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040400 Planning AGENDA PLANNING COMMISSION MEETING OF APRIL 4, 2000 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. CONSENT BUSINESS 4. PUBLIC HEARING * 4.1 Case 00-04 Request for Conditional Use Permit to Allow a Portion of the School Building to be Used as a Church by Church of the Open Door, a Conditional Use Permit for Off-Site Parking, and a Variance for the Proximity of the Off-Site Parking, 5530 Zealand Avenue North, Independent School District #281 and Church of the Open Door, Petitioners * 4.2 Case 00-05 Request for Rezoning from R-O, Residential-Office, to B-3, Auto-Oriented Business, and Conditional Use Permits to Allow a Convenience Store with Gasoline, Shared Drive Access, Outdoor Sales, and a Reduction in Loading Berth Size, 9398 Medicine Lake Road, Speedway SuperAmerica LLC/Dan Billmark, Petitioners 5. ZONING CODE UPDATE - Review Residential Zoning Districts only 6. COMMITTEE REPORTS 6.1 Report of Design & Review Committee - Next Meeting: Thursday, April 13, at 8 a.m. 6.2 Report of Codes & Standards Committee 6.3 Report of Comprehensive Plan Update Committee 6.4 Report of Zoning Code Update Committee - Next Meeting: Thursday, May 4, at 5 p.m. 7. OLD BUSINESS 7.1 Miscellaneous Issues 8. NEW BUSINESS 8.1 Review/Approval of Planning Commission Minutes of March 6, 2000. 8.2 Review of City Council Minutes of February 28 and March 13, 2000 8.3 Review of EDA Minutes of February 28, 2000 9. ANNOUNCEMENTS 10. 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. Th'~ Planning Commission will recommend Council approval or denial of a land use proposal based upon tr~, 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 iqvited 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. A. If the Planning'Commission recommends that the City Council approve or deny a request, the planning case will be placed on the City Council agenda for the next regular meeting. Usually this meeting is within one to two weeks of the Planning Commission meeting. B. If the Planning Commission tables the request, the petitioner will be asked to return for the next Commission meeting. PLANNING CASE REPORT City of New Hope Meeting Date: April 4, 2000 Report Date: March 31, 2000 Planning Case: 00-04 Petitioner: Independent School District #281 and Church of the Open Door Address: 5530 Zealand Avenue North Request: Conditional Use Permit to Allow a Portion of the School Building to be used as a Church by Church of the Open Door, a Conditional Use Permit for Off-Site Parking, and a Variance for the Proxim/ty of the Off-Site Parking I. Request The petitioner is requesting a Conditional Use Permit to change the use of the building on weekends to a church for the Church of the Open Door, a Conditional Use Permit for off-site parking, and a Variance for the proximity of the off-site parking, pursuant to Sections 4.054(1), 4.036(12)(a and f), 4.21, and 4.22 of the New Hope Code of Ordinances. II. Zoning Code References 1. Conditional Use Permit for church in R-1 Zoning District. 2. Conditional Use Permit for off-site parking. 3. Variance for proximity of off-site parking (off-site parking limited to maximum 300 feet away from building entry). The parking spaces required for a church: main assembly seats + 3 or 1 space per 3 seats. II1. Property Specifications Zoning: R-l, Single Family Residential Location: Large property at the northeast quadrant of 55th and Zealand Avenues. Adjacent Land Uses: R-1 single-family residential and Begin Park to the south; R-4 apartments to the west and northwest, R-1 single-family to the north; R-3 apartments to the north, and B-2 retail business (Lyndale Garden Center) and B-3 auto-oriented (Ken's Auto Repair) to the northeast; Winnetka Elementary adjacent to Hosterman and R-1 single-family to the east across Winnetka Avenue Site Area: 630 feet x 1,440 feet = 907,200 square feet or 20.8 acres Building Area: Existing school = 160,000 square feet (no change) Lot Area Ratios: Building = 17%, Paved = 15%, Green = 68% Planning District: fl4; Begin Park and the playfields at Hosterman Junior High and Winnetka Elementary comprise a large portion of this District. The City proposes to continually upgrade the park facilities at Begin Park and work with IDS 281 in the maintenance and joint use of the school facilities. No specific comments are included in the 1999 Comprehensive Plan update pertaining to this school Planning Case Report 00-04 Page 1 3/31/00 property, since the City did not anticipate school closings during the update process. Specific Information: Parking required by city code for a church: main assembly seating + 3. The proposal has 864 seats on the gym floor only + 3 - 288 parking spaces required. No stage or bleacher seating is included. The applicant has illustrated 146 spaces available on the entire Hosterman site. · No lot striping exists. · No disability parking spaces are included, which the MN Disability Code requires (ratio is 1:25 -- 6 required). This will reduce the count of 146 to approximately 142. · An additional 146 spaces are required. (288 - 142 -- 146). They are requesting a CUP for off-site parking of 146 spaces on the adjacent Winnetka Elementary site. However, code only allows such off-site parking if within 300 feet of the main entry. Exhibit "Off-Site Parking" illustrates the actual 1,300 foot distance (¼ mile) from the main entry. · A traffic plan has been submitted, however, it was not prepared by a professional engineering firm. No grading/drainage work is proposed. Existing site drainage needs to comply with Shingle Creek Watershed standards. No exterior construction is planned. The school was built in 1961, when few buildings or roads existed in the area, other than a small nursing home to the southwest and the Begin neighborhood homes to the south. Most of the homes built at that time were east of Winnetka Avenue. See Exhibit "Vicinity-1961." Eventually, only local streets were built in the Hosterman area, no collectors or arterials. IV. Background Independent School District (lSD) 281 has decided to close two of its middle schools and consolidate the student bodies in the Robbinsdale High School facility. Hosterman Middle School is one of the middle schools chosen to be closed, lSD 281 is seeking to lease the Hosterman Middle School building to lSD 287 and the Church of the Open Door. lSD 287 is a cooperating school district formed by most of the school districts in Hennepin County. Its purpose is to provide services to member school districts that, individually would be very expensive to provide. Most of those services are in the areas of special education. Currently, lSD 287 is located in Winnetka Elementary School. A description of lSD 287's proposed use of the Hosterman building is attached. The lSD 287 school uses are consistent with the historic use of the building. No significant building or site modifications or alterations are proposed. This use is allowed within the Hosterman facility. The Church of the Open Door is being displaced from the Robbinsdale High School site. They are in need of a shod-term relocation site until the completion of a new church facility in Maple Grove. Occupancy of the new church is anticipated to be fall of 2001. The introduction of the Church of the Open Door to the Hosterman building is a change of use that has building, site and land use implications that must be addressed. The Hosterman site is zoned R-l, which allows churches by conditional use permit provided that the use can comply with the conditions for conditional use approval: V. Petitioner's Comments The petitioner has submitted the following correspondence regarding the proposed uses of Hosterman Middle School. Planning Case Report 00-04 Page 2 3/31/00 District 287 (Does not require zoning approval) " District 267 is a cooperating school district formed by most of the school districts in Hennepin County. The Robbinsdale School District is one of the member districts. Its purpose is to provide services to member districts, that individually, would be very expensive to provide. Most of those services are in the area of special education. District 287 currently leases the first floor of Winnetka Elementary School. The administration of District 287 is looking at relocating its Winnetka programs, as well as a number of programs scattered around Hennepin County, to the Hosterman site, including: Age of Number of Number of Number Pro~lram Students Students Classrooms of Staff Setting 4 Elementary- Middle 35 5 21 Day Treatment Elementary - Middle 28 4 27 North Options Middle - High 30 4 17 Deaf/Hard of Hearing Options North High 5 1 4 MMI/EBD Middle - High 30 4 18 MMI/EBD Elementary 6 1 4 SUN-North Elementary 6 2 4 Excel High 20 2 3 Administration 10 Totals 160 23 108 These programs will be located in the northwest and northeast wings, along the north corridor, and along the corridor east of the pool. In addition, District 287 will occupy the administrative office area. Students will be transported by vans and small buses and will be dropped off on the north side of the building. Regular hours will be from 7 a.m. to 4 p.m. Monday through Friday. The programs operate during the school year and offer scaled back summer school programs. Evening use of Hosterman by District 287 will be limited to occasional staff meetings and parent open houses. There will be no weekend use of the building by District 287. Carpet may be installed, some rooms may be painted, and communications lines rerouted. No alterations in the building will occur, except for fire code and health and life safety requirements. The district will continue to maintain the building and grounds. The District 287 administration is seeking a five-year lease, but have been informed that the lease must be reviewed and renewed annually. The Robbinsdale School is developing a long-range plan for facility use. The City of New Hope and the School District will need to work together in dealing with the Hosterman and the Winnetka sites. Church of the Open Door (Requires zoning approval) Church of the Open Door of the Christian Missionary Alliance (COTOD), founded in 1946, has held its weekend services at the Robbinsdale High School (RHS) since 1988. Average total attendance among its three services (5 p.m. Saturday, 9 and 11 a.m. Sunday) is about 2,700 people. The children's Sunday School Program serves about 600 children during the Sunday services. Its weekday evening programs are held in the facility it owns at 6421 45t' Avenue in Crystal. COTOD has purchased 40 acres in Maple Grove located at the southwest side of Interstate 94 between the Weaver Lake and 93rd Avenue highway exits. The Maple Grove City Council has approved COTOD's development plan for the site. Construction is scheduled to begin in summer 2000 with occupancy in fall 2001. District 281 has decided to close two of its middle schools and consolidate their student bodies in the RHS facility for the school year beginning fall 2000. RHS has informed COTOD that the space it leases at RHS will need to be vacated. Therefore, beginning the summer 2000, COTOD needs an interim site Planning Case Report 00-04 Page 3 3/31/00 for its weekend services during the construction of its permanent facility in Maple Grove. Its weekday 9vening programs will continue to be held in the Crystal facility until the Maple Grove facility is completed. The Hosterman site, including the southern half of the building (excluding the existing middle school office space and home economics rooms), provides comparable program space as RHS, approximately 80% of the assembly space provided at RHS, and approximately 50% of the on-site parking available at RHS. However, the COTOD interim facility committee believes HMS is suitable for its interim needs. Church of the Open Door needs approximately 12,500 square feet of additional lease space at Hosterman than is currently leased at RHS. Except for adding four adult community rooms, this extra square footage does not increase any particular area of OD's ministry; it results because of the following reasons: · There is approximately 3,788 square feet of storage space at RHS that is used without charge. · The children's ministry is allotted the same 25 rooms as at RHS, but the rooms are all a little bit larger, resulting in additional 5,400 square feet at HMS. · The four additional adult community rooms total 3,307 square feet. The church will need a minimum of 12 months, with the potential of a six-month extension to accommodate their proposed building/fund-raising timeline on their Maple Grove site. COTOD began meeting in a home in 1946. The group soon grew to 40 people and began meeting at RHS. This group probably never imagined Open Door would exist today as a congregation of approximately 2,700 and that, through a series of moves, the church would again return to RHS. The first church was constructed in 1954. A larger church was purchased in Crystal in 1977. By 1986, membership had grown to more than 700 necessitating meeting at Cooper High School. By 1988, attendance had doubled to 1,600 and Open Door moved again, this time to RHS. Attendance now tops 3,500, and the community is still centered in RHS. A typical week's programming and outreach also included children, junior high, senior high, young adult and adult programming, pre-marriage ministry, women's groups, and other ministries. Parkinq The existing Hosterman parking lot capacity is 147 and the existing adjacent school parking lot capacity is 142, for a total of 289. Given New Hope's 1:3 parking space to attendee ratio, the available on-site parking will accommodate up to 867 Open Door attendees in the Hosterman gym. James Gerber of the School District has notified Capstone that the Hosterman gymnasium bleachers are unsafe for any use. We are further interested in discussing whether or not the District would allow the bleachers to be removed to provide us a little more breathing space in the gym. Based upon present estimates, the maximum gym seating capacity is just under 867. We are also amenable to the idea of developing a shuttle service that would provide overflow parking access at Cooper High School. We are willing to discuss traffic management issues with staff to arrive at the most time and cost effective process that meets the needs of the Church, Hosterman's neighbors, Police and City staff. Operational Manaqement There shall be no parking on residential streets near either school during Saturday evening and Sunday a.m. service times. The no parking area shall include all residential streets bordering the school's sites on the north and south including Zealand, Yukon, Xylon, Wisconsin, Virginia, and Utah Avenues. One hour before church service times, church staff will place covers over existing signs that would otherwise Planning Case Report 00-04 Page 4 3/31/00 allow parking during the weekend on residential streets. The cover shall state, "No Parking." After the ~ service completion Sunday a.m. the church shall be responsible for removing the sign covers. The church shall use a team of attendees to direct vehicles that are not only entering the school sites, but also the main desired flow patterns to the site of access to and from the site exclusively along 56th to/from Boone Avenue and 55thtO/frOm Winnetka Avenue. This team shall wear identifiable, reflective vests. If requested, under the direction of the Chief of Police, the church will install and remove barricades at the entrance of neighborhood streets. Potential barricade locations would be: 54th/55th/56th & Zealand Avenue 54th/55th/56th & Wisconsin Avenue 54th/55th/56th & Yukon Avenue 54th/55th & Virginia Avenue 54th/55th/56th & Xylon Avenue 54th/55th & Utah Avenue The barricades will be installed one hour prior to the start of weekend events. Each barricade will contain a sign stating "Local Traffic Only" and "No Event Parking." Enforcement will include ticketing and towing. If necessary, off-duty police can be placed at these general areas to ensure ingress and egress to the prohibited parking areas is controlled. Annual Review of Traffic Management Plan City staff, the church and the School District shall review the traffic management plan after several events have occurred. Afterwards, the plan shall be reviewed annually. City staff, the Church and School District may amend the plan if traffic operations relative to the weekend services create impacts not contemplated at the time of adoption of this plan. Conclusion This is a preliminary plan assertion as requested by the Design & Review Committee at our meeting on March 16. In the event that a more sophisticated plan is required, a traffic engineer will be retained to undertake a more thorough analysis of related impacts to the conditional permit application. We appreciate the opportunity to work with you and the New Hope planning staff on this proposal. We will appreciate any feedback from you or staff leading to a refinement of this proposal. VI. Notification Property owners within 350 feet of the property were notified and staff have received no comments VII. Development Analysis A. Zoning Code Criteria Conditional Use Permit General Provisions 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: Planning Case Report 00-04 Page 5 3/31/00 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. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: 1. In Residential Districts, R-1,2.3,4,5, R-O: a. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. b. Screening. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. c. Compatible Appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. Conditional Use: Church The Hosterman site is zoned R-l, Single Family District. Within the R-1 Zoning District, public, educational, and religious buildings are allowed by conditional use permit, provided that: 1. Side yard setback shall be double the district standard, but no greater than 30 feet. The existing Hosterman school meets or exceeds all the required setbacks. 2. Parking: Adequate off-street parking and access is provided on the site or on lots directly abutting across a public street or alley to the principal use and that such parking is adequately screened and landscaped from surrounding and abutting residential uses. Conditional Use: Off-Site Parking The applicant is requesting a second conditional use permit for off-site parking and a variance from the off-site parking proximity standard as a means for satisfying the church parking standards. According to Greg Dehler of W01d Architects, the existing Hosterman parking lot capacity is 147 and the existing adjacent school parking lot capacity is 142, for a total of 289. Given New Hope's 1:3 parking space to attendee ratio, the available on-site parking at both sites will accommodate up to 867 Open Door attendees in the Hosterman gym. The provision of adequate parking is a criteria issue related to the function of the church and its compatibility within the adjoining residential neighborhood. The Hosterman site provides 147 parking stalls. This is approximately 50% of the parking requirement based on the assembly hall capacity and approximately 50% of the on-site parking currently provided at the Robbinsdale High School site. The applicant is proposing to utilize off-site parking located at Winnetka Elementary School and/or a shuttle service from Cooper High School to compensate for the parking shortage. Analysis of the church raises the following issues: 1. The assembly hall capacity was designed based on the available parking at the Hosterman and Winnetka Elementary school sites rather than the operational characteristics of the church. Within the applicant's narrative description, the "project scope" indicates that the three weekend services average 2,700 people or 900 per service. This is greater than the seating capacity of the assembly hall. Under the "Open Door's History," the applicant indicates that attendance now tops Planning Case Report 00-04 Page 6 3/31/00 3,500 at the Robbinsdale High School. These attendance numbers suggest that the proposed off- street parking area does not have sufficient spaces to accommodate the church's current parking needs and does not account for high participation events or continued growth. 2. Section 4.036(12) outlines the performance standards for off-site parking. These standards require reasonable access from the off-site parking to the use being served. Off-site parking for nonresidential uses shall not be located more than three hundred (300) feet from the main entrance of the principal use being served. The nearest parking stalls on the Winnetka Elementary site are 1,300 feet from the main entrance of the Hosterman building serving the church. The applicant is requesting a variance form the off- site parking proximity standard. However, staff believes that this distance eliminates convenient access to the church facility (particularly during inclement weather) and as a result patrons will choose to park on the street at points close to the church rather than walk this distance. On-street parking and increased traffic will negatively impact the surrounding neighborhoods. Variance - Proximity of Parkin.cl 1. The purpose of a variance is to permit relief from strict application of the zoning code where undue hardships prevent reasonable use of property and where circumstances are unique to the property. A hardship may exist by reason of narrowness, shallowness, or shape of property or because of exceptional topographic or water conditions. The hardship cannot be created by the property owner and if the variance is granted, it should not alter the essential character of the neighborhood or unreasonably diminish or impair property values in the neighborhood. 2. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. 3. Additional criteria to be used in considering requests for a variance includes the following and the Planning Commission/City Council shall make findings that the proposed action will not: A. Consistent With Purpose of Variance. Be contrary to the purposes of a variance. B. Li.qht and Air. Impair an adequate supply of light and air to adjacent property. C. Street Connections. Unreasonably increase the congestion in the public street. D. Public Safety. Increase the danger of fire or endanger the public safety. E. Property Values. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to intent of City Code. The Planner's report states that in considering a variance from the proximity standard, there does not appear to be undue hardship that warrants a variance: 1. There is not a physical hardship related to the size or configuration of the parcel that would prevent compliance with city standards. 2. The circumstance is related solely to the proposed use of the site. 3. If granted, the variance will alter the essential character of the locality through on-street parking and traffic. 4. Economic hardship alone shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Zoning Ordinance. In support of their off-site parking CUP and variance, the applicant has furnished a Traffic Management Plan as a means of reducing on-street parking and traffic impacts on the adjoining Planning Case Report 00-04 Page 7 3/31/00 neighborhoods. The Traffic Management Plan is modeled after the Cooper High School Stadium Plan. The church's plan involves hooding the parking signs and barricading residential streets with signage limiting access to "local traffic only." Attendants from the church would be used to direct traffic. The Planner's report further states that in review of the Traffic Management Plan, the following observations are made: 1. The plan did not include the analysis of a traffic engineer. 2. The church use differs from the Cooper High School stadium in the frequency of events and the Hosterman site is not served by a neighborhood collector street like Cooper High School (47th Avenue). 3. Based on observation and investigation of the church's operation at the Robbinsdale High School site (see Exhibit J), staff raises question as to the church's ability to implement and enforce its Traffic Management Plan. B. Development Review Team The Development Review Team was not supportive of the project, because: · School District did not submit plans and a letter outlining required Building Code upgrades when converting the school to a church. (This was submitted after Design & Review meeting.) · Inadequate parking · Public safety problems caused by illegal on-street parking and peak hour congestion in the residential neighborhoods. · Concerns about the permanent effect of granting a church CUP on the site. C. Desiqn & Review Committee The Design Review Committee was somewhat supportive of the proposal, if the issues outlined by the Development Review Team, above, can be resolved. D. Plan Description · Building Code Issue: On March 27, a plan and architect's letter was submitted and approved by the Building Official to address gym and stage upgrades if the use changes to a church. The letter states "We have reviewed the potential code issues concerning the use of the existing gym at Hosterman as a worship space. The district is willing to install a fire-protection sprinkler system in the main gymnasium and storage area. Per UBC Section 508, we are requesting that fire protective sprinkler system be allowed as a substitute to meet the one-hour construction requirement necessary for an "A2.1" occupancy. This modifies the existing Type 11-N to a Type 11 one-hour in the Hosterman gym and stage area. Please review the attached gym and stage plan. They will also continue making the improvements required, per the fire marshal's order. Currently, the gym and all of the corridors and exits have emergency egress lighting fixtures spaced approximately 30 feet apart. The fire alarm system has horn/strobe units and the exit lights have been upgraded. These systems will not be modified." · A draft Traffic Management Plan was drafted by the church staff that shows effort on their part, but is missing the expertise and balance of a traffic engineers analysis. The shuttle concept to the Cooper High School lot is alluded to, but it is unclear if financing exists for an adequate shuttle system. If the project moves forward, a thorough traffic analysis by a qualified traffic engineer must be submitted for review. · Available Hosterman lot parking spaces have been verified with a plan. Staff conclude that 142 spaces can and must be striped on the Hosterman site, leaving a need for 146 spaces elsewhere. Planning Case Report 00-04 Page 8 3/31/00 E. Planning Considerations Comprehensive Plan The 1999 New Hope Comprehensive Plan identifies the Hosterman Middle School site for public and semi-public uses recognizing the current school use of the property. The church would fall into the public/semi-public land use category, however, it must demonstrate that operation would be consistent with the comprehensive plan policies, which include: 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. B. 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.). C. Investigate remedies to correct or eliminate existing land use compatibility problems. D. 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. Goal 5: Maintain and enhance the strong character of New Hope's single-family residential neighborhoods. Policies: C. Prevent the intrusion of incompatible land uses in Iow-density, single-family neighborhoods. Land Use Compatibility Adiacent land uses include apartments and single-family homes to the north, apartments to the west, single-family homes and Begin Park to the south, and athletic fields and Winnetka Elementary School to the east. The introduction of high traffic generating land use will impact the adioining neighborhoods. Performance Standards The church is requesting a variance in providing parking for the facility. The City Building Official has noted that Church of the Open Door leasing part of the Hosterman building would be a change of occupancy as defined by the Uniform Building Code and would require improvements. Compliance with the Building Code standards must be required if the church occupancy is approved. Traffic Section 4.212(6)(a) requires nonresidential conditional use permits within an R-1 Zoning District area required to channel nonresidential traffic onto a street abutting business or industrial uses leading directly to thoroughfares and not onto minor residential streets. All the streets serving the Hosterman site are classified as residential streets. The site does not abut a collector or arterial street. Traffic accessing and egressing the site would depend on residential streets. F. Buildinq Considerations Concept plan approved March 28 for Building Code-driven modifications for "Two-Year Church Use" of gym and stage. Remodeling must be done prior to church use. Planning Case Report 00-04 Page 9 3/31/00 G. Legal Considerations Staff has requested that the City Attorney and Planning Consultant determine if any means exist to limit the church use to two years maximum in lieu of a permanent CUP. H. Engineering Considerations The City Engineer has reviewed the plans and information submitted and made the following comments: 1. The submitted information provided indicates 147 parking spaces at Hosterman and 142 at Winnetka Elementary. It is recommended that all stalls be striped such that the lot is fully utilized by the church members. If the lot is not striped, parking may not be fully organized reducing the capacity of the lot. Any striping or re-striping should be a requirement of this application. 2. We have discussed the strong likelihood of church members parking on local residential streets with the applicant. Neighboring streets including 55th Avenue, 56th Avenue, Xylon Avenue (north of Hosterman), and Zealand Avenue (west of Hosterman) were reconstructed three years ago to a width of 32 feet. This width does allow for parking on one side of the street and one drive lane in each direction. The streets are signed in this manner. Therefore, on-street parking is allowed where designated. However, the adjacent side streets in residential areas cannot easily accommodate overflow parking from uses at Hosterman Middle School. As a result of this discussion, a traffic control plan and measures have been submitted by the applicant, the church has agreed to take measures to prevent on-street parking and "cut- through" traffic on residential streets. The measures include signage, barricades, and traffic control personnel. We feel that it is feasible for the church to control parking and traffic; however, impacts will still be felt by adjacent properties. · Peak traffic periods will still lead to long traffic queues as traffic moves to Boone Avenue and Winnetka Avenue. The church will generate over 300 trips per day. This will impact existing traffic flows regardless of how it is controlled. · Barricades and traffic control will impact local residential and North Ridge traffic. It will be difficult for control measures to discern between local traffic and church traffic. · Traffic noise and other noise from people, car doors, etc., will impact local residents. Typically, churches receive access directly from community collector streets and do not rely on access through residential neighborhoods. This avoids conflicts between the intensity of public gatherings and the Iow use desired by residents. 3. If new site improvements are considered, which they aren't at this time, storm water requirements will be required in accordance with Shingle Creek Watershed and New Hope Surface Water Management Plan. From a transportation perspective, the existing Hosterman site is not laid out to accommodate on-site parking based on the size of the building and the uses that could be there other than a middle school. However, if the City and the church are willing to agree to accept traffic control measures and the associated impacts, the use could be considered on a temporary nature. I. Police Considerations Robbinsdale's experience with Church of the Open Door has demonstrated on-street parking problems and traffic complications, with Police enforcement action necessary. See attached memo from New Hope Director of Police. Planning Case Report 00-04 Page 10 3/31/00 J. Fire Considerations J Outstanding orders from the State Fire Marshal need to be complied with. K. Parks & Recreation Comments Please see attached memo from the Director of Parks & Recreation. The Parks & Rec Department currently utilizes the stage area at Hosterman on a year-round basis for gymnastics classes. During the school year, the use is on Saturdays from 9:00 a.m. to 3:30 p.m. and in the summer the use is on weekdays. If the church proposal is approved, it is likely that the use of the building for gymnastics will be eliminated due to the church set-up starting on Saturday at noon. If the church use is approved, the City would like to cooperate with the District on the location of another facility for this activity. And although this current use of Hosterman by the Parks & Rec Department should not impact the zoning decisions on this application, staff does want to make the Commission/Council aware of this information. VIII. Summary lSD 281 and the Church of the Open Door are seeking a short-term solution to the displacement of the church from the Robbinsdale High School site. Due to the temporary nature of this arrangement, the applicants are attempting to locate in the Hosterman Middle School while avoiding significant investment in permanent improvements pertaining to the site and building. From a financial perspective this is understandable. From a land use perspective, which is dictated by ordinance, it appears that the proposed church in the Hosterman building is an over-utilization of the site that would impact the adjoining neighborhoods with parking and traffic. In this respect, if the land use (whether temporary or permanent) cannot demonstrate compliance with the City's Comprehensive Plan policies or zoning standards, it should not be approved. If the School District and Church of the Open Door can demonstrate compliance with the Building Code for the change of building occupancy and provide a more sophisticated traffic management plan prepared by a traffic engineer that addresses the concern of convenient parking, safe traffic movement and proper enforcement, the City may consider approving the CUP with the understanding that if the Traffic Management Plan proves ineffective, the CUP approval may be reconsidered. The land use issue is complicated. If a school or church were being constructed today, this location on local streets 55th and Zealand Avenues would not be an option. More likely, an arterial street would be selected for traffic volume reasons, such as Medicine Lake Road or Winnetka. Nearby access to signalized intersections is important for larger schools. The existing school use is served by school busses and operates weekdays only, which significantly reduces vehicle counts. The parking lot is bigger than needed for the school use. Churches, on the other hand, usually have no bus service, have weekend heavy use and many times more vehicle counts. The idea of shared uses - school (weekday) and church (weekend) - may avoid parking demand overlap but has changed the 1961 New Hope approved use to a seven-day-a-week use with major traffic implications surrounding a fully developed residential neighborhood. The traffic/parking issue could be solved with two 30-seat busses employed to shuttle 300 persons from the Cooper High School lot (or Kmart lot with approval) to the site before and after each service. "No Parking" on local streets would be allowed but might involve City Police enforcement costs. Staff does have a concern with the variance request for the location of the off-site parking because a non- economic hardship is not demonstrated and staff thinks it unlikely that church members will walk several blocks in inclement weather if parking appears available on a nearby street. Planning Case Report 00-04 Page 11 3/31/00 IX. Recommendation ~ ~ue to the intensity of the church use, concerns exist pertaining to Building Code issues, adequate off- street parking and traffic on adjoining residential streets. Staff review of the development application highlights these concerns. In consideration of the development applications and after considering public comments, staff recommend that the Planning Commission and City Council have three options for dealing with church relocation in the Hosterman Middle School. 1. The Planning Commission and City Council could make a finding that the proposed use is an over- utilization of the site and fails to satisfy review criteria and performance standards related to the requested conditional use permit and variance for the church and deny the application. 2. The Planning Commission and City Council could approve the CUP and variance with conditions that address the operational, traffic, and land use issues. Conditions could include, but not be limited to: A. Compliance with Building Code standards related to the change in building occupancy per the City Building Official approval. B. The applicant submit a' Traffic Management Plan prepared by a traffic engineer that outlines methods to mitigate on-street parking and traffic concerns in the surrounding neighborhoods. The plan should include criteria for measuring the plan's effectiveness. C. Due to the temporary nature of the church and the potential impact on the surrounding neighborhoods, staff would suggest quarterly reviews of the Traffic Management Plan with plan amendments to address issues. D. If the Traffic Management Plan proves to be ineffective in addressing church parking and traffic issues, the conditional use may be revoked. E. Compliance with City Engineer and Building Official recommendations on parking lot striping and ADA parking stalls. 3. The Planning Commission and City Council may choose to continue the public hearing to allow the applicant to provide additional information addressing the approval conditions outlined in Option 2 above. Attachments: Address/Zoning/Topo Maps 3/24 Petitioner Correspondence 3/9 Petitioner Revised Correspondence/Traffic Management Plan School District 287 Narrative Architect Correspondence re: Code Issues Gym Sprinkler Plan Hosterman Site Plan Winnetka Elementary Site Plan Aerial Photo Site Plan Floor Plan - Weekend Use of Facility Corrective Action/Code Issues Church Use on Saturday/Sunday lSD 287 Use Monday through Friday Building Official Attachments Overlapping Use Areas Application Log Gymnasium Seating Plan Planner's Report City Engineer Memo Police Chief Parking Memo Director of Parks & Recreation Memo Planning Case Report 00-04 Page 12 3/31/00 · ~ ......~ ..... - ' , '~ ' 'm*, ~ ~ -u -' ~- - LF ...... ~',~i~ ~i ...... -"- ~ j ~11:~ '"'..~ "~ .... ~ -' - ~11 . --I i I ~l ~ : '--... ,..,_ ~ ~ ~ ~ J ..~ : · . : -. - ........ HOME ........... . i~ : ~ - - : ~" "Co R ~T NORTH' ~ ..... ; HOSTERMAN ~ ~ ' ........ ~ ~; dR HIGH SCHOOL RIDGE APART- ~ MENTS ," ; ~ 55~ A~ N ......... ........ ; NORTH ~ RIDGE :"'~ ~ , ~ ; ~ .~-;-~, ~~ !z~;~: .......... ........ ; :~.