon completion of the work plan activities described in Attachment A and submission of the final progress report required under paragraph 3.01 Co). 4.02 Termination. This agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mcan a material breach of this agreement and any amendments of this agreement. Tennination of this agreement does not alter the Council's authority to recover funds on the basis of a later audit or other review, and does not alter thc Grantee's obligation to return any funds duc to the Council as a result of later audits or corrections. If the Council determ/ncs the Grantee has failed to comply with the terms and conditions of this agreement, the Council may take any action to protect its interests, may refuse to disburse additional funds and may require the Grantee to return all or part of the funds. 4.03 Amendment The Council and the Grantee may amend tiffs agreement by written mutual consent. Amendments, changes or modifications to the Grantee's approved work plan and budget shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. V. GENERAL PROVISIONS 5.01 Equal Opportunity. The Grantee agrees it will not discrim/nate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil fights commission, disability, sexual orientation or age and will take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation and selection for training. 5.02 Conflict of Interest The members, officers and employees of the Grantee shall comply with all applicable federal and state statutory and regulatory conflict of interest laws and provisions. 5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents fi.om and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting fi.om the conduct or implementation of the funded work plan activities. This obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which other, vise would exist between the Council and the Grantee. The provisions of this paragraph shall survive the expiration or termination of this agreement. This indemnification shall not be construed as a waiver on the pan of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 5.04 Compliance with Law. The Grantee agrees to conduct the work plan activities in compliance with all applicable provisions of federal, state and local laws. -4- 5.05 Acknowledgment. Thc Grantee shall appropriately acknowledge thc funding assistance provided by the Council in promotional materials, reports, publications and notices relating to thc project activities funded under this agreement. 5.06 Warranty of Legal Capacity. Thc individual signing this agreement on behalf of the Grantee represents and warrants that the individual is duly authorized to execute this agreement and that this agreement constitutes the Grantee's valid, binding and enforceable agreements. IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on thc date of final execution by the Council. Approved as to form: METROPOLITAN COUNCIL Associate General Counsel By: Elizabeth J. Ryan, Director Housing and Livable Communities Date: CITY OF NEW HOPE By: Date: Peter Enck, Mayor By: Date: Valerie Leone, City Clerk ATTAINT A Grantee's Work Plan ,and Budget This Attachment A comprises this page and page ~4-] and contains a summary of the proposed project identified in the Grantee's grant application which was submitted in response to the Council's notice of availability of grant funds. The summary reflects the Grantee's proposed project as approved by the Council on December 20, 2000, and may reflect changes in project funding sources, changes in funding amounts, or minor changes in the proposed project that occurred subsequent to the application submission. The Grantee's. grant application is incorporated into this grant agreement by reference and is made a part of this grant agreement except as follows. If the Grantee's application or any provision in the grant application conflicts with or is inconsistent with other provisions of this agreement or the project summary contained in this Attachment A, the terms, descriptions and dollar amounts contained in this grant agreement and the project summary contained on page,4-1 shall prevail. -6- 3. Hope Village Redevelopment Area I Bass Lake Road Corridor, New Hope Applicant: City of New Hope Proposal: · Examine redevelopment strategies for the Bass Lake Road Corridor, centered on the area within a % mile radius of Bass Lake Road and Winnetka Avenue. The study area includes 480 acres of residential neighborhoods, commercial businesses, and a vacant school site. · Goals of the project include providing a variety of housing choices, establishing a commercial focal point at Bass Lake Road and Winnetka, maintaining single-family neighborhoods, making links to jobs and activities in the area; and redeveloping underutilized land to increase densities and provide more efficient use of land. The City of Crystal is has committed to working with New Hope in planning for eastern end of the corridor in Crystal's jurisdiction. New Hope will work with the school district, pursue partnerships with non-profit housing developer Project for Pride in Living, and work with its citizens in neighborhood planning meetings. Products and outcomes of the study would include: a redevelopment plan formulated by the cities of New Hope and Crystal; redevelopment and site plans for targeted areas, including the 20-acre site of the recently-closed school; analyses of costs and types of financing needed to implement redevelopment plans; regulatory changes to implement development; neighborhood redevelopment plans that address housing redevelopment, transit improvements, streetscapes, and other items identified by residents to increase livability of their neighborhoods. Comprehensive Plan Links · New Hope's 1998 comprehensive plan update targets numerous sites within the proiect area for redevelopment. This project will provicle more detail on redevelopment plans identified in the comprehensive plan. Regional Connections and Implications · This project is a model of a redevelopment program that can be tied to a roadway infrastructure project on Bass Lake Road that would begin in early 2003. The redevelopment plan could influence roadway design changes in connection with the roadway infrastructure project, and enhance the transportation investment. · Additional development in the project area could support increased transit service on Bass Lake Road that could feed into the future Hwy 81 corridor transitway, a short distance away. Funding Request: $60,000 (reduced from $120,000) Recommended Grant: $60,000 Funding Match: $60,000 City of New Hope Economic Development Authority City of New Hol:: planning studies and inventones City of New Hol:c ~n-kind staff services $40,000 $15,000 $ 5,OOO When Begin/Complete: Begin Spring 2001, to be complete fall 2002 V.'~J.~I, AJt ~200Or~J et'~m~- ~lu~p 121 laD.doc .4-] / / COUNCIL / REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 3-12-01 Consent Item No. By: Kirk McDonald By: 6.14 / MOTION APPROVING QUOTE BY SHAMI~OCK DISPOSAL TO PROVIDE 30-YARD CONTAINERS FOR SOLID WASTE REMOVAL FOR SPRING CLEAN UP DAY REQUESTED ACTION Staff recommends approval of a motion approving the quote from Shamrock Disposal for the disposal of materials collected at the Spring Clean-Up Day. POLICY/PAST PRACTICE The City will again be sponsoring a "Spring Clean-Up Day" for its residents on SatUrday, May 5, frOm 9 a.m. to 3 p.m., at the Public Works facility. The Clean-Up Day provides residents an",,.CkO, o_ort._u..nity to dispose of unwanted household items that are not normally picked up by the refuse haulers or recycling companies. BACKGROUND The City solicited quotes from companies for waste removal and received the following quotes: Company Quote Shamrock Disposal $ 85.00 per container Waste Management $150.00 per container (plus $75 delivery) Staff recommends accepting the Iow quote from Shamrock Disposal. This is the same company the City has utilized for the past several years and the services are very satisfactory. The Hennepin Recycling GrOup will again be sponsoring its Special Materials Collection on the same day in Brooklyn Park, which is available to New Hope residents. FUNDING The cost for the Spring Clean up Day are funded out of the Solid Waste budget. MOTION SECOND BY BY TO: I:rfa ~olanm no/cleanl, q) lt] ( U] ST FOR ACTION ~ ...... Approvea Tor Age Originating uepar~mem Community Development 3-12-01 Development & Planning & Public Works Item No. By: Kirk McDonald & L~~~) 8.2 __..__.~Johnson --~ -- REVIEW OF BIDS RECEIVED FOR HIDDEN PARK CONDO WATER MAIN/PRIVATE DRIVEWAY IMPROVEMENTS (IMPROVEMENT PROJECT NO. 692) AND MOTION TABLING BIDS TO APRIL 9 COUNCIL MEETNIG _~EQUESTED ACTION. Staff requests to review the bids received for the Hidden Park Condo private driveway and water main project with the City Council and requests that the Council approve a motion tabling action on the bids until the April 9 Council meeting. =OLICYIPAST PRACTICE In the past, the City has completed projects involving public and private improvements if there is an assessment agreement in place with property owners agreeing to pay the cost of the private improvements. In July 2000, the Council passed a similar resolution to proceed with solicitation of bids on this project, however, a contract was never awarded due to the fact that the Hidden Park Condo Homeowners Association was not successful in obtaining the necessary votes to approve the assessment agreement. BACKGROUND At the February 12 Council meeting, the City Council approved plans and specifications for this project and authorized staff to seek bids. Bids were recently opened and are outlined in the attached bid tabulation prepared by the City Engineer. The Iow bidder on the prOject was Don Zappa & Son Excavating with a base bid of $81,720.55. This compares favorably to the City Engineer's estimate of $88,000.00. The bid for the alternate parking lot construction is $19,603.10. The total cost of the project for Hidden Park Condo (without the alternate) would be: Private Driveway/Drainage $77,600.00 Street Light 2,550.00 Total $80,150.00 (cont'd.) MOTION BY SECOND BY TO: I:rla~ Request for Action Page 2 3-12-0'~ The $80,150.00 includes indirect costs for legal, engineering, and administrative expenses the City w~-~ncur for managing the project. The $80,150.00 cost divided among 68 units would average out to a ~,~st of $1,178.68 per unit. This compares to an estimated cost of $77,000.00 or $1,132.00 per unit in 2000 and the increase is due to matedal price adjustments and Hennepin County traffic control requirements. If the Homeowners Association decides to proceed with the alternate parking lot reconstruction, the total cost would be $104,650.00 or $1,538.97 per unit. The City will be responsible for the water main improvements. This information has been forwarded to the Hidden Park Condo Homeowners Association for consideration at its April 4 Association meeting. If the Association approves the work, staff will return to the Council on April 9. and recommend approval of an Assessment Agreement and award of the contract. If the Homeowners Association determines not to proceed with the work, staff will recommend that all bids be rejected. Staff recommends that the Council approve a motion tabling action on the bids until the ^pdl 9 Council meeting. ATTACHMENTS · City Engineer Correspondence · Hidden Park Condo Correspondence · Bid Tabulation Bonestroo ____ Rosene u Anclerlik & Associates Engineers & Architects Memorandu_._m To: Kirk McDonald CC: From: Guy Johnson Steve Sondrall Mark Hanson Vince Vander Top Subject: Hidden Park Condominiums/6003 West Broadway Water MairdPrivate Driveway Improvements Project No. 692 Our File No. 34-00-121 Date: March I, 2001 The iow bid compares favorably with the previous Engineer's estimate. Construction costs based on the low bid are as follows: Construction Item