~,, ......... : ,~:~':~T";~'"~: ,~ ~, ~ ~,, ~ ~, ' .......... : 54~ A~ N ....... L BASS LAKE B - -1 --R-O HOSTERMAN ~ JR HIGH R-2 SCHOOL WINNETKA ELEMENTARY CAT~CL SCHOOL 'E R4- >: > : ~_~ CHURCH 50TH AVE N OF CHRIST FAIRVIEW -AVEN _ CAPSTONE Friday, March 24, 2000 - Kirk McDonald City o£New Hope 4401 Xylon Avenue North New Hope, M-N 55428 Dear Kirk: Thank you for patience and assistance in the development of this Conditional Use Permit for Hosterman School as an interim site for Church of the Open Door. Please review the attached 1 ~' draft of our proposed Traffic Management Plan. We will work with your staff, if necessary, to enhance this plan in whatever manner you and the Planning & Zoning Design Review Committee deem necessary. Based upon the short notice of the need for this level of delineation prior to further discussion with staff, this is the level of detail that we were able to provide. Aside from specific traffic calculations regarding the site's present weekend traffic along proposed route (which is perceived to be nominal to- date), the contents of our plan parallel the detail included in the forwarded Cooper Traffic Management Plan. Our desire is to provide whatever detail is necessary to enable your staff, the committee and the subsequent decision-making bodies to make the best decision for Church of the Open Door. Greg Dehler, Wold Architects will provide the additional parking, code related etc. deliverables that the committee requested. church1 ::f Thursday, March 09, 2000 Kirk McDonald Director of Community Development City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Church of the Open Door's Traffic Management Plan for Hostc,man/Winnetka Schools Mr. McDonald; On behalf of The Church of the Open Door, the Applicant, Capstone Vision Management is pleased to present this addendum to the application for a Conditional Use Permitting for Facility Occupancy at Hosterman School. This narrative clarifies the proposed traffic management needs of this Conditional Use. Project Scope Situation: Church of the Open Door of the Christian Missionary Alliance (COTOD), founded in 1946, has held its weekend services at the Robbinsdale High School (R_HS) since 1988. Average total attendance between its three services (5:00 PM Saturday, 9:00 AM and I 1:00 AM Sunday) is about 2,700 people. The children's Sunday School program serves about 600 children during the Sunday servtces. Its weekday evening programs are held in the facility it owns at 6421 45~' Ave. N., Crystal, IV~ 55428, know as the Crystal Building (CB). COTOD has purchased 40 acres in Maple Grove located at the southwest side of Interstate 94 between the Weaver Lake and 9Y~ Ave. highway exits. The Maple Grove City Council has approved COTOD's development plan for the site. Consu'uction is scheduled to begin in Summer 2000 with occupancy in Fall 2001. Need: The Robbinsdale Independent School District 281 (SD281) has decided to close two of its middle schools and consohdate theLr student bodies in the RI-IS facility, for the school year beginning FaLl 2000. RHS has reformed COTOD that the space it leases at RI-tS will need to - be vacated. Therefore, beginning m the Summer 2000, COTOD needs an interim site for its weekend services during the construction of ~ts permanent facility in Maple Grove. Its weekday evening programs will continue to be held in the CB facility, until the Maple Grove facility is completed. JVroposed School l~'strict Solution: The Hosterman Middle School (HMS), one of the middle school facilities being consolidated in the RHS is being considered for COTOD's interim site. The HMS site, including the southern half of building (excluding the existing middle school office space and home economics rooms), provides comparable program space as RHS, approximately 80% of the assembly space provided at RHS, and approximately 50% of the onsite parking available at RI4S. However, the COTOD interim facility committee believes HMS is suitable for its interim needs. We determined that Church of the Open Door's needs approximately 12,500 square feet of additional lease space at Hosterman than is currently leased at Robbinsdale High School (RI-IS). Except for adding 4 adult community rooms, this extra square footage does not increase any particular area of OD's ministry; it results because of the following reasons: - There is approximately 3,788 square feet of storage space at RHS that is used without charge. - The Children's ministry is allotted the same 25 rooms as at RHS, but the rooms are all a little bit larger, resulting in an additional 5,400 square feet at HMS. - The 4 additional adult community rooms total 3,307 square feet. The church will need a minimum of 12 months, with the potential of a 6-month extension to accommodate their proposed building/fundraising timeline on their Maple Grove site. Open Door Today' The Church of the Open Door communit? does more than worship. Three weekend services are held at RHS: Saturday at 5:00pm, and Sunday at 9:00 am and 11:00 am. A typical week's programming and outreach also includes children's, junior high, senior high, young adult and adult programmi~g: pre-marriage ministry; women's groups: and other ministries. Open Door reaches out to people who are broken and hurting. The community's culture and values emphasize serving other people and the community, not high pro£fle buildings or structures. This proposed PUD will create a spartan, modest facility that will be the physical heart ora Christian community. P~ According to Greg DeN~ of Wold McNte~, ~e exNfing Hoste~an par~g lot capaciw ~ 147 and ~e exm~g adjacent ~amar school par~g lot capaciw is 1~, for a total of 289. Given New Hope's 1:3 par~g space to auendee ratio, ~e available omite parhng w~ acco~o~te up to 867 ~en Door aaendees m ~e Hoste~an ~. James Gerber, Lead ~soc. for OPS & Ma~temnce of Facilities Dr ~e Robbim~le Mca School D~=i~ 281 has notified Capstone ~at ~e Hoste~an ~asium bleachers are u~afe for any use. We are ~ interested m d~cussNg whe~er or not ~e Dis=i~ would a~ow ~e bleachers to be removed to provide us a liffie more brea~ing space in ~e ~. Based upon present estimates, ~e maximum ~m seating capaciW ~ just under 867. We are also amenable to ~e idea of developing a shuffle se~ice ~at would provide oveffiow-parhng access at Cooper High School. We also are wiling to discuss =affic management ~sues ~ stuff to amve at ~e most ~me and cost effechve process ~at meeu ~e nee~ of~e Church of~e ~en Door, Hoste~an's neighbors, CiW of New Hope Police and CiW of New Hope Stuff. Operational Management There shall be no parking on residential streets near either school during Saturday evening and Sunday a.m. service times. The no parking area shall include all residential streets bordering the schools sites on the North and South including Zealand, Yukon, Xylon, Wisconsin, Virginia, Utah avenues (see Figure 2). One hour before church service times, Church staff will place covers over existing signs that would otherwise allow parking during the weekend on residential streets (see Figure 2). The cover shall state, "No parking". After the service completion Sunday a.m. the Church shall be responsible for removing the sign covers. The church shall use a team of attendants to direct vehicles that are not only entering the school sites, but also the main desired flow patterns(see Figure 1) to the site of: access to and from the site exclusively along 56th to/from Boone Ave and 55th to/from Winnetka Avenue (see Figure 1). This team shall wear identifiable, reflective vests. If requested, under the direction of the Chief of Police, the Church will install and remove barricades at the entrance of neighborhood streets. Potential barricade locations(see Figure 2) would be · 54'*/55%/56'~ & Zealand Avenue · 54th/55th/56m & Wisconsin Avenue · 54 , >. ',.6 & Yukon Avenue · 54th/55m & Virginia Avenue · 54m,"55m/56'~ & Xvlon Avenue · 54m/55m & Utah Avenue - The barricades will be installed 1.0 hour prior to the start of weekend events. Each barricade will contain a sign staung "Local Traffic Only" and "No Event Parking". Enforcement will include ticketing and towing. If necessao' off-duty police can be placed at these general areas to ensure ingress and egress to the prohibited parking areas is controlled. Annual Review of Traffic Management Plan City Staff, the Church and the School District shall review the traffic management plan after several events have occurred. Afterwards the plan shall be reviewed annually. The City Staff, the Church and the School District may amend the plan fftraffic operations relative to the weekend services create impacts not contemplated at the time of adoption of this plan. Conclusion This is a preliminary plan assertion as requested by the design review committee as per our collective meeting March 16, 2000 at 9:00 a.m. In the event that a more sophisticated plan is required a traffic engineer will be retained to undertake a more thorough analysis of related impacts to the Conditional Permit Application. We appreciate the opportunity to work with you and New Hope Planning staff on this proposal. We will appreciate any feedback from you or staffleading to refinement of this proposal. As Agents for the Church of the Open Door, Capstone Vision Management Maurice Gavin -- (612) 897-7819 or Pat CormoIly- (612) 897-7726 ::r o.9_. Use of Hosterman (Intermediate School District 287) District 287 is a cooperating school district formed by most of the school districts in Hennepin County. The Robbinsdale School District is one of the member districts. Its purpose is to provide services to member districts that, individually, would be very expensive to provide. Most of those services are in the area of special education. District 287 currently leases the first floor of Winnetka Elementary School. The administration of District 287 is looking at relocating its Winnetka programs, as well as a number of programs scattered around Hennepin County, to the Hosterman Middle School site. Those programs include: Proeram Age of Students Number of Number of Number Students Classrooms of Staff Setting 4 Elementary - Middle 35 5 21 Day Treatment Elementary - Middle 28 4 27 North Options Middle - High 30 4 17 Deaf/Hard of Hearing High 5 1 4 Options North MMI/EBD Middle - High 30 4 18 MMI/EBD Elementary 6 1 4 SUN-North Elementary 6 2 4 Excel High 20 2 3 Administrative ] 10 Total: ] 160 23 108 These programs will be located in the northwest and northeast wings, along the north corridor, and along the corridor east of the pool. In addition, District 287 will occupy the administrative office area. (See layout of Hosterman.) Students will be transported by vans and small buses and will be dropped offon the north side of the building. Regular hours will be from 7:00 A.M. to 4:00 P.M. Monday through Friday. The programs operate during the school 3'ear and offer scaled back summer school programs. Evening use of Hosterman by District 287 will be limited to occasional staff meetings and parent open houses. There will be no weekend use of the building b; District 287. Carpet ma,;' be installed, some rooms may be painted, and communications lines rerouted. No alterations in the building will occur, except lbr lire code and health and life safety requirements. The ' district will continue to maintain thc building and grounds. The District 287 administration is seeking a five-year lease, but have been informed that the lease must be reviewed and renexved annuattx. The Robbinsdale School is developing a long range plan for facility use. The City of New ~ tope and the School District will need to worked together in dealing with the Hosterman and thc Winnctka sites. TW page I 3~9~00 305 ST. I'[TI:~, S'I'Rt Fq T~[_~. ST. P^UL. MN 55102 651.227.77'3 t:.~x 651.223.~,646 25 SOUTH GRO~t: Etc;~x, Ii 60120 847.008.2600 ~-~; March 27, 2000 ~ ~ , ,. .~- ~- r~:: ~ FAX Doug Sandstad Building Inspector City of New Hope - · 4401 Xylon Avenue North New Hope MN 55428 Re:Conditional Use Permit for Hosterman Middle School Commission No. 9999 Dear Doug: We have reviewed the potential Code issues concerning the use of the existing gym at Hosterman as a worship space. The district is willing to install a fire-protection sprinkler system in the main gymnasium and storage area. Per U.B.C. Section 508, we are requesting that fire protective sprinkler system be allowed as a substitute to meet the one- hour construction requirement necessary for an "A2.1" occupancy. This modifies the existing Type II-N to a Type II 1-Hour in the Hosterman gym and stage area. Please review the attached gym and stage plan. They will also continue making the improvements required, per the fire marshal's order. Currently, the gym and all of the corridors and exits have emergency egress lighting fixtures spaced approximately 30' apart. The fire alarm svstem has horn/strobe units and the exit lights have been upgraded. These systems will not be modified. In addition, please find the enclosed parking lot striping layout for both Winnetka Elementary and Hosterman. We hope this meets x~ith xour approxal. Please call if you have any questions. Sincerely, ~OLD ARCHITECTS AND ENGINFXRS Project Manager/Assoc ialc cc: Kirk McDonald. 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PLAN OF CORRECTION Name of Schook Hosterman Middle Schoot File Number: ED27321007 Address: .5530 Zealand Avenue North New Hope, Minnesota 55428-3751 During a follow-up inspection conducted on S.ep. te..rrflbf~r 29,, ..1.,,qg.7_,.it.wa$.four~c~hat certain violations cited against the building identified above i~~'l~s'dated April .161 i~1997~remain uncorrected. By no later than a written plan of correction must be submitted to the State Fire Marshal outlining what action will be taken to correct each of the outstanding violations and specifying a date by which the corrective action is expected to be completed. Pursuant to M.S. 124.83, Subdivision 1, this plan of correction must be approved by the School Board. Please complete this form and sign below certifying that the following plan of correction is valid and has been approved by the School Board. Superintendent of Schools School Board Chair Date Date Violation Completion Number CORRECTIVE ACTION TO BE TAKEN Date 1 The D~str,ct will provide add~bonal approved smoke detection system 8/3112001 interconnected to the fire department m all rooms except classrooms and offices and corridors 2 The D~strmt wdl prowde self-closing devices at the door between 8/31/99 custodian room 402 and the dry food storage room, and the corridor door of the pool filter room 3 :-The D~str~ct will replace the broken Shut-off valve on the main gas hne to 12/31/98 the kitchen cooking apphances 4 Document the flame retardancy of the cafeteria stage curtains or treat 8131199 curtains with flame retardant mater~a; 9 The District wdl ehmmate the 42' dead-end corndor from the main hallway 8/31/99 to 9~rls' gym exit doors (by mowng the exit doors) 10 The D~str~ct wdl ehmmale the 46' dead-end corridor from the main hallway 8/31/2001 to the boys gym exit doors (by mowng the exit doors). 11 The Distr~ct wdl prowde second ex,ts from the media center and choir 8131199 room B 20 Prowde permanent w~rmg to serve the refrigerator in the pool locker room 8/31/99 23 Repair or replace emergency hghbng unit in music area corridor. 12/31/98 26 The District wilt provide ~mergency hghtmg of minimum I foot candle at 8/31/2001 floor in the old stage area at the gyms 29 The District Will prowde an interconnected magnetic hold-open device for 8/31/2001 corridor doors at custodian room 402 ' bjp~gBOB3\pian of correclton~Hosterrnan ¢ !! I ~---'- .... "-'- MAR-28-2000 10:~1 NRC MEMORANDUM TO: Kirk McDonald FROM: Alan Brixius DATE: March 28, 2000 RE: New Hope - Hosterman School / Church of Open Door FILE NO: 131.01 - 00.03 BACKGROUND Independent School District (lSD) 281 has decided to close two of its middle schools and consolidate the student bodies in the Robbinsdale High School facility. Hosterman Middle School is one of the middle schools chosen to be closed, lSD 281 is seeking to lease the Hosterman Middle School building to lSD 287 and the Church of the Open Door. lSD 287 is a cooperating school district formed by most of the school districts in Hennepin County. Its purpose is to provide services to member school districts that, individually, would be very expensive to provide. Most of those services are in the areas of special education. Currently lSD 287 is located in Winnetka Elementary School. A description of lSD 287's proposed use of the Hosterman building is attached as Exhibit A. The lSD 287 school uses are consistent with the historic use of the building. No significant building or site modifications or alterations are proposed. This use is allowed within the Hosterman facility. The Church of the Open Door is being displaced from the Robbinsdale High School site. They are in need of a short term relocation site until the completion of a new church facility in Maple Grove. Occupancy of the new church is anticipated to be Fall of 2001. The introduction of the Church of the Open Door to the Hosterman building is a change of use that has building, site and land use implications that must be addressed. The Hosterman site is zoned R-l, which allows churches by conditional use permit provided that the use can comply with the conditions for conditional use approval. MAR-28-2000 10:32 NAC -'= The following applications have been submitted for City consideration pertaining to the Church of the Open Door at the Hosterrnan Site: Conditional use - church use Conditional use - off-site parking Variance from the off-site parking proximity requirement. Attached for reference: Exhibit A lSD 287 Description Exhibit B Church of the Open Door Description Exhibit C Aerial Photograph Exhibit D-1 Site Plan - Hosterman Middle School Exhibit D-2 Site Plan - Winnetka Elementary School Exhibit E Building Use Church Exhibit F Building Use lSD 287 Exhibit G Building Use Overlapping Use Areas Exhibit H Gymnasium Seating PLan Exhibit I March 24th Traffic Management Plan Exhibit J Report from New Hope Police RECOMMENDATION The Church of the Open Door is seeking the temporary relocation of their operations from the Robbinsdale High School to Hosterman Middle School until they can complete construction of a new church in Maple Grove in 2001. Due to the use intensity of the church, concerns exist pertaining to Building Code issues, adequate off-street parking and traffic on adjoining residential streets. Staff review of the development application highlights these concerns. In consideration of the development applications, the Planning Commission and City Council has three options for dealing with church relocation in the Hosterman Middle School: 1. The Planning Commission and City Council could make a finding that the proposed use is a over-utilization of the site and fails to satisfy review criteria and performance standards related to the requested conditional use permit and variance for the church and deny the application. 2 MA~-~-~000 10:~ NAC ~ ~ ~ ......... 2. The Planning Commission and City Council could approve the CUP and variance "- with conditions that address the operational, traffic and land use issues. Conditions could include, but not be limited to: a. Compliance with Building Code standards related to the change in building occupancy per the City Building Official approval. b. The applicant submit a Traffic Management Plan prepared by a traffic engineer that outlines methods to mitigate on-street parking and traffic concerns in the surrounding neighborhoods. The plan should include criteria for measuring the plan's effectiveness. c. Due to the temporary nature of tl~e church and the potential impact on the sun'ound[ng neighborhoods, we would suggest quarterly reviews of the Traffic Management Plan with plan amendments to address issues. d. If the Traffic Management Plan proves t~ be ineffective in addressing church parking and traffic issues, the conditional use may be revoked. 3. The Planning Commission and City Council may choose to continue the public hearing to allow the applicant to provide additional information addressing the approval conditions outlined in Option 2 above. ISSUES AND ANALYSIS Conditional Use: Church Church of the Open Door of the Christian Missionary Alliance (COTOD), founded in 1946, has held its weekend services at the Robbinsdale High School (RHS) since 1988. Average total attendance between its three services (5:00 PM Saturday, 9:00 AM and 11 :)) AM Sunday) is about 2,700 people. The children's Sunday School program serves about 600 children during the Sunday services. Its weekday evening programs are held in the facility.it owns at 6421 45th Avenue. N., Crystal, MN 55428, known as the Crystal Building (CB). With consolidation of middle school facilities at Robbinsdale High School, the Church of the Open Door is being displaced and seeking temporary relocation at the Hosterman site. Church of the Open Door has purchased 40 acres in Maple Grove located at the southwest side of Interstate 94 between the Weaver Lake and 93rd Avenue highway exits. The Maple Grove City Council has approved Church of the Open Door's development plan for the site. Construction is scheduled to begin in Summer 2000 with occupancy in Fall 2001. MA~-20-2000 10:~2 NAC ~ ::~ = ....... The Hosterman site is zoned R-l, Single Family District. Within the R-1 Zoning District, public, educational and religious buildings are allowed by conditional use permit, provided that: 1. Side yard setback shall be double the district standard, but no greater than 30 feet. The existing Hosterman school meets or exceeds all the required setbacks. 2. Parking: Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 4.036 and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 4.033 (4). The applicant is requesting a second conditiona use permit for off-street parking and a variance from the off-site parking proximity stande rd as a means for satisfying the church parking standards. Our analysis of this issue is )rovided later in this report. Conditional Use: Off-Site Parking According to Greg Dehler of Wold Architects, the .~xisting Hosterman parking lot capacity is 147 and the existing adjacent grammar school )arking lot capacity is 142, for a total of 289. Given New Hope's 1:3 parking space to attEndee ratio, the available onsite parking will accommodate up to 867 Open Door attendeE,s in the Hosterman gym. The provision of adequate parking is a criterial is.,;ue related to the function of the church an its compatibility within the adjoining resident al neighborhood. The Hosterman site provides 147 parking stalls. This is approximately 50% of the parking requirement based on the assembly hall capacity and approximate y 50% of the on-site parking currently provided at the Robbinsdale High School site. Th; applicant is proposing to utilize off-site parking located at Winnetka Elementary School a~d/or a shuttle service from Cooper High School to compensate for the parking shortage. ,~talysis of the church raises the following issues: ' 1. The assembly hall capacity was designe(t based on the available parking at the Hosterman and Winnetka Elementary sc:hool sites rather than the operational characteristics of the church. Within the applicant's narrative descriptioh, the "project scope" indicates that the three weekend services average 2,700 pe~3ple or 900 per service. This is greater than the seating capacity of the assembly hall. Under the "Open Door's History", / 4 ~A~-~0-~000 10:~ NAC ~ ~ ....... the applicant indicates that attendance now tops 3,500 at the Robbinsdale High School. These attendance numbers suggest that the proposed off-street parking area does not have sufficient spaces to accommodate the church's current parking needs and does not ac, count for high participation events or continued growth. 2. Section 4.036.12 outlines the performance standards for off-site parking..These standards require reasonable access from the off-site parking to the use being served. Off-site parking for nonresidential uses shall not be located more than three hundred (300) feet fi-om the main entrance of the principal use being served. The nearest parking stalls on the Winnetka Elementary site are 1,300 feet from the main entrance of the Hosterman building serving the church. The applicant is requesting a variance from the off-site parking proximity standard. However, staff believes that this distance eliminates convenient access to the church facility (particularly during inclimate weather) and as a result patrons will choose to park on the street at points dose to the church rather than walk this distance. On street parking and increased traffic will negatively impact the surrounding neighborhoods. In considering a variance from the proximity standard, there does not appear to be undue hardship that warrants a variance: 1. There is not a physical hardship related to the size or configuration of the parcel that would prevent compliance with City standards. 2. The circumstance is related solely to the proposed use of the site. 3. If granted, the variance will alter the essential character of the locality through on- street parking and traffic. 4. Economic hardship alone shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Zoning Ordinance. In support of their off-site parking CUP and variance, the applicant has furnished a Traffic Management Plan as a means of reducing on-street parking and traffic impacts on the adjoining neighborhoods. The Traffic Management Plan is modeled after the Cooper High School Stadium Plan. The church's plan involves hooding the parking signs and barricading residential streets with signage limiting access to "local traffic only". Attendants from the church would be used to direct traffic. · MA~-~0-~000 ~0:3~ NAC ~ ~ ~ ......... In review of the Traffic Management Plan, we offer the following observation: 1. The plan did not include the analysis of a traffic engineer. 2. The church use differs from the Cooper High School stadium in the frequency of events and the Hosterman site is not served by a neighborhood collector street like Cooper High School (47th Avenue). 3. Based on observation and investigation of the Church's operation at the Robbinsdale High School site (see Exhibit J), staff raises question as to the church's ability to implement and enforce its traffic management plan. Other Conditional Use Criteria Section 4.212 of the New Hope Zoning Ordinance outlines the following criteria that must be considered with any conditional use permit. Comprehensive Plan The 1999 New Hope Comprehensive Plan identifies the Hosterman Middle school site for public and semi-public uses recognizing the current school use of the property. The church would fall into the public/semi-public land use category, however, it must demonstrate that operation would be consistent with the comprehensive plan policies which include: 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. B. 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.). C. Investigate remedies to correct or eliminate existing land use compatibility problems. D. 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. G MAR-~B-~000 10: ~ NAG ~ .............. Goal 2: Maintain and enhance the strong character of New Hope's single family r~ residential neighborhoods. Policies: C. Prevent the intrusion of incompatible land uses into Iow density single family neighborhoods. Land Use Compatibility Adjacent land uses include apartments and single family homes to the north, apartments to the west, single family homes and Begin Park to the south, and athletic fields and Winnetka Elementary School to the east. The introduction of high traffic generating land use will impact the adjoining neighborhoods. Performance Standards As cited earlier, the church is requesting a variance in providing parking for the facility. The City Building Official has noted that Church of the Open Door leasing part of the Hosterman building would be a change of occupancy as defined by the Uniform Building Code and would require improvements. Compliance with the Building Code standards must be required if the church occupancy is approved. Traffic Section 4.212 (6) (a) requires nonresidential conditional use permits within a R-1 Zoning District are required to channel nonresidential traffic onto a street abutting business or industrial uses leading directly to thoroughfares and not onto minor residential streets. All the streets serving the Hosterman site are classified as residential streets. The site does not abut a collector or artedal street. Traffic accessing and egressing the site would depend on residential streets. CONCLUSION lSD 281 and the Church of the Open Door are seeking a short term solution to the displacement of the church from the Robbinsdale High School site. Due to the temporary nature of this arrangement, the applicants are attempting to locate in the Hosterman Middle School while avoiding significant investment in permanent improvements pertaining to the site and building. From a financial perspective this is understandable. 7 From a land use perspective which is dictated by ordinance, it appears that the proposed church in the Hosterman building is a over-utilization of the site that would impact the adjoining neighborhoods with parking and traffic. In this respect, if the land use (whether temporary or permanent) cannot demonstrate compliance with the City's Comprehensive Plan policies or zoning standards it should not be approved. If the School District and Church of the Open Door can demonstrate compliance with the Building Code for the change of building occupancy and provide a more sophisticated traffic management plan prepared by a traffic engineer that addresses the concerns of convenient parking, safe traffic movement and proper enforcement, the City may consider approving the CUP with the understanding that if the Traffic Management Plan proves ineffective, the Clip approval may be reconsidered. pc: Steve Sondrall Doug Sandstad TOTRL P.09 Office&' 5~. P~. Rochester. Wl~r and SL ~ ~ · ~lw~e. WI ~:: Engineers & Architects ~tte:~roo.com TO: ~rk McDon~d, ~ug S~dstad ~OM: Vin~ V~der To~a~k Hanson :::~:" SUBJECT: .Hosterm~- chumh ~f ~e O~n D~r '~;~. We have received the additional information reg~ding ~e CHP application for ~e Church o~ the O~n Door. ~e following comments are bas~ on this information ~d previous discussions with the applicant's mcresentative. 5'.:.' .~.~ 1. The submitted info~atioa pmvi~d indicate~ 147 p~king spac~ at Ho~tem~ and 142 at ... Winnetka Elemental. It i~ ~commend,d that ~1 ~t~ ~ ~ffi~ 8ach ~at ~e lot is ~lly utilized by the church members. ~ ~e lot i~ not ~ffi~, p~ng may not ~ fully organized reducing ~e capacity of ~e lot. Any striping or m-sffiping ~ho~ld ~ a ~uimment o~ this . ppt~ ati '~' 2. We have discussed the s~ng likelihood of chumh ~m~rs ~ng on l~al residential stoats with the applic~t. Neighboring st~ts inelud~g 55~ Avenue, 56~ Avenue, Xylon Avenue (noah of Hosto~), and ~and Avenue (west of Hoste~an) were r~onstt~cred :': throe yea~ ago to a wid~ of 32 feet. ~is wid~ d~ allow for p~king on one ~ide of the streel and one drive l~e in each. dir~flon, The st~s ~ si~in this m~ner. Therefore, on-street p~king is allowed where desi~at~, However, the ~jacent side st~ts in residential ~e~ c~not e~ily ~commoda~ oveffiow parking, from uses at Hostennan As a ~sult of this discussion, a traffic con~ol plan ~d me,urns h~q b~n submitted by the applicant. ~e Church h~ a~e~ to take me~su~s to p~vent on st~t parking and "cut- through" traffic on residential streets. ~e measu~s include signage, barricades, and traffic "~ We feel that it is feasible for the church to control p~ng ~d traffic; however, impacts will still be felt by adjacent pro~rties. · Peak traffic periods will still lead to long traffic queues as traffic moves to Boone Avenue .... and Winnetka Avenue. The church will generat~ over 300 trips per day. This will impact existing traffic flows regardless of how it is controlled. · Barricades and traffic control will impact local residential mad Northridge traffic. It will .:: b~ diffienlt for control me,urns to discern betw~n local tr~-fic and church traffic. · Traffic noise and other fioise from people, car doors, etc., will impact k~:al rgsidents. Typically, chumhes receive access directly from community collector streets and do not rely on access through residential neighborhoods. This avoids conflicts between the intensity of' public gathefing~ and tl~e low-use desired by residents. :..' 3. If new site improvemenm, am considered, which they m'~n't at this time, storm water requirements will be requi..md in accordance with Shingle Cr~k Watershed and New Hope Surface Water Managemen~ Plan. From a transportation persia.five, the existing Hosterm~ sit,~ is not laid out to accommodate "~ on-site parking based on the size o( the building and the uses that could be them other than a middle ~chool. However, if the City and the Chumh ~'~ willing to agl'~ to accept traffic control measures and the associated impacts, the use could be consider~l on a t~mponu'y nature. If you have questions regarding these comment~q, please call this office. Memorandum To: Dan Donahue, City Manager From: Gary Link, Director of Police ~ Date: March 21, 2000 Subject: Parking and Traff~c Evaluation for Church of the Open Door at the Hosterman Middle School Site Robbinsdale Senior High History and Current Statu~ Lt. Wayne Shellum, Robbinsdale Police Department, reported that after the Church of the Open Door began using the former Robbinsdale Senior High School facility, the city had to install new fire lanes and other parking restrictions at and around the facility in order to control parking. Following the installation of these controls, they assigned a CSO to handle enforcement. Robbinsdale does not provide any traffic control. Access to and from the facility is on Regent Avenue from both 36th Avenue and 42"d Avenue, as well as access off Highway 100 on 39"' Avenue into the general area. Lt. Shellum states that Church of the Open Door has been responsive to city concerns, however, some of the issues, specifically parking off the grounds, have been out of their control. One of the reasons for installing restricted parking was to ensure emergency vehicle access. · Marked parking spaces at the Robbinsdale Senior High facility totaled 286 parking spaces. · Observations were conducted at the facility for all three services to determine the number of vehicles and potential traffic problems. · The 5 p.m. Saturday service had a minimum of 350 vehicles in the two main parking lots and the overflow lot, with more vehicles still arriving. Eighty-five vehicles were counted on the street with more vehicles still arriving. There were a total of 435 vehicles and that number was increasing at the time of the count. · The 9 a.m. Sunday service had 200 vehicles parked on the street around the school and in the immediate neighborhood (residential) with many of these spots being used before the lots were full. There is posted residential parking in the area which is generally respected, however, there were some violations. (Areas posted "Residential Only Parking" are extremely difficult, if not impossible, to enforce.) Four hundred-sixty vehicles were observed in the two main lots and the overflow lot and boulevards (total of 660 vehicles). · The 11 a.m. service had an additional 75-100 vehicles parking on the roadway making it nearly 300 total vehicles in the area of the building. An additional 75 vehicles parked in the overflow lot which was now nearly completely filled (total of 810+ vehicles). · Vehicles were observed parking too close to stop signs, around corners, on the boulevard, and "Residential Only" posted areas. In the parking lots, the vehicles were observed parking outside marked zones and squeezing in wherever possible creating lanes of travel that narrowed down to only one vehicle. · Traffic seemed to flow freely into and out of the general area, even during the time period from 10:25 a.m. to 11:10 a.m. when there was some exchange of traffic between the two services. There is some pedestrian travel required, however, it did not seem to be a general problem. · The area south and west of the facility is essentially abandoned at this time. Some homes have been moved and others are abandoned and waiting to be moved as part of the Highway 100 construction project. Without this project there would have been fewer on-street and overflow field parking areas where vehicles could be parked. Hosterman Middle School Current Status and Potential Problems · Church of the Open Door projects 147 parking spaces at Hosterman (unknown if this includes both the south and north lots) and 142 at Winnetka Elementary, which is 800 feet to the eastmfront door to front door (total of 289 parking spaces). · Access to this building from either Winnetka, the preferred route being 55~ Avenue, Bass Lake Road or Boone is through or bordering on residential neighborhoods. · The 289 parking spaces in the two school lots is insufficient to handle the number of vehicles for any of the three services; therefore, this would require on-street parking which is allowed surrounding the school, however, would completely fill all of the surrounding residential streets in order to accommodate the large number of vehicles during Sunday morning services. · There are sidewalks in the area that would provide safe passage for pedestrians to the school, however, a fair amount of walking on the streets would be required to reach these sidewalks. Vehicles exiting the area would be using standard two lane roadways with the exception of both left and right turn lanes off 54"~ and 56~ Avenues onto Boone Avenue, and off 55~ Avenue onto Winnetka Avenue. The quantity of vehicles, particularly for Sunday morning services, would be far in excess of that which has been normally experienced by this building and the surrounding area. icc:'-Kii'k McD(Snald, Dli~ctOr of Community De'~e oT~r~e~{~ · Page 2 ~am Sylvester - Re: HOSTERMAN AGREEMENT Page 1 i From: Shad French To: Kirk Mcdonald; Steve Ellingson Date: 2/15/00 8:07AM Subject: Re: HOSTERMAN AGREEMENT My thought, Kirk, was that as you discuss with the church all that is involved in them holding services there, that you also let them know that a city activity also needs space in the stage gym. An activity that has been held at this site for hte past 25 years. I would hope that becuase they want something from us that they might be more willing to be flexible on this timing issue on Saturdays. It will be quite difficult to hold gymnastics somewhere becuase of the specialized equipment involved. It's not like trying to relocate a basketball program. >>> Steve Ellingson 02/15/00 08:03AM >>> Shari asked me to give this information to you to see if that could be in the agreement. I will talk to Shari about what we should do, but anything you can do with this would be greatly appreciated. Shari, what are your thoughts? >>> Kirk Mcdonald 02/14/00 03:45PM >>> I will do what I can, but I really think that is a School District decision and would encourage you to forward your message to Tom W. >>> Steve EIlingson 02/14/00 01:54PM >>> Shad said you are currently working on the agreement the school district and Open Door Church are tyring to arrange. I understand that the church has asked to enter the building beginning at noon on Saturday. I would like to see if we can some flexibility on the noon requirement specifically for the stage gym area. We run a large gymnastics program on Saturday using the stage gym area off of the main gym. Our program runs until 3:45 each Saturday with nearly 100 kids participating. I would like to see if they would allow us to use that area until 3:00p I think we could modify our class schedule to make that work. As you continue negotiations with the school and Open Door could you see if that could be arranged. This of course will all depend on the rental rate the school will require to use this space. Thanks!! PLANNING CASE REPORT City of New Hope Meeting Date: April 4, 2000 Report Date: March 31, 2000 Planning Case: 00-05 Petitioner: Speedway SuperAmerica LLC/Dan Billmark Address: 9398 Medicine Lake Road Request: Rezoning from R-O, Residential-Office, to B-3, Auto-Oriented Business, and Conditional Use Permits to Allow a Convenience Store with Gasoline, Outdoor Sales, and a Reduction in Loading Berth Size Second Signatory: Jim Horgan, adjacent landowner at 9390 Medicine Lake Road has signed the application to consent to the shared driveway component which is required by Hennepin County. I. Request The petitioner is requesting rezoning from R-O Residential-Office to B-3 Auto-Oriented Business, site and building plan review, and conditional use permits to allow a convenience store with gasoline, outdoor sales, and a reduction in loading berth size, pursuant to Sections 4.201, 4.124(2), 4.125(4), 4.037(6)(a)(ii) and 4.21 of the New Hope Code of Ordinances. II. Zoning Code References SuperAmerica is requesting a rezoning, site plan approval, and four conditional use permits to allow the construction of 4,045 square foot convenience gas station on the property located at 9398 Medicine Lake Road. The project needs the following approvals: · A rezoning from R-O, Residential-Office District to B-3, Auto-Oriented Business District to allow a convenience store with gasoline as a conditional use within the B-3 District. · Site plan approval to allow construction. · A conditional use permit to allow the construction of a convenience store with gasoline. · A conditional use permit to permit a shared access from Medicine Lake Road. · A conditional use permit to allow the outdoor display of products for sale. · A conditional use permit to allow construction of an undersized loading area. III. Property Specifications Zoning: R-O, Residential-Office Location: Northeast quadrant of HilIsboro Avenue and Medicine Lake Road Adjacent Land Uses: R-4 High Density Residential to the west (Hillsboro Court apartments) and north (Presidential Estates-condos) of the site, R-O Residential-Office (insurance office) to the east, and Golden Valley to the south across Medicine Lake Road Planning Case Report 00-05 Page 1 3/31/00 Site Area: 152 feet x 239 feet = 36,328 square feet (0.83 acres) Building Area: House = 1,600 square feet (to be demolished) - New SuperAmerica = 4,( sq. ft. with a detached canopy over gas pumps of 28' x 116' = 3,248 square feet Lot Area Ratios: Green Area = 25%, SuperAmerica Building = 11%, Paved = 64% Planning District: #16; The Comprehensive Plan states that new commercial land uses are proposed in the southwest corner of District 16 through redevelopment of the Sinclair gas station site and the redevelopment of the single-family home and adjoining office use at the northeast corner of Hillsboro Avenue and Medicine Lake Road. Specific Information: The lot in question had a single family home erected prior to city records (approximately 1940). Bartlett was the original owner of this lot. Kornberg owned the adjacent home and lot, also date unknown. (See attachment "1953 SURVEY") IV. Background This property and the adjacent lot are identified by the 1999 Comprehensive Plan for commercial redevelopment. There have been numerous discussions over the past 25 years with previous and present property owners and developers about a "future commercial development" on both lots. The 1956 and 1960 New Hope Zoning Maps identify both .83 acre lots "industrial". Thereafter, zoning maps label them as residential until 1977, when "LB, Limited Business" is the designation, which was modified to "R-O", Residential-Office in 1979. 1974 Council Minutes include rezoning discussions about both lots. V. Petitioner's Comments The petitioner states in correspondence that Speedway SuperAmerica proposes to demolish the current residence on this 36,388 square foot site and develop a new 3,901 square foot store and gasoline service for 10 vehicles at five pump islands located under a "T" shaped canopy parallel with Medicine Lake Road. The new store is proposed to operate on a 24-hour basis. Vehicles will enter and leave the store via the present, shared driveway in Medicine Lake Road, and by a new driveway to Hillsboro, located 102 feet north of Medicine Lake Road. A sidewalk connecting the entrance of the store with Hillsboro will be provided. Parking will be provided on site for 24 cars. Eleven spaces, including the handicapped space, will be provided along the front of the store, 10 spaces are provided at the pump islands, and three parallel spaces along Medicine Lake Road. The building will be all masonry. A lighter rock faced block base will visually support the tan brick building. A horizontal band of blue ceramic tile provides a horizontal complement to the base, and a non-illuminated fascia provides a transition to the asphalt shingled hip roof. The trash enclosure will be the same masonry as the building. The priority of the landscape plan is provision of a transition and buffer for the residences to our north and to reinforce the buffer provided by Hillsboro on our west. The active area of the site is shifted as far to the south as feasible, creating a more than 35-foot deep planting area on the north edge of the site. The plan provides an over stow tier of seven maples planted at the north edge of the property. These will be the tallest (15-17 feet) available stock and will provide interest and eventually a visual screen from especially the upper level condominiums to our north. This tier will be reinforced by a planting of 6- 8 foot tall Scotch Pines closer to our building. This is a very dense tree and will immediately provide a middle stow buffer and year round color. For variety, planting of Amur Maples is proposed for the buffer on the west side of the building. These are a fast growing, very attractive and colorful bush that grows to 12-18 feet tall if not trimmed. The Amur Maples are carried along Hillsboro into the more formal plantings between the drive area and the sidewalk, with Junipers providing year round color, enhanced Planning Case Report 00-05 Page 2 3/31/00 by the seasonal interest of the day lilies at the base of our freestanding sign. A total of 14,427 square )eet, 40 percent of the site, will be irrigated landscaped area. Rezonin,q of the site from R-O to R-3 - The proposed rezoning will bring this parcel into conformance with its Comprehensive Plan designation of "Community Business," implementing the guidance of the plan for this site. Development of this site by SuperAmerica will strengthen and enhance the service provided by this recognized and encouraged commercial district extending along both sides of Medicine Lake Road east of Highway 169. The proposed B-3 designation is the same as the nearest commercial designation in New Hope, and would be the most conforming New Hope zoning district if applied to the commercial development south of Medicine Lake Road. SuperAmerica was until recently located in this district (albeit across the street in Golden Valley) and the opportunity to construct a larger, state of the art store, and the opportunity to provide gasoline sales, will greatly increase our usefulness and convenience to our neighbors. Conditional Use Permits Convenience Store with Gasoline - The proposed SuperAmerica Convenience Store with Gasoline at this site is consistent with the provisions and direction of the Comprehensive Plan designation of "Community Business" for this parcel and area. The SuperAmerica use will be compatible both with the scale, character, and purpose of the other businesses in the commercial district extending along Medicine Lake Road east of Highway 169, and by the site plan and situation, our residential neighbors. We are separated from our nearest residential neighbors by Hillsboro Avenue. We are buffered from our only adjacent residential neighbor by their location at the north edge of their site, and our flexing our site as far to the south as possible. This has preserved a 35-foot deep onsite landscape buffer wrapping around to Hillsboro. The site will be lowered approximately two feet, and all the loading/trash activity has been located to the east side of the building, as far from our residential neighbors as possible. This SuperAmerica, by its design and operation, will comply with all the City's performance standards. SuperAmerica has a record of operating compatibly with our neighbors throughout the metro area. We have been sensitized to "good neighbor" issues by our operations in similar and even more constricted conditions. The lessons we have learned, and the solutions we have developed will be applied in the design and management of this store. The compatible operation of this store is assured by the City's performance standards, the specific code standards for our use in this district and our own internal practices. These overlapping controls will minimize any potential impact on adjacent properties, and assure quick and efficient remedy if any negative impacts are experienced. Reduction in Size of Loadinq Berth - SuperAmerica has proposed a 24' x 40' loading berth on the east edge of the store. From our experience this will provide a safe and adequate space for almost all of the deliveries made to our store. Most deliveries are made by straight trucks designed for route sales, including our own SuperMom's deliveries. The proposed space will accommodate these vehicles. The sole exception will be a weekly "drop shipment" from our warehouse. This delivery will be scheduled by us for off peak times, and will also compatibly use the designated space, even though the truck may temporarily extend beyond the marked south edge. Extending the loading area north would be counter productive to our strategy of keeping the activity on the south part of the site, and would greatly reduce the effectiveness of our landscape buffer on that edge of our site. Shared Driveway, Driveway Width - We believe shared use of the present driveway at Medicine Lake Road is the safest and most practical access from both a roadway and site plan perspective. We ask your recognition of this condition. We also are requesting approval of wider width drives recognizing the jOint use of the Medicine Lake Road, and to accommodate delivery truck entrance and exit at both drives. Exterior Sales - No permanent outdoor sales of any item is proposed on the Speedway SuperAmerica site. Sale of seasonal items, if located in the 197 square foot area located along the front of the store and identified on sheet 7346-1S is proposed. These seasonal items include, but are not limited to items Planning Case Report 00-05 Page 3 3/31/00 such as windshield washer fluid/pop/beverages, charcoal, bundles of firewood. This same area may also be used for placement of depositories, such as those for AM Express or Fed Ex, and for ? storage of ice in a freezer. Hours of Operation - SuperAmerica has found 24-hour operation to be a service to our customers throughout the metro area, and with the site conditions and the performance and design requirements of the City, we believe will be compatible with our neighbors at this store. Allocation of Earned Siqn Area - The sign signage plan for this site is described on the attached "Sign Plan Worksheet," dated March 24. Our 14' x 81' front face earns a maximum wall sign area of 170 square feet. The proposed total wall and copy sign area is slightly less than earned, but is allocated on this site with two frontages in an alternative, but we believe, overall more compatible manner than is allowed by Code. We propose to allocate the permitted sign area to five smaller signs on our building front and side. Three of these signs, the SA logo above the entrance, the SuperMom's sign, and the reader board, are by their message, size and placement, and the effect of the "T" shaped canopy, directed to the customers already on our site, not to the public on the roadway. The other two signs, on the fascia facing our two street frontages, are not illuminated, greatly reducing their prominence. The sign on the long side of canopy, spelling our name (which requires more than 16 square feet) will be of individual letters against the non-illuminated canopy fascia. We have also proposed the freestanding sign to be 24 feet, not the permitted 30 feet tall. We respectfully request approval of this substitute, and we believe more calm, sign plan for this site. Petitioner comments submitted on March 24 with revised plans include the following: 1. Building Footprint. In the March 24 submission the building footprint has been increased from 76'8" x 45'4" to 82' x 49'4". The east/west dimension was increased by 5'4" and the north/south dimension by 4'. The area of the store increased 539 square feet from 3,362 square feet to 3,901 square feet. This change is reflected in all the plans submitted and in the narrative dated March 24. The three additional parking spaces required by this change are parallel spaces located along the south edge of the site. 2. Ownership of 9398 Medicine Lake Road. Attached is a very poor copy of a fax from our title agent. It provides their assurance the current owners are Joseph and Wendy Linn. We are working with the local affiliate, Guaranty Title, to get a clear statement and proof of ownership. This document will be submitted as soon as it is available. 