Construction Engineer' s Cost Estimate Private Driveway/Drainage $62.061.75 Street Light '" 2.550.00 Water Main 19,658.80 Total ,2, $84.270.55 (!) Cost to be determined by Excel Energy $61,191.00 2,550.00 23,967.00 $87,708.00 (2) Base Bid received from Don Zappa & Son Excavating of $81,720.55 does not include the street light In addition to the base bid. an alternate was bid to completely reconstruct the south parking lot. This could be done efficiently with the other improvements. The cost would be the responsibility of the Condo Association if the alternate is approved. Construction Item Construction Engineer' s Cost Estimate Alt #1 -Reconstruct Parking Lot Base Project Total $19,603.10 $16,980.00 84,270.55 87,708.00 $103.873.65 $104,688.00 2335 ~/est Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311 Indirect costs such as Legal, Engineering. and Administration are added to the construction co~~-',, Past assessment projects have included 25% of the construction costs. Construction Item Construction Indirect -Total/Assessed Cost Cost Cost Private Driveway/Drainage Street Light Water Main Subtotal $62,061.75 $15,538.25 2,550.00 - 2,s5o.oo .19,658.80 ~ $24.600.00 $84,270.55 $20,479.45 $104.750.00 Alt #1 -Reconstruct Parking Lot Total $19,603.10 $4,896.90 $103,873.65 $25,376.35 $24.500.00 $129_950.00 The water main improvements are proposed to be financed by New Hope's Water Fund while the private drainage/driveway improvements, street light, and alternate #1 are proposed to be the responsibility of Hidden Park Condominiums (68 units). The estimated cost per unit is as follows: $1,178.68/unit without Alternate # 1 ($80,150/68 units) $1,538.97/unit with Alternate # 1 ($104,650/68 units) It is recommended that the City make every effort to verify the street light Cost with Excel Energy prior to approval by the Condo Association. Tom Schuster is working on this verification. End of memo Bonestroo Rosene Anderlik & Associates Engineers & Arclqitects February28,2001 EmpJoyer and Employee owned Robert G ScnunlCnt. P£ * jerry A. Bour~n. ~E. Senior C~sUjtj~iSt RoDent ~ ROS~. RE * Jos~n C Anae~ ~E · R~cnara ~ Turne~ P~ · Susan M EDer,n. C PA Honorable Mayor and City Council City of New Hope ~401 Xylon Ave N New Hope, MN 55428-4898 Re: 6003 W. Broadway Drainage/Water Main/Private Drive Improvements Client Project No. 668 File No. 34-00-121 Honorable Mayor and City Council: Bids were opened for the project stated above on February 28, 2001, at 11:00 AM. Transmitted herewith are lO copies of the bid tabulation for your information and file. Copies will also be distributed to each bidder. There were a total of 8 bids. The following summarizes the results of the low 5 bids received. Contractor ! Base Bid Amount Alternate Bid Amount Low Don Zappa & Son Excavating $81,720.55 $19,603.10 #2 North Valley, Inc. $85,832.35 $15,614.00 #3 Forest Take Comracnng, Inc. $93,115.00 $18,245.00 ~4 Hardrives, Inc. $93,275.75 $17,565.05 #5 Northwest Asphalt, Inc. $94,408.20 $16,039.65 The low bidder on the project was Don Zappa & Son Excavating with a base bid of $81,720.55. This compares to the Engineer's estimate of $88,000.00. These bids have been reviewed and found to be in order. Don Zappa & Son is a reputable contractor and capable of completing the project. They are confident in their bid and look forward to starting construction in May. Therefore, we recommend that theproject be awarded to Don Zappa & Son Excavating with a base bid of $81,720.55. Should you have any questions, please feel free to contact me. My direct dial phone number is ~651 ) 604- 4790 Yours very truly, BONESTROO, ROSEN'E, ANDERLIK & ASSOCIATES, INC. Vincent T. VanderTop, P.E. VTV:kf Encl. 2335 13Vest Highway 36 · St. Paul, MN 55113, 651-636-4600 · Fax: 651-636-1311 ,~401 Xylon Avenue North New Ho~e. M~nnesota 55428-4898 www. cl. ne w-l~ope, mn. us City Hall: 763.531-5100 City Hall Fax: Police: 763-531-5170 Police Fax: , Public Works: 763-533-4823 Puf~l/c WorKs Fax: 763-535-- TDD: 763-531-5109 March 2, 2001 Ms. Tamera Michels, Manager Hidden Park Condominium Owners Association P.O. Box 312 Hamel, MN 55340 Subject: Hidden Park Condos Drainage and Driveway Improvements Dear Tamera: The City recently opened bids on the above referenced project. Enclosed please find a summary of the bids received. The Iow bidder on the project was Don Zappa & Son Excavating with a base bid of $81,720.55. This compares favorably to the City Engineer's estimate of $88,000.00. The bid for the alternate parking lot construction is $19,603.10. Referencing the City Engineer's March 1 correspondence, the total cost of the project for Hidden Park Condos (without the alternate) would be: Private Driveway/Drainage Street Light Total $77,600.00 2,550.00 $80,150.00 As we have discussed in the past, the $80,150.00 includes indirect costs for legal, engineering, and administrative expenses the City will incur for managing the project. The $80,150.00 cost divided among 68 units would average out to a cost of $1,178.68 per unit. This compares to an estimated cost of $77,000.00 or $1,132~00 per unit in 2000 and the increase is due to material price adjustments and Hennepin County traffic control requirements. If the Homeowners Association decides to proceed with the alternate parking lot reconstruction, the total cost would be $104,650.00 or $1,538.97 per unit. The City will be responsible for the water main improvements Please present this information at your April 4 Homeowners Association meeting and contact me as soon as possible after that date so the City can take the appropriate action on the bids. If you determine to proceed with the project, we will need to have an executed Assessment Agreement approved by the City Council at the same meeting the contract is awarded and hopefully that can be done at the April 9 Council meeting. Family Styled City ~~ For Family Uving Ms. Tamera Michels Page 2 March 2, 2001 Please contact me at 763-531-5119 if you have any questions. accomplished in 2001. Sincerely, Kirk McDonald Director of Community Development Enclosure: As Stated Cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Vince Vander Top, Assistant City Engineer Guy Johnson, Director of Public Works Daryl Sulander, Director of Finance Doug Sandstad, Building Official Ken Doresky, Community Development Specialist Valerie Leone, City Clerk (Improvement Project No. 692) I hope that we can get this project 7101 KENTUCKY AVE N JERSEY LOUISIANA AVE AVE I IIlllll~lllllll.lllll Originating Department Approved for Agencla Agenda Section Development Community Development & Plannin,a Item No. 3-26-01 8. ! B_B~_Kirk McDonald & Ken Doresk..[~ '--' RESOLUTION APPROVING DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEW HOPE AND THE NORTHWEST COMMUNITY REVITALIZATION CORPORATION FOR CONSTRUCTION OF A SINGLE FAMILY HOME AT 4864 FLAG AVENUE NORTH ACTION REQUESTED Staff is requesting Council approval of a resolution approving the development contract and sale of 4864 Flag Avenue North to the Northwest Community Revitalization Corporation (CHDO). POLICY/PAST PRACTICE At times, third party development agreements are necessary for obtaining project funding. BACKGROUND In April 2000, th'e City purchased 4864 Flag Avenue North from a willing seller. The lot was undeveloped due to poor soils, similar to the lot at 8801 415t Avenue North (Habitat for Humanity site). In September 2000, the Council approved a concept house plan for the Flag Avenue site and approved the project to be developed in partnership with the Northwest Community Revitalization Corporation CHDO. On February 26, 2001, the Council approved plans, specifications and advertisement for bids for the construction of a single-family home at the Flag Avenue Site with the understanding that a development agreement with the CHDO would be forthcoming. Staff had always intended that the City utilize available scattered site housing CDBG funds to pay for the installation of the pilings on the property. In order to utilize CDBG funding for the installation of pilings, the City is required to transfer ownership of the property to another entity before the house construction can begin. CDBG funds cannot be used for new construction but only for items classified as "site improvement activities." If the City were to install pilings and proceed to develop the property with a single-family home, the pilings would not be considered a site improvement, but as part of the overall development, therefore ineligible for CDBG funding. The CHDO has agreed to act as the third party entity in this development agreement. Also, Hennepin County has agreed that this scenario will fulfill the necessary requirements to obtain the CDBG funds in question. MOTION BY SECOND BY TO: Request for Action Page 2 ~.~. In summary, the development agreement with the CHDO designates the City to: · Install a piling system and convey the property to the CHDO for one dollar; · carry out the development and construction of the property; · negotiate, enter into, and carry out all necessary agreements for architectural, engineering, testing or consulting services for the property, all agreements for the construction of a residential single-family home on the property or the furnishing of any supplies, matedals,~ machinery or equipment therefore, or any amendments thereof; · deal with neighborhood groups, local organizations, adjoining landowners and other partners interested in the development of the property; · establish and implement appropriate administrative and financial controls for the acquisition, construction, marketing and sale of the property; · inform the CHDO on a regular basis of the progress of the construction, marketing and sale of the property, including the preparation of any reports as may be reasonably requested by the CHDO; · inspect the progress of the property, including verification of the materials and labor being furnished so as to be fully competent to approve or disapprove requests for payment made by any contractor or any other parties with respect to the construction of the property and verify the same is being carded out substantially in accordance with the requirements of any plans and specifications for the construction of the property; · obtain and maintain insurance coverage for the property, on behalf of the CHDO and the City, including general liability insurance covering claims for personal injury, including but not limited to bodily injury, or property damage, occurring in or upon the property or the streets and curbs adjoining the property and casualty coverage in the amount of the full replacement cost of the property; · · assemble and retain all contracts, agreements and other records and data as may be necessary to carry out the City's functions hereunder; · use its best efforts to accomplish the timely construction of the property in accordance with the approved plans and specifications and the time scheduled for such completion; market and sell the property as housing affordable to Iow and moderate income persons and families; and indemnify, defend and save the CHDO harmless from and against all loss, damage, cost, expense (including attorney's fees), liability or claim from personal injury or property damage occurring on or related to the property. The property will be conveyed to the CHDO after the pilings are installed and the CHDO will utilize the City as developer on the project. FUNDING CDBG funds were used to pay for the land acquisition and will be used to pay for the installation of pilings and predevelopment work. HOME funds will be available from the CHDO for a second mortgage and grant. The proceeds from the sale of the home will be used to fund the new construction. Staff recommends approval of the resolution. A'i-I'ACHMENTS · Resolution · Development Agreement · City Attorney Correspondence DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreemenf') is entered into as of the _..__ day of ,2001. by and be~'een Northwest Communi~' Revitalization Corporation, a Minnesota nonprofit corporation ("NCRC") and the Cir' of Ne,v Hope. a Minnesota municipal corporation ("City"). RECITALS A. NCRC and City have entered into this Agreement to facilitate the construction of a residential single family home at the property legally described as: Lot 41, Block 3, Zubeck's Rolling Hills Addition, Hennepin Count)' Minnesota; and commonly known as 486z) Flag Avenue North in the City of New Hope (hereafter "Property"). B. The City has previously acquired and presently is the fee owner of the Property. The Property has remained vacant due to poor soil conditions preventing any construction on the Property. It is the City's intention to remedy the soil conditions at the Property by constructing a piling system to permit the construction of a residential single family home on the Property. After this site improvement is completed the Property shall be conveyed in fee to NCRC for One Dollar ($1.00) and other good and valuable consideration. The parties agree that NCRC shall act as the developer of the Property by and through the City as its general contractor as set forth under the terms of this Agreement. C. The parties further a~ee after the conveyance of the Property to NCRC by the City, NCRC shall hire the City to construct, market and sell, on behalf of the NCRC, a residential single family home on the Property to an individual, couple or family defined by applicable law as low or moderate income. This shall mean a person, couple or family with a household income that does not exceed 80% of the median income for the Twin Cities, Minnesota, a metropolitan statistical area, adjusted for family size. This Agreement shall set out the terms, conditions, rights and obligations of the parties hereto to accomplish this objective. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other good and valuable considerauon, the receipt and sufficiency of which are hereby acknowledged, the panics agree as follows: 1. Development Services of Cit~_'. a. The City shall carry out the development and construction of the Property, and shall perform the services and carry out the responsibilities with respect to the Property as are set forth herein, and such additional duties and responsibilities as are designated from time to time by the NCRC. b. The City's services shall be performed in the City's own name and sha~\ consist of the duties set forth in the following subparagraphs of this Section and as provided elsewhere in this Agreement. Ci~ has performed or shall perform following: i) Acquire the Property, install a piling system and convey the Property to NCRC for one dollar and other good and valuable consideration. ii) Negotiate, enter into, and carry out all necessary a~eements for architectural, engineenng, testing or consulting services for the Property, all agreements for the construction of a residential single family home on the Property or the furnishing of any supplies, materials, machinery or equipment therefore, or any amendments thereof. iii) Deal with neighborhood groups, local o~anizations, adjoining landowners and other partners interested in the development of the Property. iv) Establish and implement appropriate administrative and financial controls for the acquisition, construction, marketing and sale of the Property, including but not limited to: a. coordination and administration of contractors, professionals and consultants employed in connection with the construction, marketing and sale of a single family home on the Property; b. administration of any construction contracts; c. selection of contractors and suppliers; d. applying for and maintaining in full force and effect any and all governmental permits and approvals required for the lawful construction, marketing and sale ora single family home on the Property; e. Keeping NCRC fully informed on a regular basis of the progress of the construction, marketing and sale of the Property, including the preparation of an.,,' repons as may reasonably be requested by NCRC. v) Inspect the pro~ess of the construction on the Property, including verification of the mater:als and labor being furnished so as to be fully competent to approve or disapprove requests for payment made by any contractor or any other parties with respect to the construction of the Property, and in addition to verify that the same is being carried out substantially in accordance with the requirements of any plans and specifications for the construction of the Property. vi) Obtain and maintain insurance coverage for the Property, on behalf of NCRC and the Cit.,,'. including general public liability insurance covenng claims for personally injury, including but not limited to bodily injury, or property damage, occurring in or upon the Property or the streets and curbs adjoining thc Property and casualty coverage in the amount of the full replacement cost of the Property. vii) Assemble and retain all contracts, agreements and other records and data as may be necessary to carry out the City's functions hereunder. viii) Use its best efforts to accomplish the timely construction of the Property in accordance with any approved plans and specifications and the time scheduled for such completion. ix) Market and sell the Property as housing affordable to low and moderate income persons and families. x) Indemnify, defend and save NCRC harmless from and against all loss, damage, cost, expense (including attorneys' fees), liability or claim for personal injury, or property damage occurring on or related to the Property. 2. Development Oblientions of NCRC. a. NCRC agrees it will execute any and all purchase agreements, listing agreements, disclosure statements, deeds or other documents deemed necessary by the City to market and sell the Property to a low or moderate income person, family or couple. b. NCRC agrees to indemnify and hold harmless the City for any damages or costs (including reasonable attorneys' fees) incurred by the City by NCRC's failure to sign or deliver in a timely manner any document required by the City to complete the sale of the Property to a low or moderate income individual, couple or family. 3. Consideration for this A~reement. a. The City agrees it shall construct, market and sell the residential home constructed on the Property using its own funds. In consideration for this Agreement the City shall retain all proceeds from the sale of the Property to the ultimate buyer after payment of all costs associated with the sale considered the normal obligation of the seller in a single family home sale transaction. b. Notwithstanding the language in paragraph (a) above, City shall pay NCRC a developer's fee in consideration for the Home Funds provided by the NCRC as pan of the project revenue. This fee is based on the amount of HOME funds provided by NCRC and shall equal $4,755.00. 4. General. a. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. b. Whenever the approval of either parry, is required herein, such approval shall not be unreasonably withheld or delayed. c. No waiver or default by either party of any term, covenant or condition hereof to be performed o observed by the other party shall be construed as, or operate as. a waiver of any subsequent default of the same or any other term, covenant or condition hereof. d. If any provision hereof is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision thereof, provided such invalidity does not materially prejudice either party in its rights and obligations contained in the valid provisions of this Agreement. e. City shall not assign or transfer this Agreement or its right, title or interest herein without the prior written consent of NCRC, which consent shall not be unreasonably withheld. NCRC shall have the right to assign its rights under this Agreement without City's consent. f. Any notice or communication required to be given or served upon either party hereto shall be given or served by personal service or by express delivery or by mailing the same, postage prepaid, by United States registered or certified mail, return receipt requested, to the following addresses: TO NCRC: Northwest Community Revitalization Corporation P.O. Box 28189 Crystal. MN 55428 TO CITY: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Any party may designate a substitute address at any time hereafter by written notice thereof to the other parties. g. This Agreement. together with all exhibits hereto, constitutes the entire agreement between the pan:es, and all other representations or statements heretofore made, verbal or written, are merged herein. This Agreement may be amended only by written agreement of the parties. h. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors, executors, administrators, legal representatives and permitted assigns. IN WITNESS WHEREOF, the P~i'~! ~to have executed this instrument as of the day and year first above written. NCRC: NORTHWEST CoMfY REVITALIZATION CORPORATION By: Its: CITY: CITY OF NEW HOPE By: Daniel J. Donahue Its City Manager p:LAttomey~SASkDocumenL~\CNH99_l 1249-~86~ Flag Ave N-Developmenl Agr.doc COUNCIL ? REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development Development & Planning / Item No. 3-26-01 8.2 By: Kirk McDonald & Ken Doresk~/ By: / RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF PILINGS AT 4864 FLAG AVENUE NORTH (IMPROVEMENT PROJECT NO. 678) ACTION REQUESTED Staff is requesting Council approval of the attached resolution awarding the 4864 Flag Avenue North piling construction contract to Atlas Foundation Company for the Iow bid amount of $22,100.00. POLICY/PAST PRACTICE For City-owned property where pilings are needed for the construction of a single-family home, staff seeks quotes from piling contractors and recommends awarding the contract to the lowest responsible bidder. BACKGROUND In April 2000, the City purchased 4864 Flag Avenue North, from a willing seller. The lot was undeveloped due to poor soils, similar to the lot at 8808 41st Avenue North (Habitat for Humanity site). In September 2000, the Council approved this site for a CHDO (Community Development Housing Organization) project and approved a concept house plan for the Flag Avenue site with the understanding that pilings would be required to develop this site. On February 26, 2001, the Council approved plans, specifications and advertisement for bids for the construction of pilings at the Flag Avenue site. Bonestroo & Associates completed the plans and specifications for the pilings on the property to support the house structure and Bonestroo will oversee the piling installation on behalf of the City. The plans call for the installation of twenty 10-inch diameter cast-in-place concrete piles at an estimated length of 60 feet. Per the request of the Council, the specifications were amended to include additional provisions to protect nearby structures. Additional seismic measuring will be conducted and Bonestroo will be videotaping the condition of surrounding properties prior to the piling installation. Estimated cost of the pilings was $20,000 - $25,000 and $25,000 was included in the project budget for this work. MOTION BY SECOND BY TO: Request for Action Page 2 The quotes were opened on March 20 and the quotes received are as follows: Firm Quote Amount Alternate Atlas Foundation Co. $22,100 $17,875~ L.H. Bolduc Co. Inc. $24,170 Lametti & Sons $36,270 3-26-~ *Atlas Foundation submitted an alternate quote for 8 5/8" steel pipe piles, however, due to the fact that this alternative was not made available to other bidders and staff does not want to extend the quote period and delay construction, staff is recommending accepting the quote from Atlas for the pilings detailed in the specification. If the Council desires and the City Attorney approves, staff could discuss the alternate at the pre- construction meeting with both contractors to determine if the alternate piling would work and return to the Council at a later date with a change order to reduce the contract amount. Staff recommends approval of the bid from the Iow bidder, Atlas Foundation in the amount of $22,100.00. FUNDING CDBG funds were used to pay for the land acquisition and will be used to pay for the installation of pilings and predevelopment work. Staff recommends approval of the resolution. ATi'ACHMENTS · Resolution and City Attorney Correspondence · Bid Results · Piling Plan · Survey · City Engineer Memo · Budget COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development Development & Planning Item No. .