3. Assurance of Easement for Shared Access. It is our understanding the original of the enclosed letter from James Horgan recognizing our use of the shared drive has been filed and accepted by the City. 4. Tanker Truck Deliveries. A plan sheet titled "Base Plan" has been included to assure the City and neighbors the tanker trucks will enter and leave our site by Medicine Lake Road and will not under any circumstances use Hillsboro. I sometimes find the conventions used to prove the turn radii confusing, so I have attached a sheet showing the steps in the delivery. 5. Landscape Section. A section was prepared on the Grading Plan, sheet 7346-2, but the plantings were not inserted. A section with the proposed plantings will be submitted as soon as it can be created. VI. Notification Property owners within 350 feet of the property were notified, including the City of Golden Valley, and staff has received many letters objecting to the proposed use and one letter from the insurance company showing support for the project. A petition has also been received from the homeowners of the condominium units at Presidential Estates, II, 2800 Hillsboro Avenue North, objecting to the project. Staff did encourage SuperAmerica to conduct a neighborhood meeting with the condo association prior to the Planning Case Report 00-05 Page 4 3/31/00 Planning Commission meeting, which they conducted prior to the Design & Review Committee meeting. :~-' '~opies of all correspondence received is attached to this report; please take the time to review it. VII. Development Analysis A. Zoninq Code Criteria Rezonin.q The applicant is requesting a rezoning from R-O, Residential Office District, to B-3, Auto-Oriented Business District, to allow a convenience store with gasoline as a conditional use within the B-3 District. (It should be noted in the Zoning Code Update that is currently in process, staff is recommending that the B-3 and B-4 Commercial Districts be combined into one commercial district. However, due to the fact that the Zoning Code revisions are not yet completed, staff directed the applicant that the B-3 request was most appropriate at this time.) There are two criteria to weigh when considering a rezoning. · Mistake: The existing single family use is not consistent with the surrounding multifamily and commercial land uses. In addition, the subject property and the property directly to the east are oriented to Medicine Lake Road which is a major arterial street. There are commercial sites on both the southwest and southeast quadrants of this intersection. · Changing Conditions: The property's current zoning already allows some commercial activity. Given the traffic and visibility at this intersection, more intense commercial activities have been proposed by the City's Comprehensive Plan. This is a good example of a mature city developing around a 1.6 acre rural land use. Given the evidence provided by the applicant, staff finds that there is a basis to approve the rezoning. However, the Planning Commission and City Council must determine whether the B-3 District will accomplish the City's goals for this area as established in the Comprehensive Plan. In making this decision, the Planning Commission and City Council may wish to consider the site design and other applications necessary to permit this use. As previously noted, comments objecting to the development of a convenience store with gasoline on this site. The issues cited include: automobile traffic, pedestrian traffic, hours of operation and noise. In 1991, SuperAmerica did develop a similar station at 6144 West Broadway. This application also needed several city approvals and, in retrospect, was a positive redevelopment project which served the needs of the area residents. Therefore, staff sees the rezoning as a policy decision for the Planning Commission and City Council. Conditional Use Permits 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. Planning Case Report 00-05 Page 5 3/31/00 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 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 Residential Districts, R-1,2,3,4,5, R-O: a. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. b. Screeninq. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. c. Compatible Appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. Conditional Use Permit for Convenience Store with Gasoline According to Section 4.124(2), convenience stores with gasoline are only allowed as a conditional use within the B-3 District. Should the City Council choose to rezone the subject property from R-O to B-3, the site would still need approval of the conditional use permit. Below are the applicable CUP standards and staff's findings for each: 1. Permitted Uses - SuperAmerica intends to operate a convenience store in coordination with the sale of gasoline. Convenience stores are a permitted use in the B-3 District. Therefore, the subject property meets this standard. 2. Area - The applicant must designate the approximate area and location devoted to non-automobile merchandise sales. This information is shown on the attached site plan. Exterior sales are subject to a separate conditional use permit. 3. Hours of Operation - The applicant intends to operate the store 24 hours a day. However, this section of the code limits the hours of operation to 6 a.m. to 12 p.m. unless these hours are extended by the City Council The Planning Commission and City Council should determine the appropriateness of this request. 4. Motor Fuel Facilities - Staff recommends that a condition of approval require that all motor fuel facilities are installed in accordance with state and city standards. In addition, the applicant must demonstrate that there is adequate space to maneuver large trucks. 5. Canopy - Canopies located over pump islands are allowed as accessory structures in the B-3 District, subject to the specifications set out in Section 4.032(3)(k). These standards were reviewed as part of the site plan review and staff found that the proposed canopy met all of the required specifications with the exception of the canopy's minimum clearance and facade height. Staff recommends that a condition of approval require the applicant to demonstrate compliance with both the canopy's minimum clearance and facade height prior to final action by the City Council. 6. Compatibility - The architectural appearance and functional plan of the building and site are similar to existing building and will not cause an impairment in the property values or constitute a blighting influence within the surrounding area. All sides of both the principal building and the trash enclosure will be constructed of the same materials. 7. Pedestrian Traffic - The applicant has complied with staff's requirement to indicate on the site plan a concrete sidewalk from the proposed building to the existing sidewalk along Hillsboro Avenue. Planning Case Report 00-05 Page 6 3/31/00 8. Outside Storage - No outside storage will be allowed on site. Outdoor display of products for sale will be permitted with city approval of the CUP. Conditional Use Permit for Outside Sales and Service Areas Section 4.124(2)(e) requires a conditional use permit for outdoor sales and service activities. The applicant states that they intend to offer sales of seasonal items such as windshield fluid, pop/beverages, charcoal, bundles of firewood, and ice in a freezer. Staff believes that sale of these items would encompass the entire year and therefore be permanent rather than seasonal. Section 4.125(4) details the standards to weigh when considering a CUP for outdoor sales and service areas. These standards and staff's finding for each are outlined below: 1. Area Limit - The applicant has designated a 197 square foot area for outdoor display. This area is stretched out along 2.5 feet of the sidewalk in front of the store. This amount of area is in conformance with the ordinance. However, the total width of the sidewalk is only five feet. Should there be any vehicle overhang, pedestrians will not be able to access the building. Therefore, staff recommends that a condition of approval limit the display area for outdoor sales to the recessed triangular areas located at the southwest and southeast corners of the building. 2. Screened from Residential - Outdoor sales area must be fenced or screened from view of neighboring residential uses. Should the display area be limited to staff's recommendation above, the site's landscaping and the building itself will screen the display areas from the adjacent residential uses. 3~ Lighting Shielded - The applicant's lighting plan indicates that all exterior lighting will be hooded and directed down so light will not be visible from either the public right-of-way or the adjacent residential uses. 4. Surfacing - The applicant's plan shows that the display areas will be surfaced and present a clean, attractive, and usable surface. 5. Parking - Currently, the site does not meet the requirements for off-street parking. However, the designated display area should not affect the area available for providing additional parking. B. Development Review Team The Development Review Team was supportive of the project if the developer could revise and clearly illustrate adequate gas tanker access and exit space, clearly define a reasonable extent of outdoor sales/display, improve landscaping at the north and eliminate signs to comply with the sign code. C. Desi.qn & Review Committee Design Review Committee underscored the Development Review Team comments, above, and suggested landscape variety changes. Revised plans were submitted as a result of the meeting. D. Plan Description 1. Lot and Buildinq Performance Standards Section 4.035 defines the area and building size regulations for properties within the B-3 District. These requirements are presented in the chart below. These figures indicate that the subject property is in compliance with the lot and building area standards for properties within the B-3 District. Planning Case Report 00-05 Page 7 3/31/00 Lot Area Standards for the B-3, Auto-Oriented District Standard Required Proposed Status ~'"_ Lot Area 10,000 square feet 36,388 square feet Compliant 22,500 square feet * Lot Width 80 feet 152 feet Compliant 130 feet* Lot Depth 150 feet* 238 feet* Compliant Building Height 3 stories 1 stoW (23 feet) Compliant · Conditional Use Permit Standards 2. Setbacks The setback requirements for principal structures within the B-3 District are outlined in Section 4.034(3) of the Zoning Ordinance. The chart below illustrates both the ordinance requirements and the proposed setbacks. Given this information, staff finds that this site is in compliance with the setback requirements for properties in the B-3 Auto-Oriented Business District. Setback Requirements for the B-3 Auto-Oriented District Yard Required Proposed Status Front 30 152 Compliant Side (East) 20 39 Compliant Side (West) 20 30 Compliant Rear 35 37'10" Compliant 3. Pump Island Canopy Section 4.032(3)(i) outlines the performance standards for pump island canopies. The chart below illustrates both the ordinance requirements and the proposed standards. As shown, the canopy's height and most of the setbacks are in compliance with the performance standards for properties in the B-3, Auto-Oriented Business District. However, the canopy fails to meet the required 15-foot setback on the east and the plans do not indicate the standards for the canopy's minimum clearance and facade height. Staff recommends that a condition of approval require the applicant to shift the pump island area five (5) feet to the west to meet the required setback and to demonstrate compliance with both the canopy's minimum clearance and facade height prior to the final action on this application by the City Council. Performance Standards for Pump Island Canopies Standard Required Proposed Status Setback From Property Line (south) 15 feet 71 feet Compliant Setback From Property Line (east) 15 feet 10 feet Deficient Setback From Property Line (west) 15 feet 26.5 feet Compliant Height 20 feet 20 feet Compliant Minimum Clearance 14 feet N/A N/A Canopy Facade 3 feet N/A N/A 4. Parkinq The off-street parking requirements for convenience stores with gasoline service are set forth in Section 4.036(10)(o). The site plan denotes 24 parking spaces, including one handicap and 10 pump island spaces, and complies with the code requirements. The applicant's site plan indicates that the dimensions of all off-street parking stalls are 9' x 18'. According to Section 4.036(4)(h((v), stalls of this length are only allowed if the applicant receives approval of a comprehensive snow removal plan. To date, the applicant has indicated that all Planning Case Report 00-05 Page 8 3/31/00 excess snow will be removed from the site. Staff recommends that a condition of approval ~ ' require the applicant to file a snow removal plan with the City. The applicant's site plan meets the requirements for drive aisles outlined in Section 4.036(4)(h)(v). However, the City Engineer and Building Official are not satisfied that the site meets the standards for the turning radiuses for large trucks. The submitted tanker maneuvering plan is confusing and shows unintended truck movements. Staff recommends that a condition of approval require the applicant to demonstrate that the site can accommodate large truck traffic and that no large trucks will egress the site going northbound Hillsboro Avenue. 5. Loadinq Area According to Section 4.037(6), all commercial or industrial structures are required to provide one (1) loading berth not less than seventy feet in length. However, buildings less than 5,000 square feet may be allowed a smaller loading area through a conditional use permit, provided they meet the following standards: a. It must be demonstrated that the site cannot physically accommodate a loading berth to the size required. Finding: Staff finds that given the site's design and size, it cannot physically accommodate a loading berth of the size required by the ordinance. b. It must be demonstrated that semi-trailer truck deliveries will not occur at the site or all deliveries will occur at such times as to not conflict with customer or employee access to the building and parking demand. Finding: The site plan shows a loading area that is 24' x 40'. According to the applicant, this area will provide adequate space for almost all deliveries. All other deliveries will be scheduled for off peak hours. Given this information, staff finds that the loading berth shown on the proposed site plan is adequate to meet the site's delivery needs. 6. Access The applicant's site plan shows a shared access to the subject property and the parcel directly to the east off Medicine Lake Road. According to Section 4.036(11)(b)(iii), the applicant will need a conditional use permit to allow a shared access along Medicine Lake Road. The applicant is also required to submit a shared access easement to the City prior to final action. The applicant has submitted this agreement. Staff finds that this shared access will reduce the number of curb cuts along Medicine Lake Road and predetermine the access to the redevelopment site to the east. In addition, the applicant will need an access permit from Hennepin County to allow access from the County road (Medicine Lake Road). Staff recommends that no large trucks may enter the site from northbound Hillsboro Avenue. A sidewalk along Hillsboro Avenue has been added, along with a sidewalk from Hillsboro to the store. 7. Architecture According to the applicant, the materials used in construction will include face brick, colored rock face concrete, and ceramic tile. The building will have a pitched asphalt shingled roof on three sides. The roof on the back (north) side will be open to show the rooftop equipment. All rooftop equipment must be painted to blend in with the building. The trash enclosure will be made of the same materials used in the principal building. It should be noted that the building elevations do not match the building outlines on the site plan. Staff recommends that a condition of approval require the applicant to submit revised plans with consistent information regarding the size and dimension of the proposed building. Planning Case Report 00-05 Page 9 3/31/00 8. Li,qhtin,q The plans show that all building lighting will be canister style and focused down to prev~ dispersion of light onto adjacent properties. In addition, all canopy lighting will be recessed in the canopy with only the light's lens extending out beyond the fascia. The lens must focus light toward the ground. The applicant's lighting plan is in conformance with the standard set forth in Section 4.033(5). The illumination requirements and the proposed standards are shown in the chart below. Illumination Standards Side I Required J Proposed North .4 Foot Candle 0 Foot Candle South 1 Foot Candle .1 Foot Candle East 1 Foot Candle .7 Foot Candle West .4 Foot Candle .2 Foot Candle The plan shows no lights on the north or east sides of the building. Under Police Department comments, security lighting is being requested on the north side of the building. Should the applicant choose to place exterior lights on either the north or the east sides of the building, they must submit a revised lighting plan indicating the photometric patterns for these lights. 9. Gradin.q Plan The grading plan appears adequate. However, staff recommends that a condition of approval require the grading and drainage plans to be reviewed and approved by the City Engineer. It should be noted that the applicant will need a storm sewer permit from Hennepin County. 10. Landscaping The applicant's landscape plan meets the standards for landscaping and screening outlined in the Zoning Ordinance. The applicant has complied with the recommendation of the Design & Review Committee by adding both conifers and overstory deciduous trees along the north side of the site. The plan uses a variety of plants and trees to screen both the building and the parking area from the surrounding uses. The plant schedule and location of trees is outlined below: Qty Common Name Scientific Name Size Root 7 Tall Maple 2 ½-3" dia. 15-17' hr. 14 Amur Maple Acer Ginnala 2 ½" dia. B&B 11 Scotch Pine Pinus Sylvesterus 6-8' hr. B&B 41 Mint Julep Juniper Juniperus Chinensis 'Mint 5 gal. root type-pot Julep' 19 Anzac Daylily Hemerocallis X 'Anzac' root type The seven tall maples are located along the north side of the building near the property line. Fourteen Amur maples are located on the west side of the building north of the driveway, three on the west side of the property south of the driveway, and two on the south side of the building adjacent to Medicine Lake Road. There are only nine Amur maples listed on the planting schedule. The 11 ScotCh pines are all located on the north side of the property close to the building. There are 41 Mint Julep junipers located in several groupings along the west, south, and east sides of the property. The planting schedule indicates 55 junipers required. The 19 Anzac daylilies are shown located around the sign at the intersection of Medicine Lake Road and Hillsboro Avenue. The landscape plan indicates 71 daylilies required. Planning Case Report 00-05 Page 10 3/31/00 11. S .qnage .~ ~ SuperAmerica's plan proposes the following site signage: Site (1) goalpost type sign - 15' from front property line as required - 100 square feet per face proposed (100 square feet per face allowed) Building (3) "SuperAmerica" signs - non-illuminated vinyl application area - 30 square feet each (letters only = 12.2 square feet per sign) (1) "SA" Iogos - illuminated sign - area = 40 square feet (1) readerboard sign -illuminated sign - area - 24 square feet (1) "Super Mom's" sign - illuminated sign - area - 24 square feet Canopy (1)"SuperAmerica" sign - illuminated sign - area - 46 square feet each (letters only = 21.13 square feet per sign) (1) "SA" Logo - illuminated sign - area = 10.40 square feet SuperAmerica's sign plan does not present consistent information regarding the site's proposed signage. The site plan, building elevations, and the written narrative all present different sign information. This makes a detailed review of the site's sign plan difficult. Therefore, staff will provide the sign standards for convenience stores with gasoline services in the B-3 District and recommend that a condition of approval require the applicant to submit and receive approval of a comprehensive sign plan that meets these standards. According to Section 3.49, properties in the B-3 District are allowed the following signage: · One free-standing sign which may not exceed 100 square feet in size or 30 feet in height. In addition, the applicant may attach to this pylon sign one 16 square foot sign for the purpose of informing persons of the sale price of gasoline. · No more than two wall signs totaling 15 percent of the front face of the principal building or 250 square feet, whichever is less. · One canopy sign per canopy fascia fronting onto a street. Canopy signs shall be limited to 16 square feet per sign. Staff finds no justification for any sign variances. F. Buildinq Considerations Building plans to provide an interior "ships ladder" to the roof and comply with all minimum state building code standards. G. En.qineering Considerations The City Engineer has reviewed the plans and provided the following comments: Land Desiqnation · The property is presently platted into two lots. Due to the age of the plat, easements have been recorded against the property due to improvements in Medicine Lake Road. A five-foot wide drainage/utility easement is shown along the east line and a 10-foot wide drainage/utility easement is shown along the north line on the lot proposed to be developed by SuperAmerica. An access easement is shown over the easterly lot to gain access to SuperAmerica from Medicine Lake Road. This is consistent with discussion between staff and the applicant; however, it would be more desirable if the property were re-platted and the required easements (including past easements) were shown on the plat. Site Plan Planning Case Report 00-05 Page 11 3/31/00 · Driveway access to Medicine Lake Road shall be reviewed and approved by Hennepin County. · Driveway access to Hillsboro Avenue is located approximately 100 feet north of Medicine L~ Road, which is acceptable. It is likely the Hillsboro Avenue access will be more heavily used than the Medicine Lake Road access. Therefore, the impact to the adjacent apartments west of Hillsboro Avenue should be considered to determine the affect of headlights, etc. Depending on the impact, it may be more desirable to move the building and access to Hillsboro Avenue further north. · It would be more desirable if the sidewalk boulevard was maintained along Hillsboro Avenue similar to the boulevard north of SuperAmerica. Sidewalk reconstruction would be required along Hillsboro Avenue to maintain the same boulevard. Draina,qe/Grading · The increase storm water runoff from both lots should be considered. Storm water improvements for retention and water quality due to increased runoff should be considered along or near the easterly lot line of the east lot. The storm water discharge could occur into the existing storm sewer located in the southeasterly corner of the eastern lot. The proposed storm sewer serving SuperAmerica would be redirected and discharged to the new ponding area (a maintenance easement is required over the ponding area). Bassett Creek Watershed must be contacted to determine if their review is required. · Acceptable grades and slopes are provided. No grading impacts are shown in the adjacent property to the east and north (assuming both lots are considered one). Utility · Utilities (sanitary sewer/water) serving the existing building shall be abandoned in accordance with Public Works. · New sanitary sewer/water service to SuperAmerica is shown from Hillsboro Avenue. Utility extensions shall be constructed in accordance with Public Works. · The existing sewer/water service to the existing building east of SuperAmerica shall be reviewed to determine if any updates are required. G. Police Considerations The Police Department has reviewed the plans and made the following recommendations: · Two staff on night shift for a 24-hour operation · A quality security system with good cameras (and a tape replacement schedule with restricted access) is necessary. · Lighting at north exit door is recommended. · Shift trees to maintain a four-foot clear area for security view along back wall. VIII. Summary One of the major considerations of this request is the rezoning issue. While staff realizes that there is significant opposition to this proposal from adjacent property owners, the Comprehensive Plan does guide this site for commercial redevelopment due to its location on a four-lane County road at a signalized intersection in a high-density residential and commercial area. A commercial use at this site has been discussed in the past. Similar opposition was heard when the new SuperAmerica was proposed at 62nd and West Broadway and that development has contributed to the improvement of the neighborhoods. Staff finds that there is evidence to approve the rezoning of this site from R-O, Residential-Office, to B-3, Auto-Oriented Business District, but the preference would be to rezone both Planning Case Report 00-05 Page 12 3/31/00 lots at one time with a development for both properties. The adjacent land owner to the east has met ~ith staff and stated an intent to request a commercial rezoning in the future, on his schedule. The ~-Planning Commission and City Council must determine whether the B-3 District will accomplish the City's goals for this area as established in the Comprehensive Plan. If the Council does not support a commercial use at this site, the Comprehensive Plan should be revised. If the rezoning is supported, the question then is what are the types of appropriate land uses. Gas/convenience sales have been discussed at this location in the past. Most interest in the property has been for traditional B-3 or B-4 uses, such as this. Most restaurants need more property, for example. What the market wants to build is frequently, but not always, an indicator of which project can be viable. Traffic volumes on Medicine Lake Road and proximity to the freeway are balanced with lot size and available parking spaces at this site. Staff also feels that the applicant has tried to respond to concerns raised with improved landscaping, lighting plans, and building location. Staff finds that the plans are in need of some revisions, including a tanker truck access layout, sign plan, outdoor sales area, etc. Nevertheless, staff is prepared to recommend approval of the site plan and conditional use permits should the applicant meet the conditions of approval and the City approve the rezoning. One option would be to table the request until revisions are completed, however, staff questions if it is reasonable to table and request revised plans if the rezoning is not supported at the Council level. IX. Recommendation The Comprehensive Plan guides the subject property for commercial use. The Planning Commission and City Council must determine whether the B-3 District is appropriate to accomplish the City's goals for this area as outlined in the Comprehensive Plan. Pending public comment and after considering correspondence received and the information presented in this report, should the City approve the rezoning, staff recommends approval of the site plan and related conditional use permits to allow the construction of a convenience store with gasoline in the B-3 District, subject to the following conditions (plan revisions to be made prior to Council meeting): 1. Submit revised gas tanker access/service plan to demonstrate that the site can accommodate large truck traffic. No large trucks may egress the site going northbound Hillsboro Avenue. 2. Submit detailed plan illustrating outdoor sale/display areas and either limit to recessed triangular areas on southeast/southwest corners of building with no products on sidewalk or increase sidewalk width to eight feet and limit display areas to four-foot depth. Include statement that gas pump island area under canopies will not be used for retail sales, storage or display of any type. 3. Submit written statement that music will not be played over the exterior speakers at the gas pump islands and agree to speaker volume limits during the nighttime hours of 10 p.m. to 7 a.m. Include language that limits measured speaker sound to maximum 50 decibels at the property lines. 4. Submit and receive approval of a comprehensive sign plan that meets the standards of the Sign Code and requires no variances. 5. Shift the pump island canopy five (5) feet to the west to meet the required 15-foot setback and demonstrate compliance with both the canopy's minimum clearance and facade height. 6. The applicant must submit revised plans with consistent information regarding the size and dimension of the proposed building and to verify all conditions and compliance with State Building Code, including interior ships ladder, etc. All motor fuel facilities shall be installed in accordance with state and city standards. 7. By ordinance, the operation of this site is limited to the hours between 6 a.m. and 12 p.m. unless these hours are extended by the City Council. The applicant has requested 24-hour operation. The Planning Commission and City Council should determine the appropriateness of this request. Planning Case Report 00-05 Page 13 3/31/00 8. Compliance with all City Engineer recommendations including: · Access permit from Hennepin County to allow access form Medicine Lake Road. ,. · Plan to be submitted to Bassett Creek Watershed for grading/drainage approval. · Easement for shared access to be approved by City Attorney. · Coordination with New Hope Public Works on abandoning and new utilities. · Hillsboro sidewalk recommendation re: boulevard. · Consider property re-plat. · All final plans to be approved by City Engineer. 9. Compliance with Police Department recommendations, including security system, lighting on north side of building, shift trees north for security view, consider two-person shift if 24-hour operation approved. 10. Petitioner to execute Development Agreement with City and provide financial security (amount to be determined by City Engineer and Building Official). If the Commission supports the proposal but wants revisions to be made and reviewed by the Commission prior to forwarding to the Council, staff recommends tabling the request for one month. If the request is denied, staff recommends that the Comprehensive Plan be revised or that specific land use options be identified for this site that will be supported by the City. Attachments: Address/Zoning/Topo Maps Petitioner Narrative Adjacent Property Owner Correspondence/Easement Agreement Site Plan Site Calculations/Sign Requirements/Sign Plan Worksheet Ground Sign Area/Canopy Light Sections Curb, Gutter and Berm Details Plat Plan Equipment Plan Grading Plan Piping/Utilities Plan Landscape Plan/Schedule Photometric Plan/Details Transport Truck Plan Building Elevations Planner's Report City Engineer Memo Building Official Attachments Correspondence from Nearby Property Owners Comprehensive Plan Excerpts Application Log Planning Case Report 00-05 Page 14 3/31/00 ~ AVE N ~1 i ~ ~____: ..... ~ ~ ST. ~SEPH'S ~ ' . ' ' ' ' ~i t ~ ~ _~ L.._~ CATHOLIC~CHURCH ~. i ~ .... ~ ~ ~.~'~'N '~ '~; t ......./~, , ' ~ ' ~ , ,, ~.~***VEN ....... ~ ........ ;,,~ '~.~'.. ~e*. ~_ ~7 ~t..z.. ~ ~-'"-'~ ~T ................. ~! i ', ~ .~-,;" ~ I : ~ ~ " , r :: ....... ~---* ....... ,z~ I ~ .~ .... SONNESYN , ~ ~ :~-'-; ',.-~-~<~-~ .... r'"'"'7 ....... 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AT 9398 MEDICINE LAKE ROAD Speedway SuperAmerica proposes to demolish the current residence on this 36,388 sf site and develop a new 3901 sf store and gasoline service for 10 vehicles at five pump islands located under a "T" shaped canopy parallel with Medicine Lake Road. The new store is proposed to operate on a 24 hour basis. Vehicles will enter and leave the store via the present, shared, driveway in Medicine Lake Road, and by a new driveway to Hillsboro, located 102 ft north of Medicine Lake Road. A sidewalk connecting the entrance of the store with Hillsbom will be provided. Parking will be provided on site for 24 cars. Eleven spaces, including the handicapped space, will be provided along the front of the store, ten spaces are provided at the pump islands, and three parallel spaces along Medicine Lake Road. The building will be all masonry. A lighter rock faced block 'bas- 'e will visually support the tan brick building. A horizontal band of blue ceramic tile provides a horizonlal complement to the base, and a non illuminated f~cia provides a transition to the asphalt shingled hip roof. The trash enclosure will be the same masonD' as the building. The priority of the landscape plan is provision of a transition and buffer lbr the residences to our north and to reinforce the buffer provided by Hillsboro on our west. The active m'ea of the site is shifted as far to the south as fea.,4ble, creating a more than 35 ft deep planting area on the north edge of the site. The plan provides an over story tier of seven maples planted at the north edge of the property. These will be the tallest (15 to 17 fi) available stock and will provide interest and eventually a visual screen ~¥om especially the upper level condominiums to our north. This tier will be reinforced by a planting of 6 to 8 ft tall Scotch Pines ck)ser to our building. This is a very dense tree and will immediately provide a middle stow buffer and year round color. For variety, planting of Amur Maples is proposed lk)r the buffer on the il'est side of the building. These m'e a fast growing, very attractive and colorful bush that grows to 12 to 18 ft tall if not trimmed. The Amur Maples are carried along Hillsl:x)ro into thc more lk)rmal plantings between the drive area and the sidewalk, with Junipers providing .,,'mr round color, enhanced by the seasonal interest of the day lilies at the base of our freestanding sign. A total of 14,427 sf, 40% of the site, will be irrigated landscaped area. B. REQUIRED CITY APPROVALS 1. Rezoning of the site from R-O to B-3 The proposed rezoning will bring this parcel into conformance with its Comprehensive Plan designation of "Community Business". implementing the guidance of the Plan for this site. Development of this site by SuperAmenca will strengthen and enhance the service provided by this recognized and encouraged commercial district extending along both sides of Medicine Lake Road Application of Speedway SuperAmefica LLC 9398 Medicine Lake Road Page Two east of Hwy 169. A new SuperAmerica at this site will support the intense and intensifying residential development in the area. The proposed B-3 designation is the same as the nearest commercial designation in New Hope, and would be the most conforming New Hope zoning district if applied to the commercial development south of Medicine Lake Road. SuperAmerica was until recently located in this district (albeit across the street in Golden Valley) and the opportunity to construct a larger, state of the mx store, and the opportunity to provide gasoline sales, will greatly increase our usefulness and convenience to our neighbors. The opportunity of constructing a new development on this site will assure the development and its operation will comply with all the standards of section 4.124 (12) a-r. 2. Conditional Use Permit a. 4.124(2) Convenience Store with Gasoline The proposed SuperAmerica Convenience Store with Gasoline at this site is consistent with the provisions and direction of the Comprehensive Plan designation of "Community Business" for this parcel and area. The SuperAmefica usc will be compatible both with the scale, character and purpose of the other businesses in the commercial district extending along Medicine Lake Road east of Hwy 169, and by the site plan and situation, our residential neighbors. We are separated from our nearest residential neighbors by Hillsboro Ave. We are buffered from our only adjacent residential neighbor by their location at the north edge of their site, and our flexing our site as far to the south as possible. This has preserved a 35 ft deep on site landscape buffer wrapping around to Hillsboro. The site will be lowered approximately 2 feet, and all the loading / trash activity has been located to the east side of the building, as far f,'om our residential neighbors as possible. This SuperAmerica, by its design and operation, will comply with all the City's performance standards. SuperAmerica has a record of t~pcmting compatibly with our neighbors throughout the metro area. We have been sensitized to "g~x~d ncighl:x~r" issues by our operations in similar and even more constricted conditions. Thc lessons xvt have learned, and the solutions we have developed will be applied in the design and management of this store. The compatible operation of this store is assured by the City's performance standards, the specific Code standards for our use in this district and our own internal practices. These overlapping controls will minimize any potential impact on adjacent properties, and assure quick and efficient remedy if any negative impacts are experienced.. b. 4.037(6)(a)(ii) Reduction in size o1' h~ading berth SuperAmerica has proposed a 24 ftx 40 ft loading berth on the east edge of the store. From our experience this will provide a safe and adequate space almost all of the deliveries made to our store. Most deliveries are made by su'aight trucks designed for route sales, including our own SuperMom's deliveries. The proposed space xvill accommodate these vehicles. The sole exception Application of Speedway SuperAmefica LLC 9398 Medicine Lake Road Page Three will be a weekly "drop shipment" t¥om our warehouse. This deliver3, will be scheduled by us off peak times, and will also compatibly use the designated space, even though the truck may temporarily extend beyond the marked south edge. Extending the loading area north would be counter productive to our strategy of keeping the activity on the south part of the site, and would greatly reduce the effectiveness of our landscape buffer on that edge of our site. c. 4.036(11) Shared Driveway, 4.036 (4)(h)(vi), Driveway Width We believe shared use of the present driveway at Medicine Lake Road is the safest and most practical access from both a roadway and site plan perspective. We ask )'our recognition of this condition. We also are requesting approval of wider' width drives recognizing the joint use of the Medicine Lake Road, and to accommodate deliver3, truck entrance and exit at both drives. d. 4.124 (2) (e) Exterior Sales No permanent outdoor sales of any item is proposed on the Speedway SuperAmerica site. Sale of seasonal items, il' located in the 197 sf area located along the front of the store and identified on sheet 7346-1S is proposed. These seasonal items include, but are not limited to items such as windshield washer fluid, pop / beverages, charcoal, bundles of firewood. This same area may also be used for placement of depositories, such as those for AM Express or Fed Ex, and for' the storage of ice in a freezer. 3. 4.124(2)(f) Hours of Operation SuperAmerica has found 24 hour operation to be a service to our customer's throughout the metro area, and with the site conditions and thc performance and design requirements of the City, we believe will be compatible with our neighbors at this store. 4. 