~ 3-26-01 8.3 By: Kirk McDonald & Ken Doresk¥, By: , RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME AT 4864 FLAG AVENUE NORTH (IMPROVEMENT PROJECT NO. 678) ACTION REQUESTED Staff is requesting Council approval of the attached resolution awarding the 4864 Flag Avenue North home construction contract to the Iow bidder, S.V.K. Development Inc. in the amount of $155,589.00. POLICY/PAST PRACTICE For projects where bids are expected to exceed $75,000, city staff seeks closed bids from which the lowest responsible bid is brought back to the Council for award consideration. Advertisement for bids are submitted in the City's legal newspaper, the Sun Post, publicly opened and approved by Council resolution. In addition to the legal notice, the City prepared instructions to bidders and general specifications for sealed bids. BACKGROUND In April 2000, the City purchased 4864 Flag Avenue North, from a willing seller. The lot was undeveloped due to poor soils, similar to the lot at 8801 41st Avenue North (Habitat for Humanity site). In September 2000, the Council approved a concept house plan for the Flag Avenue site and approved the project to be developed in 3artnership with the five-city CHDO. On February 26, 2001, the Council approved plans, specifications and advertisement for bids for the construction of a single-family home at the Flag Avenue site. Staff accepted and opened two responsible bids on March 20, 2001, 11:00 a.m. at New Hope City Hall. The bids accepted are as follows: Firm Quote Amount S.V.K. Development Inc. $155,589.00 (Central Air Option - $1,700.00) Flag Builders Inc. $189,250.00 (Central Air Option- $1,350.00) This is a 1,605 square foot house and the preliminary staff estimate for construction was $90 per square foot or approximately $145,000. With the escalation of construction costs, a $100 per square foot estimate probably would have been more reasonable, which would make the construction cost approximately $160,000. MOTION BY SECOND BY TO: Taking these facts into consideration, staff does not feel that the iow bid of approximately $155,000, or $96.57 per square foot, is unreasonable. Staff is recommending that, due to the increased construction bid, that the sales price be increased from $145,000 to $155,000, and the attached budget has been revised accordingly. Staff is certainly open to input from the Council if the Council feels the sales price should be higher. However, staff would like to reiterate that acquisition and piling costs will be paid for with CDBG funds and the house sale is for a Iow/moderate income first-time home buying family. The long-term benefit to the City is another residential property that will be contributing to the City's tax base. Staff is also not recommending approval of the air conditioning alternative. While staff was disappointed in receiving only two bids, that is probably due to the complicated nature of this project, with construction on pilings and the need for coordination between both the piling and house construction contractor. S.V.K. Development is an off-shoot of Kevitt Excavating and Kevitt has performed many demolition and excavating projects for the City in the past and performed very responsibly. While staff was unaware that the company also constructed homes, upon discussion with them about this project and site visits to some of their projects, staff feels confident that their partnership with Atlas Foundation on this project will probably provide a very capable construction team (see attached notes from City Engineer and Community Development Specialist Doresky, who visited sites with General inspector Tatro). Taking all of the above information into consideration, staff recommends approval of the bid from the Iow bidder, S.V.K. Development in the amount of $155,589. Staff will begin marketing the home for sale as soon as possible. FUNDING ~3DBG funds were used to pay for the land acquisition and will be used to pay for the installation of pilings and predevelopment work. HOME funds will be available from the five-city CHDO for a second mortgage. The proceeds from the sale of the home will be used to fund the new construction. Please see the revised detailed preliminary budget attached. Staff recommends approval of the resolution. A'I-I'ACHMENTS · Resolution and City Attorney Correspondence · Bid results · City Engineer, Community Development Specialist/General Inspector Comments · Site Plan · Budget HY-LAND SURVEYING, LAND SURVEYORS Proposecl Top of Block Proposed Goroge Floor Proposecl Lowest Floor T~)e of Building - N 8700 Jefferso~ Hignwoy Osseo. Mi.nesoto 58369 (763) 493-5761 NOTE: PROPERTY CORNERS SET BY DEVELOPERS SURVEYOR CITY OF NEW HOPE 49TH AVENUE P.a. INVOICE NO. 21306- F'.B. NO. 252-02 0 Denotes Iron Monurner,~ I-1 Denotes Woocl Hub Set For Excovation Omy xOO0. O Denotes Existing Elevation O Denotes Proposecl Ftevotion Denotes Surf-ce Droinoge Property Locotecl In Port 0 Sec. 7 , l w~. 118. R. 2,'. NORTH 892.00 892.02 892.55 898.55 897.79 ~ 894.6.3 894.67 897.07 895.64 895.51 895.57 896. I? LOT 41, BLOCK 3, ZUBECK'S ROLLING HILLS ADDITION un4ar the ~ ef ~ S~e ~ M~ ~ by ul ti'iii 5TH dey of IdARC~.I . 20 O~ Signed MI]tM1 F.. H~tend, Minn. Reg~/~. 20262 ~..** 64 Flag Avenue North, SFH - New ConstructionlCHDO Project 4864 Flag Avenue North - Single-Family Home, New Construction/CHDO Project. 1605 sq ft. lARD PROJECT EXPENDITURES New Construction ($96.94 s ft X 1605 s ft ~on New Construction __._---- ~lnstallation --------- )emolition ---------- Lawn mow~Etc. ~a~ Utilities ~Tax CHDO Deve~OME funds) ~'~btotal - Hard Costs Estimated 7,779.00 22,100.0~ 5,000.0C 8,ooo.oo 1 ,ooo.oo 1,000.00 30O.O0 500.00 2,ooo.o__o $ 4,755.00 $ 224,023.0_.~0 SOFT PROJECT EXPENDITURES ~rints ------------ Admin/Clerical ---------- ~hotos $ 300.00 $ 12.000.00 $ 7,000.0C $ 200.00 $ 2,000.00 $ 30.00 $ 100.00 $ 50.00 Open House $ 50.0~0 Subtotal - Soft Costs $ 21,730.00 ITotal Expenditures - Hard & Soft Costs $ 245,753.00 REVENUES IProceeds from Home Sale Subtotal Revenues 155,000.00 155,000.00 ANClNG CDBG Reimbursement $ 61,000.00 HOME Development Fee Reimbursement $ 4,755.00 HOME Grant $ 10,000.00 EDA Reimbursement $ 7,487.50 Subtotal Gap Financin~l $ 83,242.50 PROJECT COST SUMMARY Total Hard & Soft Cost Expenditures $ 245,753.00 Total Revenues $ 155,000.00 iTotal Gap $ 90,753.00 Total Gap Financing {CDBG, HOME & EDA) $ 83,242.50 Remainin~l Gap $ 7,510.50 Single-Family Home Purchase Price - Program Eligible Buyer IPurchasePrice $ I $ HOME 2nd Mort~la(~e ~ Subtotal $ 155,000.00 9,100.00 145,900.00 .. COUNCIL I REi UEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development Development & Plannin~l Item No. 03-26-01 8.4 By: Kirk McDonald By: & Ken Doresk¥ DISCUSSION REGARDING DEVELOPMENT OPTIONS FOR A CITY OWNED PROPERTY LOCATED AT 7105 62ND AVENUE NORTH AND A MOTION TO PROCEED WITH THE DEVELOPMENT OF A TWINHOME CHDO PROJECT (IMPROVEMENT PROJECT NO. 685). REQUESTED ACTION Staff is requesting that the Council pass a motion to proceed with the development of a twinhome CHDO (5-City Community Housing Development Organization) project at 7105 62"d Avenue North. POLICY/PAST PRACTICE After the City purchases a residential property, staff analyzes at a vadety of development options and presents those options to the Council for input and approval. BACKGROUND The subject property is located at 7105 62no Avenue North. The lot measures 14,000 square feet and contains a one-story, 936 sq. ft. single-family home built in 1951. On August 14, 2000, the City Council authorized the =urchase of this property for $103,000 and expressed interest in discussing development options at a later date. CDBG scattered site housing funds were used to purchase the property. Staff was aware that the property needed a new roof, siding, windows and other improvements and requested that the City's engineering consultant evaluate the foundation. Bonestroo Engineering determined that the foundation was in need of repair and/or replacement and the cost associated could be in excess of $25,000. The residential lots located from 7105-7315 62n~ Avenue North are 300 feet deep. Large lots such as these are at times favorable for redevelopment. In 1994, the City worked with the owners of 7105 62nd Avenue North to purchase the rear portion of their corner lot in preparation for the construction of an accessible twinhome CHDO project fronting Louisiana. The property was rezoned to R-2 and 6073/6081 Louisiana Avenue was completed on the site in 1996. Development options for the property are as follows: MOTION BY SECOND BY TO: Request for Action Page 2 ~"g" '~ 1. GMMHC "Plan Book" Project: ~x,~_,~ Staff originally intended to redevelop the property in partnership with the Greater Minneapolis Metropolit Housing Corporation (GMMHC) using a "Plan Book" concept. GMMHC presented a "Plan Book" redevelopment proposal and a demolition/new construction proposal to the City where each budget listed acquisition of the property from the City for $34,600, a $68,400 decrease from our original acquisition cost. Also, GMMHC would not commit to selling the property to a Iow- or moderate-income buyer to fulfill CDBG requirements. If the City were to partner with GMMHC on this project, the City would have to repay CDBG acquisition dollars with TIF funds or general fund dollars. Greater MPLS Metro. Housing Corp. (GMMHC) Plan Book Proposal Summa..~ A~isition from the City ~ Construction Costs ~ --------- -~"~tal Development Cost ____---.-- '~'ale Price ~ GMMHC Proposed Gap --------- Additional Gap amount without usincj CDBG funds..~_.___ ._~p_.Financing (Met. Council's Liv. Comm. Fund Gra__.~[~ Remainin G~q__~_p__ Estimated $34,600.00 $238,300.00 $272,900.00 $122,900.00 $68,400.00_ $52,500.00 ._$138,800.00 Option advantages: · The City and GMMHC would partner on a housing project; · A "Plan Book" project would provide an example of expansion opportunities. Option disadvantages: · Large initial gap; · GMMHC would not commit to selling to a CDBG eligible buyer, expanding gap. CDBG RehablCHDO Project: CDBG rehabilitation was ruled out using the general rehabilitation costs exceed 50% of the market value enclosed rehab cost estimate. rule that the project is not feasible if the total (cost to acquire the property). Please see the City of New Hope CDBG Rehab Project Summary Estimated Acquisition $103,000.00 Rehab (72% of market value) $74,350.00. Associated Rehab Costs $33,797.50 Total Development Cost $211,147.50 Total Revenues (Sale of home) $140,000.00 Total Gap $71,147.50.. Total Gal:) Financin9 (CDBG & HOME) $211,147.50. Total Program Income $140,000.00 Option advantages: · CDBG and HOME funds could be used; · CDBG program income would be generated from the project. Option disadvantages: · Large investment into a 50-year-old home; · Rehab costs are more than 50% of the market value of the home; ~uest for Action Page 3 03-~26-01 ,~. 