3.492 (1) (a) Allocation of earned sign area The si~n signage plan for this site is described on the attached "Sign Plan Worksheet", dated March 24. Our 14 ftx 81 ft front face cams a maximum wall sign area of 170 sf. The proposed total wall and copy sign area is slightly less than earned, but is allocated on this site with two frontages in an alternative, but we believe overall more compatible, manner than is allowed by Code. We propose to allocate the permitted sign ama to five. smaller, signs on our building front and side. Three of these signs, the SA logo atx~vc thc entrance, thc SuperMom's sign, and the reader board, arc by their message, size and placement, and thc effect of the "T" shaped canopy, directed to thc customers already on our site, not to thc public on thc roadway. The other two signs, on the fascia facing our two street fi'ontages, are not illuminated, greatly reducing their prominence. The sign on the long side of canopy, spelling our name (which requires more than 16 sf) will be of individual letters against the non illuminated canopy fascia. We have also proposed the freestanding sign to be 24 ft, not the pe~Tnitted 30 ft., tall. We respectfully request approval of this substitute, and we believe more calm, sign plan for this site. March 24, 2000 MICHAEL CRONIN & ASSOCIATES 8809 WEST BUSH LAKE ROAD MINNEAPOLIS, MN SS438 PHONE 952 941-7487 email mcronin@rnm.com FAX 952 941-2645 March 24, 2000 Notes on Application of Speedway SuperAmerica, LLC at 9398 Medicine 'lake Road 1. Building Footprint. In the Mm'ch 24 submission the building footprint has been increased from 76 ft 8 in x 45 ft 4 in, to 82 ftx 49 ft 4 in. The E/W dimension was increased by 5 ft 4 in and the N/S dimension by 4 ft. The area of the store increased 539 sf from 3362 sf to 3901 sr. This change is reflected in all the plans submitted and in the nan'ative dated Mm'ch 24. The three additional parking spaces required by this change are parallel spaces located along the south edge of the site. 2. Ownership of 9398 Medicine Lake Road. Attached is a very poor cop3; of a fax from our title agent. It provides their assurance the current owners are Joseph and Wendy Linn. We are working with the local affiliate, Guaranty Title, to get a clear statement and proof of ownership. This document will be submitted as soon as it is available. 3. Assurance of Easement for Shared Access. It is our understanding the original of the enclosed letter from James Hogan recognizing our use of the shared drive has been filed and and accepted by the City. 4. Tanker Truck Deliveries. A plan sheet titled "Base Plan" has been included to assure the City and neighbors the tanker trucks will enter and leave our site b? Medicine Lake Road and will not under any circumstances use Hillsboro. I sometimes find the conventions used to prove the turn radii confusing, so I have attached a sheet shoxving thc steps in the deliver5'. 5. Landscape Section. A section was prepared on the Grading Plan, sheet 7346-2, but the plantings were not inserted. A section with the proposed plantings will be submitted as soon as it can be created. i'1~R-24-00 FRI 10:51 t~bl WELSH OOS, BROKERt~GE F~i× NO, 8t2 897 7774 P, 02 H~'l~ t~ '~0 1~.1~2 FR ~ NORTN P.E~ION 6J:! 88~ 6172 TO ~6~L>~?~TT~ Mr. Kirk ~r.I)on',dd N:w Hope, MN D:~ Mit I t,m the ~'ner ~ th~ adj~t ~' l~amd at ~M~dne ~ Ro~. 1 ~t ~ sm~ my ~plcte sung [~ t~ ~velopment p~$~ ~ $, ~'Ameri~ ~ confi~ ~at I have m~d ageemcnt w~ S~way Su~rAm~ ~C to rovi~ ~ ~cment to ~low ~c s~ of ~e driveway m M~ici~ ~e R~d ~ ~ewn on t' e pl~.~ su~J~ ~y S~was' Su~rAme~ ~, Th~ a~'~m~ will ~ ex~u~ ~d the ~xy ~m: ~t ~vid~ ~d meowed u~n by the City of S~mdway ~%mefi~'a development. I~ you have ~y qu~,tt~ a~ut thi,5 ,qincc~y, ,,4' TOTAL PAGE, PROPOSED SITE CALCULATIONS: TOTAL SITE AREA : 36,388 SO. FT.(WITHIN PROPERTY LINES PROPOSED BUILDING = 3,90! SO. FT. PROPOSED PAVED AREA = !8,060 SQ. FT. PROPOSED GREEN AREA : 14,427 SQ. FT. (40~ GREEN) 24 PROPOSED PARKING SPACES(INCLUDING1HANDICAP & lO PUMP ISLAND SPACES) SNOW TO BE REMOVED FROM SITE S I GN RE OUI REMENTS: SITE ~ (1) GOALPOST TYPE SIGN - 15' FROM FRONT PROPERTY LINE AS REQUIRED lO0 SQ. FT. PER FACE PROPOSED (lO0 SQ.FT. PER FACE ALLOWED) BUILDING ~ (3) "SUPERAMERICA" SIGNS NON-ILLUMINATED VINYL APPLICATION AREA = 30 SO.FT. EACH (LETTERS ONLY = 12.2 SO.FT. PER SIGN) (1) "SA" LOGOS - ILLUMINATED SIGN AREA = 9 SO.FT. (1) READERBOARD SIGN - ILLUMINATED SIGN AREA = 40 SO.FT. (1) "SUPER MOM'S" SIGN ILLUMINATED SIGN AREA = 24 SD.FT. CANOPY ~ (1) "SUPERAMERICA" SIGNS - ILLUMINATED SIGNS AREA = 46 SO.FT. EACH (LETTERS ONLY = 21.13 SO. FT. PER SIGN) J'-FJ (l) "SA" LOGO - [LLUMINATED SIGNS AREA : 10.40 SO.FT. SIGN PLAN WORKSHEET SPEEDWAY SUPERAMERICA 9398 MEDICINE LAKE ROAD A. BUILDING LOCATION ~ MESSAGE ILLUMINATION DIMENSION ~ AREA South Sid, Above Entrance S~.A....L...o...g_o___ interior 2.5 x 3.5 i9 sf Left Chamfer ...s....~.l~_.e_?_:¥~?.?~s___ ............ interior 4 x 6 24 sf Wall !Reader Board interior 5 x 8 40 sf Fascia S~A,S_._~p_,__e.[_:~.~gric~a None 1.5 x 1 5 22.5 sf .... Total 95 sf West Side ?'._a.__s._.c.!a.. ..................... .S...A...S..u.p_e_r..America !!None .5 x 15 22.5 sf North Side ...._N_o s~~ East Side _ No Signag_ TOTAL BUILDING 11 8 sf B. CANOPY ..L..o..~n..g....S..!.d..e~(~ ....... S__u___p_..e..r_~.._m....eri~c.__a_ ....... individual letters ..2____.x...._2___0__ ............................. 40 sf ~Sb,.0__,_r..~..~_!.,:. ~ ........... individual letters 2 x 3 6 sf ~ CANOPY TOTAL WALL 164 sf C. FREESTANDING 24 ft Talli SW Corner Tmark/Price/Ser~ interior ..6..x 16.5 99 sf March 24 OF SIGN CABINET Ii Iii IJIIi II III IllII IIIiII IfilJl ~" ,,~ ,,,~, ORADE IIIIII IlllII IIIlll IlllII //?--BULB AREA LIGHT SECTION L BULB E£'=T:u ]; iNTIRE PERIMETER~ CANOPY LIGHT SECTION PAVEMENT BOUNDARIES ---' IF DRIVE IS CONCRETE (FULL DEPTH OF CONG. SLAB) NOTE: CONTRACTOR UAY SUBSTITUTE CURB & GUTTER (DETAIL "N#) UNLESS SPECIFIED OTHERNISE ON PLOT PLAN. CAST-IN-PLACE CONCRETE CURB DETAIL "J" F -] I-ALTERNATE SLOPE I ~S~I I I ~SS~.'t~:-."..'-;.~ s...~.[/I TO CONCRETE PAVEMENT ONLY. MAY BE LOCATED ABOVE OR BELOW RE-BAR. NOTE: GUTTER MAY SLOPE EITHER UP OR DOWN FROM CURB SEE GRADING PLAN FOR DIRECTION OF SLOPE. AUTO CONCRETE CURB & GUTTER DETAIL "N" ~ LEVEL T EDGE OF PAVENIENT ~SHOULDERI ~x "PAVED AREA t..~.W~F. · ~.3~.- ~ ,, ,, ~XX~ FOR PLANTING REQUIREMENT PAVEMENT BERU DETAIL "K" HILLSBORO AVENUE I HILLSBORO AVENUE .......... ~ / - PRUNE BRANCHES BY 1/3 DO NOT CUT MAIN LEADER, REMOVE DEAD AND BROKEN BRANCHES, · MAINTAIN NATURAL TREE FORM.- DO NOT CUT MAIN LEADER ~"~REMOVE DEAD AND BROKEN BRANCHES . ' , STAKING & GUYING OPTIONAL TREE WRAP - FALL PLANTING ONLY SET CROWN OF ROOT BALL 1' ABOVE EXISTING GRADE 4' DEPTH SHREDDED BARK MULCH FINISH GRAD I~ROLL BACK BURLAP. ~~~ I CUT wIRE BASKET '" AFTER TREE PLACEMENT ~~~ COMPACT SOIL UNDER ROOT BALL COMPACTE0 SUBORAOE EVERGREEN AND DECIDUOUS TREE PLANTING DETAIL NOT TO SCALE PLANTING SCHEDULE LANDSCAPE NOTES 1. THE CONTRACTOR SHALL LOCATE AND VERIFY PLANT I.D. NU~ER (SEE BELOW) THE EXISTENCE OF ALL UTIL[T'IES PRIOR TO ~ QUANTITY IN THIS GROUPING STARTING WORK. ALL MATERIAL SHALL CONFORM TO THE GUIDELINES ESTABLISHED BY THE CURRENT ~ BOULDERS -- RANDOM SIZE AND SPACING, MAX. AMERICIAN STANDARD FOR NURSERY STOCK, $' DIA., MIN. I' DIA.(REOUIRED AS SHOWN). PUBLISHED BY THE AMERICAN ASSOCIATION OF NURSERYMEN OR EOUIVALENT. 3, ALL PLANTS SHALL BEAR THE SAME RELATIONSHIP TO FINISHED GRADE AS ORIGINAL GRADE BEFORE DIGGING. 1. 2 1/2" TO DIA., 15' TO 17' HT. 4. ALL PLANTS SHALL BE BALLED AND WRAPPED 17 REOUIRED) OR CONTAINER GROWN. NO CONTAINER GROWN STOCK WILL BE ACCEPTED IF IT IS ROOT BOUND. ALL ROOT WRAPPING MATERIAL MADE OF SYNTHETICS OR PLASTICS SHALL BE REMOVED AT TIME OF PLANTING. 2. ~ AWU~ MAPLE (CLUMP) (ACER GINNALA) WITH CONTAINER GROWN STOCK, THE 2.5- CLUMP, ROOT TYPE - B&B CONTAINER SHALL BE REMOVED AND THE (9 REOUIRED). CONTAINER BALL SHALL BE CUT THROUGH THE SURFACE IN TWO VERTICAL LOCATIONS. 5, AT PLANTING TIME, ALL PLANTS SHALL BE , ROOT TYPE - B&B (11REOUIRED). THINNED BY REMOVING A BALANCED ONE-THIRD OF THE VEGETATIVE MATERIAL. ~ MINT JULEP JUNIPER (JUNIPERUS CHINENSIS 'MINT JULEP') 6. ALL PLANTS SHALL BE SPRAYED WITH AN ""'*' 5 GAL., ROOT TYPE - PDT (55 REOUIRED). ANTIDESSICANT WITHIN 24 HOURS AFTER PLANTING. 5. 0 ANZAC DAYLILY (HEMEROCALL[S X 'ANZAC') ROOT TYPE - B.P. {71REOUIRED). 7. ALL PLANTS SHALL BE WATERED THOROUGHLY TWICE DURING THE FIRST 24-HOUR PERIOD 6. AFTER PLANTING. ~ EXISTING TREE TO REMAIN 8. ALL "PLANTER AREAS" TO BE FULLY MULCHED AND COVERED WITH 3" MIN DEPTH DF WOOD CHIPS AND/OR BARK OVER PROPERLY ANCHORED POROUS WEED BARRIER FABRIC SUCH AS AGRITEX MAT ,TYPAR, OR EQUAL 9. ALL AREAS NOTED "GRADE AND SEED", "GRADE AND SOD" AND "PLANTER AREA" WILL RECEIVE TOP SOIL AS INDICATED IN STANDARD SPECIFICATIONS. NOTE 10. THE CONTRACTOR SHALL REFER TO THE STANDARD SPECIFICATIONS FOR COORDINATE INSTALLATION OF PVC SLEEVE UNDER ALL PAVED AREAS AS NELL AS THE ADDITIONAL REOUIREMENTS. THE CONTROLLER IRRIGATION ~AIN ~ THE BLDG. I00~ IRRIGATION TO ALL PROPERTY LINES & ROAD EDGES. ALL IRRIGATION LINES INSTALLED WITHIN OWNERS PROPERTY AND NITH LONG RANGE HEADS TO REACH STREETS LRI-4-OOSMH-IV-CS 400W SMH Mounting Height= 16 feet. From Pole to Photometric Center= 2 feet. lES Candela File: C:\SPLDtES\LZl-72_5.1ES Initial Lumens per Lamp= z~O000. Light Loss Factor (LLF) = 0.72 Number Poles this t,vpe = ,5 []CC-400-SMH-FGL 400W SMH Mounting Height= 16 feet. lES Candelo File: C:\SPLDIES\L$958.1ES Initial Lumens per Lamp= 40000. Light Loss Factor (L_LF)-- 0.72 Number Luminaires this t,vpe = 26 ILLUMINANCE IS IN HORIZONTAL FOOTCANDLES. TARGET PLANE AT Z = 0 FEET. Surnrnarb~ xx PO ]~ NTS 464 AVERAOE 8. rs MAX ]] MUM 74. 1 MiNiMUM O. 0 or) i !!, .... , A -%~ '.-2 N NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING DESIGN MARKET RESEARCH MEMORANDUM TO: Kirk McDonald FROM: Jason Lindahl/Alan Brixius DATE: March 29, 2000 RE: New Hope - Super America at Medicine Lake Road and hillsboro FILE: 131.01 - 00.04 BACKGROUND Super America is requesting, a rezoning, site plan approval, and four Conditional use permits to allow the construction of a 4,045 square foot convenience gas station on the property located at 9398 Medicine Lake Road. The project needs the following approvals: · A rezoning from R-O, Residential - Office District to B-3, Auto - Oriented Business District to allow a convenience store with gasoline as a conditional use within the B-3 District. Site plan approval to allow construction, A conditional use permit to allow the construction of a convenience store with gasoline. · A conditional use permit to permit a shared access from Medicine Lake Road. · A conditional use permit to allow the outdoor display of products for sale. · A conditional use permit to allow construction of an undersized loading area. Attached for Reference: Exhibit A: Site Plan Exhibit B: Plot Plan Exhibit C: Equipment Plan 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 6 ! 2-595-9636 FAX 61 2-595-9837 E-MAIL NAC~ WINTERNET COM Exhibit D: Grading Plan Exhibit E: Piping Plan ~-*~ Exhibit F: Landscape Plan Exhibit G: Photometric Plan Exhibit H: Truck Turning Plan Exhibit I: Elevations Exhibit J: Letter From Residents of Presidential Estates I and il. Exhibit K: Joint Access Use Agreement Exhibit L: Narrative from Applicant RECOMMENDATION The Comprehensive Plan guides the subject property for commercial use. The Planning Commission and City Council must determine whether the B-3 District is appropriate to accomplish the City's goals for this area as outlined in the Comprehensive Plan. Should the City approve the rezoning, staff recommends approval of the site plan, a conditional use permit to allow the construction of a convenience store with gasoline in the Bo3 District, a conditional use permit to allow a shared access from Medicine Lake Road, a conditional use permit to allow the outdoor display of products for sale, and a conditional use permit to allow construction of an undersized loading area. These permits will allow the construction of a 4,045 square foot convenience gas station on the property located at 9398 Medicine Lake Road. This recommendation is based on the finding contained in this report and subject to the following conditions: 1. The applicant must submit revised plans with consistent information regarding the size and dimension of the proposed building. 2. The applicant must demonstrate compliance with both the canopy's minimum clearance and facade height prior to final action on this application by the City Council. 3. The applicant must shift the pump island area five (5) feet to the west to meet the required 15 foot setback. 4. The applicant must demonstrate that the site can provide the required number of off-street parking stalls. In addition, the applicant must file a snow removal plan with the City as a condition of the CUP. 5. The applicant must demonstrate that the site can accommodate large truck traffic. No large trucks may egress the site going north bound Hillsboro Avenue. 6. The grading and drainage plans must be reviewed and approved by the City Engineer. In addition, the applicant must receive a storm sewer permit from Hennepin County. 7. The applicant must submit and receive approval of a comprehensive sign plan that meets the standards set forth in Section 3.49. 8. By Ordinance, the operation of this site is limited to the hours between six o'clock a.m. and 12 o'clock p.m. unless these hours are extended by the City Council. The applicant has requested 24 hour operation. The Planning Commission and City Council should determine the appropriateness of this request. 9. All motor fuel facilities shall be installed in accordance with state and City Standards. 10. The applicant must receive an acm. ess permit from Hennepin County to allow access from Medicine Lake Road. An easement for shared access with the property directly to the east must be submitted and approved City Attorney. 11. The display area for outdoor sales shall be limited to the recessed triangular areas located at the southwest and southeast corners of the building. There shall be no outdoor display of products for sale on the sidewalk along the south side of the building. ISSUE ANALYSIS Rezoning The applicant is requesting a rezoning from R-O, Residential - Office District to B-3, Auto - Oriented Business District to allow a convenience store with gasoline as a conditional use within the B-3 District. There are two criteria to weigh when considering a rezoning. · Mistake: The existing single family use is not consistent with the surrounding multifamily and commercial land uses. In addition, the subject property and the property directly to the east are oriented to Medicine Lake Road which is a major arterial street. There are commercial sites on both the southwest and southeast quadrants of this intersection. · Changing Conditions: The property's current zoning already allows some commercial activity. Given the traffic and visibility at this intersection, more intense commercial activities have been proposed by the City's Comprehensive Plan. Given the evidence provided by the applicant, staff finds that there is a basis to approve the rezoning. However, the Planning Commission and City Council must determine whether the B-3 District will accomplish the City's goals for this area as established in the Comprehensive Plan. In making this decision, the Planning Commission and City Council may wish to consider the site design and other applications necessary to permit this use. It should also be noted that NAC did receive comments objecting to the development of a convenience store with gasoline on this site. The issues cited include: automobile traffic, pedestrian traffic, hours of operation and noise. In 1991, Super America did develop a similar station at 6144 West Broadway. This application also needed several City approvals and, in retrospect, was a positive redevelopment project which served the needs of the area residents. Therefore, staff sees the rezoning as a policy decision for the Planning Commission and City Council. Site Plan As noted above, the applicant is proposing the construction of a 4,045 square foot convenience gas station. The subject site is approximately 151.5' by 239' or 36,208.5 square feet (.83 Acres). 18,060 square feet ~ of the site will be paved with impervious surfaces with the balance devoted to green space. Architecture The proposed building will be 82' wide, 49'4" deep (4,045 sq. ft.), and 23 feet tall. According to the applicant, the materials used in construction will include face brick, colored rock face concrete, and ceramic tile. The building will have a pitched asphalt shingled roof on three sides. The roof on the back (north) side will be open to show the roof top equipment. All roof top equipment must be painted to blend in with the building. The trash enclosure will be made of the same materials used in the principal building. It should be noted that the building elevations do not match the building outlines on the site plan. Staff recommends that a condition of approval require the applicant to submit revised plans with consistent information regarding the size and dimension of the proposed building. Lot and Building Performance Standards Section 4.035 defines the area and building size regulations for properties within the B-3 District. These requirements are presented in the chart below. These figures indicate that the subject property is in compliance with the lot and building area standards for properties within the B-3 District. Lot Area Standards for the B-3, Auto - Oriented District Standard Required Proposed Status Lot Area 10,000 sq. ft 22,500 sq. ft ' 36,388 sq. ft. Compliant Lot Width 80 ft 152 ft. Compliant 130 ft' Lot Depth 150 ft" 238 ft.* Compliant Building Height 3 stories 1 stow (23 ft.) Compliant 'Conditional Use Permit Standards The setback requirements for principal structures within the B-3 District are outlined in Section 4.034 (3) of the Zoning Ordinance. The chart below illustrates both the ordinance requirements and the propose standards. Given this information, staff finds that this site is in compliance with the setback requirements for properties in the B-3, Auto - Oriented Business District. Setback Requirements for the B-3, Auto - Oriented District Yard Required Proposed Status Front 30 152 Compliant Side (East) 20 39 Compliant Side (West) 20 30 Compliant Rear 35 37' 10" Compliant Section 4.032 (3) (i) outlines the performance standards for pump island canopies. The chart below illustrates both the ordinance requirements and the propose standards. As shown, the canopy's height and most of the setbacks are in compliance with the performance standards for properties in the B-3, Auto - Oriented Business District. However, the canopy fails to meet the required 15 setback on the east side and the plans do not indicate the standards for the canopy's minimum clearance and facade height. Staff' recommends that a condition of approval require the applicant to shift the pump island area five (5) feet to the west to meet the required setback and to demonstrate compliance with both the canopy's minimum clearance and facade height prior to final action on this application by the City Council. Performance Standards for Pump Island Canopies Standard Required Proposed Status Setback From Property Line (south) 15 ft. 71 f. Compliant Setback From Property Line (south) 15 ft. 10 ft. Deficient Setback From Property Line 0Nest) 15 fl 26.5 ft. Compliant Height 20 ft 20 ft. Compliant Minimum Clearance 14 ft N/A N/A Canopy Facade 3 ft N/A N/A Parking & Circulation The off-street parking requirements for convenience stores with gasoline service are set forth in Section 4.036 (10) (o). These standards along with the number of stalls shown on the applicant's plans are shown ~n the chart below. The chart indicates that buildings of this size are req~,~-~ro~'i-de'29 off~¢acking~ and that the applicant's plans show only 24 stalls. Therefore, st-aCf4iF¢~ that the site fails i.o provide the--r-efluice~ numb~ o;'f-~;.[ ~e[ parki~ ]9 s[alls.--- ~-' Off-Steet Parking Requirements Use Required Shown Motor Fuel Station At Least 5 Stalls 24 Stalls Convenience Stores 24 (1/150 sq. Total *z~-Stafls ~,4F 24 Stalls The applicant's site plan indicates that the dimensions of all off-street parking stalls are 9'x 18 feet. According to Section 4.036 (4) (h) (v), stalls of this length are only allowed if the applicant receives approval of a comprehensive snow removal plan. To date, the applicant has indicated that all excess snow will be removed from the site. Staff recommends that a condition of approval require the applicant to file a snow removal plan with the City. The applicant's site plan meets the requirements for drive aisles outlined in Section 4.036 (4) (h) (v). However, the City Engineer is not satisfied that the site meets the standards for the turning radiuses for large trucks. Staff recommends that a condition of approval require the applicant to demonstrate that the site can accommodate large truck traffic and that no large trucks will egress the site going north bound Hillsboro Avenue. Loading Area According to Section 4.037 (6), all commercial or industrial structures are required to provide one (1) loading berth not tess than seventy feet in length. However, buildings less than 5,000 square feet may be allowed a smaller loading area through a conditional use permit, provided they meet the following standards: a. It must be demonstrated that the site cannot physically accommodate a loading berth to the size required. Finding: Staff finds that given the site's design and size, it cannot physically accommodate a loading berth of the size required by the Ordinance. b. It must be demonstrated that semi-trailer truck deliveries will not occur at the site or all deliveries will occur at such times as to not conflict with customer or employee access to the building and parking demand. Finding: The site plan shows a loading area that is 24' x 40'. According to the applicant (see attached narrative), this area will provide adequate space for almost all deliveries. All other deliveries will be scheduled for off peak hours. Given this information, staff finds that the loading berth shown on the proposed site plan is adequate to meet the site's deliveries needs. Access The applicant's site plan shows a shared access to the subject property and the parcel directly to the east off of Medicine Lake Road. According to Section 4.036 (11 ) (b) (iii), the applicant will need a conditional use permit to allow a shared access along Medicine Lake Road. The applicant is also required to submit a shared access easement to the City prior to final action. The applicant has submitted this agreement. Staff finds that this shared access will reduce the number of curb cuts along Medicine Lake Road and predetermine the access to the redevelopment site to the east. In addition, the applicant will need an access permit from Hennepin County to allow access from the County road (Medicine Lake Road). Staff recommends that no large trucks may enter the site from north bound Hillsboro Avenue. Lighting The plans showthat all building lighting will be canister style and focused down to prevent dispersion of light onto adjacent properties. In addition, all canopy lighting will be recessed in the canopy with only the light's lense extending out beyond the fascia. The lense must focus light toward the ground. The applicant's lighting plan is in conformance with the standard set forth in Section 4.033 (5). The illumination requirements and the proposed standards are shown in the chart below. Illumination Standards Side Required Proposed North .4 Foot Candies 0 Foot Candles South I Foot Candle .1 Foot Candles East 1 Foot Candle .7 Foot Candles West .4 Foot Candles .2 Foot Candles The plan shows no lights on the north or east sides of the building. Should the applicant choose to place exterior lights on either the north or the east side of the building, they must submit a revised lighting plan indicating the photometric patterns for these lights. Grading Plan The grading plan appears adequate. However, staff recommends that a condition of approval require the grading and drainage plans to be reviewed and approved by the City Engineer. It should be noted that the applicant will need a storm sewer permit from Hennepin County. Signage Super America's sign plan does not present consistent information regarding the site's proposed signage. The site plan, building elevations, and the written narrative all present different sign information. This makes a detailed review of the site's sign plan difficult. Therefore, staff will provide the sign standards for convenience stores with gasoline services in the B-3 District and recommend that a condition of approval require the applicant to submit and receive approval of a comprehensive sign plan that meets these standards. According to Section 3.49, properties in the B-3 District are allowed the following signage: · One free standing sign vCnich may not exceed 100 square feet in size or 30 feet in height. In addition, the applicant may attach to this pylon sign one 16 square foot sign for the purpose of informing persons of the sale price of gasoline. · No more than two wall signs totaling 15 percent of the front face of the principal building or 250 square feet, whichever is less. · One canopy sign per canopy fascia fronting onto a street. Canopy signs shall be limited to 16 square feet per sign. Landscaping The applicant's landscape plan meets the standards for landscaping and screening outlined in the Zoning Ordinance. The applicant has complied with the recommendation of the Design Review Committee by adding tall trees along the north side of the site. 15,128 square feet (or 41.5%) of the site will be green area with the balance covered with impervious surfaces. The plan uses a variety of plants and trees to screen both the building and the parking area from the surrounding uses. CUP Review According to Section 4.124 (2), convenience stores with gasoline are only allowed as a conditional use within the B-3 District Should the City Council choose to rezone the subject property from R-O to B-3, the s~te would still need approval of the conditional use permit. Below are the applicable CUP standards and staff's findings for each. 1. Permitted Uses: Super America intends to operate a convenience store in coordination with the sale of gasoline. Convenience stores are a permitted use in the B-3 District. Therefore. the subject property meets this standard. 2. Area: The applicant must designate the approximate area and location devoted to non-automobile merchandise sales. This information is shown on the attached site plan. Exterior sales are subject to a separate conditional use permit. 3. Hours of Operation: The applicant intends to operate the store 24 hours a day. However, this section of the code limits the hours of operation to six o'clock a.m. to 12 o'clock p.m. unless these hours are extended by the City Council. The Planning Commission and City Council should determine the appropriateness of this request. 4. Motor Fuel Facilities: Staff recommends that a condition of approval require that all motor fuel facilities are installed in accordance with state and City Standards. In addition, the applicant must demonstrate that there is adequate space to maneuver large trucks. 5. Canopy: Canopies located over pump islands are allowed as accessory structures in the B-3 District, subject to the specifications set out in section 4.032 (3) (k). These standards were reviewed as part of the site plan review and staff found that the proposed canopy met all of the required specifications with the exception of the canopy's minimum clearance and facade height. Staff recommends that a condition of approval require the applicant to demonstrate compliance with both the canopy's minimum clearance and facade height prior to final action by the City Council. 6. Compatibility: The architectural appearance and functional plan of the building and site are similar to existing building and will not cause an impairment in property, values or constitute a blighting influence within the surrounding area. All side of both the principal building and the trash encloser will be constructed of the same materials. 7. Pedestrian Traffic: The applicant has complied with staff's requirement to indicate on the site plan a concrete sidewalk from the proposed building to the existing sidewalk along Hillsboro Avenue. 8. Outside Storage: No outside storage will be allowed on site. Outdoor display of products for sale will be permitted with City approval of the CUP. CUP for Outside Sales and Service Area Section 4.124 (2) (e), requires a conditional use permit for outdoor sales and service activities. The applicant states that they intend to offer sales of seasonal items such as windshield fluid, pop / beverages, charcoal, bundles of fire wood, and ice in a freezer. Staff believes that sale of these items would encompass the entire year and therefore be permanent rather than seasonal. Section 4.125 (4) details the standards to weigh when considering a CUP for outdoor sales and service areas. These standards and staff's findings for each are outlined below. a. Area Limit. The applicant has designated a 197 square foot area for outdoor display. This area is stretched out along 2.5 feet of the sidewalk in front of the store. This amount of area is in conformance with the Ordinance. However, the total width of the sidewalk is only five feet. Should there be any vehicle overhang, pedestrians will not be able to access the building. Therefore, staff recommends that a condition of approval limit the display area for outdoor sales to the recessed triangular areas located at the southwest and southeast corners of the building. b. Screened from Residential. Outdoor sales areas must be fenced or screen from view of neighboring residential uses. Should the display area be limited to staff's recommendation above, the site's landscaping and the building itself will screen the display areas from the adjacent residential uses. c. Lighting Shielded. The applicant's lighting plan indicates that all exterior lighting will be hooded and directed down so light will not be visible from either the public right-of-way or the adjacent residential uses. d. Surfacing. The applicant's plan shows that the display areas will be surfaced and present a clean, attractive, and usable surface. e. Parking. Currently, the site does not meet the requirements for off-street parking. However, the designate display area should not affect the area available for providing additional parking. CONCLUSION This application is in need of considerable revision. Conditions affecting approval include parking, signage, and buildling layout. Nevertheless, staff is prepared to recommend approval of the site plan and conditional use permits should the applicant meet the conditions of approval and the City approve the rezoning. Staff finds that there is evidence to approve the rezoning of this site from R-O, Residential - Office District to B-3, Auto - Oriented Business District. The Planning Commission and City Council must determine whether the B-3 District will accomplish the City's goals for this area as established in the Comprehensive Plan. pc: Doug Sandstad Steve Sondrall 03/29/00 14:18 ~ :02/03 N0:049 Glenn ~ Coo~ RI · RO~ ~ Scfl~[~[. P~. · Jerr~ ~, ~. Pa, * '"' sene ...e.w. Rosene. RE.. RIC~ E. ~mer. RE. ~ 5us~ M, }oe,l~ C,P~,. Senmr Consultants ~ A~oclate ~rl~cl~al~: H~ara A Sanmm, RE. · ~e~ ~ Oo~o~ P~ · Robert R. Pfetrerle, RE. · An rlik & Michael T. Rautma~, ~e. · ~ K.FMId, M~, · X~h ~ ~r~R RE, a M~ M, Rolls, ~. · St~ey E ~ll)amson. P~ LS. · Roee~ E Kots~t~ * Agnes M. ~lng ~ ~lan ~(cK $c~ ~E. Office[' St. Paul, R~ester. wtllm~ ~d St, Clou~ MN * Ml~kee. ~1 ...... : . Engineers & Architects ~o~,,~: www~m~e~[roo.c~ ..,.~ : . MEMO TO: ~rk McDon~d~ Doug S~dst~ FROM: M~k Han~on~nce V~der Top . ,2q~l ,.id DA~: March 29, 2~ '. ~., SUBJECT: Super America (M~dicin, ~e Roa~illsbom Avenue) '::~ Our File No. 34;~n ~98-~ . :.~ . : .}~:" The following review comment~ ~n to ~e pl~ dared M~h 23, 2~: ................ - ':' ..'i~: ' · ~e pm~y is pmsentl~ platted into two lots. Due to ~ age of ~e pl~, e~ements have '~' ~n ~ord~ against thc property du~ to impmvcm~n~ in Medicine ~e Road (Co. Rd. 70). A 5' wide drainag~tility e~ement is shown.~ong ~e e~t line and a 10' wide drainag~utility easement is ~hown ~ong the north line on the lot propo~ to ~ developed by Suer America. An ~s~ em~em,nt is shown over ~ o~rly lot to gain acces~ to Super ' America from Medicine L~e Road. ~is is consistent wi~ discussion ~tween st~'f and the applic~t; however, it would be mom desirable if ~e prope~y were m-platmd and the r~uimd e~ements (inclu~'ng p~t e~emen[~) we~ ~hown on ~eplat "-~:~ ' ' ...~1 '" Sit~ Plan: j.~ · ..~. · Driveway access to ~d~ine ~ke mad sh~l ~ mvi,wed a~d approved by Hennepin County. ~ .~ · Driveway ~ess to Hili~boro Avenue i~ i~ated appmxima~ly lffi' no~h of Medicine Ro~, which is accep~ble.. ILq lilly the Hills~ro Avenue ~s~ will ~ mom heavily used th~ ~e Medicin, L~, RoM access. ~erefore. the i~t to th~ ~j~ent apartments west of }~lisbom Avenue ~ho~d be mn~i~md to d,t~rmin~, the ~ect of h~dlights, etc, '::~ Depending on the imp~t, it may ~ more d~irable to move ~e building ~d ~cess to Hill~boro Avenu, fu~har no~h. "?~' · It would.be mom desirable if ~e ~i~walk boulevard w~ maintai~ along Hill~boro Avenue similar to ~e boulev~d no~h of Super America. Sidew~k r~onstmction would ~. required ": ~ong Hillsboro Avcnu~ to.maint~n ~c same boulcvar~ . ~:,~ ........... ~;~ .' 03~29~00 14:18 ~ :03103 N0:049 Drainage/(}rading: '--~. The incroa~e atorm water runoff from both lot~ should be consid~r,d. Storm water improvements for mt~nfion ~d water quality due to in~,~ runoff ~hould ~ along or n~r th, oasterl7 lot line of ~e ,~t lot. The ~tom w~r di~h~ could occur into the existing sto~ sewer l~a~ in the souffi~qtedy comer of the e~tem lot. ~e pm~sed storm sewer s~ing Suer ~efica would ~ ~di~ ~d disch~ged to ~e new pending ama (a m~nance e~om,nt i~ m~i~ owr ~e ponding ~a). B~ ~k Watershed Acceptable gr~e~ and ~lope~ m provide. No ~ing impacts ~ ~hown in the adjacent property to the east and no~ (a~suming both lots ~ eon~i~md one). Utilifie~ (sanita~ sew,r/wa~r) serving ~e oxi~fing buildinl 8h~! ~ ~bandonod in :'~ accoffiance with public works. :' New sanit~y seweffwamr ~ervice to Super America i~ ~hown ~m Hfll~bom Avenue. Utility '~' ex~n~ion~ shall be cons~ed in ~ordance wi~ ~bli, Wor~. The existing soweffwater ~ice to the existing bail~ng e~,t 0f Super America shall be ~viewed to dotermine if ~y u~date~ m mqui~. ...~ MAH~V:crw ':~ . .i '[~ .. 3flfC-~V , ~X'6D6 .. D, · X 0 ' Zt~6 " I £'Z~6 X OS ME.-R STREET.. ~ MARING STREET PETITION We, the undersigned Homeowners of condominium units at Presidential Estates II, 2800 Hillsboro Avenue No., New Hope, MN 55427, are protesting the construction of ..... a Super America Convenience Store/Gas Station at the NE corner of Hillsboro Ave. ~. and Medicine Lake Rd., New Hope. We also strongly protest the zoning change that would be required from the current R-O to B-3. Hillsboro Avenue is a residential street that serves the neighborhoods to the north of Medicine Lake Road. The traffic patterns at Hillsboro and Medicine Lake Road lack suitable ingress/egress to the subject properties. Super America or any other project can only compound the traffic problems at this corner. WE DO NOT WANT A SUPER AMERICA INSTALLATION AT THIS SITE. SIGNATURE I PRINTED NAME UNIT # '?/'"4~ PETITION We, the undersigned Homeowners of condominium units at Presidential Estates II, 2800 Hillsboro Avenue No., New Hope, MN 55427, are protesting the construction of a Super America Convenience Store/Gas Station at the NE corner of Hilisboro Ave. N. and Medicine Lake Rd., New Hope. We also strongly protest the zoning change ,, that would be required from the current R-O to B-3. Hillsboro Avenue is a residential street that serves the neighborhoods to the north of Medicine Lake Road. The traffic patterns at Hillsboro and Medicine Lake Road lack suitable ingress/egress to the subject properties. Super America or any other project can only compound the traffic problems at this corner. WE DO NOT WANT A SUPER AMERICA INSTALLATION AT THIS SITE. , J PRINTED NAME UNIT # -I I PETITION We, the undersigned Homeowners of condominium units at Presidential Estates II, 2800 Hillsboro Avenue No., New Hope, MN 5'5427, are protesting the construction of a Super America Convenience Store/Gas Station at the NE corner of Hillsboro Ave. A. and Medicine Lake Rd., New Hope. We also strongly protest the zoning change that would be required from the current R-O to B-3. Hillsboro Avenue is a residential street that serves the neighborhoods to the north of Medicine Lake Road. The traffic patterns at Hillsboro and Medicine Lake Road lack suitable ingress/egress to the subject properties. Super America or any other project can only compound the traffic problems at this corner. WE DO NOT WANT A SUPER AMERICA INSTALLATION AT THIS SITE. SIGNATURE PRINTED NAME UNIT # "/~. ~ ~ .,./~ "~_~ m~. ~ /vas J4~es _~AYZ-~- 30 March 2000 To tine Mayor of New Hope & All Council Members I am writing in regards to the purposed Super America station on the corner of Hillsboro and Medicine Lake Road. I have been an owner of my condo at P,,'esidential Estates for over 20 years and I am greatly disturbed at the prospect of SA building next door to me. I would suggest that you all visit the existing SA on the corner of Douglas Drive and Duluth Street to get some idea what it has done to the corner in terms of traffic, noise and the like. 1 also suggest you talk to the city of Golden Valley and ask if they had it to do over aoain= , would they allow SA to build on a small lot. Like everyone else, I am concerned with the amount of traffic and noise that wilt be generated. SA can regulate what happens inside the store, however they really have little or no control over what happens outside the store Given the number and size of delivery trucks needed to service a typical SA store, my neighbors and 1 will not only be subjected to a visual eye sore, we will be subjected to noise pollution. Delive~ trucks will start arriving at the crack of dawn and continue all day long. We will also have to listen to cars doors slamming, loud radios and late at night after tile bars let out, drank drivers and other undesirably types that come out at night Given the layout of the SA you are creating a massive traffic snarl. The driveway on Hiilsboro is a little over 90 feet fi-om the corner. This means that the 5th car waiting for the light on Medicine Lake Rd will be blocking the driveway. This will mean cars exiting SA will mrn right on Hillsboro and use residential streets to get back to Medicine Lake Road. This is inevitable Another issue that has to be addressed, and SA has no control over it, is headlights shining into our windows as cars enter into the property offofMedicine Lake Road. What about headlights shining directly into all units of the building on the west side of Hillsboro. SA will have a direct negative impact on alt property values in this neighborhood I also question the wisdom of the B3 zoning of both parcels of land. If SA only needs a easement to use the insurance guys driveway, why rezone the insurance parcel? Ivly understanding is that B3 zoning also allows fast tbod restaurants with drive thru windows. Taco Bell is looking in this area and the insurance property would become a very, inviting parcel for any fast fooder not currently in this market. You would be very' short sighted if you don't take this possibility seriously. If it is zoned B3 and you turn them down, you probably would be sued, and you would probably lose. I shudder at tile thought of this happening and am counting on your good judgment to see that it does not. 1 also don't understand how you can,}usliL' a B3 zoning in a neighborhood made up of' R zoning on ali three sides of this propei-t~ What other zonin,.z,~ has been com~del-ed~,' '~ Given the fact that we already have a t'~ll se~'vice station on the corner of H~,,v 109 and a ,,as and convenience store across the st~'ect SA is ~ot ~eeded here. Given the noise, litter, truck trafiSc, increased passenger car traflSc. I don't see how any of' su~po., to SA's ask 'h',~ a~ member of the ('ily COLmciI x'¢>te against this project ! have enclosed some photos shox:i~:g b. ox~ the dh:'eway off Medicine Lake Road looks has given no tlnought to the people who ?eside in tl~is neighborhood, lfthe city goes with SA, then the same witl have t~ be said about the city. Vote against this pro ect. Regards. J~oe Hm~lev 2~ year owner 2801 Flag Ave. North New Hope, MN 55427 3/22/00 Dear Kirk McDonald, Director Community Development I am writing to express my concerns for the SA Gas Station Proposal. I live at 2800 Hillsboro Ave. N., in a Condo Unit next door to the proposed lot. I did not buy my home to live next to a gas station that will stay open 24 hours, nor do we need 3 gas stations within a one block radius. There are many seniors that live in this building, Presidential Estates II, and our sister building, Presidential Estates I, who have lived here 15-20 years or more, and SAFETY IS OUR BIGGIST ISSUE! Our parking entrance will be about 50 ft. from SA's and I forsee problems getting in my garage(underground) people lurking/lounging/loitering on our property. We have 9 bedroom windows that face the proposed property and I foresee and HEAR fast moving cars/squeaking brakes, blowing trash in our yard, loud music/noise/their intercom, BRIGHT LIGHTS 24 hours a day. I also hear my senior neighbors complaining about, taking a walk or riding their bike. What about the NARROW STREET HILLSBORO IS. There is parking on one side and we already have CONGESTION, a traffic light that last 2½ minutes to get on Medicine Lake Rd.(left turn). I am sure there is other property available in New Hope for this development that does not require zoning code change. WE SAY VOTE NO TO SUPER AMERICA PROPOSAL! Is the Sinclair lot for sale?, it is a better place for Super America. that warrants investigation. Yours Truly, March 24, 2000 Planning Committee 4401 Xylon Avenue North New Hope, MN 55428 To Whom It May Concern: I am a friend of Valerie Jefferson who lives at 2800 Hillsboro Avenue North, New Hope, Mn 55427. It has come to attention that Super America plans to build next to the Presidential Estates II Condominiums. This area tends to be very quiet and safe at this time, and the owners living here are mostly senior citizens. My belief is that having Super America in this location could jeopardize the safe, and peaceful atmosphere of this location. There are two gas stations in this one block radius already. Another is not necessary! I visit my friend quite often. I have a four year old son, so I worry about the neighborhood I frequent for my own safety, but especially for my son. Please do not change the zoning from residential to business in this area. It will destroy the good neighborhood that these condominiums are located in. Respectfully submitted, Audrey Aye Minneapolis, MN Mardn Klang Unit # 202 2800 Hillsboro Ave No New Hope, MN 55427 (763) 544-7885 Tuesday, March 28, 2000 Mr. Kirk McDonald Director of Community Development 4401 Xylon Avenue North New Hope, MN 55428 Dear Mr. McDonald; I mn writing to express my opposition and concern mgm'ding the request for rezoning from R-O, Residential Office, to B-3, Auto Oriented Business, at 9398 Medicine Lake road, legally described as follows: Lot 7, Block 8, Howland's Heights PID # 19-118-21 33 009 I reside at 2800 Hillsboro Avenue North, which is adjacent to the said proposed property. I traverse southbound Hill~boro enroute to work each da5,. You have no idea how congested this area is and is getting worse each da5' since the installation of signal lights at the on / off ramps for Medicine Lake Road from Hwy. 169, traffic has drastically increased. You have NO idea how' man3' near hits I have seen and ~'en encountered at the junction of Hill.qboro and Medicine Lake Road. With the addition of ANOTHER gas station/convenience store, you will only be contributing to much more traffic and this traffic will influence uncalled for injuries, pedestrian accidents, and even deaths. Society does not pay attention to pedestrians or signal lights as they are trained and obligated,, as per the laws of Minnesota. I walk along Medicine Lake Road and yield to man)' cars as the), do no )ield to me, as the law says they should. I myself am at fault regarding some signals, however, not near as bad as what I have witnessed at this particular intersection. Isa)' VOTE "NO" to changing the zoning of this location. Please Vote No on behaff of many concerned citizens and be grateful you did Vote 'NO', as you will have saved countess tragedies by doing so. (at least at one intersection in the metro) Thank you. i, I c0, l t From: "Bradley, Alida M" <Alida. Bradley@ci.minneapolis.mn.us> To: "'cityhall@ci.new-hope.mn.us'" <cityhall@ci.new-hope.mn.us> Date: 3/28/00 4:06PM Subject: REZONE FROM R-0, RESIDENTIAL OFFICE TO B-3, AUTO ORIENTED BUSINESS, CONDITIONAL USE PERMIT, AND SITE BUILDING PLAN REVIEW I am writing in consideration to the above-mentioned issue. I live at 2701 Hillsboro Avenue North in Apartment #205, which is across the street from the location proposed for the B-3 permit. I am not an eloquent writer, so I will just try to let you know why I do not want the R-0 reclassified to a B-3, thus over riding the B1 limited and B2 commercial. First of all, we already have two gas stations (Sinclair and Citgo) across the street from each other within a 2-block area from the proposed sight of the re-zone, the Citgo station also having a convenience store. We also have a mini-mart down the hill behind the Citgo which many of us have frequented since SuperAmerica left its former location. I don't believe Hillsboro and Medicine Lake would be able to handle the traffic that would result from a SuperAmerica being built there. I think there would be congestion of traffic on Medicine Lake, and in some instances, people would have to take Hillsboro, causing a stress on that residential street. Also, I believe safety in the neighborhood would be forfeited. I feel the apartment building I reside in would be too close in proximity to the station for the safety of the residents. I just called 911 within the last few weeks to report a guy in our front lobby buzzing apartments to try to get into the building. If there is a SuperAmerica selling gas 24-hours a day across the street, I'm afraid with people congregating at the station, that the security we're already having a problem with would be almost non-existent. I don't want our little corner of the world to become the next Brooklyn Park. Also, if given the B-3 zoning, where would it end? Our building would have zonings of B-3 on either side of us. Is this a move toward a rezone of the property our apartments are on, creating an atmosphere for some kind of mall, and thus forcing us to have to leave? I've lived in these apartments since 1989, and don't look forward to having to leave, if forced to. I would be open to finding out more information about the B1 limited and B2 commercial and finding out what kind of properties could be maintained in that area under those zones. Any information you can give us at the hearing would be greatly appreciated. Thank you for your time. Atida Bradley \.,~\IM I~,./ ~ I"J;~l OeorgeA. Wesdn I · REZONE FROM R-0, RESIDENTIAL OFFICE TO B-3, AUTO ORIENTEO BUSlNESS,~'~ CONDITIONAL USE PERMIT, AND SITE AND BUILDING PLAN REVIEW APPROVAL PLANNING CASE 00-05 CITY OF NEW HOPE, MINNESOTA Notice is hereby given that the New Hope Planning Commission will meet at City Hall, 4401 Xylon Avenue North, New Hope, Minnesota on Tuesday, April 4, 2000, at 7:00 p.m. to hold a public headng on a request for rezoning from R-O, Residential Office, to B-3, Auto Odented Business, site and building plan review, and conditional use permits to allow a convenience store with gasoline, a shared drive access, outdoor sales, and a reduction in loading berth size (Sections-4,201, 4.~124(2), 4.125(4) 4.037(6)(a)(ii), 4.036(12), 4.21, and 4.039A - New Hope Code of Ordinances) at 9398 Medicine Lake Road, legally described as follows: Lot 7, Block 8, Howland's Heights PID #19-118-21.33 0009 Such persons as desire to be heard with reference to the proposal will be heard at this meeting. This notice is given pursuant to the Zoning Ordinance of the City of New Hope on the petition of Speedway SuperAmedca LLC/Dan Billmark. Exhibit and further information can be reviewed at the Information Counter in City Hall, Monday through Fdday, 8:00 a.m. to 4:30 p.m. The New Hope City Council will consider the recommendation of the Planning Commission on this proposal for the purpose of taking action at its meeting on Monday, April 10, 2000, at 7:00 p.m. or as soon thereafter as may be heard in the Council Chambers, 4401 Xylon Avenue North, New Hope, Minnesota. ~'5'-~Z:~ Accommodations such as a 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). Valerie Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on March 22, 2000) 3/22~00 3/16/00 Dear Council Member I am writing to express my concern of the SA Gas Station Proposal. I live at 2800 Hillsboro Ave N., next door the proposed lot. I do not want to live next door the a gas station nor do we need 3 gas stations within a 1 block radius. As many seniors live here SAFETY is my biggest issue. My parking entrance will be about 50 ft from theirs and I foresee problems getting in and taking walks. I see and hear fast cars, blowing trash, loud music and noise, as well as many bright lights. I say VOTE NO to change the Zoning I say VOTE NO to Super America Proposal. Is the Sinclair lot for sale? Yours Truly . Constituent B~LI. LOGE 2800 HILLS~ NEW HOPE, Thursday, March 17, 2000 On March 15th the residents of Presidential Estates I and II met with two representatives from Super America as well as a representative from the New Hope Planning Commission in attendance. The purpose of this meeting was for Super America to propose the advantages of constructing a Super America gas station on the corner of Medicine Lake Road and Hillsboro Avenue North. It was the consensus of those present that we do not want a Super America station at that location for the following reasons: · Traffic - The traffic is already congested with the many businesses, including two already existing gas stations, and numerous apartment complexes. When the Medley Townhomes and Condos are completed, Medicine Lake Road and Hillsboro will be greatly congested. · Noise - There will be a great deal of noise in conjunction with running a gas station of this size especially since it will be open 24 hours a day. One of our great concerns is the kind of people it will attract in the middle of the night. · Foot Traffic on our property - People will be cutting through our property, by way of our parking lot, and between the buildings of Presidential Estates I and II. This is a problem now and we see that only getting worse. It is a constant job picking up trash on our property now and that will only increase with the building of a gas station/convenience store so near our complex. Our feeling is that there is no need for an additional gas station to be built in this location when there are so many within such a short distance of this area. Including two that are located on Medicine Lake Road and 169. There have also been others in the past that have closed for unknown reasons. This proposed site borders our property. My unit is in the front of Presidential Estates I and from my patio I would be looking at this station. This is a view I do not want to see. Please do not permit this Super America station to be built on the corner of Medicine Lake Road and Hillsboro Avenue North! Sincerely, Jeanette E. Bockwitz Unit 111 2801 Flag Avenue North Minneapolis, MN 55427 · ~arch 12, 2000 ~.~irk mcdonald ~01 Xylon AYe N ~.ew Hope ~N 55428 Proposed SuperAmerica At Medicine Lake Road & Hillsboro Ave I am a homeowner at Presidential Estates Condominiums, 2801 Flag Ave ~. ~y unit is located at the southwest end of the building, which means I live very close to the proposed site of SuperAmerica. PLEASE do not let SuperAmerica build at this location. My reasons are as follows: 1. Traffic The traffic is bad already from Flag to Highway 169 due to the business in the area. IE: Sunny Hollow Shopping Center, ~cDonald's, two gas stations, apartment buildings, etc. There will be additional traffic when Medley Hills townhouses/condos and Bassett Creek ~ontessori School opens. A SuperAmerica would only compound the traffic situation. 2. Noise SuperAmerica will bring additional noise to the area. Trucks that will stock the store, bring the gas, take the garbage. Cars patronizing the business. 3. People cutting through our property Today, people take the short cut through our property in two ways. Through our parking lot and between the two buildings of Presidential Estates. This problem will increase due to the SuperAmerica convenience store. 4. Not another gas station! There are plenty of gas stations in this area already. - Citco & Sinclair at ~edicine Lake Road & ~wy 169 - Amoco at Medicine Lake Road & Winnetka - SuperAmerica & Oasis ~arket at 36th & Winnetka - Stations at Hwy 169 exits - 36th, 42nd, 49th 5. Out of business gas stations Two already exist in this area now. ~idland Service at medicine Lake Road & Winnetka and Citco/Union 76 at 36th & Winnetka. If Super- America comes in, will Sinclair at ~ledicine Lake Road & Hwy 169 go out of business?? I don't see much business there now and the appearance is not attractive. Why not replace Sinclair with SuperAmerica? Please do not let SuperAmerica build at this proposed location. I want to live in a quite, peaceful neighborhood just like other residents of New Hope do. Carol A. Whaley Unit 104 2801 Flag Ave N New Hope ~N 55427 3/22/00 Planning and Zoning Committee: I am writing to express my concerns for the SA Gas Station Proposal. I live at 2800 Hillsboro Ave. N., in a Condo Unit next door to the proposed lot. I did not buy my home to live next to a gas station that will stay open 24 hours, nor do we need 3 gas stations within a one block radius. There are many seniors that live in this building, Presidential Estates II, and our sister building, Presidential Estates I, who have lived here 15-20 years or more, and SAFETY IS OUR BIGGIST ISSUE! Our parking entrance will be about 50 ft. from SA's and I forsee problems getting in my garage(underground) people lurking/lounging/loitering on our property. We have 9 bedroom windows that face the proposed property and I foresee and HEAR fast moving cars/squeaking brakes, blowing trash in our yard, loud music/noise/their intercom, BRIGHT LIGHTS 24 hours a day. I also hear my senior neighbors complaining about taking a walk or riding their bike. What about the NARROW STREET HILLSBORO IS. There is parking on one side and we already have CONGESTION, a traffic light that last 2½ minutes to get on Medicine Lake Rd.(left turn). I am sure there is other property available in New Hope for this development that does not require zoning code change. WE SAY VOTE NO TO SUPER AMERICA PROPOSAL! Is the Sinclair lot for sale?, it is a better place for Super America. that warrants investigation. Yours Truly, Valerie Jefferson 2800 ltillsboro Ave. N Apt. 207 Mirmeapolis, MN 55427 3/17/00 Dear Council Member I am writing to express my concerns for the SA Gas Station Proposal. I live at 2800 Hillsboro Ave. N., in a Condo Unit next door to the proposed lot. I did not buy my home to live next to a gas station that will stay open 24 hours, nor do we need 3 gas stations within a one block radius. There are many seniors that live in this building, Presidential Estates II, and the building across the lot Presidential Estates I, who have lived here 15-20 years or more, and SAFETY IS OUR BIGGIST ISSUE! Our parking entrance will be about 50 ft. from SA's and I forsee problems getting in my garage(underground) people lurking/lounging/loitering on our property. We have 9 bedroom windows that face the proposed property and I foresee and HEAR fast moving cars/squeaking brakes, blowing trash in our yard, loud music/noise/their intercom, BRIGHT LIGHTS 24 hours a day. I also hear my senior neighbors complaining about taking a walk of riding their bike. What about the NARROW STREET HILLSBORO IS. There is parking on one side and we already have CONGESTION, a traffic light that last 2½ minutes to get on Medicine Lake Rd.(left turn). We say VOTE NO TO CHANGE THE ZOINING CODE. WE SAY VOTE NO TO SUPER AMERICA PROPOSAL! Is the Sinclair lot for sale?, it is a better place for Super America. Yours Truly, , Constituent 2800 '..ffiffsboro .qve ~ ~:224 3/17/00 Dear Council Member I am writing to express my concerns for the SA Gas Station Proposal. I live at 2800 Hillsboro Ave. N., in a Condo Unit next door to the proposed lot. I did not buy my home to live next to a gas station that will stay open 24 hours, nor do we need 3 gas stations within a one block radius. There are many seniors that live in this building, Presidential Estates II, and the building across the lot Presidential Estates I, who have lived here 15-20 years or more, and SAFETY IS OUR BIGGIST ISSUE! Our parking entrance will be about 50 ft. from SA's and I forsee problems getting in my garage(underground) people lurking/lounging/loitering on our property. We have 9 bedroom windows that face the proposed property and I foresee and HEAR fast moving cars/squeaking brakes, blowing trash in our yard, loud music/noise/their intercom, BRIGHT LIGHTS 24 hours a day. I also hear my senior neighbors complaining about taking a walk of riding their bike. What about the NARROW STREET HILLSBORO IS. There is parking on one side and we already have CONGESTION, a traffic light that last 2½ minutes to get on Medicine Lake Rd.(left turn). We say VOTE NO TO CHANGE THE ZOINING CODE. WE SAY VOTE NO TO SUPER AMERICA PROPOSAL! Is the Sinclair lot for sale?, it is a better place for Super America. Yours Truly, Constituent Jean Kartak 28(~) [hllsboro Ave N ~224 New Hope. MN 55427 Plannin~l Districts PLANNING DISTRICT 16 Planning District 16 is located in the southwest corner of New Hope. While the predominant land use is Iow density residential, the district does include a variety of other land use types. The district boundaries are Highway 169 to the west, Golden Valley to the south, 36th Avenue to the north, and Boone and Winnetka Avenue to the east. The following recommendations pertain to District 16. : 1. The Iow density residential areas of District 16 exhibit very good to excellent housing conditions. The City will continue to promote housing maintenance, through private investment, enforcement of the Housing Maintenance Code and scattered site renovation and redevelopment. 2. The medium density residential area exhibits declining building and site conditions. The. .City will aggressively pursue efforts for housing maintenance and renovation 4. District 16 is served by Jaycee, Sunny Hollow and Hidden Valley Parks. The park facilities will be monitored and upgraded as needs are presented. City of New Hope Comprehensive Plan Updah; Development Framework 102 AND REDEVELOPMENT SITES Residential Opportunity Commercial Opportunity Industrial Opportunity Commercial / Industrial Opportunity Deteriorating / Blighted Areas Underdeveloped Areas Vacant Areas 1 I Source: City of New Hope October 1997 · Base Map: · Bonestroo Rosene ,0~___ 1000 2000 3000 = Anderlik & Associates SGALE IN FEET ( GOLDEN VALLEY City of New Hope Comprehensive Plan Update 45 Inventory COMMERCIAL REDEVELOPMENT TARGET AREAS June 1998 Base Map: 0 1000 2000 3000 · Bonestmo Rosene ~=- -- · Anderlik & Associates SCALE IN FEET (Cit~ of New Hope GOLDEN VALLEY Comprehensive Plan Update 45 Development Framework ~ndMm E~um ~nd high ~n~ =t~d ~in ~oss Cr~k) ~ -- ~ ~ Lake ~od and 0~ ~age ~nsi~ ~ide~ol a~o / Vo~ ~r~n s~e ~eiop~ sites ~m~bil~ issue / Noise p~ble~ ~er Argue / ~s~ Loke ~od ~ming ~dius For ~i-~u~ Vo~ (~nd Place d~elopme~ H~gh ~ol ~p~bil~ issues r~elop~ ~ite Tr~c, ~p~s, I~edng, (~oti~h exi~ng buildlng) Io~eHng, ~. ~nigh ~ns~) reo~n~eme~ D~in~e issues ~ poring ond Demolish old ~ Ouilding ~ ~or~nd m md~e{~mem Xyo~2nd Avenue o~nm~ ~win Homes) Medium dersi~ housi~,g Noise wali consider~ion -- julcr Ci~/boundary le/orally redeveloper/ Commem[ol re~e~o~ ~ol I~ ~ion odor GOLDEN VALLE~ Over~i~t~on o~ s~e SCALE IN FEET Ci~ of New Hope ~omprehensive Plan Update 2 ~ Planning Tactics Memorandum T~x Planning Commissioners From: Kirk McDonald, Director of Community Development Phil Kern, Administrative Assistant I)ate: March 24, 2000 Subjecl: Zoning Code Committee - Revisions to Sections 4.04 - 4.27 At its third meeting on February 24, the Zoning Code Update Committee reviewed Sections 4.04 - 4.27 of the Zoning Code (minutes enclosed). This part of the Code deals with the zoning and environmental overlay districts. The attached memo from the Planning Consultant outlines the proposed changes recommended for this section. There are several significant areas of revision in this section of the Zoning Code, including the combination of several districts. These items are outlined in the Planning Consultant's memo. Minutes from the meeting are also attached. The Planning Consultant will be present at the meeting to lead the discussion on this information. As you are aware, the Zoning Code Update Committee, consisting of members of the Planning Commission, Citizen Advisory Commission, City staff, the Planning Consultant and the City Attorney, has been established to oversee the comprehensive update of the Zoning Code. The Planning Commissioners serving on the Zoning Code Update Committee are Roger Landy, Adam Kramer, Kathi Hemken, and Patsy Green. The update of the Zoning Code is being conducted by request of the City Council. You may recall that one of the top recommendations of the Comprehensive Plan was to revise the Zoning Code to help facilitate the implementation of some of the recommendations of the Comprehensive Plan. The general process to update the code will be that the Committee will review the Code and discuss revisions at its monthly meetings. Following each Committee meeting, the Code and proposed revisions will be presented to the Planning Commission for review and comment. Any major areas of concern or disagreement within or between the Committee and Commission can be so noted for further research and discussion at a later date. After a preliminary review of the entire Zoning Code has been completed, the City Council will discuss the proposed revisions and the major discussion items at a joint worksession with the Zoning Code Committee and Planning Commission. The Zoning Code Update Committee completed its initial review of the Code by examining the Administrative Section on March 16. This final section of the Code will be presented to the Planning Commission at its regular meeting on May 2. Following that meeting, the Zoning Code Committee will meet again on May 4 to review the major discussion items at previous Committee and Planning Commission meetings. Attachments: Planning Consultants memorandum Sections 4.04-4.27 of the Zoning Code Minutes from 2/24 Committee meeting Zoning Code Update Committee February 24, 2000 Present: Roger Landy, Planning Commission, Subcommittee Chair (arrived 5:30 p.m.) Adam Kramer, Planning Commission Kathy Hemken, Planning Commission Patsy Green, Planning Commission Roger Rubin, Citizens Advisory Commission Rod Sanders, Citizens Advisory Commission Kirk McDonald, Director of Community Development Shad French, Director of Parks & Recreation Guy Johnson, Director of Public Works Doug Sandstad, Building Official Chuck Tatro, General Inspector Sue Henry, Community Development Specialist Phil Kern, Administrative Assistant Steve Sondrall, City Attorney Alan Brixius, Planning Consultant Pam Sylvester, Recording Secretary Absent None 1. Call to Order The meeting of the Zoning Code Update Committee was called to order by Roger Rubin at 5:02 p.m. 2. Roll Call 3. Approval of Minutes The minutes from the January 20, 2000, meeting were approved as presented. 3. Review of Zoning Code Brixius stated that the Committee had previously completed the review of the general provisions and would now begin the review of each individual zoning district. Some of the districts had been consolidated to eliminate obsolete districts and to make it easier to apply various elements of the Code. Some changes are quite significant and the Committee can discuss each of these changes at length. Section 4.05 - R-l, Single Family Residential District Bdxius stated that the R-1 District is the most predominant district in the community and contains single family detached dwellings. No significant changes were made in this district. §4.053(2) dealing with recreational vehicles and equipment was added and referenced to §4.034(9)(b). Personal wireless service antennas was moved from a permitted use to an administrative permit because personal wireless antennas are allowed only when they are attached to an existing support structure which requires review by staff to insure that it had the capacity to handle the additional weight and that the mounting elements were sufficient. Section 4.054 - administrative permit was added to allow the expansion of non-conforming single family buildings (1), some reduction in accessory building side yard setbacks (2), personal wireless service antennas (3), permitted home occupations (4), and government and utility buildings (5). These items would require submission to .and approval by staff, rather than requiring the applicant to complete the Planning Commission/City Council process. McDonald interjected that per the direction Zoning Code Update Meeting Page 1 February 24, 2000 · of the City Council, staff was trying to reduce the number of insignificant requests that are now required to come before the Planning Commission and City Council. For example, at this time per code, no non-conforming house could be expanded without Council approval. A question was raised as to what recourse was available for a property owner if staff denied approval, and Brixius replied that the property owner could appeal to the Council. Section 4.055 - Conditional Use Permits, R-1 - Some items were eliminated in this section due to the fact that they are now located in the performance standards in §4.03 of the code, such as parking, off-street loading, government and utility buildings, several items under day care facilities. Earth sheltered homes was removed entirely. Section 4.056 deals with lot requirements, building heights and setbacks and these items were maintained for the R-1 District to maintain the integrity of the most significant zoning classification. The building height was changed to state 2½ stories or 30 feet, whichever is greater. The most significant change was for the front yard setback on a local street which was reduced from 30 feet to 25 feet, with the intent to allow some expansion toward the street. A recent request for a front yard setback variance was discussed and the positive effect the second- story building addition had on the existing home and neighborhood. Brixius reiterated that within the R-1 District there was no change to the use content or lot size or lot width. He added that the arterial and collector street setback was reduced from 35 feet to 30 feet. Section 4.06 - R-2, Single and Two Family Residential District Brixius stated that the R-2 District contained single and two-family dwellings. All of the permitted uses are listed in each section to eliminate the roll-over items in the current code format. The accessory uses and administrative uses are the same as the R-1 District. The R-2 conditional uses allow public educational and religious buildings, commercial outdoor recreational facilities, residential PUD, cemeteries, and day care facilities. The hours of operation §4.065(5)(b) under day care facilities had been eliminated. There was some discussion on the elimination of §4.062(1) dealing with less intensive use and the fact that it should be placed somewhere in the code. A suggestion was to add it to the general provisions section of the code. The most significant change was to the lot area requirements, building heights, and setbacks §4.066. The base lot size for single family was reduced from 9,500 to 8,400 square feet. Brixius stated that there are a number of areas in the City that have very deep lots, such as along the 5400/5500 block of Winnetka Avenue, which may offer some opportunity for redevelopment in these areas through the purchase of the land and subdivision. In an effort to redevelop these areas, some flexibility in lot size was proposed, such as 70-foot width and 120-foot depth equaling 8,400 square feet. The only time this would apply would be in the existing R-2 areas or through a rezoning. Some discretion would need to be used in determining whether or not to apply the reduced lot areas. Brixius noted that the basis for this recommendation relates to the Comprehensive Plan and providing an opportunity to keep New Hope's housing stock vital and taking advantage of under-utilized parcels. The point was made that rezoning would be needed at the time the property would be developed. Brixius noted that the two family lot area would be reduced from 14,000 square feet per base lot to 12,000 square feet. The area per unit would then be reduced from 7,000 square feet per unit to 6,000 square feet per unit. An analysis of existing twinhome lots was completed in 1999 and there currently are 82 non-conforming twinhome lots. With the reduction in lot area to 6,000 square feet, 44 of those units would be brought into conformance with code. Brixius stated that the reduction in lot area would not negatively impact the desirability of the units, but would allow a better opportunity for redevelopment. A question was raised whether it made sense to make the R-1 and R-2 districts the same reduced lot area. Brixius stated that all R-1 areas had been developed with the current standards and it was desirable to stay consistent in that regard. The lot width §4.066(2)(a) was reduced to 70 feet which is five feet narrower than the R-1 lot width of 75 feet. The front yard setback from a local street would be 25 feet and an arterial street would be 30 feet. The side and rear yard setback would be applicable to single and two-family dwellings. Zoning Code Update Meeting Page 2 February 24, 2000 Section 4.07 - R-3, Medium Density Residential District Brixius stated that single family uses are not allowed in this district. Two-family and multiple fami~, structures of 12 or less units are allowed. The permitted and accessory uses are generally the same as the R-2 District. Off-street loading would now be allowed to accommodate the multiple family structures. A question was raised regarding state licensed day care facilities in an apartment building, and discussion ensued on day care in two-family dwellings versus apartments. The administrative uses are basically the same as the R-1 and R-2 Districts, except that §4.075(2) PUD, residential and townhomes has been added, due to the fact that generally an association is connected to the development. Section 4.075(3) pertains to a commercial day care. Section 4.075(5) commercial outdoor recreation was deleted from the R-3 District because there are no commercial outdoor recreational areas in this district, or in the R-4 or R-5 District. Section 4.076 deals with lot requirements where the density had been increased to 5,000 square feet per unit for a twinhome and 15,000 square feet for multiple family dwellings or townhomes or other uses. As for lot area per unit, twinhomes, quadraminiums and townhomes would require 5,000 square feet per unit (currently 6,000 square feet) and multiple family dwellings would require 3,000 square feet (currently 4,000 square feet). Discussion ensued on the impact of the reduction in lot area. Brixius added that in the general provisions there is a requirement concerning recreational space for apartments. There would be a reduction of parking standards to create more green space, and increasing the density to allow property owners to redevelop. New Hope's current high density standard is 4,000 square feet per unit in the R-3 and 3,000 square feet in the R-4, which is a fairly Iow density compared to other communities. Most communities allow approximately 2,500 square feet per unit or 17-18 units per acre. One committee member objected to the increase in density and there was a lengthy discussion on lot area and density for the different districts. Staff gave examples of apartment rehabilitation requests where there was not enough room on the property to make a significant improvement project possible, such as adding garages for an existing building or demolition and construction of a new larger building. It was noted that the Comprehensive Plan encouraged reinvestment and redevelopment in the City. The City Attorney added that with redevelopment it may be possible that green area would need to be reduced, and it would be necessary to find a happy medium. There was concern that if the City did not make it possible for property owners to reinvest, the existing properties would continue to deteriorate. Setbacks §4.076(4) remained the same. Section 4.08 - R-4, High Density Residential District Brixius explained that this district contains two family and multiple family dwellings with no limit on the number of units in the apartment buildings. The permitted uses are basically the same as the existing with the exception that clubs/lodges was deleted. Accessory uses and administrative uses are generally the same as the R-3 District. Conditional uses includes nursing homes §4.085(3). The term "nursing home" should be changed. Section 4.085(4) allows for an apartment density bonus. This would allow apartments containing 10 or more units to pursue a reduction up to 20 percent of the required lot area per unit based upon specific features and square foot reductions. With a reduction per unit, increased bonuses are required such as masonry construction on exterior walls, underground parking, recreation areas both indoor and outdoor, and public transit availability. Section 4.085(5) states that within a senior housing facility 80 percent of the dwelling units must be occupied by at least one person 55 years or older. Building height exceeding three floors had been deleted to allow for taller buildings, up to six stories, and additional green space. McDonald suggested staff study the R-3 and R-4 Districts to determine what type of land use surrounds these districts and bring the information to the next meeting. Brixius added that side yard setbacks increased when additional stories were added to the building height. Brixius noted that Section 4.086(1)(b) regarding the lot area per unit had changed for multiple family dwellings from 3,000 square feet per unit to 2,200 square feet per unit. The lot widths remained the same. Building height would be allowed to six stories or 72 feet in height, whichever is greater. Front and side yard Zoning Code Update Meeting Page 3 February 24, 2000 f .. setbacks increase for each additional 10 feet over 40 feet. Parking area was discussed at length. A ¢.; suggestion was made that staff revisit the density issue for this district. Section 4.09 - R-5, Senior and Physical Disability Residential Housing Brixius stated that the major changes for this district were under the permitted uses. Previously the physical disability housing was a conditional use, and had now been inserted into the permitted uses section with the same conditions. Accessory uses are generally consistent with the other districts, as well as the uses allowed by administrative permit. It was noted that all references to "handicapped" should be replaced with "disabled." A question was raised regarding the non-disability caretaker in §4.092(2)(b) and the consensus was that it should read non-disability unit, which would refer to a unit for the caretaker. The term "nursing home" would be changed under the conditional uses to an appropriate term. Section 4.095(3) deals with the conditional accessory uses, which allows for first- floor commercial uses to serve the residents. The "barber/beauty shop" reference had been changed to "personal services" and clinics was added. These accessory uses would be limited to the ground floor with no separate outside entrance and limited to staff and resident use. Clinics would be further defined in the definition section of the code. Discussion ensued on whether or not there should be some type of recreational facility included, such as pool tables, etc. or vending machines. Section 4.096 deals with the lot requirements, building heights, and setbacks which are consistent with current code. It was noted that staff parking was sometimes a problem at these facilities. Brixius added that the setback increased for buildings over 40 feet and in situations where the building would abut an R-1 or R-2 District. Section 4.10 - R-B, Residential Business District Brixius explained that the current code had an R-O, Residential-Office District, as well as a B-l, B-2, B-3, and B-4 Districts. There were very few B-1 and B-2 areas in the City. Staff was proposing to open up the R-B District to include a greater expanse of businesses and an opportunity for first floor commercial operation and upper floor apartments. This would fill a void with the B-1 or lower intensity uses. The size of permitted uses would be limited and only allow larger commercial facilities by CUP. The B-1 and B-2 Districts are being combined into a Limited Business District, which would eliminate one district entirely. The B-1 had such a limited range of uses that it was not practical and hard to administer. The B-3 and B-4 Districts are being combined, which would then leave only three commercial districts. The current B-3 District contained auto oriented uses and applies to several gas stations and one other auto oriented business. By combining these B-3 uses with the B-4 District, there would be a broader range of redevelopment opportunities and bring the potential for new businesses into the City. The site at the northwest quadrant of 36th/Winnetka Avenues was discussed as an example. Brixius reported that permitted uses §4.102 in the R~B District could contain multiple family, office, retail, service, personal and essential service businesses and the gross floor area of the building could not contain more than 4,000 square feet. The conditional use permit would allow the City to consider larger operations in this district. Permitted accessory uses §4.103 would be for commercial uses not exceeding 30 percent of the gross floor space of the principal building. Discussion ensued on the R-1 zoning of the Prudential building on Bass Lake Road/Highway 169 and how to make the use conforming. Brixius pointed out that §4.103(6) adult accessory use allows for adult merchandise, such as videos and magazines, to be sold as part of a retail establishment provided that it does not occupy more than 10 percent of the building floor space or more than 20 percent of the gross receipts. Currently the adult use is allowed in an R-O and all the commercial zoning districts. Section 4.104 deals with administrative permits. Outdoor sales of seasonal products and drive-through lanes were added to the administrative permit section, subject to conditions. §4.104(5)(a) reduced the size of the stacking lanes from 180 feet to 120 feet. This would be further reduced if multiple drive-through lanes were proposed. §4.104(6) deals with outdoor dining which was previously a conditional use permit and was moved to the administrative permit section, subject to conditions. Facilities over 4,000 square feet would be allowed by conditional use Zoning Code Update Meeting Page 4 February 24, 2000 permit §4.105. Parking for commercial or multiple dwellings was deleted as it was addressed elsewhere in the code. Section 4.105(2) dealing with restaurant, general or convenience, included in conditional uses, due to the fact that there would be more traffic and food preparation. Section 4.015(4) PUD for residential and commercial planned unit development allows for combined uses in this district. Senior housing would be allowed by conditional use permit §4.015(8) in the R-B District. Apartment density bonuses would be utilized within this District §4.105(9). The lot size, lot area per unit, and lot width requirements are the same as the R-4 District. It was noted that the setbacks for front yard setback on an arterial street should be changed to 30 feet and the side yard setback on an arterial street should be changed to 25 feet. Section 4.15- LB, Limited Business District Brixius explained that the LB District would be a combination of the current B-1 and B-2 Districts. The permitted uses include offices, restaurants, retail and service businesses, government buildings, and personal services. The current list of permitted uses was quite lengthy and the new list consolidated the uses into better defined categories. The permitted accessory uses are typically associated with commercial uses. The pinball machine section was deleted due to the fact that the machines are part of another commercial establishment, which would be regulated under the licensing provisions. The administrative uses allow outdoor sales of seasonal produce, drive-through lanes, and outdoor dining. The conditional uses allows for outdoor storage as an accessory use. The term "sales and display" should be deleted from §4.155(2)(a). Section 4.155(3) open or outdoor service, sale and display, for example, would pertain to a conditional use for a hardware store with a display of lawnmowers placed outside the facility. Lot size generally stayed the same, however, building height was increased from three stories to four stories or 48 feet. The front yard setback was reduced to allow front-forward buildings with parking on the side or at the rear of the building in an effort to establish a commercial streetscape. The minimum setback would be 20 feet on local and arterial streets, which would only apply to the LB and CB Districts. Section 4.16 - CB, Community Business District Brixius stated that this district was a combination of the existing B-3 and B-4 uses. There would be a full range of commercial uses, as well as specialty/training schools. Hospitality businesses was added to this district as a permitted use. The sale of propane or LP gas accessory to automobile service stations was added to the administratiVe uses section §4.164(5). One member interjected that the LP tanks are dangerous and could do massive damage in the event of an explosion. It was noted that the fire code regulates the tanks. The recreational business facilities square footage was increased from 5,000 square feet to 10,000 square feet in §4.165(2)(a) to allow greater latitude. Anything larger than 10,000 square feet would require a conditional use permit. It was noted that this section was related to an application several years ago for a pool hall at Midland Shopping Center. The proximity to residential, screening from residential, lighting, surfacing, and landscaping sections were deleted here due to the fact they were dealt with elsewhere in the code. Section 4.165(4) was the major change under conditional use permits. This would allow auto repair, both major and minor, and include engine work and body work. Previously major auto repair was only allowed in an Industrial District. It was noted that the distinction between the major and minor auto repair was based on safety reasons, for example welding and body spray painting are hazardous uses. Minimum lot area for these uses would be 22,000 square feet for minor auto and 30,000 square feet for major auto repair. Canopies were previously listed under accessory buildings and staff felt it would be more appropriate to place canopies in this section. Brixius noted that lighting on the canopies were regulated so that these uses would be compatible with other districts. Outdoor storage or sales would be allowed only with a conditional use permit. Section 4.165(5) deals with convenience store with gasoline, and take-out food was deleted from this section. Section 4.165(5)(b) sanitation should have the term "city sanitarian" deleted and replaced with Hennepin County. Hours of operation has been deleted in all sections of the code. Car wash surfacing Zoning Code Update Meeting Page 5 February 24, 2000 requirements §4.165(7)(c) was changed somewhat by deleting "material to control dust" to '."bituminous surfacing." Discussion ensued that there would be the potential for more auto dealers by adding automobile uses to this district. The provision for automobile service stations subordinate uses was deleted. Open and outdoor storage accessory §4.165(9) would be permitted by a conditional use permit. There would be no minimum lot area or width requirements in this district. Building height would be limited to four stories rather than three stories. The front setback would be 20 feet and interior side yard setback would be 10 feet. Brixius stated that all changes discussed would be made. The industrial and environmental districts would be discussed at the next meeting. The administration section may also be ready for the next meeting. McDonald added that the Planning Commission would be reviewing the balance of the general provisions in March. 4. Schedule Next Meeting The date for the next meeting was scheduled for March 16, 2000, at 5:00 p.m. 5. Adjournment The Zoning Code Update Committee meeting was adjourned at 7:00 p.m. Respectfully submitted, Pamela Sylvester, Recording Secretary Zoning Code Update Meeting Page 6 February 24, 2000 MEMORANDUM TO: Phil Kern FROM: Alan Brixius DATE: March 30, 2000 RE: New Hope - Zoning Ordinance FILE NO: 131.22 Attached please find the revised Zoning Ordinance text pertaining to the zoning districts and administration sections. This draft includes the Task Force comments from their February and March review. I have included the summary reports and support documentation from those meetings to be included in the Planning Commission packet. The following items still need attention by the Task Force: 1. Definitions section 2. I-1/I-2 analysis 3. Check the allowance of day care in apartment buildings 4. Analysis of the impact that the new R-B zoning district may have on the Prudential Building 5. Analysis of the impacts that increase building heights in the R-4, R-5 and R-B districts may have an adjoining lower density neighborhood. These issues will be examined at the next Task Force meeting as well as an examination of the final draft. pc: Steve Sondrall Kirk McDonald Doug Sandstad 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 612-595-9636 FAX 6 I 2-595-9837 E-MAIL NAC@WlNTERNET.COM N COMMUNITY PLANNING ' DESION MARKET RESEARCH MEMORANDUM TO: New Hope Zoning Task Force FROM: Alan Brixius DATE: 16 February 2000' RE: New Hope - Zoning Ordinance Revision: Zoning Districts FILE NO: 131.21 Attached please find the updated zoning districts for the Zoning Ordinance. In updating the districts, the following general changes were introduced. 1. Staff attempted to eliminate obsolete zoning districts. 2. The zoning districts were compartmentalized to be user friendly and offer easy reference. 3. Administrative permits were added to reduce the City's reliance on conditional use permits and to simplify processing of minor development applications. 4. The land use descriptions were grouped into general categories to reduce the list of uses (see Exhibit A). 5. Gradually increase the development densities through the hierarchy of residential districts. 6. R-1 District. a. Establish a 25 foot front yard setback. b. Establish lot size standards for non-residential land uses. 577..5 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5,5416 PHONE 612-595-9636 FAX 612-595-9837 E-MAIL NAG@ WlNTERNET.COM 7. R-2 District. a. Reduced the single family lot size to 8,400 square feet and 70 foot lot width. This is consistent with 5400 Winnetka block redevelopment concept (see Exhibit B). b. Reduce twinhome lot size to 6,000 square feet per unit (see Exhibit C). c. Reduce front yard setback to 25 feet. 8. Ro3 District. a. Reduced twin homes to 5,000 square feet to be consistent with townhome lot sizes. b. Vary setbacks by housing unit types. c. Increase density for multiple family units to 3,000 square feet per unit. 9. R-4 District. a. Eliminated churches and schools from the high density residential district. b. Increased density bonus in R-4 District. .. c. Reduced age of seniar housing occupants. d. Eliminate commercial recreation in the R-4 Zoning District. e. Increase density for multiple family density to 2,200 square feet per unit. f. Vary setback by housing type. g. Increase building height. 10. R-5 District. a. Make both senior housing and disabled housing as permitted use in the district. b. Expanded permitted accessory uses in the senior housing to include clinics. Expand commercial floor space from 2,000 to 3,000 square feet. c. Increase building height. 