8ingle-Family Home CHDO Project: A new single family home could be developed in partnership with the CHDO. $30,250 is available fron, ~he CHDO for this possible project. City of New Hope Single-Family Home CHDO Project Summary Estimated Acq uisition $103,000.00 Construction Costs (Hard & Soft/ $207,280.00 Total Development Cost $310,280.00 Total Revenues (Sale of homeI $145,000.00 Total Gap $165,280.00 Total Gap Financing (CDBG, HOME & EDA) $137,280.00 Remaining Gap $28,000.00 * Staff would seek additional HOME funds to fill the remaining gap. Option advantages: · CDBG and HOME funds could be used; · New home would be constructed on the property. Option disadvantages: · Larger remaining gap than the twinhome option. 4. Twinhome CHDO Project: Staff has considered all options and believes that a new twinhome developed in partnership with the CHDO should be built on the site. As is the case with the previous example, $30,250 is available from the CHDO for this possible project. The twinhome could be developed as an accessible home similar to projects completed in the past. The existing home on the property would be demolished or moved, the property replatted and rezoned to R-2 to accommodate a twinhome, similar to the adjacent twinhome property. The enclosed twinhome concept plan would be permissible under the City's proposed zoning code update. Upon adoption of the proposed zoning code, the minimum lot size per dwelling unit in the R-2 district would be reduced from 7,000 sq. ft. to 6,000 sq. ft. City of New Hope Twinhome CHDO ProJect Summary Estimated Acquisition $103,000.00 Construction Costs (Hard & Soft) $369,000.00 Total Development Cost $472,780.00 Total Revenues (Sale of homes (2/) $290,000.00 Total Gap $182,780.00 Total Gap Financing (CDBG, HOME & EDA) $137,280.00 Remaining Gap ($22,750 each) $45,500.00 Staff would seek additional HOME funds to fill the remaining gap. Option advantages: · CDBG and HOME funds could be used; · New twinhome would be constructed on the property; · Property tax potential from two properties rather than one; · Lower remaining gap amount per unit than a new single-family home. Option disadvantages: · Rezoning required. Request for Action Page 4 FUNDING, This project is located in an area where TIF can be utilized. CDBG was used to acquire the property and cout~ be used for further site preparation. HOME funds would be available if the City were to partner with the CHDO on this project. Construction costs would be funded by the sale of the property. Staff recommends that the City Council approve a motion for staff to proceed with the removal of the existing structure and prepare design options for construction of a twinhome on the site. Staff would return to the Council in the future with concept designs for input prior to the preparation of plans and specifications. An'ACHM ENTS, · Location map · Bonestroo Engineering correspondence regarding foundation repair · GMMHC redevelopment proposals · Rehab budget and associated costs · Single-family home CHDO project budget · Twinhome CHDO project budget · Twinhome concepts, site plan COUNTY ROAD 101 I t IIIl.iIllllllllllllllllllllllllllllll $144] 7319 ~ To 7549 6081 6073 8100 605~ 6065 ~052 6025 .....~__~ 6041 6032 6033 6024 6025 6016 6017 60O8 6OO9 60TH AVE N OREGON AVE N 8013 6026 To 6034 Ii 7124 ~ ,,, _- LOMBAf 8008_ 7104' ~ 6017 724O ,,~lllllllllllllll -- 60TH 24.0 240 -66.67--.--- 0 $60 New 5' x 175' sidewalk (alternate) ~ew 40' 'driveway --166.67-- Utility Plan 6073-6081 Louisiana Avenue North ~.0 Scale: 1" - 30' 7105 62nd Avenue Twin Home, New Construction 7105 62nd Avenue North - Twin Home, New Construction. 1,550 square feet each - estimate. XPENDITURES Estimated Acquisition $ 103,000.00 New ConStruction (($100 sc{ ff X 1550 sc[ ft) X 2) $ 310,000.00 5% Contingency on New Construction $ 15,500.00. $ 10,000.00 ILandsc-3rning !Demolition $ 8,000.00 Surveying $ 1,000.00 Lawnmowing, Shoveling, Etc. $ 1,000.00 $ 300.00 Appraisal Utilities $ 500.00 Property Tax $ 2,000.00 CHDO Development Fee (HOME funds) $ 2,750.00 Design Fees $ 1,000.00 Subtotal - Hard Costs $ 455,050.00 SOFT PROJECT EXPENDITURES Publishing $ 300.00 Engineering $ 8,000.00 Legal $ 7,000.00 Copies/Blueprints $ 200.00 Admin/Clerical $ 2,000.00 Supplies $ 30.00 Postage $ 100.00 !Photos $ 50.00 Open House $ 50.00 Subtotal - Soft Costs $ 17,730.00 ITotal Expenditures - Hard & Soft Costs $ 472,780.00 I REVENUES IProceeds from sale of homes ($145,000 each) I$ 290,000.00 Subtotal Revenues $ 290,000.00 GAP FINANCING CDBG Reimbursement $ 131,100.00 HOME Development Fee Reimbursement $ 2.750.00 EDA Reimbursement $ 3,430.00 Subtotal Gap Financing $ 137,280.00 PROJECT COST SUMMARY Total Expenditures $ 472,780.00 Total Revenues $ 290,000.00 Total Gap $ 182,780.00 iTotal Gap Financing.ICDBG, HOME & EDAI $ 137,280.00 Rernainin~l Gap !$22,750 each) $ 45,500.00 Twin Home Purchase Price (each) - Program Eligible Buyer Purchase Price $ 145,000.00 HOME 2nd Mortgage ($22,500 total1 $ 11,250.00 HOME Grant ($5,000 total/ $ 2,500.00 Subtotal $ 131,250.00 * Staff would attempt to obtain an additional $45,500 in HOME funding for this project. cONCEPT A 871.9 ~ I 'T.O.B 674.7 -- I00.00 - -~00.00- - ~11.1 5'/'o ' 8'70.8~ g ~r~ ~ - ~(3.16 - ','lid - N · NoV ? 2 (g~ CONCEPT 871.9 .... -' I00.00 ~E&ST-- T.O.B 874.7 811 .'1 ~11.1 .~?o' "~ S'/'0 ' C LOT~ 2&,?.. BLOCK 2. CAIK~I~N '~ AI~T~T~ NOV :, COUNCIL I REQUEST FOR ACTION - ~ Originating Department Approved for Agenda Agenda Section Community Development 3-26-01 Unfinished & Organizational Business Item No, By: Kirk McDonald By: MOTION AUTHORIZING JOINT COMMUNITY/BUSINESS/CITY SEA GULL DISPERSAL PILOT PROJECT AT 8201 54TM AVENUE REQUESTED ACTION, Per the direction given at the March 19 City Council work session, staff is requesting approval of a motion authorizing the City Manager to expend up to $1,000 for a sea gull dispersal pilot project at 8201 54t~ Avenue North. POLICY/PAST PRACTICE The City Council and staff have conducted several meetings with neighboring residential property owners, a representative of the Department of Natural Resources, and the property manager of the warehouse building at 8201 54th Avenue over the past year regarding the nuisance, noise and health issues created by the sea gulls on the roof of the building. In the past, the City has been proactive in working cooperatively with residents in other areas of the City to resolve neighborhood or environmental problems. BACKGROUND Residential property owners in the area north of 54"~ Avenue near Begin Park have complained to the City over the past several years about sea gulls on the roof of the warehouse located at 8201 54th Avenue. This problem was confirmed in May 2000 when Midwest Acoustics and Electronics, Inc. conducted a nighttime noise level monitoring test for the warehouse at the site and confirmed that a flock of gulls gathering at the site between 4 and 7 a.m. created a loud disturbance. The Council directed staff to further research this issue, meet with representatives of the DNR, the property owner, and neighborhood representatives to discuss: this neighborhood noise issue, and try to determine methods of dealing with this problem. Listed below is a summary of the meetings that took place during the remainder of 2000: 1. July 11 - The property (rooftop) was inspected by the Building Official, a DNR representative, the Animal Control Officer, and property manager. The inspection revealed 500-1,000 sea gulls on the roof, including active nests with eggs, live and dead chicks, one dead adult gull, along with bones and guano. (cont'd.) SECOND BY TO: , Request for Action Page 2 3-26-0, 2. July 13- Staff meeting conducted with City Council representative, neighborhood representative, ~,.DNF and city staff to discuss the problem and potential solutions. The DNR indicated that sea gulls- ,¢ere ~ protected species and could not be eradicated without a special permit, which could be difficult to obtain Ideas discussed to discourage the birds from nesting on the roof included: parallel wires, frightenin.c noises, and repellents. 3. September 27 - A neighborhood meeting was held with residents at Begin Park to discuss the problerr and potential solutions. Methods discussed included mylar stdps, flags, propane cannons, strobe lights. etc. 4. October 3 - Staff again met with the property manager and DNR to discuss options. The DNR recommended that the City try several simple, different techniques this spring to try and disperse the birds. such as a combination of flags, repellent and/or noisemakers. The information they previously distributed said that the keys to effective bird dispersal programs were timing, persistence, organization, and diversity. The property manager has been cooperative throughout this effort; however, he has indicated that he does not feel he is responsible for costs involved for techniques to disperse the birds, as the gulls are not negatively impacting his business. The property manager would prefer to pay costs for some improvements to the building to assist getting equipment on the roof of the building and wants the City to assume costs for any equipment to disperse the birds. What the property owner did agree to do was: 1. Install a new ships ladder in the building to provide safe access from the mezzanine to the roof (estimated cost $2,000). In a conversation with Mark Rancone, property manager, on March 15, he indicated that the new ships ladder is installed and ready for use. 2. Pay for reasonable electrical costs for any disbursement equipment placed on the roof that would require electric power. 3. Allow specific city staff or eradication companies into the building and on the roof to place eradication devices. The City Council discussed this issue at the March 19 Council work session and staff presented costs/options for a pilot project dispersal program, as folloWs: Noise Producinq Mechanisms A. Animal Control Scare-Away Cannons - operates on LP gas and has automatic electronic ignition. Frequency of detonation can be regulated from 30 seconds to 20 minutes. Depending on model purchased, can be left unattended for 10-14 days. Manufacturer recommends moving cannon periodically for best results. Cost Cannon $310 $365 Rotating Platform $210 Optional Timer $300 5-gallon bottle LP gas .~. 25 Total Estimated Cost $900 B. Bird Guard Super BirdXPeller Pro - programmable species-specific repeller. Sonic repeller uses birds' own distress calls to create a "danger zone" and covers up to eight acres, in field tests, has significantly reduced or completely eliminated bird infestations. Features birds' distress cries on a microchip; the birds perceive danger and become agitated and disoriented. Target birds with a species-specific approach; eight bird sounds on the unit (including gulls). Programming options include program volume, time off periods, between sound blasts, and whether sounds play in random or sequential order. Power requirements: 110 or 220V AC. Cost SBXP-PRO (for gulls) $495 ~ 3-26-01 o~ Page 3 ~.equest for Action 2. Liqht Mechanism~ A. Multi-Color Stroboscopic Bird Lit_e - sends out intimidating, intense white, red, blue and amber light at 75 flashes per minute. One million candlepower light pulses and shadows are intolerable and disorienting to birds, causing them to fly away from source of annoyance. Covers up to 10,000 square feet. Cost 105-125V AC $175 3. Audio, Visual Scare Products A. Terror-Eyes Moving Eye Vinyl Inflatable Predator - frightens birds away. Huge 2-foot hanging ball has meandering, moving eyes on front and back that strikes fear in birds. Lenticular eyes produce holographic effects, constantly moving and changing as if "following" infesting birds. Made of brilliantly colored heavy-duty vinyl. Costs 1 - 5 units $45.00 each 6 or more $40.00 each Helikite Predator - combination predator kite/helium balloon that soars and swoops from 0 to 200 feet. The hovering hawk-like kite creates a "no-fly" zone. Each balloon lasts approximately 1 month. Helium required for balloon inflation not included. Package includes Helikite Predator, five disposable balloons, 200 feet flying line and tail