11. R-B District. a. Expanded the range of permitted uses to include commercial land uses. b. Add drive-through service lanes and outdoor dining as an administrative use. c. Change occupancy age of senior housing to 55 years. d. Increased density bonus. e. Increased multiple family density to 2,200 square feet per unit. f. Increased building height. g. Varied setbacks by land use type. 12. LB District. This district combines the current B-1 and B-2 Zoning Districts. a. Administrative permits include drive-through lanes, outdoor dining and outdoor sales of seasonal produce, b. The building height was increased. c. Reduced setback from street right-of-way. 13. CB District. This district combines the current B-3 and B-4 Zoning Districts. a. Permitted uses were expanded to include a 10,000 square foot commercial recreation business and training and specialty schools. b. Administrative permits include drive-through lanes, outdoor dining, and outdoor sales of seasonal produce, and sale of propane. c. Auto repair CUP includes both major and minor repair facilities. d. Increased building height. e. Reduced setbacks from street right-of-way. 14. I District. This district combines the current I-1 and I-2 Zoning Districts. a. Permitted uses are expanded to include training and specialty schools, appliance and furniture sales. b. Accessory uses were expanded to include eating establishments, open and outdoor storage up to 20 percent of the building size. c. Administrative permit includes outdoor sales of seasonal produce, limited retail sales, outdoor sales display, outdoor propane storage. d. Obsolete performance standards from the current I-1 District are being eliminated. e. Increase building height. 15. PUD District. This district was separated from the PUD process located in the administrative section of the Code. 16. Environmental Overlay Districts. These districts were not revised except to reflect changes in the base zoning district. This represents a brief summary of changes in the zoning districts. Staff will be prepared to discuss all the proposed changes in greater detail our February 24 Task Force meeting. pc: Kirk McDonald Doug Sandstad Phil Kern Steve Sondrall MEMORANDUM TO: Alan Brixius FROM: Daniel Licht DATE: 23 September 1999 RE: New Hope - Zoning Ordinance Update; Commercial Definitions FILE NO.: 131.22 The following are an initial draft definitions for broadly defining commercial uses that may be listed as permitted uses within specific zoning districts. The definitions have been structured under the heading of "commercial related" similar to the provisions for '- shoreland or other specific topic areas. Please review and see me to discuss this, approach further. Some general issues raised by this approach include: · Definitions of each individual use identified within the Ordinance will need to include a description of the generalized type of commercial use. · Make "drive-through facilities" associated with any use a distinct conditional use. · Must include specific uses such as cell towers, adult uses and day care. · Does distinguishing adult uses from other retail businesses discriminate? Commercial Use Related: Automobile Business (Major): An establishment providing maintenance or repair of automobiles such as engine rebuilding, body shops, paint shops and other uses with similar character. Automobile Business (Minor): An establishment providing goods or services related to automobiles such as excluding gasoline sales(?), car washes, repair businesses limited to minor engine repair, fluid changing, tire service and muffler repair and other uses of similar character, but not including uses defined as a Major Automobile Businesses or automobile sales. EXHIBIT A Hospitality Business: An establishment offering transient lodging accommodations on a daily rate to the general public, leasable event, meeting or conference facilities and exhibition halls or other uses of similar character. Office Business (General): An establishment located within a building or portion of a building for the conduct of business activities involving predominately professional administrative or clerical service operations including attorneys, financial advisors, planning consultants, insurance, travel and other uses of similar character. Office Business (Clinical): An establishment located within a building or portion of a building providing out-patient health services to patrons, including general medical clinics, mental health providers, chiropractor, dentists, orthodontia, oral surgeons, opticians and other uses of similar character. Recreational Business: Health club, bowling alley, cart track, golf course, billiard (pool) hall, dance hall, skating rinks, firearms range, boat rental, amusement rides, campgrounds, private parks, and uses of similar character. Restaurant (Convenience): An establishment that serves food in or on disposable or edible containers in individual servings for consumption on or off premises, including, drive-in restaurants, but not including drive through facilities. Restaurant (General): An establishment that serves food in individual portions to be consumed on site, but not including convenience restaurants. Retail Business: An establishment engaged in the display and sale of products produced off-site directly to consumers within a building or portion of a building, excluding any exterior display and sales. - MAY WANT TO DISTINGUISH NEIGHBORHOOD vs. BIG BOX BY SQUARE FOOTAGE. Service Business (off-site): A company that provides useful labor, maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer services, and other uses of similar character. Service Business (on-site): An establishment that provides useful labor, maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks(not including drive through facilities), copy centers, barbedbeauty salons, laundromats, dry cleaners, funeral homes and mortuaries, animal clinics, appliance repair, tailor shops, travel bureaus. J Concept A ~"'~ I ~L.-.J 1. Through-street Oesign concept. Variance requirecl for street right- COMMERCIAL of-way ancl pavement widths. REDEVELOPMENT 2. Remove Bauerhome and garage for access to internal local street. AREA 3. Retain home nort~ of Bauer I ~L~ property. 4. Reorient aJJ homes along Winnetka Ave. to Jn. ternal local street. 5. Lots east of the internal stzeet are mirror images of exJstmg lots on I the west side of the street. ~ 6. Variances from minimum lot size and width are required. The ~ J'~ smallest lot is 70'x120' or 8,400 square feet. This is 88 pement of the minimum lot size. ___ 7. A Zero Lot Line Development is shown in this concept to ~eate more useable yard space. ~_ ~j._..__.. _L~. 8, Front setback o! 25' requires a .. ~ variance. This setback allows a l[R/STORMI SEWER 55TH AVE. larger backyard and buffer to adjacent residential areas. 9. Concept A allows a staged redevelopment process because new lots align witr~ existing lots. ' ' ~ EXISTING STRUCTURES · N o __~o lOO FEET NC NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING DESIGN MARKET RESEARCI~. MEMORANDUM TO: Kirk McDonald FROM: Troy Hagen / Alan Brixius DATE: 3 February 1999 RE: New Hope - R-2 Study FILE NO: 131.00 - 98.04 BACKGROUND ', As part of the New Hope residential redevelopment efforts, the City has investigated reducing the lot area requirements for twinhome lots. The intent of this study was to: 1) expand the opportunities for using twinhome lots as a scattered housing redevelopment option; and 2) through increased density provide a greater financial return on the City's redevelopment investment. Through the evaluation of this zoning text amendment, concerns were expressed with regard to protecting existing single family neighborhoods from the intrusion of twinhomes. In response to these issues, the following elements were identified: 1. The lot width for twinhomes may be increased from the R-2 District standard of 75 feet to 80 feet. The increased width was seen as a means of accommodating the wider twinhome units, garages, driveways and providing appropriate setbacks from adjoining properties. After discussions with the Codes and Standards the lot width recommendation was increased further to 90 feet. 2. It was recognized that the introduction of twinhomes into a single family neighborhood would typically require a rezoning from R-1 to R-2. The rezonin9 would involve a public hearing and review process that would allow the City to determine the appropriateness of twinhome redevelopment on a site by site basis. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARt(, MINNESOTA 554 PHOf',~E 6 } 2-595-9636 FAX 612-595-9837 E-MAIL NAC Q WINT~ EXHIBIT At the Planning Commission meeting concerns were expressed that increasing the lot width would result in numerous existing twinhome lots becoming non-conforming. Tf'~''' non-conforming lot classification would change the use and expansion opportunities for these dwelling units. In response to this concern, residential data was collected that illustrates the implications of the proposed zoning changes (see Exhibits A and B). This information was not previously available to the Codes and Standards Committee or Planning Commission prior to their recommendation. ANALYSIS Lot Area Exhibit A ranks all of New Hope twinhome lots by base lot size. Under the current required lot size of 7,000 square feet per unit, 82 twinhome lots are non-conforming based on lot area. The proposed amendment to reduce the lot area per unit for twinhomes to 6,000 square feet will bring 44 existing non-conforming lots into compliance with the new City standard. In this respect, the reduced lot area per unit serves to expand the City's use of twinhomes as a scattered site redevelopment option and reduces the number of existing non, conforming twinhome lots within the City. Both of these features benefit the City's housing maintenance efforts. Lot Width Exhibit B ranks all of New Hope's twinhome lots by width. Under the current R-2 lot width standard of 75 feet, there are 26 nonconforming twinhome lots. Increasing the lot width to 80 feet would make 40 additional lots non-conforming and a lot width would result in 67 additional lots becoming non-conforming. While an increased lot width would serve to address some land use compatibility issues for new twinhome development, it would negatively impact existing twinhomes and would reduce the number of lots City-wide where scattered site twinhome development may Occur. In light of the new information, the City Council has three options to consider pertaining to twinhome lot standards. 1. Option 1. No Action. Leave the requirements for lot size and lot width as they exist at 7,000 square feet per unit and 75 feet, respectively. 2 2. Option 2. Follow the Planning Commission recommendation which would establish ~r .. the twinhome lot size at 6,000 square feet per unit and will increase lot width to 90 feet. 3. Option 3. Reduce the twinhome lot size to 6,000 square feet per unit and leave the lot width standard unchanged at 75 feet. RECOMMENDATION Based upon the new information made available to staff, staff recommends Option 3 based on the following: 1. Option 3 expands the opportunities to utilize twin homes as a scattered site redevelopment housing option within the City of New Hope. 2. Option 3 would reduce the number of non-conforming twinhome lots. 3. The appropriateness of a twinhome on any scattered site redevelopment property is determined on a site by site basis through the City's redevelopment efforts and the need for a rezoning to accommodate a twinhome. These features provide single family neighborhoods some protection and involvement in the decision'- making process. pc: Doug Sandstad Sue Henry Steve Sondrall 3 R-2/Double Bungalow Survey . SORTED BY LOT SIZE "Widths on pie shape lots are different at places on the property. Therefore. the lot width is listed below at several different portions of each property: at the street, at the minimum front-yard s.,ba,,k, and the average width for the lot. "Lot area = Average Depth * Average Width WIDTH WIDTH WIDTH AVERAGE APPROXIMATE ABDRESS (at street) (at building) (lot average) DEPTH LOT AREA 13564 Hil!sboro Court I 70 70 70 92 ,, 6440 ,2917 Flag Avet $0 80 80 95 7600 9155 36th Ave 84 84 84 92 7728 13588 Hillsboro Ave 84 84 84 92 7728. 12913 Flag Ave 90 90 90 95 8550 7900 Winnetka 90 90 90 10(:J' 9000 3568 Hillsbo~o Court 98 98 98 92 9016 7908 Winneika 86 86 85 110 9350 4109 Gettysburg 82 82 82 115 9430 3573-75 independence ,Ave 68 75 - 73 130 9490 .. 4117 Gettysburg 80 78 75 128 9600 3546-48 Independence Ave 75 75 75 130 9750 ' 3550-54 Independence Ave 75 75 75 130" 9750 3558-60 independence Ave 75 75 75 130 9750 9207-09 41st Ave 57 72 85 115 9775 56i4-18 Rhode Island Ave 75 75 75 134 10050 3567-69 Independence Ave 76 76 76 134 10184 3540-42 Independence Ave 80 90 85 120 10200 9421-23 Bass Creek Circle 80 80 80 128 10240 3561-63 Independe,nce Ave 75 75 75 '137 10275 3555-57 Independence ,Ave 75 75 75 140 10500 3549-51 independence Ave 75 75 75 143 10725 4808-09 Oregon 75 75 75 143 10725 3535-37 Hillsboro Ave 84 82 75 143 10725 9309-11 Bass Cr. eek Circle 97.5 97.5 97.5 t 110 10725 9431-33 Bass Creek Circle I 82 81 80 I 138 11040 9201-03 41st Ave 95 i 95 96 115 11040 9441-43 Bass Creek Circle 90 92 93 120 11160 3525-27 Hillsboro/~ve , , 100 9~ 78 145 11310 9411-15 Bass Creek Circle 46 70 95 120 11400 4105~08 Joidan 76 f 76 76 150 11400 9229-25 29th Ave t 80 I 90 90 128 11520 (3S9£,-11 Oregont 78 I 78 78 i 148 11544 !3317-19 oregon / 78 f 78 78 I 148 11544 i 3-325-27 Oregon/ 77 i 77 77 I 150 11550 :157-59 Jordan 70 73 80 I 146 11580 4173-75 Jordan 62 70 82 I 145 11890 4155-57 Jordan 80 81 82 I 146 11972 ,~!109-02 Jordan 75 10,'. 100I 120 ,,12000 '"~ ;3 0t-03 Oregon 75 t 75 I 75 I 1,30 12000 4161-63 Jordan 76 78 80 I 150 12000 3833-35 Oregon 78 78 78 I 155 12090 48 70 100 121 12100 9389-91 Bass Creek Circle 3543-45 Independence Ave 71 73 81 150 12150 t 4136-38 Jordan 100 100 85 143 12155 3973-75 Oregon 78 78 78 156 12168 3963-65 Oregon 78 78 78 159 12402 3515-17 Hillsboro Ave 72 80 102 122 12444 9213-15 41st Ave 75 75 75 166 12450 4800-01 Oregon 75 75 75 166 12450 ~841-43 Oregon 78 78 78 160 12480 4112-14 Jordan 96 98 96 130 12480 4149-51 Jordan 72 72 85 148 12580 4133-32 Jordan 92 90 88 144 12672 4124-26 Jordan 95 88 85 150 12750 4143-45 Jordan 59 68 80 160 12800 3849-51 Oregon 78 78 78 165 12870 3957-59 Oregon 78 78 78 165 12870 5827-29 Winnetka Ave 100 100 100 130 13000 -5833-35 Winnetka Ave · 100 100 100 130 13000 '5841-43 Winnetka Ave 100 100 100 130 13000 5~53-55 Winnetka Ave 101 101 101 130 13130 4179-81 Jordan 84 84 85 155 13175 39::)1-03 Oregon 78 78 78 169 13182 7817-19 45 1/2 Ave 100 100 100 133 13300 7&15-18 45th Ave 100 100 100 133 13300 9220-24 29th Ave 70 82 96 140 13440 5801-03 Winnetka Ave 91 91 91 148 13468 5805-07 Winnetka Ave 91 91 91 148 13468 ;5809-11 Winnetka Ave 91 91 91 148 13468 3949-51 Oregon 78 78 78 173 13494 .... ,o. 314-21 Bass Creek Circle 51 70 99 137 13563 3909-11 Oregon 78 78 78 174 13572 2853-57 Flag Ave 84 84 84 I 165 13860 5B.30 Boone Ave 110 110 110/ 126 13860 ~118-20 Jordan 78 102 102 135 13872 3:~17-19 Oregon 78 78 I 78 178 13884 9213-17 30th Ave 82 82I 82 170 13940 9201-05 30th Ave 82 82 I 82 170 13940 9i25-29 30th Ave 82 82 t 82 170 13940 19113-17 30thAve 82 82I, 82 170 13940 __ ~,,~,,~,~-u,~ Hillsboro Ave 137 137 137 I 102 13974 i9135-37 36th Ave,:...:.'-: 112 112 112 - .125.. 14000: t91,',5-4736thAve':.-. . 112 112 112'. -...125 fl4000:- __ ~'2931-05FlagAveV-'-. , .85 85 85' I '..165. 14025' 284i-45 Flag'Ave., .,;. 85 85 -85 165 .14025. 2829-33 Flag'A. ve,,::;.:!~:: 85 . 85 . ,-.85 -: ...7:.165-... 14025, . __ .9232-36 29th'Ave'.?-.~'...;;...'. . . '.102 :. .: .:.102 , . -.-102 . ,:. · , .--138.: -14076 ..'. __ 9137-4130thA~)e':'?"..':' 83 - -'I 83 -83 . ::'.: .170 14110' .~__ 3941-43 Oregon 78 78 78 181 14118 ,,"' 8201-03 28[h Ave 120 120 120 118 141'5_ 4033-35 Jordan 80 92 100 142 14200 3925-27 Oregon 78 78 -78 183 14274 8101-03 28th Ave 120 120 120 119 14280 8109-11 28th Ave 120 120 120 119 14280 2816-20 Hillsboro Ave 137 137 137 I 105 14385 7909-11 28~h Ave 120 120 120 120 1440.,3 7917-19 28th Ave 120 120 120 120 14400 8001-05 28th Ave 120 120 120 '~ 120 14400 8009-11 28thAve 120 120 120 t 120 14400 .: 3537-39 Independence Ave 78 78 78t 185 14430 3933-35 Oregon 78 78 78 185 14430 · 2517-21 FLag Ave 84 84 84 173 14532 _ .,- 9349-55 Bass Creek Circle 75 75 75 195 ,, 14625 9401-03 Bass Creek Circle 47 70 110 136 14960 9359-61 Bass Creek Circle 75 75 75 200 15000 3576-80 Hillsboro Ave 90 90 90 168 15120 9339-41 Bass Creek Circle 71 75 80 191 15280 - ~:.:- 5530-5532 Nevada Ave 128 128 128 120 15360 ' 4025-27 Jordan 80 90 105 148 15540 --,". 4137-39 Jordan 59 75 90 173 15570, '¥..:' 3579-81 Independence Ave 65 95 120 1'32 15840 ,..s.,:,.' :-: 920'1-05 29th Ave 51 76 120 135 16200 :~':. ':.' 6073-81 Louisiana Ave 100 99 98 166 16268 .r- i?~ .,. 9213-17 29th Ave 60 72 88 187 16456 ,'!X 4017-19 Jordan 85 85 86 192 16512 4601-4609 Xylon Ave 83 83 83 200 · 16600 4107-09 Jordan 75 . 75 75 235 · · 17625 .-::t:'~:,'.":: 7901-09 51 st Avenue 128 128 128 150 19200 4113-15 Jordan. 75 75 75 260 19500 ~:-.::.::: ', i9369-71 Bass Creek Circle 61 70 95 ' 210 19950':¢¢¢"/' ,' 101-03 Jordan 64 74 88 230 20240 !5Si'3 Winnetka Ave 165 165 165 125 20625' I~329-31 Bass Creek Circle t 49 68 110 I 190 20900 -:'. ?;901-03 Jordan ! 156 156 156I 135 21060 "" '"l 14131-33 Jordan I 59 75 90 240 21500 ' j i2930 Winnetka Ave t 140 140 140 155 21700 . ..,..~. 1'400-3-11 Jordan 70 90 110 240 26400 · I--' i i,9-23 Jordan 75 75 75 354 27300 .:' !2~,12 Hillsboro19225 30th Ave 170 170 170 [ 172 I 29240 -:" ,;.379-$1 Bass Creek Circle I 46 65 140I 210 I 29400 .-- 125-29 Jordan I 68 72 90 i 400 [ 35000 .... .:.. .... -:l'73-75.Get~ysburg ! 75 75 75 I 492 i 3'5900 -. . -::s':.-ss Oe: sb,,rg I 75 75 75 j 492 ! 5'7~'30 R-21Double Bungalow Survey_ - SORTED BY LOT WIDTH "Widths on pie shape lots are different at places on the property. Therefore, the lot width is hsted below a', several different portions of each property: at the street., at the minimum front-yard setback, and the average width for the lot. "Lot area = Average Depth ' Average W~dth WIDTH WIDTH WIDTH .. AVERAGE APPROXIMATE ADDRESS (at street) (at building) (lot average) DEPTH LOT AREA 9411-15 Bass Creek Circle 46 70 95 120 11400 9379-81 Bass Creek Circle 46 65 140 210 29400 9401-03 Bass Creek Circle 47 70 110 136 14960 9389-91 Bass Creek Circle 48 70 100 121 12100 9329-31 Bass Creek Circle 49 68 110 190 20900 9314-21 Bass Creek Circle 51 70 99 137 13563 9201-05 29th Ave 51 76 120 135 16200 9207-09 41st Ave 57 ,72 85 115 9775 ... 4143-45 Jordan 59 68 80 160 12800 4137-39 Jordan 59 75 90 173 155¢0 4131-33 Jordan 59 75 90 240 21600 9213-17 29th Ave 60 72 88 187 16456 9369-71 Bass Creek Circle 61 70 95 210 19950 4173-75 Jordan 62 70 82 145 11890 4101-03 Jordan · 64 74 88 230 20240 - 3579-81 Independence Ave 65 95 120 132 15840 3573-75 Independence Ave 68 75 73 130 9490 4125-29 Jordan 68 72 90 400 36000 3564 Hitlsboro Court 70 70 70 92 6440 4167-69 Jordan 70 73 80 146 11680 9220-24 29th Ave 70 82 96 140 13440 4009-11 Jordan 70 90 110 240 26400 I 3543-45 Independence Ave 71 73 81 150 12150 ~ 9339-41 Bass Creek Circle 71 75 80 191 15280 I 3515-17 Hillsboro Ave 72 80 102 122 12444 i 4149-51 Jordan 72 72 85 148 12,.580 ; 354,-3-48 Independence Ave 75 75 75 130 i 9750 13550-54 Independence Ave 75 i 75 75 I 130 i 9750 3555-50 Independence Ave 75 75 75 ' i30 9750 5514-18 Rhode Island Ave 75 75 75 134 10050 3561-63 Independence Ave 75 75 75 137 10275 3555-57 Independence Ave 75 75 75 t40 10500 FXt41t:~I 4109 Gettysburg 82 82 82 115 ,..,3_- , 9431-33 Bass Creek C,rcle 82 81 8?, i 138 I 1104i' 9213-17 30th Ave 82 82 82 I 170 I ~.3943 9201o05 30th Ave 82 82 82 I 170I 1394.3 9125-29 30th Ave 82 82 82 I 170 t 13943 9113-17 30th Ave 82 82 82 I 170 ! 13@4:. 9137-41 30th Ave 83 83 83 I 170 I 14110 4601-4.309 Xylon Ave 83 83 I 83 I 200 ! 1660,3 9155 36th Ave 84 84 I 84 ! 92 772-~ 3588 Hillsboro Ave 84 84 I 84 I 92 772S 3535-37 Hillsboro Ave 84 82 I 75 i 143 10725 4179-81 Jordan 84 84 t 85 t 155 13175 2853-57 Flag Ave 84 84 84I 165 13860 2817-21 Flag Ave 84 8z 84 173 14532 2901-05 Flag Ave 85 85 85 165 14025 2841-45 Flag Ave 85 85 85 165 14025 2829-33 Flag Ave 85 £5 85 165 14025 4017-19 Jordan 85 85 88 192 16512 7908 Winnetka 86 86 85 110 9350 2913 Flag Ave. 90 90 90 '95 8550..'.'-',E':'.? ..~..~:: · 7900 Winnetka .' 90 90 90 :.. . 100 9000 ~.. 9441-43 Bass Creek Circle 90 92. ,. 93 "120 ' 11160.?';?"- 3576-80 Hillsboro A~e :' -. : 90 . ' 90 ."- :; ' ' ..':-.90..1' ".':.d68 15120.:~,,-:?.-'.' 5801-03 Winnetka'Ave. ' ' .... 91 "' ' 91 ' .. ' 91'-" .. '148 13468 r,.,..,... 5805-07 Winnetka'Ave:'" · 91 · 91 ..'91 . ':'::148 13468..~,'.-.::.!.: .... :~:.. 5809-11 Winnetka A~;e ' 91 91 91 ' ~.":.148 13468 4130-32 Jordan 92. 90 88. -:'144 1 4124-26 Jordan .. · 95 88 - . 85. ..!.150 127507~,.::*' 9201-0341stAve" ,..' :" ·..96 . 96 ' ,.96 · ';-'~115 11040'~'.~7'&'~E" · , ...... ~.~.~. 4112-14 ~Jordan .,'".: 96 96 · · '.'. ,96: ': -'?.~130 12480,,~r.,~... 4041-43 Jordan '" 96 99 100 . -d 7o 17000 ?:;:." 9309-11 Bass Creek Circle 97.5 I 97.5 97.5 110 10725'*'';''. ..:,,-.: , 3558 Hillsboro Court 98 I 98 98 92 9016 3525-27 Hillsboro Ave 100 94 78 145 11310 4138-38 Jordan 100 ! 100 85 I 143 12155':--'., 5827-29 Winnetka Ave 103 I 100 100 130 13000 '. 5833-35 Winnetka Ave 100 i 100 100 130 13000 .4' 5S41-43 Winnetka Ave 103 t 100 100 I 130 13000 :.' 17517-19 45 112 Ave 10,3 I 100 100 133 I 13300._'.'.' _ 7816-18 45th Ave 10,3 I 100 100 I 133 6073-8t Louisiana Ave 100 t 99 98 i 166 16268 ,' ' 5,%3-55 W,nnetkaAve 101 101 101 t 130 I 13130 "~ 9232-36 29th'Av~ ~: -':'~:::' .' ,i' ..' ,102 ~ .. 102 "102 138 14076 ::...~'~ 5800B0oneAveV '" ' '~"110 : 110 " 110 126 9135-3735thAve " · :'-:-.:.112".'' '112 ':: 112 125 140L,~ 9145-47 36th Ave~...'":,.?':.: .:._. 112-..',,:... --.. .112 .'. - ..112- 125 14000~..'-'.-., 8117-19 28th Ave:,.';::'?---::'.-':.- -.'.'.,.:'~120 :'.::. ;':. ::.:120. -' · .~:. 120 ' '. 118 14160..'..:,".. 8201-0328th:A~ve ..;'~?:.'- ""'="i20 ":': ~-' ..-'J2~) ~'-'-'.' .,'?-"120 ~ I. 118 14160. 8101-0328t~',~,~,e.,.--:;.:.'."::-~;,~!-i' '.i~.?'.-120 ~?.--?~'-. !:-; '~2'0'::';'-": :'.-: :,i20' ¢. 119 142~0 :"" 8109,.11 28t'h'Ave".-'"-,"i."'.'. ~' .".7.120 '~',..;'.. ' ':':'~120::'.'.~. .'-"~120 "-' 119 1428'0~i.;..' 7909-;11 28th-Ave'!~. '-::-: .';::'. :'. 120 :-'. "" ': ' .?'.'120' ::' '.': ~: ..'.r.-..'.420 ' .120 14400 .,~ 7917:19 28th'AVe ?-. :i-..,": ~ :"' 120 ' · ~' -' 120'" .., 120 120 14400.:i-.'.:~;: 8001-05 28th"Ave'-:.: ;.";. . : '120 '" .'... ' 120 .' ~. .';..' '."120 120 .14400 ""-,~,:,.-.'"" 8009-11 28th Ave': .:- '...' '. '120':.." 120 '120 120 1440~ '.'~',¥ 5530-5532 ~levada Ave · . 128 128 ' · 128 ' " 120 153607.~-~. 7901;09 51s't Avenue'. -i 128 :. .. 128 .': .' .":128 '-:' '150 ' "1 2900-04 Hillsbo~'o'A~e :..-.,. ::'" ' 137'-7:-. :.. ';¥'137.' ' :"-:i · ':-~137 ;.: ':] 102 13974 :i.!£;i:. 2816-20 HiJlsb0r0Ave"!:..",; ..... '- · :_.,.' 137.:?,-.-'-., ":~:' .137.' .~::' .i~.,?,:~137 "-:..'.-: 105..... 1438'5'.,;~:~,~,:- 2900 Winnetk~i'Ave':'..'... ... ... :..140 .',.,... ... .140 -.'.~ :.-.:'..140 . . 155 2170'0'~?.¢~"'~:''' 4001.03 J'ordan;'.'!:.,...'~ ,: ....:'., .:..156 ,: -..: .:'.._. 156 .' ;-~.....156 .-:~ 135 5813Winnetl~a"Ave'.;.' -' - 16'5 '.:" ·-' '165 "-" - . 165 ' '125 20625 2912 Hillsboro/9225 30th Ave ". 170 ;..170 170 172 29240','~.';?~-:. 3549-51 Independence Ave 75 75 I 75 143 10725 · 4808-09 Oregon 75 75 75 143 1077~,,,,,. , ,4100-02 Jordan i 75 100 100 120 12uL,~ 3801-03 Oregon 75 I 75 75 160 12000 9213-15 41st Ave 75 75 75 165 12450 4800-01 Oregon 75 75 75 186 12450 9349-55 Bass Creek Circle 75 75 75 195 14525 9359-61 Bass Creek Circle 75 75 75 200 15000 4107-09 Jordan 75 75 75 235 17625 ~113-15 Jordan 75 75 75 260 19500 4119-23 Jordan 75 75 75 364 27300 4373-75 Gettysburg 75 75 75 492 36900 4083-85 Gett. ysburg 75 75 75 492 36900 i 3587-69 Independence Ave 76 76 76 134 10184 4105-08 Jordan 76 76 76 150 11400 4161-63 Jordan 76 78 80 150 12000 3825-27 Oregon 77 77 77 150 11550 3809-11 Oregon 78 78 78 148 11544 ,. 3817-19 Oregon 78 78 78 148 11544 3833-35 Oregon 78 78 78 155 1209'0 3973-75 Oregon 78 78 78 156 12168 3963-65 Oregon 78 78 78 159 12402 3841-43 Oregon 78 78 78 150 12480 3849-51 Oregon 78 78 78 165 12870 ....... 3957-59 Oregon 78 78 78 165 12870 3901-03 Oregon 78 78 78 159 13182 3949-51 Oregon 78 78 78 173 13494 3909-11 Oregon 78 78 78 174 13572 4118-20 Jordan 78 102 102 136 13872 3917-19 Oregon 78.. 78 78 178 13884 ..... 3941-43 Oregon 78 78 78 181 14118 13925-27 Oregon 78 78 78 183 I 14274 3537-39 independence Ave 78 78 78 185 14430 3933-35 Oregon 78 78 78 185 14430 2917 Flag Ave 80 80 80 95 7600 -.117 Gettysburg 80 78 75 128 9600 35~0-42 Independence Ave 80 90 85 120 10200 I-3.-:'2~-23 Bass Creek Circle 80 80 80 128 10240 I722~,-25 29th Ave 80 90 90 128 11520 ~ ~, 5. 5-57 Jordan 80 81 82 i46 11972 ~' 333-35 Jordan 80 92 100 142 14200 4025-27 Jordan 80 90 105 148 15540 4.05 R-l, SINGLE FAMILY RESIDENTIAL DISTRICT 4.051 P0rpose. The purpose of the R-1 Single Family District is to provide for low density single family detached residential dwelling units and directly related, accessory and complementary uses. 4.052 Permitted Uses, R-1. The following are permitted uses in an R-1 District: 4.052 (1) Single family detached dwellings. 4.052 (2) Boarding (house) Home - Foster Children. Subject to applicable County and State liCensing requirements. 4.052 (3) Day Care In Home. Subject to applicable County and State licensing requirements, 4.052 (4) Public Parks and Playgrounds. 4.052 (5) Essential Services. (See Definition) 4.052 (6) Group Home, Single Family. ............................. (Ord. 84-3) 4.-052 (~ ............ '---' .......................... ' ---'--' ........ dlll, IGllllgg3 111 L, UIIIUIIIIgIIIk, IG Wll,ll ~r.~JOy].~' UI I,Ill5 ~.ULIliG. ............................. (Oid. 97-4) 4.053 Accessory. Uses, R-1. The following are permitted accessory uses in an R-1 District: 4.053 (1) Auto Parking. Private garages and parking spaces and~rarpm~ for licensed and operable passenger cars and trucks not to exceed a gross weight of twelve thousand pounds, as regulated by Section 4.035 (Off-Street Parking) of this Code.~-~¥at~*'--' ..... garage space cai: .~.~ to ,,u.-~c~,u~,,~ of ~,,c p~op~ay fo/piivate passenger 4.053 (2) Recreational Vehicles and Equkvment. S~g~:~:~!::::~:~:::~tion i03 (9)Co):of 4.053 (3) Non-commercial Greenhouses and Conservatories. 4.05-1 4.053 (4) Recreational Facilities. Swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. 4.053 (5) ~llilgga.q. ll~. Tool house, shed and/or similar building for storage of domestic supplies and non-commercial recreational equipment. 4.053 (6) Boarding Rooms. Boarding or renting of rooms to not more than one person. .......................... (Code 072684) 4.053 (7) Accossory Antennas. Accessory antennas in conformance with Section 4.032(6)(h) of this Code. ............................. (Ord. 97-4) perm': :itted home occupations ~S~Oa:.::~i:03701 of ~hisl structures necessary for community, provided thati 4.05-2 4.055 Conditional Uses, R-1. The following are conditional uses in an R-1 District. (Requires conditional use permit based upon procedures set forth in and regulated by Sections ~i~iiiii~i~$i~ 4.20 and sci~iihig as i-egulated ,,, o~,~,, ~.~,_,.,~ the 4.055 (1) Public, Educational and Reli~ous Buildings. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues provided that: 4.055(1) (a) Side Yards. Side yards shall be double that required for the district, but no greater than thirty feet. ~.1..;] 1- I I · /I~.UI~LI4.LC' UII-~.LI~...-,I~L IUtlUIII,!~ a]JU ;)[;1 4.055 (2) Recreational. Commercial outdoor recreational areas including golf courses and club house country clubs, swimming pools and similar facilities provided that: 4.055(2) (a) Outdoor. The principal use, function or activity is open, outdoor in character. 4.055(2) (b) Limited Structures. Not more than five percent of the land area of the site be covered by buildings or structures. iii .'-'u.~. Th~uuJu~---: ai-~,a vz tn* IJ~uIJ~tty COil iig ~u~.n iiS¢ Ctk, tlVltyIll.t3 LIIU JJllllllllUlll ~3L~tUU3IJ~4.1IU[ tllg~; UI3LILSL, 4.05-3 4.055 (4) PUD, Residenti~. Residenfi~ p~ uffit development as re~lat~ by S~tion 4.36 of tbs Code. 4.055 (~ Cemeteries. Cemeteries ph~ ~er July 5, 1979, provid~ that: 4.055(5) (a) Ph~g R~flk~. ~e cemete~ must be pla~ under the PlaR~g Code of the City. 4.055(5) ~) ~ea. ~e ove~ site does not con~ more than twenty-five ac~s. 4.055(5) (e) Access. ~e site accesses on a m~or or p~cip~ ~efi~ o~y. 4.055(5) (d) Comprehensive Plan. ~e app~c~t has appli~ for a comprehensive pl~ mendment ~d s~d mendment has ~n pmssfl ~d approv~ in accor~ce with app~cable state s~mtes. ........................... (Code 072684) 4.055 (~ Day Care Fac~ty. A state ~cens~ hc~ty, se~g t~n or more p~ple, provid~ that: 4.055(6) (a) Ac~sso~ Use. ~e ~y ~e hc~ty is an accesso~ use of a build~g us~ for ~ucation~ or re~gious pu~oses as ~mu~ by ~d ~ ~mp~ wi~ s~tion 4.055(1) of t~s Code. uJ ~UI ].l I I I I 11. Illl~ ltiL, Illtl~3 U~J~Jld. tlll~ IIUtAI3 til~,.~ IIIIIIL~--~ LUlll~ IJ~llUt. l UIU.JU ti.Ill. LU U.JU [J.lll. 4.055(6) (b) Front Yard Set-Back. The front yard setback is a minimum of thirty, (30) feet. 56<6 . 1 ' provided .................. 4;05s(6) [~5/ Ii- I i . /'mxU~l.ltitU UII-~tI~I;3L IUtiUllI~ ({.IIU 3UI V I~ .......... plla ................... ~IILIIZUILA~2} ~ii-~ I-/IU¥1U~..AJ Iii ¢Oiii iiC~ WlLii O~..A~LIUIi ~I'.UJ I UI 4.05-4 4.055(6) (c) Outdoor Play Area. Outdoor play areas are landscaped and screened from abutting residential properties in compliance with Section 4.034(3) of this Code. 4.055(6) (d) SY.m~t_~c,~. The site and related parking and service is served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. ~,1] ~.~!~. ~ .~I~IUII~ tlllU IIUUIIIItiUUII UI ¥1~UlII k, UllllllUlllk,tlllUll 4.055(6) (e) State Regulations. The regulations and conditions of Minn. Rules Parts 9545.0510 through 9545.0678 as adopted and amended are satisfactorily met. No facility shall begin operation without a State license, as reqiiired by ~h¢ 4.055(6) (f) Building and Fire Codes. That all applicable provisions of the Minnesota State Building Code and Fire Code have been met. That the City Building Official and Fire Department shall inspect the property prior to the issuance of the conditional use permit to determine if this subsection of this Code has been complied with. ........................ (0rd. 85-7) [l] 11 11 I I Il 11 . .LVJ. J~tlII~YI~I~ OL~LG UIIJJUIIII DURU~U.I~ 4.05-5 4.05-6 4.06 R-2, SINI~LE AND TWO FAMILY RESIDENTIAL DISTRICT 4.061 Pu ~rpose. The purpose of the R-2 Single and Two Family Residential District is to provide for low density single family detached residential dwelling units and directly related, accessory and complementary uses. 4.062 permitted Uses, R-2. The following are permitted uses in an R-2 District: District. ~i~Z',ii~ Gro~ HOmei:: single F~!I~i 4.-062 '°' ........ ' "':--' ....... : ..................... ' ---' ........... '-- ~l. lILg~llllgX3 Ill ~,UIII~kJIIIlgXIIg.,G WILII ~l',~Jd~L~ [Jl LIIJ. 3 4.063 Accessory. Uses, R-2. The following are permitted accessory uses in an R-2 District: licensed and operable 4.06-1 ~unitY, provided that: Compatibility surrounding setbacks and a permanent 4.065 Conditional Uses, R-2. The following are conditional uses in an R-2 District. (Requires conditional use permit based upon procedures set forth in and regulated by Sectionsiiii~i~0~; ~i33, 4.20 and sc~eerdiig as rcg-alated ~' ...... -'-- ~ ~'~' the 4.06-2 Only~ been proces~ 'ari~ i ~~!-i~!ii~~ei~i~h?:ap~!iC~ble state! stamtesi: 4.06-3 ~5) o .......... ~ ~ ......... ~-- ~--'~-- ope ath~g ....... ~lllt~ [0 [11~ pUIIUU UI U.JU ~.F~I. tU U.JU p.iii. m~ ~ } ~}}~ ::~ ~ }~:::~:~~::' :.... : ~.: :.:.:.:.:....:.:.:.~:. :.:. :.:.:<.:.:.:.:.:.:,. _ ... ~ ~::...:.z.:.:.:...:.:.:.:.:~: :::~ ~::} .::: .::~. :: :: .~ ~~ ¢o~~ ...... ~ ~ ~: ~::~}~ ~:.::}~?:~::~[~B ~s~o ": ...................... ' ..................................................... ' ~' ::~.'~ .:}::~s ..... 4.06-4 4.06-5 4.07 R-3, M-RDIUM DENSITY RESIDENTIAL DISTRICT 4~071 Purpose. The purpose of the R-3 Medium Density Residential District is to provide for medium density housing in townhouses and multiple family structures and directly related complementary uses. 4.072 Permitted Uses, R-3. The following are permitted uses in an R-3 District: 4.072 (1) TWO Family\Multiple Family. Two family and multiple family dwelling structures containing twelve or less dwelling units. ............................ (Ord. 96-25) 4.072 (2) Boarding Houses. Boarding houses limited to not more than ten resident persons. 4.072 (4) Day Care In Home. A ~[..,.~.,~-.~ ,,~,~,,,[j ~.v,,,~ [,~[~,, ~, 31AL~,.AGII l.J~..,13113113 · ......................... (Ord. 84-3, 85-2) 4.072 (5) Public Parks and Playgrounds. 4.072 (6) Essential Services. (See def'mition). ............................. (Ord. 84-3) 4.072 (7) ................. 4.073 Accessory. Uses, R-3. The following are permitted accessory uses in an R-3 District: ~tici~g) of this C~; 4.07-1 structures neces~ for community, provided that: setbacks and side a permanent 4.075 Conditional Uses, R-3. The following are conditional uses in an R-3 District (Requires a conditional use permit based upon procedures set forth in and regulated by Sections ~i~::i~i::~:~i33, 4.20 and :"::': "":':':':':" ================================== I n,',l~' · A ~O3::~t~s~¢otte~-~.~,.,,, Parking;-,.,.,,,,, 4.07-2 4.075 (3) Day Care. A state licensed facility, serving seventeen or more persons, provided that: ~11 · 11 . 1115 ll[Jllg ylll[l i~ ~ IIIIIIIIIIUlII UI 4.075(3) (a) Street Access. The site and related parking and service is served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. 4.075(3) lb) State Re~lations. The regulations and conditions of Minn. Rules Part 9545.0510 through 9545.0670 are satisfactorily met. No facility shall begin operation without a State cense as ,~qu,,~ uy .,~ IU[UlaU~Jllb IUIUIIUAJ tU Ill tlli~ 4.07-3 4.075(3) (c) Building and Fire Code. That all applicable provisions of the Minnesota State Building Code and Fire Code have been met. That the City Building Official and Fire Department shall inspect the property prior to the issuance of the conditional use permit to determine if this subsection of this Code has been complied with. 3tlLl31t'lL, tUIHy~,~UIII~JIDI.IG~.I IXI. IU lIIUt. 4.075 (4) Group Care Facility. A state licensed facility serving seven to sixteen persons provided that the following conditions are met for the protection of the residents of the facility: 4.075(4) (a) The facility is licensed by the State of Minnesota and the operator of the facility provides documentation of compliance with all applicable Federal, State, Metropolitan and County regulations. 4.075(4) (b) The facility is in compliance with and is maintained in accordance with the Minnesota State Fire Code and Uniform Building Code. 4.-0-750) ....... " .... :'-- ' ......... ': ....... '- .... " ......... : 4.075(4) (c) The facility is not locat~l within one thousand three hundred twenty (1,320) feet of any similar type use or care facility. 4.075(4) (d) The entrance of the facility is located within four hundred (400) feet of a public transit route and stop, and pedestrian access is available, or the operators provide a transportation/access plan which is found acceptable by the City Council. 4.075(4) (e) The operation is subject to a,~i~,al rcvlew and monitoring by the Depai~iiieii~ u~ ~.~ aad ...... and is found to be in compliance with all applicable construction and operation regulations and standards. ....................... (Ord. are coiislder~d -- ~ found .......... ~' ~tllltl Lq IJg> 3atl~ltl~ttJlll~/lll~t. 4.07-4 4.07-5 4.07-6 4.08 R-4, HIGH DENSITY RESIDENIlAL DISTRICT 4.081 Purpose. The purpose of the R-4 High Density Residential District is to provide for high density residential uses, and directly related uses. 4.082 Permitted Uses, R-4. The following are permitted uses in an R-4 District: ~,d,t] I I I 11 11 I 111 I I' D I . [~1] 1¥/ I · I F 11111 L/ I1111 . 4.083 Accessory. Uses Permitted, R-4. The following are permitted accessory uses in an R-4 District: alluwcu iii ali "R-3" DiS[iiCi. ~!~83ii~2) OffrStreet :Loading~ 4.08-1 ~om~unity, pro~ided ttiaf~ ~i~0~(5) ~) Equipment EnCtoS~;:~ ?/~:~~iiiiii~:~Ptete!~ enclO~d i a permanent 4.085 Conditional Uses, R-4. The following are conditional uses in an "R-4" District: (Requires a conditional use permit based upon procedures set forth in and regulated by Secfionsi~i3~; ~33, 4.20 ~, $~0~iiiiliiiii~ 6fais Code,,,,,.,----' coaipliance ...... ,~,,. Chapter 4.08-2 s~s~auun~ uuuum~ ~u n~s~nuu, nuuu jumux ,u~,, aid~vmu~ ...... '- hoo s; mb,, SC I aid ................................ ~ ........ ~ .. ::. ..i,. i....,., ............ ~i~-i...~s..::::....s ucense; c~ ~S~n comp~.~t~~ 4.085 (3) Nursing Home~ ~ng Tem~Fae~. ~ ~ng Tern: Care Facility, but not Nclud~g hospi~s, or similar institutions, provid~ that: 4.085(3) (a) Side Yards. Double. Side yards ~e double the mi~um ~u~ments esmb~sh~ for ~s District ~d ~e scr~ned in compliance with S~tion 4.034 (3) of tNs Code. 4.085(3) ~) R~ Yard Requirements. O~y the re~ yard shall be used fo~ ~fio~ ~. S~d arm sha~ be fenc~ and controll~ and scr~n~ N comp~ce with Section 4.034 (3). 4.08-3 4.085(3) (c) Street Access. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. 4.085(3) (d) Permits and State Laws. All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. 4.085 (4) Apartment Density. Bonus. Except l,,l ~' .... ~l,~.y'-' '~: ......... p~i'Ceiit ---J--':-- '-- square ~' UI LWGIIL,y I~i.&ILIL, LIA./II 111 1~--.4;~1. UI lug ggl~...~ 1./[71 UIIJ. L IUI ....... bonus and ........ ~_ _~ ~_ _1__ _~' _ __ '"" ........... :":":':" :':':':':':':':':' =======================================================================================================================: :": Bonus Feature Square Foot Reduction Per Unit ~) Underground Paring. 150 ~ square f~t ~ng is Under~ound 6~ Wi~ the: pfi~ip~ structure (not including a~ch~ or de~ch~ garages). (c) R~reation, Indoor. ~ l~.square f~t Indoor r~reation and sociM rooms ~ual to i ~um of twenty-five square f~t per unit or seven hundr~ flay square feet to~l, whichever is grmter. 4.08-4 Bonus Feature Square Foot Reduction Per Unit (d) Recreation, Outdoor. -20 ~i~ square feet Outdoor recreational facilities such as swimming pools, tennis courts or similar facilities requiring a substantial investment equaling at minimum five percent of the construction cost of the principal structure. (e) Public Transit. Transit 50 ~!~i}isquare feet service available within three hundred feet of entrance. 4.085 (5) Etdefl~. S~i~:!Housing. Eqderl3r ~ Citizen housing pa'oxrided provid~ that: 4.085(5) (a) Age L~it. ~nut t,,~, fl~i m,, ~,~,,t ~t u,, occap~its iiiay 4.085(5) (b) Public Transit. ~e site of the m~n entrance of the p~cip~ use is (5~) f~t of regular tmsit se~ice. CiU¢LLy LIUUSLII[ ~Id55HL~LIUII~ LIIU UWII~I UI ~[~11~ 311dil 4.08-5 4.085(5) (c) F~evatom. Elevator service is provided to each floor level. 4.085 (6) Group Care Facility. A state licensed facility serving (-t-7-) seven (7) or more persons. 4.08-6 4.08-7 Front: Arterial Rear or community ~ feet ~0 4.08-8 4.08-9 4.09 R-5, SENIOR ~ AND PHYSICAL DISABILITY RESIDENTIAL HOUSING 4.091 Pu~ose. The purpose of the R-5 Senior Eitizen and Physically H~adi~api:~ ~~iliCitizen Residential Housing District is to provide areas within the City which are particularly suitable as to location and amenities for etderby ~ and physically ~(~ii~housing, and to limit the development of such districts to this type of residential construction, and directly related complementary uses. ............................ (Code 072684, Ord. 88-19) COdc::Pmvid~ :t~t: 4.09-1 ~offimunitY;' pro¥ided ma~i 4.09-2 ~~;~:~..,?.:..:~ ................. ~i~ ..................................................... ~:.-.-.::~ .................. : ::-::.::,::?:.:.:.::.::..::.:.::::.::::::::::::::.::.::.¥:.::::... :.::::.:.:~:::.:.:.::. akT.. --~---- Y't' ...... ======================== 4.095 (~) lqu~-sh~ llon~es ~:?~:::~:::~i~. ,,,,,.,~ -~,,,~, ~g ~:::1~::~, but not including hospi~s, c~cs, or s~ ~stimtions as defm~ by 4.022 of t~s code provid~ that: 4.095 (1) (a) ~ide Y~ds, Double. Side y~ds ~e double the m~um r~u~ements esmb~sh~ for t~s District ~~~ ~'j.'..'.'...'.'.'.".'.".7.'..'.'.'J.7'..':~ ~!~ .............. R~2~:::::::::~t ~::::Z~::~7" ........... ~'~e.~":"i ~d ~e scr~n~ ~ comp~ces with 4,034 (3) of t~s Code. 4.095 (1) ~) R~ Yard R~3~ements. Oily the re~ y~d sh~ be us~ for r~reationfl ~s. S~d ~ea sh~ be fenc~ ~d ~n~ ~d sc~n~ ~ ~mp~ce with 4.034 (3) of t~s Code. 4.095 (1) (c) ~. ~e site sh~ be se~ by ~ ~efial or co~tor s~t of m~cient capaci~ to accommodate t~c w~ch w~l be generate. 4.095 (1)(d) Pe~its and State ~ws. ~ state laws and statutes gove~ng such use ~e strictly adher~ to ~d ~ r~u~ operating pe~its ~e s~ur~. 4.095 (2) ~. A state ~ns~ fac~ ~ defm~ in 4.022 of t~s Code provid~ that: 4.095 (2) (a) R~ Yard R~uirements. O~y the r~ y~d sh~ be us~ for recr~tional ~eas. S~d area shall be fenc~ and cont~H~ ~d sc~n~ ~ compliance with 4.034 (3) of tMs Code. 4.095 (2) (b) Off-Str~t ~ad~g. ~ad~g ~d u~oa~g of adult day ~ p~icip~ts s~ ~e pla~ ~ ~ ~ea designat~ solely for that pu~ose. 4.095 (2) (c) ~. ~e site ~d relat~ par~g ~d se~ice is se~ by ~ ~e~ or m~tor strut of sufficient capacity to accommo~te the t~fic w~ch will be generate. 4.09-3 4.095 (2)(d) Permits and State Laws. All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. ............................ (Ord. 88-14) 4.095 (3) Conditional Accessory. Uses. The following commercial uses shall be allowed as conditional accessory uses to Senior ~ and Physical/-/ar~:appe~~ Housing and ~ · ~i.li~!!!i~. It is the intent of this section that said uses primarily serve and benefit the residents of said facilities: 4.095 (3) (a) Financial Institutions. 4.095 (3) (b) ............... oL__ D~ U~;I / ~uL,y~,.~ll~O~J, '.:-'-'.:-'.'..,-'.:-'..:.'.'.:.:-..'.-.'.-..-.-....- ....... -.- .... 4.095 (3) (c) Limited Retail Sales. 4.095 (3) (d) Newsstand. 4.095 (3) (e) Pharmacy. 4.095 (3)(g) Performance Smdards. All conditional accessory uses listed herein shall conform to the following provisions: 4.095(3)(g) (i) Location. All uses shall be located completely within the principal structure of the residential facility. 4.095(3)(g) (ii) Access. No separate exterior entrance or exit shall be allowed for any accessory use(s). 4.095(3)(g) (iii) Signage. No exterior signage of any type shall be allowed for accessory use(s). ~,,a~ ,,~.~ ,.,, ~,,.,~a ftc, o,- a,-ea. All combined commercial accessory uses within a single building shall not exceed ~w-o fi~ousaad ~ ~/:.~!i!i~~i!iiii(~i~) square feet gross floor area. 4.09-4 4.095(3)(g)(v) Parking. Sufficient parking for the commercial use(s) shall be provided in accordance with Section 4.036 of this Code. ............................ (Ord. 89-21) f~t. !~:(2) (b) ~her Uses. Oneh~~~t~ Building Heights. S~ ~?:~:..~?~:~~nt~i~ (72):~:~t~ whic~ver is g~r. 4.09-5 4.09-6 4.10 R~i!! ~ RUAqIDENTIAL-OFFiC--E B~$~S!ilDISTRICT 4.101 Purpose. The purpose of the "R-O" ~B, Residential-Offie~ ~.j.. ~ District is to provide for high density residential use and for the transition in land use from mid-density residential to low intensity business allowing for the intermixing of such uses. ................................... (Code 072684) 4.102 Permitted Uses, R=O ~B. The following are permitted uses in the R=0 Distri.ct: 4 102 (1) ' ....................' ....... " ....................... : ................................ (Ord. 91-17) g this Code of 4.103 Permitted Accessory, Uses. ~ R-B. The following are permitted accessory uses in an R=O R~B District: 4 103 (1) ..................................................... " ..... 4.10-1 ~unitY~ proVided thagi 4.10-2 pe, rtirent strllctttre, 4.10-3 functional SUrfacei 4.10-4 4.105 Conditional Uses, R4~ R~It The following are conditional uses in ,~,, ~-,_, B District: (Requires a Conditional Use Permit based upon procedures set forth in and regulated by Sections 4i3~!~.i 4.10-5 IUd ~lJ 105 (1) M~ ~ ~iO ~[0~1 ~IU ~UlliillUl~ldl. RU~I~ ill~l~ UilI~U~ 4.105(1) (a) ~. ~ sit~ ~d ~lat~ p~g ~d s~ic~ ont~ncos su~cient ~paci~ to accommo~to the t~c w~ch will bo g~n~t~. 4.105(1) (b) Traffic Flow. Ve~cul~ entices to p~g o~ s~wic~ ~s shall c~t~ a ~um o~ ~ct ~ith t~ough t~c mov~oHt. 4.105(1) (c) Buffers. When abutting an R-I, R-2, R-3, or R-4 District, a buffer area with screening and landscaping in compliance with Section 4.033 (3) shall be provided. 