attachments. Cost $180 Flvinq Ea.qle and Attackin.q Osprey Kites - handcrafted kite attaches to a flexible 20 ft. pole using an 18 ft. stainless steel lead wire. Birds soar and fly menacingly in variable or gusty winds. Cost Eagle $95 Osprey $70 Mylar Tape - Irri-Tape iridescent foil combines holography, wind and light to irritate pest birds as it moves with the wind, reflecting sunlight. It produces constantly changing colors and patterns that are picked up by birds as a danger signal. Hang from 6-8 foot poles. Cost Trial Kit (100 ft roll with 8 supports) $39 Staff recommended that if the Council wanted to try a pilot deterrence program that a variety of inexpensive options be experimented with that will not require a great deal of staff time. Staff recommended that the Council initially consider purchasing: · (lB) Bird Guard Noise Machine · (3A) Four Inflatable Balloons @ $45 each · (3C) Two Kites · (4) Two Mylar Tape Kits Total $500 180 165 8O $925 The majority of the Council was supportive of trying a deterrence program on a pilot project basis and authorizing an expenditure of up to $1,000 for the purchase of necessary equipment/mechanisms. FUNDING Funds have not been specifically budgeted in the 2001 General Fund budget for this expense so the City Manager and Director of Finance will need to make recommendations how to fund this activity. ATTACHMENTS · Options PROJECT BULLETIN 4864 FLAG AVENUE NORTH Project No. 678 Bulletin #3 Overview On February 26, 2001, the New Hope City Council approved plans and specifications for the construction of a new home and pilings to be built on a City owned lot at 4864 Flag Avenue North. Enclosed, please find copies of a reduced house elevation and site plan. The three-bedroom home including a double garage will measure 1,605 square feet. The home will face the west side of the lot on Flag Avenue. Prior to the home construction, the City Engineer will oversee the installation of pilings. Pilings are steel pipes that are drilled into the ground to support the home's foundation. In preparation for the piling work, excavation of the site is tentatively scheduled to take place during the last week of April. The pilings should be installed by the end of April. The City will contact adjacent property owners about the pile-driving schedule when a start date has been established. The City was involved in a similar home construction/piling project at 8808 41't Avenue North, where neighboring property owners did not experience any problems. Construction of the home will begin once the pilings are installed. When construction is completed, the property will be landscaped. There will be adequate landscaping to buffer the new home from 49th Avenue. The new house is intended to be sold to a first-time homebuyer. Construction Hours Construction activities may occur between the hours of 7 a.m. and 10 p.m., Monday through Friday and between 9 a.m. and 9 p.m., Saturday and Sunday. Site Upkeep The City will maintain the site during the winter and spring months. As a neighboring property owner, if you notice any suspicious activity on the property, please contact the New Hope Police Department at 911 anytime day or night. City Contacts If you have questions or comments about the proJect, please contact Ken Doresky, Community Development Specialist, at 763-531-5137 or Kirk McDonald, Director of Community Development, at 763-531-5119. The City appreciates the cooperation of all residents and businesses in the area that may be impacted by this construction project. Additional bulletins will be sent to you as the project progresses. Thank you for your cooperation. City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 3/01/01 CITY OF NEW HOPE II c 2oo~ .o-£ ,u,,s ,-c. D.F.P. u,,u~.c~,z~D usg or T.,S PLANNING & IGN. INC. U.S. COPYRIGHT a'CT HY-LAND SURVEYING, LAND SURVEYORS Proposed ToD of BJock ~?00 Jefferson Hignwoy ProDosed Goroge Floor Osseo. 1,4,nnesota 55369 Proposed Lowest Floor ~]~ (763) 493-576: NOTE: PROPERTY CORNERS SET BY DEVELOPERS SuRvEYOR ~ITY OF NEW HOPE P.A. INvOiCE NO. F.B NO. 252 SCALE ~"= O Denotes Iron Monur~en*, ~) Denotes Wood ~u~ For [xcovotlon x000.0 Denotes [xistmg [levot~o~ ~ Denotes Proposed ~ Denotes 5urfoce Drmnoge Property Locotea Sec. 7, ~w~ BC 892.00 .C PC 892.00 4 9TH- AVENUE .C CB "C 892.02 r.o,~r~_4 ~ 892.55 NORTH BC B92.88 8C APRON 892.06 r WALK F WALK 89Lg8 892 16 892.64 APRON 891.,6 89238 // 892.96 · 5 '. ' 892.56 WALK 893.17 W~-K ' :.~. 89~L. 10 "C BC 893.12 893 4~ 'NO PRK SCN 893.54 F WALK 893.53 ~ .. B WALK 893.5~ 894.6,' i 894.27 ~. I "94.48 ~ × X 894* 894.96 j DOWN GU 894.g~ 896 49 897 P P COP WD 895.64 6' WD FNC COR HSE 898.58 6' lAD FNC 897.79 897.07 CL FNC 894]4 ; Ct FNC 894.69 COR 5' CL FNC 895.59 5' CL KNC TELE RIS~' 895.57 LOT 41. BLOCK 3. ZU~ECK'S ROLLING HILLS ADDIT u~ tlli$ 201'H ....... ~ ooy ot .~ O0 wr~ r~a~ ' PROJECT NO. 678 Bulletin ~ PROJECT BULLETIN 4864 FLAG AVENUE NORTH Overview On March 26, 2001, the New Hope City Council awarded contracts for the construction of a new home and the installation of pilings on a City owned lot at 4864 Flag Avenue North, S.V.K. Development was awarded the house construction contract in the amount of $157,289. Atlas Foundation was awarded the piling installation contract in the amount of $22,100. The three-bedroom home, including a double garage, will measure 1,605 square feet. The home will face the west side of the lot toward Flag Avenue. Prior to the home construction, the City Engineer will oversee the installation of pilings. Pilings are steel pipes that are drilled into the ground to support the home's foundation, in preparation for the piling work, excavation of the site is tentatively scheduled for the last part of April. The pilings should be installed by the end of April. The City will contact adjacent property owners about the pile-driving schedule and protective measures including seismic monitoring and video taping of foundations when a start date has been established. The City was involved in a similar home construction/piling project at 8808 41st Avenue North, where neighboring property owners did not experience any problems. Construction of the home will begin once the pilings are installed. Construction of the home should be completed by September 2001. Landscaping adequate to buffer the new home from 49t~ Avenue will be nstalled after construction is completed. The new house will be sold to a qualified first-time homebuyer. Construction Hours Construction activities may occur between the hours of 7 a.m. and 10 p.m., Monday through Friday and between 9 a.m. and 9 p.m., Saturday and Sunday. Site Upkeep The City will oversee the contractors and site during the spring and summer months. As a neighboring property owner, if you have any concerns or notice any suspicious activity on the property, please contact the New Hope Police Department at 911 anytime, day or night. City Contacts If you have questions or comments about the project, please contact Ken Doresky, Community Development Specialist, at 763-531-5137 or Kirk McDonald, Director of Community Development, at 763- 531-5119. The City appreciates the cooperation of area residents and businesses that may be impacted by this construction project. Additional bulletins will be sent to you as the project progresses. Thank you for your cooperation. City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428 3/28/01 Back.qround Residential property owners in the area north of 54th Avenue near Begin Park have complained to the City for several years about sea gulls congregating and nesting on the roof of the warehouse located at 8201 54th Avenue. The noise problem was confirmed in May 2000 when nighttime noise level monitoring was conducted. The City Council directed staff to research this issue. City staff inspected the rooftop of the warehouse last summer and conducted several meetings with representatives of the Department of Natural Resources (DNR), the property owner, and the neighborhood to discuss the issue. The City also conducted a neighborhood meeting at the site in September 2000 to discuss options with residents. The DNR indicated that the keys to effective bird dispersal programs were timing, persistence, organization, and diversity. Over the past several months, city staff has researched a number of dispersal alternatives and costs to present to the City Council for consideration. The options considered focused on three broad areas: noise producing mechanisms, light mechanisms, and visual scare products. The effect and intent of these mechanisms is not to harm the gulls, but to deter them from the rooftop area. Action In an effort to address the neighborhood's concern, on March 26 the City Council authorized expenditure of up to $1,000 for a bird dispersal pilot project. The City has placed an order for a noise producing mechanism and several visual scare products, which will be placed on the roof of the warehouse shortly. The City wants to stress that this is only a pilot project and cannot guarantee that the products will repel the gulls. The Animal Control Officer of the City, with assistance from other departments, will help coordinate the program and monitor the results to determine if the test project is effective. Joint Effort The City views this as a cooperative pilot project among the residents, business, and the City: Residents - made the City aware of the problem, coordinated with City on potential solutions, and the City would appreciate your continued feedback on whether the pilot project is having any noticeable results. Business - has cooperated with the residents and City on this issue by installing a new ships ladder to provide safe access to the roof, and is alloWing dispersal equipment to be placed on building roof, 3/28/01 JOINT COMMUNITY/BUSINESS/CITY SEA GULL DISPERSAL PILOT PROJECT 8201 54TM AVENUE City - coordinated with both residents and the property manager on this issue, purchased equipment, and will install equipment and monitor situation. Project Schedule The equipment will be placed on the building roof around April 1, and will remain in place as long as it is having positive results. The City is aware that the gulls have started their return migration to the area and that placement of the equipment on the rooftop as soon as possible is critical. City Contacts If you have questions or comments about the pilot project, please contact Tom Mahan, New Hope Animal Control Officer, at 763-531-5161, or Kirk McDonald, Community Development Director, at 763-531-5119. The neighborhood representative on this project is Dan Bigelow, 5411 Xylon Avenue North. The City appreciates the cooperation of all residents and businesses in the area that may be impacted by this pilot project. Additional bulletins will be sent to you as the project progresses. Thank you for your cooperation. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 March I0, 2001 -- Page 3 Finally, keeping a sheep and a pygmy goat on the property prior to the effective date did not establish a legal nouconforming use for any kind of large animal pet. The addition of other kinds of large animals, including horses, constituted an unlawful expansion of the prior use. Citation: Wing ~: Zoning Board of Appeals of the Town oJ'Cromwell, Appellate Court of Connecticut, No. AC 19435 (2001). see also: Melody v. Zoning Board of Appeals, 264 A.2d 572 (1969). see also: Helicopter Associates Inc. v. Stan~rd, 519 A. 2d 49 (I 986). dult Entertainment~Video store wants ~o operate 24 hours a day 1~G1~40~407101 ) -- Oregon Entertainment Corporation operated Fantasy Adult Video. The zone in which Fantasy Video was located allowed commercial uses conducted between 7:00 a.m. and 10:00 p.m., but required a conditional use permit to allow operations between IO:O0 p.m. and 7:00 a.m. Oregon applied for a conditional use permit so Fautasy Video could operate on an aroundqhe-clock basis. The permit was denied. Oregon sued, bul the court upheld the denial. Oregon appealed. DECISION: Affirmed. Oregon was not entitled to the permit. Evidence was presented that criminal and olher wrongful aclivilies were occurring in the vicinily of anolher adult business Ihal operaled 24 hours a day in another zone in the cily, aud also in Ihe vicinity of auolher adult busi- ness Oregou owned in another cily. AIIhough Ihere was no evidence of crimi- nal or nefimous activity in conneclitm wilh Ibis particular Fanlasy Video si{ne, the evidence presented showed there was an increased polenlial for criminal aclivily al similar businesses that operated during the nighllime hours and was clearly relewmt. Oregon argued because it engaged in a business that was protected under freedom of expression rights and was therefore exempt from zoning regula- tions affecting other businesses. It basically argned it had to be given advan- tageous zoning treatmen! through extended hours under circumslances where preferred Irealment would not be given lo other kinds of businesses. This was not the case, as the Conslilulion did not insulate speech-related businesses from geuerally applicable zoning regulations, but only prevenled Ihe use of zoning as an artifice lo regulate the content of speech. Citation: Oregon Entertainment Corporation v. City of Beaverton, Court of Appeals of Oregon, No. CA AIi!488 (2001). see also: State v. Plowman, 838 P2d 558 (1992). see also: CiO' of Portland v. Tidyman, 759 P2d 242 (1988). Page 8 -- February 25, 2001 Z.B. and a pragmatic decision of whether the decision-maker arrived at a definite position on the issue. The board unequivocally approved five applications. The fact the board adjourned indefinitely any consideration of the other two did not indicate it was derelict in its duty to ensure the plans were of harmonious character, as required by the town code. Since the association missed the deadline by suing four months after the board's decision, its lawsuit was dismissed. Citation: Sagaponack Homeowners Association v. Chief Building Inspector of the Town of Southhampton, Sttpreme Court of New York, App. Div., 2nd Dept., No. 2000-01922 (2001). see also: Chicago & Southern Air Lines u Waterman Corp., 333 U.S. 103, 68 S. Ct. 431, 92 L. Ed. 568 (1948). see also: Church of St. Paul & St. Andrew v. Barwick, 496 N.E. 2d 183 (1986). Conditional Use ~ Developer claims Home Depot engages in "building materials sales" MINNESOTA (01/16/01) -- Ryan Companies U.S. Inc. submitted a hind use application to the City of White Bear Lake requesting a conditional use permit to build a Home Depot store on properly zoned business-warehouse. Befl~re reviewing the application, the city amended its zoning ordinances. One amendment provided the purpose of business-warehouse zoning was m establish "storage and/or warehousing as well as individual sales of large vol- ume wholesale or bulk commercial retail items." "Buildiug material sales" were a permitted use. However, a simullaueous ;.lulelldnleut Io file general business district specifically identified home improvement stores as permitted uses in that zone. The city denied Ryan's application because it was inconsistent with the business-warehouse district and the city's comprehensive land use plan. Ryan sued, and the court ruled in hvor of the city. Ryan appealed, arguing the store was really a lumberyard engaged in bulk building material sales. DECISION: Affirmed. Ryan was not entitled to a conditional use permit for its proposal. The zoning code made it clear the proper location for a home improvement store was the general business district. Based on the store floor plan identify- ing products to be sold, the Home Depot was a home improvement store that sold all kinds of items in non-bulk quantities. Over 24 percent of the proposed store would be used to sell non-building materials. Ryan did not establish these items were reasonably necessary and incidental to the sale of building materials. The business-warehouse district was clearly meant to have industrial-type development, not the intensive retail operations conducted by Home Depot. Citation: Acorn bivestments b~c. v. Ci0, of White Bear l_xtke, Court of Appeals of Minnesota, No. C0-00-1055 (2001). see also: Frank's Nurser3, Sales Inc. v. Ci(v q[Roseville, 295 N. W. 2d 604 (1980). Page 6(~ February 10, 2001 Agricultural Use -- Is snake facility a farm? MARYLAND (12/26/00) -- Kahl was an avid snake lover and successful breeder of exotic pythons and boas. At first, he mated his reptiles in the basement of his home. He then built a facility to breed, raise, and market snakes. Kahl began an Interne: operation and marketed to other breeders, individuals, and institutions. The snakes were usually housed in the facility, but they were sometimes taken outside for exercise. Kahi testified the best breeding results required fe- males to exercise in order to maintain good muscle tone. Kahl requested a "farm qualification" for his facility, which was a permitted use in the zone. Kahl's building was a two-level, 10,000-square-foot, barn-like structure. The snakes were housed on the first floor. Installed in the building were elabo- rate ventilation, security, and composting systems. The facility also bred rats to feed to the snakes, and was served by its own well and septic system. Kahl was granted a "farm qualification," but Marzullo, a neighboring prop- erty owner, appealed the decision. The county board of appeals later over- turned it. Kahl sued, and the court held the snake-breeding facility was a farming activity permitted as of right in the zone. Marzullo appealed. DECISION: Affirmed. Kahl's facility was a farm. Tile relevaut pruvision in tile counly code only used the word "aninml," and not "f;mn animal." The code did nol limit "animal" to ii specific type, but simply required Ihe animals to produce income. There was no question a snake was all animal. Kahl testified he snuned and exercised his animals outside. He composted their waste and spread it over his land. The breediug fi~cility was supported by the land and was hydrated from a well on the land. Finally, lie obtained income t¥om breeding and selling his snakes. It was difficult to draw a distinctiou between this use of the land and other lnoderu farni uses. Citation: Marzullo l: Kahl, Court of Special Appeals of Mar3.,land, No. 2301, Sept. Term, 1999 (2000). see also: Edgewater Liquors Inc. v. Liston, 709 A.2d 1301 (1998). see also: Em'iro-Gro Technologies ,: Bockelman,, 594 A.2d !190 (1991). Communication Tower ~ Tower applicant claims city council decision violates Telecommunications Act NORTH CAROLINA (12/19/{)0) -- SBA Inc. filed an application fi~r a condi- tional use permit Io build a 175-foot telecommunications tower in a Community Business zoning district. Z.B. February 10, 2001 -- Page 7 The application was reviewed by the city's planning department and tech- nical review committee. Although the technical review committee recommended approval, the city council was concerned SBA's real estate appraisal informa- tion did not adequately address the effects of the proposed tower on the value of adjoining properties, the average height of neighboring buildings did not exceed 40 feet, part of the required landscaping buffer would be outside the boundary of SBA's property, and alternative sites and stealth technology had not been adequately explored. Twelve citizens also raised concerus regarding the proposed tower. Ultimately, the city council denied the application. SBA sued, and the court affirmed the city's decision. SBA appealed, claiming the decision violated the federal Telecommunica- tions Act of 1996. DECISION: Affirmed. The city council did not violate the Telecommunications Act. The city council was the body empowered by law to determine whether to issue a conditional use permit. There was conflicting evidence produced, and the decision rested entirely with the city council. Under the city code, the con- cerns stated by the city council had to be adequately addressed, and SBA failed to do so. SBA also failed to eslablish the denial of Ihe conditional use permit was tantamount to a complete prohibition on wireless service in Ihe area. SBA tidied to cite any evidence, olher than the fact Ihe permit was denied, to support such a contention. SBA's own evidence establishes its intenl was lo fill a gap and miprove existing coverage. SBA acknowledged several other existing lowers in the general vicinity belonged lo other wireless providers. Citation: SBA Inc. v. CiO' of Asheville Cio' Council, Court oJ'Appeals of North Carolina, No. COA 99-1344 (2000). see also: Dialysis Cart, v. North Carolina Department of Health, 529 S.E. 2d 257 (2000). see also: Meads v. North Carolina Department of Agriculture, 509 S.E. 2d 165 (1998). Notice -- Paralegal claims she gave notice to man in suit OHIO (! 2/26/00) -- The board of zoning appeals of Deerfield Township de- nied Loveland Park Baptist Church's application for a conditional use permit. Loveland sued, and requested the court clerk serve a cerlified copy of the suit on the township. The township asked the court lo dismiss the case, alleging Loveland had failed to serve the board of zoning appeals with notice. In response, Loveland filed an affidavit by Hall, a paralegal for Loveland's altorney, in which she atlested she personally delivered a notice lo lhe township. The court ruled in faw)r of the township. FEBRUARY 2001 AMERICAN PLANNING ASSOCIAllON Setbacks and Garages in Residential Zoning By Randall A rendt Editor's Note: This issue of Zoning News excerpts a portion of the 1999 PAS Report, Crossroads, Hamlet, Village, Town, by Randall Arendt, concerning the regulation of j~ont setbacks and garages in residential zoning ordinances. For many years, Arendt has championed design that is sensitive to the preservation of open space and to neighborhood aesthetics. We felt that this segment summarized a number of valuable points concerning garages in particular, and we have supplemented it with a brief sidebar about a zoning initiative in Portland, Oregon, that outlaws "snout houses." Consistent front setbacks on village residential streets can be deadening, but too great a variation is frequently worse. All art provided It is certainly possible to build attractive homes on narrow lots (40to 50 feet wide) with garages that do not protrude forward, even in neighborhoods without alleys or rear lanes, as illustrated in this 2.400-square-foot modelj~om ]:ox Heath in Perkiomen Township, Montgomery County, Pennsylvania. Maximum front setback and garage orientation Consistent front setbacks on village residential streets can be deadening, but too great a variation is frequently worse. The recommended approach is to establish a modest range of setbacks, with the largest one not nearly as deep as is typical in most suburban districts. Good ranges to consider a~e five to 10 feet for front steps, 10 to 20 feet for the body of the home, and 20 to 40 feet for front-facing garages. To encourage variety in the streetscape, it is recommended that ordinances specifically allow unenclosed porches to occasionally encroach into the front setback by up to five feet, while steps leading to the porch or front door may, in a certain percentage of cases, begin at the front lot line (but in no case tess than five feet from the sidewalk). Ordinances should also allow for, or encourage, special courtyard effects where homes may be set back behind small green spaces separating them from the road, as was done at both Yorkship Village in Camden, New Jersey., and Narbrook Park in Narberth, Pennsylvania. Ordinances should also allow lots to have no street frontage at all, with alley provision sufficing, as shown on the site plans for Westwood Common in Beverly Hills, Michigan, and Fairview Village in Pordand, Oregon. This approach varies from the idea