4-.-~05 '" .... '-:' .......;-- - ~'- -' ...... ~' .... ' .................... ' .......... ~._, ,~, ....... ,: ........... ^,~ .-,~ ...... Pa kh~g; 4 033 (3) -' ......... ~' ......... : ........................... h cipat Jll CAL.C.,.~a UJ UJal. IC.',q_UU~...~qJ Oi~ UJG JUt UIJ~JII WlUk..ll tHC p J- i 4.10-6 lll~llllli~t~ ~i[li Ui 31[1i HI UA~ UI t~il ~U IU~iI¢~UI[ tll~ llilU UI UiU U~3UI~ 311 ~ VI3iUI~ IIUill tlIU auv.m=m~ p,~uvt= for ~e .... ' ~ --~-'~ ......... ' ......... uut~tu~ ilUlil ~iiU ~i~ V I~IUI~ 4.105 (3) Combin~ Residential and Non-ResiOentiM. Build~gs combing ~siden~ ~d non-msidenfiM uses aHow~ in this District provided that: 4.105(3) (a) Separate Floors. Residential and non-residential uses shall not be contained on the same floor. ~iiii~5~3~ ~) ReSidential uses ~ij~ii~d~ii~!~t~i:~ ~fi~S~.i and 4.105(3) (e) Conflict of Uses. The residential and non-residential uses shall not conflict in any manner. ................... (Code 072684, Ord 91-17) 4.10-7 City:CoUncil. 4.10-8 c°nstmcfion. Durable exterior wall finishes consisting: of glass, bfi~k~i Ston~ or stucco on seve~ (70) ~rcent of' the w~ facei 4.10-9 4.10-10 4.10-11 4.10-12 Memorandum To: Planning Commission Members From: Kirk, McDonald, Director of Community Development Date: March 31,2000 Subject: Miscellaneous Issues NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional detail on CounciI/EDA/HRA actions. It is not required reading and is optional information provided for your review, at your discretion. 1. March 13 Council Meetinq - At the March 13 Council meeting, the Council took action on the following planning/development/housing issues: A. Proiect #675, Motion Authorizinq Staff to Neqotiate the Purchase of 5422 Winnetka Avenue: Authorization granted, see attached Council request. B. Proiect #676, Motion Authorizinq Staff to Neqotiate the Purchase of 5406 Winnetka Avenue: Authorization granted, see attached Council request. C. Project #671, Resolution Approving Contract with TSP One, Inc. for Public Works Buildinq Addition and Renovation: Approved, see attached Council request. D. Project #671, Resolution Approvin.q Contract with E&V, Inc. for Public Works Buildinq Addition and Renovation: Approved, see attached Council request. E. Public Hearinq - Resolution Givinq Approval to a Proposed Housinq Pro.qram and the Proposed Issuance Therefor of a Revenue Bond at the Request of Hammer Residences, Inc. Pursuant to a Joint Powers Aqreement to be Entered int~ in Connection Therewith: Approved, see attached Council request. F. Public Hearinq - Givinq of Host Approval for the Issuance of Revenue Bonds and Adoption of Housing Project (St. Therese Project): Petitioner withdrew request and Council accepted request for withdrawal. G. Planninq Case 99-21B, Request for Development/Final Staqe PUD Approval, Rezone from R-1 to PUD, Side Yard Setback Variance, and Final Plat Approval of 9 Lots by L&A Homes: Approved, subject to the conditions recommended by the Planning Commission. Development Agreement has been prepared and bond amount established. H. Planninq Case 99-27, Request for Concept Stage PUD for a Third Buildinq on an Existinq Lot and a CUP for a Commercial Recreation Use for the Mosaic Youth Center: Approved, subject to the conditions recommended by the Planning Commission. I. Planning Case 00-02, Request for Site and Buildinq Plan Review and Variance for Rear Yard Setback, 3440 Winpark Drive: Approved, subject to the conditions recommended by the Planning Commission. J. Project #656, Approval of Schematic Desiqn for Golf Course Clubhouse and Authorization to Prepare Plans and Specifications: Design approved, see attached Council request. · 2. March 27 Council/EDA Meetings - At the March 27 Council/EDA meetings, the Council/EDA took action on the following planning/development/hOUsing issues: A. Motion Authorizinq Staff to Obtain Appraisal of 7105 62"'~ Avenue: Authorization granted, see attached Council request. B. Resolution Authorizin.q Purchase of Tax Forfeited Land from Hennepin County for $422.40 PID #05-118-21-33-0081 and PID #05-118-21-33-0083: Approved, see attached Council request. C. Resolution Acceptin.q Easement for L and A Homes Addition: Approved, see attached Council request. D. Proiect # 683, Motion Authorizinq Staff to Neqotiate the Purchase of 4179/4181 Jordan Avenue: Consensus was not to pursue at this time. E. Project # 671 and #679, Approval of Schematic Desiqn for Public Works Shop Addition and Garaqe Renovations and Authorization to Prepare Plans and Specifications: Approved, see attached Council request. F. Project #677, Motion Authorizinq Staff to Neqotiate with Property Owner for Potential Acquisition of 8113 Bass Lake Road by City: Authorization granted, see attached EDA request. 3. Codes & Standards Committee - Codes & Standards did not meet. 4. Desi.qn & Review Committee - Design & Review met in March with the applicants. 5. Comprehensive Plan Update Committee - The Committee did not meet in March. Plymouth Comprehensive Plan is under review by staff and consultants and will be reviewed by Committee in May. 6. Zoning Code Update Committee - The Committee met on March 16 to review the balance of the zoning districts and review the administrative section. The next meeting is scheduled for May 4. 7. Sunshine Factory - Correspondence from Sunshine Factory regarding the new canopy for the outdoor dining area. 8. Project Bulletins - Enclosed for your information are project bulletins on 1999 Infrastructure Project, 42n~ Avenue Retaining Wall, and letter to Hidden Valley Park neighbors. 9. Remodelinq Fair - A flyer is enclosed (separately) for the Remodeling Fair on Saturday, April 8. 10. Miscellaneous Issues: A. City staff continued to work on the following potential developments: 1) Liberty Diversified Industries building expansion 2) KFC at Winnetka Center 3) Identification Services purchase of city property at 9200 49th Avenue 4) No further action on Navarre, A.C. Carlson, or 36th & Winnetka site 11. Miscellaneous Articles - The February issue of Zoning News is enclosed for your information. Attachments: 5422 Winnetka Avenue Sunshine Factory Correspondence 5406 Winnetka Avenue Project Bulletins/Letter Public Works Addition Remodeling Fair Flyer (separate) Hammer Residences Schematic Design for Golf Course Clubhouse 7105 62nd Avenue Tax Forfeit Land L and A Homes 4179/4181 Jordan Avenue Schematic Design for Public Works Shop Addition 8113 Bass Lake Road COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 3-13-00 Consent Item No. By: Susan Henry Community Development Specialist By:// 6.5 MOTION AUTHORIZING STAFF TO NEGOTIATE THE PURCHASE OF 5422 WINNETKA AVENUE NORTH (IMPROVEMENT PROJECT NO. 675) REQUESTED ACTION Staff recommends authorization for staff to negotiate the purchase of the property located at 5422 Winnetka Avenue North. POLICY/PAST PRACTICE On October 25, 1999, the EDA authorized staff to contact the residential property owners along the 5400/5500 blocks of Winnetka Avenue North to inquire if they may be interested in a voluntary sate to the City, as these properties have been sited in the Comprehensive Plan for redevelopment. BACKGROUND At the FeDruary 14, 2000, meeting, staff was authorized by Council to obtain an appraisal of the propert~ located at 5422 Winnetka Avenue North. Staff has received the appraisal, and now wishes to present to Council (see attached). Griffith Appraisals, Inc., appraised the property at $92.000. Staff does feel this value is accurate, given today's marketplace. The 1999 valuation of the property for tax purposes is $79,000 (S19,500 land/S59,500 building). The property measures 19,950 square feet. The next step is for staff to sit down with the property owners and negotiate, based on the appraised value. If staff is successful in negotiation, staff would return with a purchase agreement for the property at a future Council meeting. In December, the City mailed out the letter of ~nterest to purct~ase property along the 5400/5500 block of Winnetka Avenue North. Greg Caron is the property's estate administrator and he nas responded to the City in writing with interest to sell FUNDING Tr~e subject property is located in an area where TIF funds ma;' be expended. ATTACHMENTS · Map · Griffith Appraisals, Inc., Report MOTION SECOND BY BY TO: · " : : . ! · t _J ~1 ~ ..~ , ...... ~_ ~ J~ : : _ .- % --~ ~ - . ........... ~ ~ ,~ ...... :- .................._._~ ....... % . ~'t";'t'~llJ J~6TH A~ ~~lll~ ... ....... ~ P ..... ~ -.._ ........... .~*--~-~ ..... ~ ; ~ - ' ~ · t .' , t ; '~ ~ " t m · % . I .... ~.~ ~ . ~ e .... "~ ~ _ .~ , ; .~. ~- : ~~~ F~F~''~ ........ ,~ :. : :~ ......~~~ ~;= ~ F~ ._~ ~.~, ................. ~ ............ . .''' , ; , t .... . : .................. ~ t ~ ........ ,~' ~; ~' -.~ ~ I JZ ' ' ' ' . ~ ......... ~ / ............................. ~:- ...... , ~ : : 55~ A~ N "'~ ~ , ~ ; · : .... ; ; : ~ · ~ Cl~-Owned } ~ ................ ~ --~ ; i- -- ; '''' i : ~ ; ~ I ~1 Prope~ , ..... ~-~ : ~ :~i~ . ~ .,,al ~ ~ ~ ' ........ ~ ' ~' i l~ ; ; ,~ ' . . . ~ ~ ~ : ~<~ ,~ :~; 7~ · ~ t ,~[ ---~---, ....... ; : ; : ~ , : I~J Under ~2~~ ......... ~ - :~ ": .... ~.~ ~'~T ........... ~ ~ Consideration ~ ~ ' ,' ~ ] ~ ~~L orin Process ....... ~ [ ' . .... ; ~ · . , ~ ~ ' ~ . ~.. i ' ....... ~ ......... ~ ~ ....... ' ...... ; ~ ............... ~ ~ ....... .--- ~ ' ~.m , , I ~ ....... , - ' : , ~ ; + ~" . t -:'2~~ ..... : ...... ~ ~, , ~ ~ . ; ~: , : ~ ~ , .......~: . :~: ~ ~'~ .... ,. -2-~~ ............... , ~'~ ~; ~ ~<: ~ i , ~u ,~ ; ~--- .......... .. { ~- · ~ ~; ~. ~ ~ ~t i 2~ '.~ ~ .... ' ' ......... r ...... 3 ......... ~ ........... ; ....... ~ ....... ~ . ~ -~"'~._ : ' . . : . ,--. .- ....... I ....... r ....... ~ ~.' ............... t ~.- ...... r .... . ..... 1 I : / , ......... ....... , ........ ............ ....... . ~ : ......... 'S--~"'---~ ' , , :' ~ ' f ........ ! -~ ' ' - ~-f ....... ~-- -~ ..... ~ ~': .... ' - I ~t~:. REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 3-13-00 Consent Item No. By: Susan Henry Community Development Specialist By:// 6.6 / MOTION AUTHORIZING STAFF TO NEGOTIATE THE PURCHASE OF 5406 WINNETKA AVENUE NORTH (IMPROVEMENT PROJECT NO. 676) REQUESTED ACTION , Staff recommends authorization for staff to negotiate the purchase of the property located at 5406 Winnetka Avenue North. POLICY/PAST PRACTICE On October 25, 1999, the EDA authorized staff to contact the residential property owners along the 5400/5500 blocks of' Winnetka Avenue North to inquire if they may be interested in a voluntary sale to the City, as these properties have been s~ted in the Comprelnensive Plan for redevelopment. BACKGROUND At the February 14, 2000, meeting, staff was authorized by Council to obtain an appraisal of the 'property located at 5406 W,nnetka Avenue Nor'th. Staff has received the appraisal, and now wishes to present to Council (see attached). Forsythe Appraisals, Inc., appraised the property at $112,000. Staff does feel this number may be a little high, especially given the a2pra~sed value of 5422 Winnetka of $92,000 (request also in this packet). Staff will attempt to negotiate a lower price than the appraised value. The 1999 valuation of the property for tax purposes is $71,000 ($19,500 land/S51,500 building) The property measures 19,950 square feet. The next step is for staff to sit down with the property owners and negotiate, based on the appraised value. If staff ~s successful ~n negotiation, staff would return with a purchase agreement for the property at a future Council meeting. In December, the City mailed out the letter of interest to purchase property along the 5400/5500 block of Winnetka Avenue Nodh. Sandra and Gordon Sibbet own the single family nome at 5406 Winnetka Avenue North. Staff has indicated to the S~bbet's because th~s would be a voluntary sale, no relocation benefits would be paid. FUNDING The subject property is located in an area where TIF funds may be expended. ATTACHMENTS · Map · Forsythe Appraisals, Inc., Report MOTION BY SECOND BY TO: icc ' ':- ........... '", '~' ~ .m~.r+.lJL .......... , ........ ~! ... ' ......... : " ~ ; : 55TH AVE N - ' ~ : 5443: I 5444 'E4.T7 : : 5434 : 54,,~ , .... ~ J)4~ . ~ j ~J- J~~l or in Process : ~. · ; ~',' ' , : -"-.- ; j i . ............ ~' ' ~ ' ~'~ ,: ---'~.'~- ......... ' - I ,l~' I RE~LrEST FOI~ACTION Oz~lnatmg Department Approved fox' Agenda Agenda Section Public Works 3o13-00 Consent / Item No. By: Guy Johnson By:. 6.8 RESOLUTION APPROVING CONTRACT WITH TSP ONE, INC. FOR PUBLIC WORKS BUILDING ADDITION AND RENOVATION PROJECT NO. 671 REQUESTED ACTION Staff recommends that the City approve a contract with TSP One, Inc. to provide architectural and engineering services to the City during the Public Works Building addition and Renovation Project, (Project///)71). BACKGROUND New Hope is undertaking a construction project to improve the New Hope Public Works Facility. The project will include an addition of approximately 1,800 square feet to the existing shop area of the facility. In addition, the project includes the replacement of the roof in the vehicle storage area of the facility. The project will be designed by the architectural/engineering firm of TSP One, Inc. The project will be constructed using a general contractor having a direct contract w/th New Hope. This agreement is very similar to the current Agreement between TSP One, Inc. and the City for the construction of the Golf Course Clubhouse. The project has an anticipated completion date of January 31, 2001. FUNDING The contract with TSP One, Inc. states that the City will pay the a lump sum fee of $53,200.00 for architectural/engineering services relating to the building addition and $37,100.00 for services relating to the roof replacement, plus reimbursable expenses not to exceed $8,500.00. Funding is available in the Capital Improvement Program ATTACHMENTS Attached are the contract, a letter from the C~ty Attorney stating that he has reviewed the contract, and the resolution. MOTION ~ SECOND BY TO: I RFA~Pubwo~s~71 Contract ~ TSP One RFA-O0 ~ ~ $CHE~ATIC DESIGN COST ESTII~TE New Hope Public; Works - Rerooflng Mm'ch BUILT-UP ROOF Item Quantity Units Unit Cost Cost Demo BUR Roo~ng 26,644 SI: $ 1.60 $ 42,630 Demo MetaJ Roof Edge 700 LF $ 1.25 $ 875 3" Polyisocy'anurate (R21.74) 26,644 SF $ 1.54 $ 41,032 Tapered Polyiso 40,000 BF $ 0.54 $ 21,600 4 Ply Fiberglass BUR 266 SQ $ 196.00 $ 52,136 Relocate RoofDmins 2 EA $ 500.00 $ 1,000 New Roof Drains 3 F..A $1,500.00 $ 4,500 Raise Existing Roof Curbs 15l EA $ 500.00 $ 7,500 Raise E3dsting RoofYents 20 EA $ 100.00 $ 2,000 Wood Cant 700 LF $ 1.93 $ 1,351 Metal Roof Edge 700 LF $ 5.30 $ 3,710 Sub-Total $ 178,334 Genera] Condil~ons 15% $ 26,750 Overhead & Profit 10% $ 20,508 Estimating Contingency 5% $ 11,280 Design Contingency 5% $ 11,844 :Construction Contingency 5% $ 12,436 Conslzuction Cost $ 261.152 Owner's Representative Fee $ 5,000 Architect Fee 14.2% $ 37,084 Architect Reimbursables $ 3,500 Total, $ 306,735 EPDM ROOF (ALTERNATE) Item Quantity Units Unit Cost Cost Demo BUR Roofing 26.644 SF $ 1.60 $ 42,630 Demo Metal Roof Edge 700 LF $ 1.25 $ 875 3' Polyisocy-anurate (R21 _74) 26,644 SF $ 1.54 $ 41,032 Tapered Polyiso 40.000 BF $ 0.54 $ 21,600 45 mil El=DM Ballasted Roof 266 SQ $ 103.00 $ 27,398 Relocate Roof Drains 2 F_A $ 500.00 $ 1,000 New Roof Drains 3 EA $1,500.00 $ 4,500 Raise Existing Roof Curbs 15 EA $ 500.00 $ 7.500 Paise Existing Roof Vents 20 EA $ 100.00 $ 2,000 :Wood Cant 7G0 LF $ 1.93 $ 1,351 Metal Roof Edge 700 LF $ 5.30 $ 3.710 Sub-Total $ 153,596 General Condi~dons 15% $ 23,039 Overhead & Profit 10% $ 17,664 Estimating Contingency 5% $ 9,715 Design Contingency 5% $ 10.201 . Co~-~-b-uction Contingency 5% $ 10,711 Construction Cost $ 224,926 Owner's Repr~senbabve Fee $ 5,000 Architect Fee 14.Z% $ 31,939 Architect Reimbursables $ 3,500 Total $ 265.365 Originating D~~t ~p~d for ~e~a ~da ~uon Public Wo~s 3-13-00 Consent Guy Johnson ~ Item No. ~: ~/~ 6.9 / RESOLUTION APPROVING CONTACT ~TH E&V, INCORPO~TED FOR PUBLIC WORKS BUILDING ADDITION AND RENOVATION (PROJECT NO. 671) REQUESTED ACTION Staff recommends that the C~ approve a contra~ with E&V, Inco~orated to aa as owner's representative and provide proje~ management se~i~s dudng the Public Wo~s Building addition and Renovation Proje~, (PrOJea ~71). E&V has taken on this role for the Ci~ on a number of proje~s including the Pool Concessions proje~ (~01C), the Ci~ Hall proje~ of 1998 (~08), and the Public Wo~s remodeling projea of 1997 (~2). BACKGROUND New Hope is undeaaking a constmaion projea to improve the New Ho~ Public Wo~s Facility. The projea will include an addition of approximately 1,800 square feet to the existing shop area of the facility. The proje~ is ~ing designed by the architeaural/engineedng fi~ of TSP One, Inc. The projea will be constructed using a general contraaor having a dire~ ~ntra~ with New Hope. As New Hope's Owner Representative, E&V will provide proje~ management se~i~s to New Hope and will coordinate run.ions with New Hope, the amhite~, and the general contractor. The project is anticipated to be completed by late winter of 2000-2001. E&V will assign Cheil Badinger to be the proje~ manager. She is the pemon who represented E&V on the Public Works proje~ in 1997 and the City Hall projea in 1998 She is also se~ing as owner's representative on the Pool Con~ssions projem nght now. She has a good deal of experience with the City and with the engineenng/architectural fi~ wo~ing on this proje~, TSP One, Inc. FUNDING E&V's lump sum fee is a not-to~x~ed pn~ of $19,950.00 for the proje~ through the anticipated completion date of Janua~ 31, 2001. Any t~me spent beyond Janua~ 31, 2001, which is approved by the City, would be billed at an houdy rate as stated in the contraS. ~me spent by E&V on this proje~ would reduce time and money spent by the Ci~ on the engineenng/architeaural fi~. A~ACHMENTS -- A~ached are the contraS, a leEer from the C~ty A~omey stating that he has reviewed the contract, and the resolution, The contraa contains a Team Responsibilities Chaa which describes E&V's role in this projea. This contra~ has been reviewed by the City AEomey. ~ON ~ S~O~ ~., I~FA~ Pubhc Wo~ 671 Con~ ~ E & V I I _ ~A~I ~ COUNCU~ REQUEST FOR ACTION Originating Depa~ent Approved for Agenda Agenda SecUon Community Development Public Hearing Item No. 3-13-00 BY:Kirk McDonald PUBLIC HEARING: RESOLUTION GIVING APPROVAL TO A PROPOSED HOUSING PROGRAM AND THE PROPOSED ISSUANCE THEREFOR OF A REVENUE BOND AT THE REQUEST OF HAMMER RESIDENCES, INC. PURSUANT TO A JOINT POWERS AGREEMENT TO BE ENTERED INTO IN CONNECTION THEREWITH REQUESTED ACTION Staff recommends that the City Council approve the attached Resolution Giving Approval to a Proposed Housing Program and the Proposed Issuance Therefor of a Revenue Bond at the Request of Hammer, Residences, Inc. Pursuant to a Joint Powers Agreement to be Entered into in Connection Therewith. The resolution will allow the City of Wayzata, pursuant to a joint powers agreement, to issue a revenue bond on behalf of itself and the cities of Maple Grove, Minnetonka, New Hope, Plymouth, and St. Louis Park, to allow Hammer Residences, Inc. to undertake projects in each of these cities. New Hope ~s included in the project because one of its residences is located in New Hope at 4009/11 Jordan Avenue North. POLICY/PAST PRACTICE In the past, the City has cooperated with a variety of agencies to provide a variety of housing opportunities in the City, such as Tasks Unlimited, Habitat for Humanity, Westminster Corporation, etc. Some of these projects have included financial assistance, including the issuance of bonds and in conjunction with other municipalities. BACKGROUND At the February 14 Council meeting, the City Council scheduled this public hearing. The projects involve the acquisition, construction, equipping, and furnishing of residential facilities for the developmentally disabled and the refinancing of existing mortgage indebtedness in connection with the existing residential facilities, together with the rehabilitation of each facility. The New Hope portion of the project consists of mortgage indebtedness refinancing in connection with the existing facility located at 4009/11 Jordan Avenue North and rehabilitation. The City of Wayzata will issue a revenue bond, pursuant to a joint powers agreement, to finance the development in the principal amount not to exceed $2,500,000. The petitioner has completed the appropriate City application form and submitted a deposit to cover any consultant expenses incurred. The application and documents have also been reviewed by the City Attorney and the Bond Counsel for the City. A review of the property file indicates that there are no outstanding code or city ordinance issues with the property located in New Hope. The application is being submitted by Norwest Investment Services, Inc. and a representative will be present at the public neanng to answer questions. MOTION B~ SECOND BY TO: RFA-O01 Request for Action Page 2 3-13-00 i~_A description of the program for this multi-family housing development submitted by the applicant is outlined as follows: · This housing finance program is undertaken by the City of New Hope for a development involving multiple residential facilities for the developmentally disabled, including the refinancing of existing facilities located at 4009/11 Jordan Avenue North in the City, together with the rehabilitation of the existing facilities. The Development will be financed by a revenue bond issued by the City of Wayzata. · The Development, called Hammer Residences, Inc., will consist of the acquisition, construction, equipping and furnishing of residential facilities for the developmentally disabled at the following locations: 16325 County Road 15 and 13612 Wentworth Trail in Minnetonka, the refinancing of existing mortgage indebtedness in connection with multiple facilities located in Maple Grove, Minnetonka, Plymouth, St. Louis Park, and Wayzata. The Development will be undertaken by a Minnesota nonprofit corporation, will be available for rental primarily to handicapped persons, and will be operated only as a multi-family housing facility for the term of the revenue bond. · The City of Wayzata will issue a revenue bond, pursuant to a joint powers agreement, to finance the Development in the principal amount not to exceed $2,500,000. The owner of the Development will be required, pursuant to a revenue agreement, to make payments sufficient to pay when due the principal of, premium, if any, and interest on such revenue bond. · Acquisition of the Development will be carried out in accordance with applicable land use and development restrictions and construction of the Development is subject to applicable state and local building codes. · The City of Wayzata, as issuer of the revenue bond, has adequate existing capacity to administer, monitor and supervise the Development, although the City of Wayzata has reserved the right to contract with other public agencies or private parties for these purposes. · The costs of the Development and the program of financing the Development, including specifically the costs of the City, generally will be paid or reimbursed by the owner of the Development or from the application fee paid to the City by the owner. The project in each city is further described below: 1. New Hope · Refinance existing mortgage indebtedness originally incurred in connection with the facility located at 4009 Jordan Avenue North, together with the rehabilitation of the facility and refinance existing mortgage indebtedness originally incurred in connection with the facility located at 4011 Jordan Avenue North, together with the rehabilitation of the facility. 2. Wayzata · Refinance existing mortgage indebtedness originally incurred in connection with the facility located at 401 Ridgeview Drive East, together with the rehabilitation of the facility. 3. Maple Grove · Refinance existing mortgage indebtedness originally incurred in connection with the facility located at 6688 Lawndale Lane North, together with the rehabilitation of the facility. 4. St. Louis Park Refinance existing mortgage indebtedness originally incurred in connection with the facility located at 9216 22"0 Street West, together with the rehabilitation of the facility. Request for Action Page 3 3-13-00 5. Plymouth ' -i~ · Refinance existing mortgage indebtedness originally incurred in connection with the facility located at 10805 38t~ Place North, 18115 30t" Avenue North, and 18300 26~' Avenue North, together with the rehabilitation of the facility. 6. Minnetonka · Acquire, construct, equip and furnish a residential facility for the developmentally disabled (including all related demolition costs of any existing structure incident to construction of the new facility), located at 16325 County Road 15 and 13612 Wentworth Trail. · Refinance existing mortgage indebtedness originally incurred in connection with the facility located at 4045 Dublin Drive and 5209 Michaele Lane, together with the rehabilitation of the facility. Per the correspondence from the Bond Counsel, the resolution serves to: A. Adopt a Housing Program B. Authorize issuance of the Bond by the City of Wayzata C. Authorize execution of a Joint Powers Agreement, and D. Declare that the City will have no obligation to apply City funds or levy ad valorem taxes to pay the Bond debt. ATTACHMENTS: · Resolution · Public Hearing Notice · Joint Powers Agreement · Project Description · Applicant Correspondence · Financial Statements COUNCm REQUEST FOR.ACTION A~enda S¢¢Uon Or~lnatlr~ Dep~t ~pm~d for ~a Development ~ Planning Parks & Recreation ~ Item No. 3/13/00 ~: Shad French ~ 8.4 / APPROVAL OF SCHEMATIC DESIGN FOR GOLF COURSE CLUBHOUSE AND AUTHORI~TION TO PREPARE P~NS AND SPECIFICATIONS (IMPROVEMENT PROJECT No. 656) REQUESTED ACTION Staff is recommending that Council review, make any necessau changes, and then approve a final schematic design for the golf course clubhouse. Staff fu~her recommends that Council then authorize preparation of plans and specs for this project, ~56. The architects, E&V, and staff will be in aEendance to review the proposed design. BACKGROUND The City's golf course clubhouse, located at 8130 Bass Lake Road, predates the City purchasing the golf operation in 1971. The building ~s ~n need of replacement. The problem areas include: windows, doors, HVAC system, non-accessible bathrooms, plumbing, wiring, floor, landscaping, wal~ays and parking lot. In eady 1999 the City Council approved ~evelopment of a feasibility study to look at a new clubhouse In June 1999 Council accepted the feas~bihty study and dire~ed staff to continue with the process of planning for this pro3e~ In fall of 199~, architectural fi~s were inte~iewed and TSP One, Inc. was selected by Council In Janua~ 2000, work began on concept plans for the new facility. By Feb~au 22, 2000 Council rewewed concept ideas for the clubhouse and d~rected the ~eve~opment of schematic Oes~gns FUNDING Funding for this pro)ect will be through a revenue bond to be paid back over ~enty years from Golf Course earnings. The budget for th~s pro~ect tctals $~00,000 for all anticipated costs. A~ACHMENTS Schematic designs are a~ached along w~th an estimated budget based on this design. / ' LETTER OF TRANSMITTAL TSP One, Inc. 21 Water Street Excelsior. MN 55331 DATE: March 9. 2000 phone (612) 474-3291 TO: Shari French fax (612)474-3928 CID,.' of Ne~v Hope 440I Xylon Avenue North New Hope. Minnesota 55428 Architecture Eng,neer,ng RE: Neb' Hope Village Golf Club House TSP One ti 99732 [nter~or Design WE ARE SENDING YOU: ( X ) HEREWITH ( ) UNDER SEPARATE COVER Offices ~n MmneaOoh$ a.~oc..,,.~ M. FOR YOUR: ( X ) USE ( )FILES ( )INFORMATION ( )APPROVAL QTY DATE DESCRIPTION 15 3/9/00 1 I x 17 Floor. Roof and Site Plans, Exterior Elevations and Buildine Sections I 3/9'00 Space Needs Program 1 3/900 Outline Specification 1 3 '9'00 5,1echan ica l Narrative 1 3/9'00 Electrical Narrative I 3/9/00 Schematic Design Cost Estimate SummaD REMARKS SIGNED: '~t~~~~ Mark 1 hlcdc TRANSMITTED B'~' COPIES TO: File :,~-~, :-: ( ) MAll. a~a ..... sc, ( ) EXPRLSS MESSENGER s~,o~ w, ( ) UPS ( X ) HAND DELIVER ( ) MODEM VILLAGE GOLF CLUB HOUSE ;PACE NEEDS PROGRAM MARCH 13, 2000 '-- SQUARE FOOTAGE FUNCTION Study Adjusted Designed Main Room 750 105 855 Pro Shop Sales 130 0 130 Pro Shop Counter Sales 140 0 140 Food Service/Preparation 270 -62 208 Merchandise/Vending Storage 200 -32 16~ and Club Storage Mechanical/Janitor Closet 180 -16 164 Picnic Area 913 -73 840 Picnic Prep Area 40 -32 8 6~ii~e #1 1 oo ga 198 Office #2 100 -100 0 Women's Toilet 155 27 182 Men's Toilet 155 -2 153 Net Total 3.133 3,046 ~upport --- (;27 ....... 561 Gr0s_s Total - Building 3.760 3,607 Tras~ Enclosure 160 0 Golf Cart Storage 300 0 Gross Total - Accessory Structures 450 0 Gross Total 4 220 3,607 Page I Outline Specificati°n Foundation: Concrete spread footings with 12" cmu foundation walls Substructures: 4" concrete slab on grade Superstructures: Architectural wood roof trusses at entrance/seating area and ' picnic shelter; manufactured wood roof trusses for the remainder of the building. Exterior Closure: Walls: 2x6 wood studs at 16" o.c., 6ml. vapor barrier. R-19 fiberglass batt insulation, ½" exterior sheathing, house ,,-rap, 3' high split face block veneer, "James Hardie" fiber-cement products for siding, fascia and soffits. Prefinished aluminum doors and operable windows. Roofing: Multi-layered asphalt shingles, 30# roofing felt, ice and water shield, 5/8" roof sheathing, R-48 fiberglass bart insulation. Interior Construction: Walls: 5/8" gypsum board on 2x4 wood studs at 16" o.c. Wall Finishes: Seating Area, 3' high wood wainscot; Toilets, 4' high ceramic tile wainscot; fiberglass reinforced paneling in the food ser-,'ice area, the remainder is painted gypsum board. Ceilings: Seating Area, slightly textured painted gypsum board with wood accent trim: the remainder is painted gypsum board. Floor Finishes: Seating .Area and Office. carpet and wood base: Serx'~ce Counter and toilets, ceramic tile and base: Hallway. x'~nx I composition tile and wood base: Storage Room, vinyl composition tile and vinyl base: Mechanical Room. sealed concrete floor and vinyl base. Doors: solid core wood ~'tth hollow metal frames Casev,'ork Plastic laminate casework with glass display at the sales counter Special Construction Toilet acccs>oncs. 2 outdoor gas grills, gas log fireplace Mechanical' See Narrat~ c Electrical: See Narrat~ c Mechanical Narrative Plumbing Systems: 1. Demolition: Disconnect the existing water meter and gas service. The interior piping, plumbing fixtures, water heater, boiler, circulating pump, and finned tube radiation will be sold with the building. Contact the Gas Company to move the gas meter and underground piping. 2. Provide new plumbing fixtures, piping, water heater, and gas service. 3. Provide new water service piping to the building for the fire sprinkler system with a tap for the building domestic water. 4. Provide a new water meter, shutoff valves and a reduced pressure zone backflow preventer. 5. Provide a new lawn irrigation system for landscaping around the building. Fire Protection System: 1. Provide a new dry-pipe fire sprinkler system for the building. HVAC Systems: I. Provide one new forced air down-flo~' gas furnace with an economizer, plastic coated underground ductwork, floor registers, and ceiling return grilles. Provide a fresh air intake louver on the east wall of the mechanical room and a relief vent on the roof. Provide one programmable thermostat for the system 2. The underground suppl.v air duct sx stem ~ill have a drain tile system buried below the air duct, and the system will be sloped back to the drain sump. 3 Prox idea new' exhaust fan system for the restrooms with an exhaust vent on the roof. 4 Proxide a new' exhaust fan system for the food se~ ice area with an exhaust vent on the roof. 5. Pro~ ide an air-cooled condensing unit outside along the north wall ofthe storage room. Provide refrigerant lines to evaporator coil section of the furnace. 6 Balance the HVAC and exhaust sxstems Electrical Narrative Demolition: - I. Disconnect existing building service back to power pole 2. Existing building power distribution and lighting will be sold with the building. Power and Distribution System: 1. Electrical service will be extended from power pole to the building. 2. Power will be provided to motors and equipment. 3. Convenience receptacles with ground fault protection will be provided. Lighting: 1. Exterior building mounted securit>' lighting. 2. Recessed incandescent general interior lighting. 3. Recessed florescent lighting in the office. 4. Surface mounted florescent lighting in the mechanical and storage room. Special Systems 1. Emergency and exit lighting. 2. Fire alarm system with smoke detectors 3, Security system with motion detectors and outdoor cameras. Wiring and devices for phone and data New Hope Golf Course February t4. ~ New Hope. MN Revised 2/21100 Revised 315/I)0 Revised 3/7100 {includes alt #1 ) {includes all, 1000 G_e,eral Conditions 70,568 0 0 0 0 3.225 ~_0_0_0_ Si_re_Work 49,038 0 0 0 40.380 111,243 3000 Concrete 29,130 460 460 0 0 0 4_~OQ M_as__on~ 16.620 0 3,t68 0 0 O 5000 Metals 6000 Woods and Ptastics 88 075 0 13,297 0 0 0 7000 Thermal and Moisture 25 5B1 0 4,621 0 0 0 8000 Ooors and Windows 29 734 0 2.304 0 0 0 9--000 Finishes 4t 002 0 672 0 0 0 10000 Spe_cialties 7.005 0 0 0 0 I 0 11000 ~quipment 0 0 0 3.000 0 0 12000 Fumishing~ t_$000 Mechanical 44,200 0 0 0 0 0 16000 Electrical 38,000 0 0 0 0 0 Subtotal 403,669 460 24,722 3,000 40,380 154,848 Eslimaling & Design Contingency 5% 20,183 23 1,236 150 2,019 7,742 Overhead & Prohl 10% 40,367 46 2,472 300 4,036 15,485 Subtotal 464,219 529 28,430 3.450 46,437 ¶ 78,075 Construction Contingency 5% 23.211 26 1.421 173 2,322 8,904 Construction Total: 487,430 555 29,851 3,623 48,759 186,g78 New Hope Golf Course ary t4, 2000 New Hope, MN Revised 2/21160 Revised 3/$100 Revleed 3/?100 DESCRIPTION QUANT. UNIT Umt$ Cost Alt#1-Ftgs. JAIt#2-CanopyJ, AIt#3-Grills J Alt #4 - Entrance J Ait#$-PM'kinll"j (includes alt #1 ) (includes alt #4) Construction Costs: $ 487,430 $ 556 $ 29,851 $ 3,623 $ 48,759 $ t86,978 Administrative Costs SACNVAC By Owner $ 1,100 Builders Risk Insurance See General Condihons Bond Costs $ 12.000 City Fees County Fees (MN Depl el Rec & Trafls) $ Zoning Fees Hazerdous Material Removal Study $ 850 Abatemenl $ FFE Table & Chairs By Owne¢ Off~ce Furmlu~e By Owner K~tchen Equipment By Owner $ Telephone Equ~pmenl 4 ea $ 100 O0 $ 400 Computer 1 ea $ 3000 O0 $ 3,000 Cabling for Television 2800 st $ 0 50 $ 1,400 Securily System 2800 sf $ 3 O0 $ 8,400 Temporary Office 5 mo $ 300 O0 $ 1,500 E & V provided # Topographical Map & Plat $ 2,500 Owners Rep Fee (includes reimbursable expenses) $ 23,850 " Quality Control Testing $ 2,500 Legal Services $ 1,000 City Staff Time NE Fee(TSP One) 92% $ 46,000 $ 51 $ 2,746 $ 333 $ 4,486 $ 17,202 Reimbursable Expenses $ 5,000 Project Total: $ 596,930 $ 607 $ 32,598 $ 3,956 $ 53,245 $ 204,t60 COUNCIL t REQUEST FOR ACTION Originating Department Approved for Agenda Agenda SecUon Community Development 3-27-00 Consent Item No. Kirk McDonald Bv: Director By: , 6. 11 MOTION AUTHORIZING STAFF TO OBTAIN APPRAISAL OF 7105 62ND AVENUE NORTH REQUESTED ACTION Staff is requesting that the Council approve a motion authorizing staff to obtain an appraisal of the single- I family home at 7105 62"'~ Avenue North for potential acquisition and rehabilitation in conjunction with the City's scattered site housing program. POLICY/PAST PRACTICE The City has acquired properties in the past that are in need of rehabilitation on a scattered site basis to mare[am and improve the City's housing stock and to provide first-time home ownership opportunities. BACKGROUND The City has been contacted by the children of the owners of the property at 7105 62"" Avenue North to require if the City has an interest in the property (see attached letter). In 1994, the City cooperated with the owners, Carol and Faye James, of 7105 62nc Avenue North and purchased the rear portion of their property to help facilitate the construction of the handicapped accessible twinhome at 6073/81 Louisiana. The children have contacted the City and indicated that the parents are now deceased, indicated the parents had worked w~th the City in the past, and asked if the City has an interest in the property before they contact a realtor. Staff nas not been inside the home, but the children and c~ty inspectors have indicated the home is in need of some repairs. The General Inspector briefly rewewed the exterior of the property and noted a crushed rock driveway w~th single-car garage. Items needing repair/replacement could include electrical service, roof on house and garage, windows, and siding. The property, located at the northeast corner of the City at the southwest corner of 62"° and Louisiana, ~s located ~n a neighborhood designated in 1992 by the C~ty Council as blighted (see attached resolution/map). The property ~s designated in the Comprehenswe Plan for rehabilitation or redevelopment, and is also located ~n an area where tax increment funds can be expended fcont'd.) MOTION BY SECOND BY TO' f:RFA\ ..... Request for Action Page 2 The property measures 100' x 140' and contains 14,000 square feet. The property contains a one-sto~'~, (~rngle-family home and a detached garage, constructed in 1951. The 1999 taxable market value of the operty is $77,000. Staff is interested in having the property appraised, determining the extent of improvements that may be necessary and potentially acquiring the property for rehabilitation purposes. The City has already completed two housing proiects in the past adjacent to this property: in 1992, the Cit~ acquired and rehabilitated the single family home to the west at 7109 62"~ Avenue and in 1995 the City constructed a handicapped accessible twinhome south of this site. Staff recommends that this may be a good opportunity to make further improvements in this neighborhood. Once the appraisal is completed, staff will return to the Council with a recommendation on the property. FUNDING The average cost of the appraisal on a single-family home is $325 and the appraisal would be paid for with CDBG or TIF funds. If the City would determine to proceed and acquire and rehabilitate the property, CDBG and HOME funds are available for the project. A'FrACHMENTS Letter of Interest Maps 1992 Resolution ~2667 EAST~.~ LI..I r' ¢ ::'- ,.- 7109 62nd &.venue Lr') 710.5 62nd I m I uJ I 0 0 ~) LO _ I~ I (' T ,:c, :'-' I ,'..,.,, ,.:~. 66.?6 a6°'~'2°~. --I00.00 "~' NSO°59'46'W- 0 5 ~' ~._ 6073 Louist--~ Avenue - ['- -- s 30 ,.5'"DRAINAGE 8 UTILITY EASEMENT -'-"".~ - / , - - --166.67 N89°59'46'W .... REQUEST FOR ACTION Ong~ Deparl~ent Approved for Agenda A/lenda SecUon Community Development Consent Kirk McDonald~/v/7-00 Item No. BT': and Phil Kern ~/ // 6.12 RESOLUTION AUTHORIZING PURCHASE OF TAX FORFEITED LAND FROM HENNEPIN COUNTY FOR $422.40, PID 05-118-21 33 0081 and PID 05-118-21 33 0083 ACTION REQUESTED The Resolution authorizes the purchase of two tax forfeit properties from Hennepin County in the amount of $422.40. POLICY/PAST PRACTICE Hennepin County notifies municipalities of tax forfeit property in each respective jurisdiction. The City must respond within 60 days by certified mail if it wishes to acquire the forfeited parcels, The City has acquired small parcels through ttq~s process in the past. BACKGROUND The City was notified by certified ma~l on December 6 of five parcels in the City which are classified as tax-forfeited proper'ties. At the January 10 City Council meeting, the Council requested that Hennepin County establish a purchase price for two parcels and hold the properties for sale to the City The remaining three parcels were conveyed to public action, as there was no public purpose for the C~ty to acquire these parcels. On March 8, Hennepin County responded to the City stat~n!~ the two properties were being held until April 17 for purchase by the City for $422.40. Two of the parcels identified are located along Bass Lake Road near Sumter Avenue (see enclosed maps). One parcel is d~rectly west of the C~ty-owned property at 5559 Sumter Avenue. Th~s property was purchased by the C~ty for redevelopment and the future realignment of Sumter Avenue. The parcel is 1000 square feet (10' x 100'), and borders 5559 Sumter to the west. The second parcel extends to the south from the first parcel and abuts 5537 Sumter, which has been identified as a future redevelopment opportunity. It too is 10 feet wide, and continues 80 feet further to the south The acquisition of both parcels would increase the City's redevelopment potential in the future. AcquIring these parcels now would also prevent the current landowners at 5537 Sumter Avenue and 7801 Bass Lake Road from purchasing the properties, which would make future acquisitions of tl~ese properties by the City more (cont'd) MOTION B~Y SECOND I~Y TO: Request for Action Page 2 3-27-00 expensive. Combined, the parcels encompass a 10-foot wide property extending from Bass Lake Road 180 feet to the south. With the City's acquisition of 5550 Winnetka Avenue (Donut Shop), the acquisition of these two parcels could be used in a future redevelopment should the City continue to p,,:-':hase properties along Bass Lake Road between Winnetka and Sumter Avenues. FUNDING The parcels are located in an area where TIF funds can be utilized for redevelopment and staff recommends that the two remnant parcels be acquired with TIF funds. ATTACHMENTS · 3/8/2000 Correspondence from Hennepin County · 12/6/1999 Correspondence from Hennepin County · Site Maps of Sumter Avenue & Bass Lake Road Area 03/27/00 15:23 JENSEN SWANSON & SONDRALL, P.A. Attorneys/it Law 8525 EDLNBROOK CROSSL-NG, BROOKLYN PARK, MINNESOTA 55443-. ~ 99 TELEI'HONE (612) 424-8811 · TELEYAX (612) 493-5193 E-MAIL jss{~jsspa, com Gov. oor~ L. ~sr~' March 27, 2000 WILL~M G. SWANSON S?~VaN A. SONOV. A~ MARTIn P. C. ALO£~ J~u£ A. ~ Daniel J. Donahue City of New Hope o~ co~v.~ 4401 Xylon Avenue North Lo~'~$ O. ~vsr. rr^v New Hope, MN 55428 RE: L and A Homes Our File No. 99.15050 Dear Dan: The City Council approved the Plat of L and A Homes at its last meeting, subject to, among other things, the developer dedicating a walkway easement along the westerly 5 feet of thc property. Hennepin County has subsequently stated that the easement should not be dedicated on the plat, but instead recorded as a separate easement document. That approach is fine from a legal standpoint, but does require the recording of an easement document immediately after the plat. I have prepared the necessary walkway easement. The easement needs to be signed by the developer, accepted by the City, and recorded immediately after the recording of the plat. Due to the wishes of the developer to record the plat as soon as possible, the enclosed Resolution authorizes acceptance of the easement by the City once a signed easement is obtained from the developer. That way the developer will be able to proceed without being delayed until the April 13 Council meeting for easement acceptance. The City is in effect pre-accepting the easement. Be sure to call if you have any questions. Sincerely, Martin P. Malecha Assistant City Attorney Enclosure 'a'~c~,.~v~'~y ~u" s~.