of a "build- to" line establishing a uniform front setback for new structures, which is more appropriate in downtown contexts. In place of the "build-to" line concept, this report recommends a "build-within range," with exceptions for the intervening parks mentioned above. By establishing a general maximum setback for houses at the same distance (20 feet, in this example) as the minimum setback for front-facing garages, garage doors will not be located closer to the street than the houses themselves. In the absence of such a standard, garages frequently protrude significantly toward the street, causing homes to become "snout houses," with large garage doors dominating the streetscape and residential front doors and windows becoming secondary elements, which is extremely unattractive and completely unnecessary. When developers of detached houses become fixated on making lots as narrow as possible to save pennies on infrastructure, and when they also reject the rear service lane approach, the results can be hideous, which looks like the hands-down winner of a contest to produce the least appealing residential streetscape on the continent. In Carmel, Indiana, Pittman Partners has demonstrated that narrow homes can look great if garage doors are not located on the front facades but, instead, face to the side or rear. The popular belief that rear service lanes add considerably to costs is not necessarily true. The key is to ensure that these lanes Designs with projecting garages are becoming known as "snout houses." A local builder in Carmel, Indiana, has demonstrated that narrow homes can have much more curb appeal if the garage is located to the side or rear. are not required to be built at typical street widths, but rather at an appropriate width for a service lane; namely, 10 to 12 feet of pavement, bordered by gravel shoulders two f~et wide, landscaped with a resilient groundcover such as white clover. The total paved area of the lane--which functions essentially as a shared driveway--is very close to that of the combined area of front driveways, which are typically much longer than those leading to alley-loaded garages. Randall Arendt is the senior conservation advisor at the Natural Lands Trust in Media, Pennsylvania, and the author of several books on conservation design. His new web site can be found at www. greenerprospects, com. Portland Bans the Snout House At first, it was a fight. Builders generally didn't like the idea of outlawing garages that dominate housing design, but neighborhood advocates did. The planning commission recommended the proposal to the city council, but debate continued. Some Portland, Oregon, city council members worried about the intrusion of government into matters of taste. Eventually, however, they lined up unanimously behind a proposed ordinance to ban what came to be known as "snout houses." What is a snout house? Simply put, a house that projects its garage forward toward the street, sometimes obscuring the presence of the residential portion of the structure on the lot. The Portland ordinance, passed on July 22, 1999, decreed that a front door of a new house must be within eight feet of the longest street-facing wall. The garage may not take up more than 50 percent of the street frontage of the home, but if it takes up less than 40 percent, it may project up to six feet forward of the house itself. In addition, at least 15 percent of the front of a new house must consist of doors and windows. Overall, the intent is to require new housing to connect with the rest of the neighborhood, responding to concerns that the greater density Portland has sought must be accomplished with more pleasing design. Jim Schwab There is no reason that standard building plans for snout houses cannot be modified to pull the house forward on the lot until it at least lines up with the garage door. The part ~ extending out toward the back of the lot would then reverse the · house's L-shaped building footprint, providing the opportunity for a semi-enclosed patio screened from one side lot line by the rear extension. A desirable alternative to front-facing garages is the side-loaded model, which should generally be located 20 or 25 feet back from the sidewalk to provide extra off-street parking and so that the rest of the house may be situated not more than about 45 feet back from the sidewalk. Houses, garages, and driveways can be arranged on lots varying in width from 40 to 90 feet in two different situations: with front access and with rear access. Covered walkway connections between garages and houses are especially important in northern climes and also in the rainy Pacific Northwest. The figure on this page depicts garage relationships to the service lane. These alleys are sometimes slightly curved and are laid out with a right-angle at each end, in dog-leg fashion, so that only short sections are visible from the street. D sign Standards The following language is ~om the "Model Zoning Provisions for Village Development" in PAS Report No. 487/488, j%m which the article in thh issue is excerpted. It appears in a subsection titled, "Residential Area Design Standards." If garages, carports, or other accessory structures designed for accessory parking of automobiles in the Residential Areas are front-loaded (i.e, having their large entry door facing the street), they shall not be located closer to the front lot line than the foremost facade of the principal building facing the front property line (stoops, porticos, open colonnades, and open porches excluded). This plan and cross-sectional view of an alley illustrates spatial relationships. Opposing garage doors should generally be between 30 and 40feet apart (more in areas where snow removal is an roue). Experience in some new villages also suggests a need for off-street parking spaces between the garage doors and the alley/ lane, which would bring the garage-to-garage dimension closer to 50feet. 12' / Is 0 5 10 Feet -6 {0 20 30 40 50 Feet NEWS BRIEFS Orthodox Campus Wins Court Approval An Ohio appeals court is busy putting an end to a long-running religious zoning dispute in the Cleveland suburb of Beachwood. The last of a series of appeals was expected in the near future as this issue of Zoning News was being prepared. Much of the dispute has centered around differences between Orthodox Jews, on one side, and Secular and Reform Jews on the other. Beachwood has long been home to a substantial population of Secular and Reform Jews. In more recent years, however, there has been a significant increase in the number of Orthodox Jews. In late 1996, a coalition of Orthodox Jews submitted plans to the city to build a religious campus in a residential area. The area consisted of single-family homes owned by Orthodox Jews as well as some vacant parcels. The plans included several facilities, such as synagogues, ritual baths, day schools, parking, and playgrounds. The land already had been purchased in pieces. Single-family houses were bought and converted into synagogue community centers. Several adjacent abandoned homes, as well as vacant property, were purchased shortly thereafter. The proposed project required rezoning the property from residential to institutional. The planning commission originally rejected the proposal, but later approved ir for the sake of unity. Opposing residents, who complained that the campus would undesirably change the residential character of the neighborhood, brought the dispute to a referendum, in which voters rejected the campus. The referendum did not end the aspirations for an Orthodox Jewish campus. The Orthodox coalition dropped the campus plan and applied for three separate use variances for a high school, synagogues, and mikvas (ritual baths) with the zoning board of appeals. In 1998, the board granted the variances, but this did not end the dispute. Neighboring residents challenged the three ZBA decisions in a series of court cases. Although the trial court sided with the neighbors, the city filed appeals, backed by Young Israel, an Orthodox Jewish group, as intervenors. The city and Young Israel already have won two reversals in Ohio's Eighth District Court of Appeals, the most recent being issued last summer. The third case was awaiting a ruling as of late January. The question of exclusion of synagogues is not a new one for Beachwood. In the early 1950s, the Cleveland area's Jewish population began to settle farther out in its eastern suburbs. Beachwood attempted to bar a Reform Jewish congregation from locating there, partly on the basis that not more than 20 families residing in the suburb at the time were members of the congregation. In 1953, the Court of Appeals for Cuyahoga County ruled that Beachwood's denial of the temple's special permit constituted an abuse of discretion because the city's basis for the decision was that "a great majority of [the congregation's] members live outside... Beachwood." As a result, the temple was built. The current case illustrates that cultural differences are often the underlying factors behind land-use disputes between different Jewish traditions. Beachwood is one of many examples nationwide of communities where waves of Orthodox Jews have settled into secular Jewish neighborhoods. Since Orthodox Jews must live within walking distance of their synagogues in ordej.,to abstain from driving on the Sabbath, their communities ten~ '~ move en masse. This tendenc3', in turn, has the potential o£ l introducing drastic changes in the cultural character of the community. Bar? Bain Beffer Models for Development in Virginia Edward T. McMahon with Sara Hollberg and Shelle~ Mastran. The Conservation Fund, 180ON. Kent St., Suite 11~20, Arlington, VA 22209. August2000. 108 pp. $15 (plus $3 shippingfor first copy, $1 for each additional copy). In an effort to reach both the public and decision makers with alternative development ideas to reshape Virginia's growth, The Conservation Fund has constructed a well-illustrated, plain- English guide that contrasts the worst of what has happened to Virginia with the best, leaving it to the reader to compare the visual evidence and choose. In the process, the book details a number of policy issues and land-use control techniques affecting development with real-life examples from towns in Virginia and elsewhere, providing a handsome and highly usable handbook. Community Planning: An Introduction to the Comprehensive Plan Eric Daraian Kelly and Barbara Becker. Island Pre~s, 1718 Connecticut Ave., N. W., Suite 300, Washington, D. C. 20009. 2000. 496 pp. $35. Need to brush up on planning basics? Teaching "Planning 101 . Or studying for the AICP exam? Authors Kelly and Becker have produced a thOrough introduction to the practice of local comprehensive planning that includes the wide-ranging use of zoning tools as well as the broader concepts of plan development and administration. Zomng News is a monthly new~letter published by the American Planning A.~sociauon. Subscnpuons are available for S55 (U.S.) and $78 (foreign). Frank S. So, Execunve Director; ',X'~lham R. Klein, Director of Research. Zomng New~ is produced at APA. Jim Schwab and Michael Davidson. Editors; Shannon Armstrong, Bar .fy Bain, Jerome Cleland, Fay Dolnick, Nate Hutcheson. Sanjay Jeer. Megan Lew~s. Angela Mesaros, Marya Morris. Reporters: Sherrie Matthews, Assistant Editor; Li~a Barton, Design and Production. Copyright ©2001 by American Planning A~sociation, 122 S. Michigan Ave., Suite 1600, Chicago. IL 60603. The American Planning A~mciation also ha~ offices ar 1776 Massachusetts Ave.. N.W., Washington, DC 20036: w~'w.ptanning.org All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by anf information storage and retrieval system, without permission in writing from the American Planning A~ociation. Printed on recycled paper, including 50-70% recycled fiber ~ and 10% postcon~umer waste.