~.,~ cc: Kirk McDonald, Director of Community Development ~,~,~s~ ~,, Valeric Leone, City Clerk *~,~^D~ Steven A. Sondrall, City Attorney 03/27/00 15:23 FA,t. 76~4~a5i~ ..... PERMANENT EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT THIS INDENTURE, is executed on the day of ,2000, between Trinity Land Development, Inc., a Minneso~ corporation (herein "First Party") and thc Ci~ of New Hope, a Minnesota municipal corporation (herein "City"). WHEREAS, First Party is the fee owner of real property located in Hennepin County, Minnesota, legally described as (herein "Property"): Lot 9, Block 1, L AND A HOMES, according to the duly recorded plat thereof; and WItEREAS, the City is desirous of obtaining a permanent walkway easement, over, under and across a portion of the Property, WlTNESSETH; That the First Party, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the City, its successors and assigns, forever, a permanent easement for walkway purposes, including full and free right and authority to enter upon the walkway casement tract and to construct, maintain, and operate a public walkway thereon and therein. The permanent easement for walkway purposes herein granted is situated over, under and across a tract of land in the County of Hennepin and State of Minnesota, described as follows, to- wit: The westerly 5.00 feet of the Property, as measured at right angles to the westerly line of the Property. EXHIBIT A 03/27/00 15:24 FAX 7654935193 J ~ ~ $' A'£1'O~N~Z~ ~ ,~" ~ ~ ~''- Trinity Land Development, Inc., a Minnesota Corporation By: Its By: Its STATE OF ) COUNTY OF ) The foregoing was acknowledged before me this ~ day of , 2000, by and , the and , respectively, of Trinity Land Development, Inc., a Minnesota corporation, on behalf of said corporation. Notary Public This Document was Drafted by: Jensen Swanson & Sondrall, P.A. 8525 Eclinbrook Crossing, ,q201 Brooklyn Park, MN 55443 (612) 424-8811 99.15050 I, the undersigned, being the duly qualified and acting Clerk of the City of New Hope, Minnesota, hereby certify that the Council of said City has duly accepted the foregoing easement. Dated: City Clerk P:kmpm\word docs\cnhkL and A Homes\Walkway Ea,mt 03/27/00 15:23 FAX 7634935193 RESOLUTION NO. 00- RESOLUTION ACCEPTING EASEMENT FOR L AND A HOMES ADDITION WHEREAS, Trinity Land Development, Inc. (the Developer) is the owner and developer of certain real estate located in the City of New Hope, which real estate will be platted as L and A Homes (the Plat); and WHEREAS, this Council approved the plat of L and A Homes as its March 13, 2000 meeting, the approval being conditioned, nmong other thiags, upon the Developer dedicating a five foot walkway easement along the westerly side of the property in the Plat, and WHEREAS, Heunepin County is requiring the walkway easement be done as a recorded easement instead of a plat dedication, and WHEREAS, the Permanent Easement for Construction and Maintenance of Public Improvement attached hereto as Exhibit A and incorporated herein by reference (the Easement) satisfies Council requirement for a walkway easement for the Plat, and WHEREAS, the Easement contains certain duties and obligations on the part of the City, and WHEREAS, it would be in the best interests of the City and its people to accept the Easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That the above recitals are incorporated by reference. 2. That the Easement attached hereto as Exhibit A is approved and hereby accepted. and after the Easement is signed by the Developer, thc City Clerk shall sign the Eascmcnt and affix the City seal thereto, and make arrangements for the recording of the document. Dated this 27~' day of March 2000. W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk ' COUNC11, t 'OR Ac'r oN Originating Department Appwved for Agenda Agenda Secuon Community Development Consent Item No. 3-27-00 ]97': Kirk McDonald B~. RESOLUTION ACCEPTING EASEMENT FOR L AND A HOMES ADDITION REQUESTED ACTION Staff requests that the City Council approve the enclosed Resolution Accepting Easement for L AND A HOMES ADDITION at 7849/7829 49'~ Avenue North, as prepared by the City Attorney. POLICY/PAST PRACTICE At the March 13 City Council meeting, the City Council approved the final plat and PUD plans for L and A Townhomes subject to conditions. BACKGROUND One of the conditions for approval of the final plat was to revise the final plat to show "Drainage, Utility and Walkway easement" along west side of Lot 9, which included a five-foot walkway easement. The developer has made that change per the enclosed revised plat. Hennepin County has notified the developer and the City that they are requiring the walkway easement to be dedicated as a recorded easement instead of a plat declaration. Therefore, the City Attorney has prepared the enclosed Permanent Easement for Construction and Maintenance of Public Improvement, which satisfies the Council requirement for a walkway easement for the plat. The easement will be recorded with the filling of the plat. ATTACHMENTS · Resolution · Easement Document · City Attorney Correspondence · Plat · Resolution No. 00-53 MOTION BY SECOND BY TO: RFA-O01 ~ I W l\a CORNER OF SECTION 8. A ~ ~ (HENNEPIN COUNTY MON~ENT} ~ . ' 2~4.00 589°58'53"W- - --' ~ 49TH AVE. N. t ~ ~ ~8.52 S89~58'53"W ~25.50 I I ~ ~ ~'35.0 6~ [4 E~ST 40.00 ---, ~ ,--- 264.00 S89¢59'24"W 80 j " .... SOUTH LINE .- (x ~ · / cou czz, Originating Depa~ ~t ~p~d for ~e~a ~da Secuon Communi~ Development ~ Consent 3-27-00 Susan Hen~ Item No. ~:Communi~ Development Specialist ~ 6.10 MOTION AUTHORIZING STAFF TO NEGOTIATE THE PURCHASE OF 4179~181 JORDAN AVENUE NORTH (IMPROVEMENT PROJECT NO. 683) REQUESTED ACTION Staff recommends approval of a motion authorizing staff to negotiate the purchase of the propeay located at 4179~181 Jordan Avenue Noah. POLICY/PAST P~CTICE When staff locates a propeay that is in need of rehabilitation and/or an oppo~unity for mte~ntioa/purchase, it is brought to the Council's attention for the City's scattered site housin9 program. BACKGROUND At tae Fe~rua~ 27, 2000, Council meeting, staff was authorized to obtain an appraisal of the propeaies locateO at 4179 and 4181 Jordan Avenue Noah. Each a~Oress is considered an individual housing aa~ ~s a "zero lot line" ~inhome. The appraisal process was initiated as city staff was approached FeDrua~ by the propeay owner with a possible interest to sell. Staff ~as received the recent appraisal and now wishes to present to Council (see attached). Fors~he ~pDra~saJs has aD,raised each propeay, 4179 and 4181 Jordan, at $98,000. Therefore, the total for the C~ty to purchase both addresses is $196,000. accordia9 the appraisal. Staff believes the value is fairly accurate, 9wen the market, and wishes to pursue the prope~ given Council's 9oaJ of prese~in9 t~e C~ty's hous~n9 stock and offering first-brae home buyer o~oaunities. T~e 1999 valuation of the prope~ for tax ~urVoses is S85.000 each unit ($170,000 total) ($16,500 land each unit (S33.000 total)/$68,500 each build~a~ {$~37.000 total). After rehabilitation, the appraiser noted each prope~y ~uld be valued be~een $115.000 and $125,000, depending on the quality, conditions. upgrades, and the market. M~ON ~ S~O~ ~ Request for Action Page 2 3-27-~ ~,Each four-bedroom twinhome, with a gross living space area of 1,560 square feet, is in average condition, according the appraisal report. The property, situated at the intersection of Jordan and Gettysburg Avenues, is in need of noticeable exterior rehabilitation, according to New Hope's General Inspector Chuck Tatro. In a letter dated November 24, 1999, Tatro refers to exterior maintenance needed, including roof, windows, siding, and doors. The appraiser did note "improvements do not conform to the surrounding homes." City staff has not yet reviewed the interior of subject properties, and is not familiar with the scope of the interior rehabilitation. However, the appraiser viewed the interior of both properties and stated "the interior decor has average appeal." Staff believes the properties have excellent potential for the City's scattered site housing program. If acquired, each property could be modestly rehabilitated by a contractor hired by the City and sold to first-time home buyers. In mid-March, staff learned the subject property's next door neighbor, Carol Howland, had an interest in purchasing same subject. Ms. Howland stated the condition of the property has been of concern to her for several years and she would like to remedy the situation herself with her real estate and landlord experience. Ms. Howland has been in communication with a contractor regarding rehabilitation estimates (she has not reviewed the interior) as well as with the property owner about a purchase price. Ms. Howland's intention is to rehabilitate the property and have it continue to be rental property, as it is currently. At this time, the property owner ~s waiting to hear back on the City's interest in the property, and go from there. FUNDING There are Community Development Block Grant (CDBG) and HOME funds available for a rehabilitation project of this nature. This property was specifically identified by staff for the expenditure of surplus CDBG funds prior to the June 30 deadline In addition, proceeds from the sale of the home will go back to fund development costs. Staff has prepqared a prehminary project budget, based on estimates and the appraisal for acquisition price (see attached). A'i-i'AC HMENTS · Map · Forsythe Appraisal's Reports · Preliminary Budget .*.~ r,--'...,, o""-~ ......" . ~...-' "..~" 'f -..__-- :'"~..-.-~ ., ,11 ~3. i'- ..-: ...... i~.~- ,, ~ ~,-- ~. ~ ' . ..~' % .,.~ .." ~ ..--.,-~r'l -'-.,.' .., ,_ ~.-.~'~, x-,-..,,~. .-.-. , ', . -~G~-- ; ...,.'"._c N ' .... ' ~'" '- - -. ,..- · , -. ,.. o-," / \ ,-'~,s-/"-,. ...... ~,~5-' 44,11 ~", : :- ~ ._;~ : / ~' ............ "' ~ ; 4240 , ,~,la~ . · .. ! :- ........- ". _,-,,--,-- .,-,,~ ~ ~D/"'H ! : ~ <:( ~' :'4217~ ' ", L i-Kb.r- umu~,,.., ' ~ n- ·' · RYSTA -. , · "' ".. ' , :,Oz) _~_ : ..... ," ; : -- -r' ~1 ' ' ~' .... ; .... " ' --- .- '. -:. !..,.. - ! ~10~ · ~,30~i ~<)01. : 4164 . ' '. .-~... ~..,.%...,..,a~..._ _-...,~.~.,,-.' :'i '!4157:I ..... : ~ ..... -v.- --4, ~ ..... ,. · ,g,,. \,.... ~,~,~.,.-.,~,,-- ; .' ; · . . ; · · . · a,,'_ .~.¢:~.,"I~' ' ~ ' : ~_; - L. ' :"~ ; : .. ',. ~,;_ ~....,~ ?," '...- ., ._. ;-;-;-'-.~,,,~,. ,~ · ... ..... ; ...... ~ ..... ,.: ,,/.: ~ '. .' .-";48~,1~,~.,.. '3. ..... '-:, ,' · 4'~; : 41~. 4~: 4~ · ~_-.,?,~-. ;, Q~,, .. . , : · , , - , · ~;3'~". :' .... ' ",~ '.,.,!'~'~/ '"" ': ..................... .' ' ' .... - : . ' -,~: a;-- ~ ;4'_~_'~ / 4144 4141 · ' 4144) 4141 4140 ............. '"",~,,,~. ~ . -' ~...-. ~--,,~ *, : o ~' .... : ..... ~.- . ...~ ..... -~ ~ - .. - ,-- ~ · , ~)_, .~..,¢,':;.~ - · .......- ' .......... z ..... ...- ~,~3.~ ......"~.~....~,~. 4.,,,,.z 4~32 .4~:L,JI 4~2'1,: 4~:~..:4~'4 - ~,'s~..~.-.' ..' .-'."' /~.'sT.,L "" ......... " ~ : '~: ,- . .~,,~:~ ,.-' -...y/' .._,~-' .... .~ u~,, 4~"'4 :' ..... :i( ~ .... i .... :~ ;' ' - · . . . .,.- ~,' ..;~.:-'~ . ..; ~'-'. h~. , ,~,**~,. , ~ ....... ! , · '' °' "- ' ' "~%" ~ ' : : I ; ' , .. . ..- . ..,_~.~_ . ---. :. .... · : 411t , '-- : . ' . ,- -:. ................ . . -.: · .,,,.,. _'. . ' -i,nS~'~ .~ . ~--. .... . · 411~ : ....... ~ ; ....... ,.. _~ ~ .... ' .,' ' ., ~.. ·--,.. · .' '. r'-.-'..' ,, t~i~:~;O~ 4100 , ._,~._i ! : . '~..~: .... ,~:,~' '-.,.-.:...~ ',~- -.- oi o,,,,,.. .- ....... : ...... =.- · " ~ · ~(1'"~. ' : ~,,~ : ..... ' ~ ............... · __' ~I,~V · : · '-~"- ," '". .. ~ ....:.' ~ · i ......................... .: lllL~ ...... ,' ............. 1 , i ......i, Li.i ,i ..... ., _ .. :"L'~.. - ' ~ ' ~'~'-/' "~ ........... : .........aKi~"l-.; ~'-';. * : · ;.. ' i. ' /',~"~N.~' ~..,,k'~.~l~' ','" : i ,~ iF ...... T ....... ~ f .............. ~ , ..... .~"-- .' ~""~- '~"~" "-"" .... .,.,...';~, ,....,i--..-.', ,~. · l,J; . I1 ' · . ~I ,:...~.~ .... -; ~' - -} ...... ~ ~- ............ .~ ~ ..... r" T '- '"~e~ ' ', -~ · ~' . .....:- - ,~l~-'..e . r "'"t ...... 4 ;' ....... .-'' -- '. · ...... ; 44)17 .- ; ----" '". ,. '--;,;,%J-" ,~': 1:1. ~ .'~ :':--? .' '~tr-----~ ~ ....~ ...... ; -- ~ -' -~ · 'TU~' ~ ' ' , crxoN Originating Deparm~ent Approved for ~e~ ~mda S~Uon Public Works ~ March 27, 2000 Planning and Developmer It~ No. APPROVAL O~ SCHEMATIC DESIGN ~OR ~UBLIC GAUGE RENOVATIONS AND AUTHOR[~T[ON TO ~RE~ARE P~NS AND SPECIFICATIONS (PRO~ECT NOS. 67~ ANO 679) REOO~STED ACTION Staff is recommeadm9 that Council review, make any necessa~ changes, and then a~rove a ~nal schematic desi9n for the ~ro~osed ~u5Iic ~orks Couaci[ a~proves the schematic ~esigns, sta~ also request that Council authorize ~re~aratioa of ~lans and s~ecs for Pro~ects 67~ and 679. The architects, E~V, and a~endance to review the proposed design. BACKGROUND The Public Works facility was remodeled in 1979 An 1,800 square foot repair shop was included in the original design. The new repair shop addition would have allowed moving all se~ice work ~nto the repair shop area from the pa~ing garage and the outdoom. Because of the existing conditions, some of the larger vehicles are unable to access the repair shop. The current repair shop is only large enough to wo~ on ~o average sized vehicles at a t~me. Therefore, the space is restncted to se~ce worn, sho~ te~ repairs, and police car set-up ~th these space restraints, larger, long te~ projects on equipment are unable to be completed in the repair shop because of the time commitment. Aisc, there are more large pieces of analyzing equipment needed to se~ce and maintain t~e City's vehicles and equipment that is continually becoming more sophishcated Tn~s would ~nclude an anti-freeze reclaimer, a~r conditioner refngerant reclaimer, mult~pte computenzed analyzers, etc. Th~s improvement has been considered on 1991 and 1997. FUNDING Funding for this project is budgeted in the 2000 Capital Improvement Program. A~ACHMENTS Schematic designs are aEached along w~th an estimated budget based on this design. M~ON ~Y S~O~ Outline Specification Foundation: Concrete spread footings with 12" cmu foundation walls Substructures: 6" concrete slab on grade Superstructures: Columns, wide flange; Roof, steel beam, steel bar joists and metal deck: Exterior Closure: Walls: Painted scored 12" emu with 4" insulation inserts Doors: Prefinished metal overhead, Hollow Metal Windows: Anodized operable aluminum Roofing: 5 ply built-up; prefinished metal coping, scuppers and downspouts. Interior Construction: Walls: 12" cmu Wall Finishes: Painted cmu and existing gypsum board Ceilings: Painted exposed structure Floor Finishes: Exposed concrete Doors: 1 hour rated overhead coiling; hollow metal Special Construction: 35.000= litL t~.O00= crane system Mechanical: See Narrate,. e Electrical: See Narrative Mechanical Narrative Plumbing Systems: 1. Move the existing building water service piping and water meter from the mechanical room to the northwest comer of the new garage. Reroute overhead piping in mechanical room to not run over existing and new electrical panels. 2. Move the existing water heater, flue and piping out of the mechanical room to just north of the new wall closing in the mechanical room. 3. Remove the existing piping for the compressed air, cold water, and fluids in the existing repair garage where the south wall will be removed. Provide new overhead piping to two new drop stations along the north wall of the new addition to serve the new repair bays. 4. Remove unused compressed air and cold water piping around the perimeter of the existing repair garage. 5. Remove the trench drain and piping in the repair garage and provide new catch basins with floor drains and piping for the four repair bays. Connect new drain piping to the existing oil/water separator in the parking garage. The new floor drain basins will serve as sand traps with side drain outlets. 6. Provide underground compressed air piping to the new repair bay lifts. 7. Provide one exterior wall hydrant on the northwest wall of the new addition, and provide two new hose bibs inside the new addition. 8. Move the gas meter to the ~est side of the nex~ addition. Fire Protection System: I. Relocate the wet pipe fire sprinkler r~ser from the mechanical room to the northwest comer of the ne~ ~,araoe Add wet pipesprinklcrp~p~ngand upr~ght heads in the new t, ara,,eaddition. 2 Replace fire sprinkler heads in the ex~st~ng repair garage that have been painted. Add fire sprinkler piping and heads m~o thc ex~st~nu small engine repair and tire shops inside the main parking garage. HVAC S?stems: t. Remo~e the four existing vehicle exhau~I ducl~ ~n thc repair garage, and provide a ne~ ~ehicle taitpipe exhaust system to ser~e thc lout rcp:~r b2x s }{ose connections ~aill be pro~ ided at the from and back of the bays to keep clearance l,,r tt:':: crane to operate. The hoses v, itl be rated for high temperature and will ha~e ~all mounlcd ~ roches to raise the 6-inch tubes when not in use. 2 Leave the existing rooftop makeup a~r un~ ~n place and provide new supply ductw'ork and diffusers to discharge air do~n at e~uh~ loci abo~e the floor along the east ~,'all of the existing repair ba~. ~ 3. Remove the existing side~all exhaust lan and ductx~ork on the west wall of the existing repair garage since access will be blocked bx the nc~ s~orage rooms below and pallet storage above. 4. Provide new gas-fired infrared heaters in the four repair bays. The locations will be coordinated with the new overhead crane system to not restrict the crane movement. The existing gas-fired unit heater in the existing repair garage will remain to provide additional heating capabilit3'. 5. Provide two new gas-fired unit heaters near the vehicle doors in the new addition to recover space temperature after the vehicle doors have been opened. 6. Provide one new gas-fired rooftop make-up air unit and one power roof ventilator on the new addition to provide ventilation air at 1.5 CFM per square foot. Make-up and exhaust systems shall be electrically interlocked to operate simultaneously. Units will be controlled by a carbon monoxide sensor, with a manual override time switch. Fresh air will be supplied down 7. Provide six ceiling fans in the new garage addition to circulate air. Fans will be provided with manual speed control switches, which will be located on the east wall of repair bay #4. 8. Modify the control system to turn the existing makeup air unit on low speed when the welding exhaust or the vehicle tailpipe exhaust systems are on. The makeup air unit wild be switched to high speed when the ventilation exhaust fans come on. 9. Leave the existing welding exhaust fan, hood and main ductwork in place, but replace the flexible duct with a 25-foot industrial boom arm. Electrical Narrative Demolition: 1. Disconnect existing building service back to transformer. 2. NSP to remove existing transformer. Power and Distribution System: 1. NSP to provide transformer at new location. 2. Extend electrical service from neg' transformer location to the building. 3. Provide power to motors and equipment. 4. Provide special receptacles for tools and equipment. 5. Provide convenience and ground fault protected receptacles. Lighting: 1. Provide exterior building mounted security lighting. 2. Provide surface mounted HID interior lighting. 3. Provide exit and emergency lighting Special Systems 1 Extend the existing fire alarm sxstem ~nto the ne~ space. New Hope Public Works Building Addition & Renovation I ~ooo ~ 2~0 8[teW~ T~I D~l~n Fo~ ~00 T~ D~ F~e $ ~.~ ~0 ~ To~l D~sion Six $ 8,~.00 7BOQ ~ ~nd Moisture Protection ~000 Do~ and ~n~o~ ~00 T~I D~on N;ne $ 10~.~ T~I O~ls~on Ten T~I Dlv~lon Eleven $ 17,700.00 New Hope Public Works Building Addition & Renovation Adminish al. lye Cost~ SAC/WAC Builders R~k In~n~ $ 7~.~ Bond ~ C~ Fe~ S . ~un~ F~ (MN Dep/of F~c & T~i~) ~n~ F~ H~er~5 Ma~{al Rem~l ~atem~ $ 8~.00 T~le & Cha~ By ~ ~ Fum~ By O~ Te]epho~ Equ~t 0 ea $ 1~.00 ~mpu~ 0 ~ $ 3,~.~ ~lng f~ TeJ~lon 0 ~ S 0.50 To~mphi~ MaD & ~at $ 2,~0.00 ~ ~ F~ (m~ud~ m~m~i~e e~e~s~) $ 15.000_00 E & V L~ S~ $ 2,~0.00 C~ ~ff ~ $ 1,00O.00 ~ Fee R~m~m~te ~ $ 53~00.00 ~p One $ S,~.00 C~m Pmj~ To~l: __ ~,832 New Hope Public Works Building Addition & Renovation 8~hematlc Design DESCR. IPT1ON QUAJ~JliY UNITS CO~'~JNIT E~j~.~i~E~ 1 IDMs O. Delet~ Stmage: $ 9~:)0 Delete Moving t2.000 · Lift: (by owner) $ 2~50 [~=te ~SA00 # Uf~ (fibre) $ 10,833 Revised Poject Total: $ 477.14~ Original 1997 Project Total $ 421 5% Inna~n per year fo~ 3 ye~'s $ 66,452 Adjust~ Tot~ $ 488,038 Crane: $ ~q,400 $ 447.749 SCHEMATIC DESIGN COST ESTIMATE . New Hope Public Works - Reroofing March 20, 2000 ~ .JUILT-UP ROOF ~--' Item Quantity Units Unit Cost Cost Demo BUR Roofing 25.644 SF $ 1.60 $ 42.630 Demo Metal Roof Edge 700 LF $ 1.25 $ 875 3" Polyisocyanurate (R21.74) 26,644 SF $ 1.54 $ 41.032 Tapered Polyiso 40,000 BF $ 0.54 $ 21.600 4 Ply Fiberglass BUR 266 SQ $ 196.00 $ 52,136 Relocate Roof Drains 2 EA $ 500.00 $ 1.000 New Roof Drains 3 EA $1,500.00 $ 4,500 Raise Existing Roof Curbs 15 EA $ 500.00 $ 7,500 Raise Existing Roof Vents 20 EA $ 100.00 $ 2,000 Wood Cant 700 LF $ 1.93 $ 1,351 'Metal Roof Edge 700 LF $ 5.30 $ 3,710 Sub-Total $ 178,334 General Conditions 15% $ 26,750 Overhead & 15~ofit 10% $ 20,508 Estimating ~0niingency 5% $ 11,280 'Design Contingency 5% $ 11,844 Construction Contingency -5% $ 12,436 Construction Cost $ 261,152 Year 2002 Cost (2 yrs inflation) $ 26,768 ._O~ner;s-_Representat,ve Fee ~--- ~5~-000 Architect Fee 14 2% ' $ --37.~8~,' ~A~-chite~t Re,mbursa~tes ~$-- - ~315b~)' Total $ 333.503 PUBLIC WORKS SHOP ADDITION & RENOVATION PROJECT 671 ISSUES REGARDING PROPOSED PROJECT The Public Works Shop addition and renovation was originally considered in 1997, but was not undertaken at that time. While funds have been carried over since that time, inflation has elevated the costs of doing the project at this time. There has been no accounting for inflation in the amount set aside for this project. In addition, a recent inspection of the Public Works Facility by Olson Fire Protection Company, in conjunction with the City's new "Loss Control Program", has identified a deficiency in fire protection in the existing facility. This must be addressed whether the shop addition proceeds or not. Finally, there have been some minor design changes between the 1997 proposal and the 2000 proposal. These changes increase the square footage of the proposed addition but actually reduce the cost of the project by eliminating some changes required in the original proposal. Year 2000 Proposal Proposed 2,160 sq. ft. Building Addition Project Relocate 12,100 lbs. auto lift (by owner) $ 2,350 Delete storage (future by owner) $ 9,500 Delete 35,000 lb. truck lift $10,833 $22,683 $ (22,683.00) $ 477,149.00 Delete Overhead Bridge Crane $29,400 ~; (29.400.00) $ a47.749.00 1oo? Proposed Proiect CIP carryover from 1997 Cost Estimate for 1.800 sq. fl. addition and existing shop renovauon. $ 421.000.00 (Note: There have not been ans' inflat,ona~' ad)ustments over the past three years.) DesLon Chances Between 1997 and 2000 Proposal · 1997 Project included: removing 1.800 sq fl ofexistm~ shop roof and steel bar.joint, raising the walls four (4) feet. and reinstall bar jo~st and roof (Necessary. to allow accesses Io shop for iarge vehicles · Proposed new pro,jeer includes extendm~ Ihe length of one bay by fourteen (14) feet. (.360 sq. ft. ) (Allows accesses for all the large equ~pmen: and vehicles ) ~'~th Thts Desien Chamze: · Not necessary to remove bar joist and roof. reno,,ate existing shop wall height, and reinstall bar.joist and roof. · Not necessary, to raise existing overhead door opening (Door will have to be changed-out to a roll-up fire door for code issues.) ' Installation of Overhead Bridge Crane is a higher prlorlv,.'. · This design change allows for substantial cost savin~,~. PUBLIC WORKS PARKING GARAGE IMPROVEMENTS PROJECT 679 ADDITIONAL ISSUES REGARDING PROPOSED PROJECT The replacement of the Public Works par'king garage roof was originally considered in 1997, but was not undertaken at that time. The existing roof was installed when the building was built in 1979. Also in 1997, the ventilation system in the parking garage was reviewed. In conjunction with the City's new "Loss Control Program", staffhad Olson Fire Protection Company complete an inspection of the Public Works facility after the fa'st of the year. The inspection identified an existing deficiency in the parking garage and in the repair shop. Fire Protection Deficiencies (These repairs to the existing facility are necessary at this time regardless of Improvement Projects 671 & 679.) · The sprinkler heads in the existing repair shop will need to be changed out. (Existing heads have paint on them from over-spray when the ceiling was painted over 15 years ago.) · Two areas in the parking garage, a storage room and the small engine repair shop, have never had sprinkler heads installed. This area is required to be sprinkled. (Spaces were consn-ucted by staff over the last 20 years.) · Very cost efficient to correct these deficiencies in conjunction with the proposed shop addition. Parkino~ Garaee Ventilation · With vehicle and equipment design changes over the years, it appears that the renovations to the ventilation system in the parking garage x~ dI be extensive. (The existing system vents fumes anc~ zases offthe floor Majority of the fumes and gases from the equipment now exhausts through stacks to the ceiling ) · Ventilation renovations will reqmre x~ork on the roof and penetrations through the roof · Cost efficient to make these changes m conlunct~on w~th the proposed shop addition. Replacement Of Parkin.~ Garage Roof · Esnmated 2000 roof replacement cost $306,73500 · CIP carD'over from 1997 Cost Esnma~c l~,r renovation', S 162.00000 · Existing building codes call for a slope on colnmzrclal Ilar roofs. (Existing roof is fiat and will requ,re a tapcred msula~on system be installed to achieve required minimum slopes.) · .kT° ..... complyt, .k~with the. current building codes. , appears that interior roof drains will have to be plumbed .... s ..... parking garage ~d all zx:a::v.g mzz~,:n:zal :.:n:'..c, ~d vents on '&e roof ::'il! need lo be raised to accommodate the change m thc tool insulation slope. Page I of 2 ADDITIONAL OBSERVATIONS Might not be prudent to replace parking £ara~e roof at this time · Existing budgeted CIP funds for this improvement will not support the estimated additional cost. · The required renovations to the ftre protection issues are cost efficient to do now with the shop addition. · The renovations to the parking garage ventilation system are cost efficient to do now with the shop addition. ·Renovations to the ventilation system will impact the integrity of the roof. (Cart ahead of the horse if not completed prior to roof replacement.) · Though the condition of the roof is poor, there are not any leaks and there does not appear to be any areas of major failure at this time. (Would monitor roof over mechanical room closely. Impact ora short term leak in parking garage area would be minimal.) Staff Recommendation · Make necessary renovations to the fire protection system · Have TSP One submit a parking garage ventilation system design. · Make necessary renovations to the ~ent~lanon system. · Have TSP One complete the roof replacement design that will meet required building codes. (This needs to be completed if we are to have accurate cost estimate for a furore project) · With an accurate cost estimate, budget to fund the roof replacement in the next CIP to allow for bidding and construction early m the 5'ear 2002 (CarD' over the unused funds from the Gara,,2'e Improvement Project this year to the next CIP to help supplement the funding m 2002 ~ Page 2 of 2 ADDITIONAL INFORMATION Possible Additional Revenue Source · Estimated surplus with the 2000 Cent]al Garage Equipment CIP purchases and adjustments to date is $87,600.00 (Not all of the budgeted CIP items have been purchased yet. Anticipate remaining purchases will be within or possibly under budget.) Possible Improvements Within Ten Years · Painting the inside of parking garage · Replacing the parking garage concrete floor · The installation ora vehicle wash system that will involve water collection, filtering, and recycling. (Within ten, maybe fifteen years, this will probably be mandated by the EPA.) · Irrigation system for Public Works grounds. · Upgrades of storm drainage system in the north parking lot and in the storage yard on the east side of the building. · Seal coat north lot, back storage yard, and south lot. · Roof replacement in the next ten to fifteen ~ears for the cold storage area. G ~y)X?ubl < ~, or tcsS, hopAddltlon 17,'i' -. New Hope Public "'"~'~ .... New Hope MN D~WINO LEGEND ~il Engineers: ~ON~TR~ ROSENE ~ ..... O¢ ='::== PhoneSt ,.~,.,~,~,,,~,,,,,,,,~ Improvement Project ~ 671 ~-- ~:-~ ~zc: ~,o, ,,,,,.,,,~ SCHEMATIC DESIGN 1::,.,--- _ ?- / ,! i~ ........ 'Ii~~" ~' ~ .... : ..... l--J- , __.,3 ii:_"_: ii:ZiZ!ii::i!Fi:J::Z FZ · ~u~ IIII IIII I F. UEST FOR ACTION Originating Department Apprmmd for Agenda Agenda SecUon EDA Community Development ........ 3-27-0'-0-~ Item No. Eb':Kirk McDonald ~ /// 4 MOTION AUTHORIZING STAFF TO NEGOTIATE WITH PROPERTY OWNER FOR POTENTIAL ACQUISITION OF 8113 BASS LAKE ROAD BY CITY (IMPROVEMENT PROJECT NO. 67'7) REQUESTED ACTION Staff is requesting approval of a motion authorizing staff to negotiate with the property owner for the potential acquisition of the fourplex property at 8113 Bass Lake Road by the City for redevelopment purposes. POLICY/PAST PRACTICE IN 1993, the EDA established a loan program directed at maintaining multi-family rental housing and also has considered the purchase/demolition/redevelopment of targeted multi-family properties in the City, such as Regent Apartments. The new Comprehensive Plan update identifies this property as a potential redevelopment site. BACKGROUND In May 1999, the City received correspondence from the new owner of this property requesting consideration of financial assistance to make improvements to the property, including new roof, windows, exterior doors, drain tile, parking area and landscaping. The property has no garages. The EDA responded that they did not know if the financial investment in the property would be wortt~while and to inquire if the owner would be interested in selling the property, and staff conveyed that response to the owner in correspondence. In February 2000, staff received new correspondence from the owner stating that he is interested in selling the property, with a proposed sale price of $185,000. If the City is not interested, the letter states the owner will sell the building outright. (cont'd.) MOTION BY SECOND BY TO: Request for Action Page 2 3-27-00 At the February 14 EDA meeting, staff requested authorization to obtain an appraisal of the property, which the EDA authorized. The appraisal has now been completed and the estimated market value of the property is $171,000. Staff is requesting authorization to meet with the property owner and potentially negotiate the purchase of the property based on the appraisal and other factors, such as the terms of the leases, which would have an impact on relocation benefits. The building was constructed in 1958 and has a 1999 market value for tax purposes of $136,000 (land $26,000/building $110,000). There is a twin fourplex building located adjacent to this building (8109 Bas5 Lake Road) that is under separate ownership. Both properties are located on the south side of Bass Lake Road, just west of Lyndale Garden Center, and have a shared access off of Bass Lake Road. These properties have been designated in the Comprehensive Plan for either redevelopment or substantial rehabilitation. If the City pursues the acquisition of the property, the plan would be to demolish the structure, potentially acquire the adjacent property, and redevelop the site. The City Manager and Community Development Director have recently met with New Hope resident Duane Reynolds regarding a possible development by Vinland Center/Living Works Ventures of a lodge on the site for individuals with disabilities (see attached information). FUNDING The property is currently not located in an area where TIF funds can be expended, therefore, EDA or CDBG funds would be used to pay for the cost of the A'I-rACHMENTS ~--'"'~ ~--'~q~ Appraisal 1/27/00 Correspondence from Owner 5/12/99 City Correspondence 5/10/99 EDA Minutes 4/24/99 Correspondence from Owner Map/Comprehensive Plan Information Vinland Center Information , --l.~ · '-", ,,-. ~i mo'__ .l~'"-:-I'; · · ..' ~ " ; ;- '. : ! ; . I . ~.....--,.--- I ,._,. .. o.o , :L"'~,~" ---· ~ Iii tJ ,J ,~ · - ! ..' .. ".: j ' '- ............r'-' "~ .......... ~ '--. i~'--,..a,33 i , 5~ A~ ~N_..,. ...... .,_-.:--.-_-,---.,- ..... , - · .~ . ~,-_..._:_, :-i -,' -', : ... ~ - i - ~ ; .. ' ' ' - ~ I ~,~; i- ....... :~ '. ~....,- .... .' ~ g~., t ~ ~--,..: 1 ..p/~K ... : i ...... ,-~,,.,? · \ . ' ~ ~,, I ..... ,'. 'ii,.. I , "'- _ ' ~'"':i, I / I ' = ' '- ..... ~.' :~:: :1k.~/ J -..: l , 1,:,,-' ,:1 /-',-~ I-m,.-_ · ....':.'i~]:l / "~ _..4. , - , .. :.' '...~ . ! I ~ II1~111~ ,,,,~..:-'i~.. "l I//VILLAGE GREEN I! ¢,~-'- .., i / / i t I ~i ~----/', :- GOLF' . ' ' ' ' ' II/ / COURSE J · 6411 -, ."! I I i ' ' .--. ST. THERESE '-" .,.~ J I NURSING : : ~ :_--: / / :: ,: -.~ ~ ,m!. ,. --~l .,~. :: .. .~ ._,. --~'"'~ ~. .... ._ .. ----, ..... : '-:t ...................... !ii ~-:-:;i : ~--~,~ ;, .._.., i .-:: -' ':" · ..... iz~ 8,, : ,. --..0° · : , , , . . ..' : .- ........... ~: '-., ' I~i '' :' "' ' '"'" .......... :-~i'i'" : ' ..._~ . .. . _ ~O~ ? ........ tZ: : "- "-.. , ~ ~ :i. [ ~18 ' , ~ -~'- ~. ,' , :~t: :--:' ............................. ~ .... - ............. :.1 ........... , R HIGH SCHOOL I , I m= ] m.~, ,, J : ' ......... [ ....... !-. : ' ~ : ~8 . ~ ': I ; , · SUNSHINE FACTORY ~'~ RESTAURANT & BISTRO March 23, 2000 City of New Hope 4401 Xylon Ave N New Hope, MN 55428 Attn: Doug Sandstad Dear Doug: Pursuant to our letter of March 13 and conversations with you and Kirk McDonald since then I wanted to assure you that our intention is to remove the fabric canopy and disassemble the metal structure each Fall. We have worked with Hoigaard's to accomplish this and feel confident it will present no problems. Thank you for your aUention to this application. Sincerely, Randy Rosengren CC: Kirk McDonald SINCE 1976 7600 - 42ND AVENUE N©RTH · NEW HOPE, MINNESOTA 55427 · (612) 535-7000 ~ PROJECT BULLETIN #5 , CITY OF NEW HOPE PROJECT BULLETIN #5 1999 INFRASTRUCTURE IMPROVEMENT PROJECT City Project No. 648 Introduction The intent of this project bulletin is to update residents on the status of the 1999 Infrastructure Improvement Project. The project will be completed later this year. Thank you for your patience and cooperation during this project. UI3cominR work Even though all the snow has melted, the streets in the project area will not be swept until late in April when the City conducts its annual spring street sweeping. The street sweeping is scheduled for then so that we are beyond the normal date of the last snow plowing and sanding operation. The wear course, the final layer of asphalt, will be placed on the streets this summer. Allowing the base course of bituminous to go through this past winter season will allow engineers and City staff to detect any soft spots or settling of the subgrade below the street surface. Any needed repairs can then be made before the wear course is applied, resulting in a better final product. The contractor is responsible for the new sod placed as part of this improvement project for the first 60 growing days. Since the sod was placed last fall, these 60 growing days (as defined by MN Dot standards) will expire June 1, 2000. Anything that you, as property owners, can do to help with the establishment of this sod will ensure healthy looking lawns in the future. You are encouraged to water the new sod on a regular basis. When mowing becomes necessary, the cutting height of the lawn mower should be raised for the first few cuttings. Once the sod has been inspected and accepted by the City, it will be the homeowner's responsibility to continue the care and maintenance of the sod that was placed as part of this project. Important note The City has received several calls from residents in the neighborhood stating that they were told that the City would "forgive" part of their water bill because they watered the new sod. Unfortunately, this is not the case. The City cannot reduce or forgive anyone's water bill because they have watered new sod. The City wishes to apologize for any misinformation that may have been provided by individuals working for the contractor. Contact Persons If you have questions or concerns about the street and utility improvement project, please direct your calls to Vince VanderTop, Project Engineer, at (651)604-4790 or Tom Schuster, Contract Manager, at (763)533-4823, ext. 13. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Phone: 531-5100 Mar. 23, 2000 Projects',648\PB~5 3-23-00 PROJECT BULLETIN #1 CITY OF NEW HOPE PROJECT BULLETIN 42"D AVENUE RETAINING WALL CITY PROJECT NO. 657 Overview The City of New Hope is proceeding with the replacement of the modular block retaining wall along the south side of 42"d Avenue between Quebec and Oregon Avenues. The existing wall was installed in 1988. In recent years the blocks have deteriorated badly and the structural integrity of the wall has been compromised. This project includes the removal of the existing wall and the construction of a poured-in-place concrete wall. The cost of the new poured-in-place wall will be shared between New Hope and Hennepin County Proiect Schedule The New Hope City Council awarded the contract for the reconstruction of the wall to Jay Brothers Incorporated at the January 10~ Council meeting. Work on the wall is e×pected to begin the week of March 27% The project will be completed by the middle of summer. During construction, the right eastbound lane of traffic on 42"0 Avenue will be closed between Quebec and Oregon Avenues. Therefore, all traffic on the right lane of eastbound 42"d Avenue (in front of the YMCA) will be instructed to turn right on Quebec Avenue. The left lane will continue to accommodate the through traffic. Traffic movement on Quebec and Oregon Avenues should not be impacted. While the right lane will most likely remain closed throughout the project, the contractor may open this lane periodically, but only if construction scheduling allows. Construction Hours Construction may occur between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday, and 9:00 a.m. and 7:00 p.m. on Saturday. All work, including mobilization of equipment, will take place during these time periods. Contact Persons If you have questions or concerns during the retaining wall project, please direct your calls to the Project Engineer, Jerry Pertzsch, at (651) 604-4895 or Tom Schuster, Contract Manager, at (612) 533-4823, ext. 13. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Phone: 531-5100 Mar, 23, 2000 4401 Xylon Avenue North City Hall: 763-531-5100 City Hall Fax: 763-531-5136 New Hope. Minnesota 55428-4898 Police: 763-531-5170 Po/ice Fax: 763-5~,,~? 7~ www. ci. new-hope.mn.us Public Works; 763-533-4823 Public WOrks Fax: 763-5~ J~55 TDD: 763-531-5109 March 22, 2000 Dear Hidden Valley Park Neighbors/Users, As many of you know the City of New Hope is in the process of developing a master plan for Hidden Valley Park, located at 32"" and Boone Avenue North. This plan will enable staff to appropriately plan for future improvements to the park. The City has hired a park planning firm, Brauer and Associates, to facilitate the meetings and to develop the master plan. The first meeting to gather input from park users took place on March 6"'. At that meeting a number of things were discussed and those are listed on the attached for your review. The next meeting will be April 11~" at 7:00 pm at City Hall, 4401 Xylon Avenue North, in the Parks and Recreation Conference Room. At that time, concepts for the future "look" of this park will be discussed. Staff and consultants want to be absolutely sure that we heard what was said at the March meeting and that when put on paper, these ideas are what people had in mind. After input is received at this April 1 1 meeting, staff and consultants want to share a final draft master plan with park users and the Citizen Advisory Commission to ensure again that we've accurately reflected your input. To that end, the New Hope Citizen Advisory Commission will be presented with a draft master plan for the park on May 15t~, with time again for park neighbors/users input. The City Council is then expected to accept the final master plan at their June 12~ meeting. If you are unable to attend these meetings but wish to give input, please contact me by phone at 531-5152, by mail, or by email at: sfrench@ci.new-hope.mn.us. We all appreciate your time and thoughts with regards to this master plan development for Hidden Valley Park. Resources are precious and we would like to spend them wisely with your guidance. If you know of anyone who may wish to attend but did not receive this letter, please invite them to come along. Sincerely, Shad French, Director Parks and Recreation cc: Daniel J. Donahue, City Manager City Councilmembers *~ *~ ,~-~ For Family Living Family Styled City Hidden Valley Park Master Plan Meeting Minutes (from 1't meeting with neighborhood on 3-6-00) Meeting Notes - Neighborhood Program Ideas: · Trail system - would like improvements made and more loops with wider paths to accommodate multi-users - provide access to school parking lots from trails. · Incorporate educational/informational signage along the trails (i.e.- information on duckweed and other plant species present in pond and wetland areas, etc.). · Like the wooded ravine area of the church, there is a footpath through the trees that is used for walking. · Notice junk down in the ravine, as well as in certain areas of the site. Kids drive up to the park after hours and park off of 34th Avenue by neighborhood, leave garbage around - overall, not too bad of a problem with the users causing trouble. · Neighborhood would like the two ballfields west of the school improved upon and updated with better safety standards. · The third ballfield located in the park site just south of the school is used to practice baseball & softball when it is not wet, though if there were to be additional courts, etc. this would be the place to add them. · No concerns with adding basketball court in the park, if there is room. · A sand volleyball court would be nice. · Neighborhood likes having three tennis courts which are used a lot, but the courts are in need of repair and there is a lot of ground shifting which causes the courts to crack. · There is a desire to have a portable restroom close to the tennis courts and the play area (centrally locate). · There is a desire for more benches on pads along the trails and around the pond - they like the benches that are used in the play area. · Would like a drinking fountain - especially in the vicinity of the play area. · No one seems to use grills. · Concerns with erosion and trees dying along the pond's edge. · Would like to see more vegetative screening along the west edge of the hockey rink by the residential areas. · Neighborhood desires improved hockey rink and drainage system. · Like the idea of creating wider natural buffer around the pond to improve water quality, animal habitat, erosion control and aesthetics. · There is an understanding that the fountain in the pond is for aesthetics only and is expensive to maintain, but it is still liked. · Possibly add some pedestrian lighting around the pond. · Concern about pond getting stagnant in the summer. · Concern about 2 large pine trees that were transplanted a few years ago and are leaning. · Present park shelter building is working fine for its intended uses. On the Firing Line: ~,~a~ laws. However, locally adopted standards may no longer be authorized ii'' they specifically target facilities or structures that are Zoning for Gun-RelatedUses part ora shooting range. ~y Michael Davi&on No Guns in My Back Yard Zonm~ ordinancc~ Cnsur¢ that compatibl¢ land F ew issues haw r¢ccNCd morc a[~¢n6on in rcccn~ d¢cadc~ mmn~ di~[ric~s c~a~ w~ll m{nim~z¢ or prcvcm :hah ~hc imphcat[ons of firearms. Gang-rda~¢d war~r¢~ Conccm~ m'cr ~un-rcla[¢d ¢nt¢rpris¢s include thC buffering and school rampages, and pos~ offic¢ shootings spurred a passionate ~crccmng o(~hoocing ranges for acs[he[it rcasons and m preven~ debate bc~wccn ~hos¢ defending ~h~ ri~h~ m b~ar arms and d~o,~, bullc~ and projccfik-s From l¢aving concerned about ~h~ violCnc¢ in sociCm, Zon/nx ,%'~u,~ will nor ~u~ on firearm noise, d~v~uation of propers' near ~un dcatcrs delve into moral issues or thc s[a~¢ of American cukurc. Radnor, and r,m~e~, ~hc perpetuation o~crimc, ill¢g~ fircarms sales, and ~un [his issue will addrcss thC land-usC requirements of gun-related acc~'~.~ibili~v m minors and persons wkhou[ licenses. enterprises, including firearms dealers and shoo[in~ ran~c~. Is Nothing Untouched by Sprawl? Outdoor shoocin~ ranges have fallen vicnm ~o mcompanNc zoning. A~ d~c coun[~*sid~ succumbs to urbanization and r~rms arc sold m dcvdopcrs, range op~ra~ors find ~h~msdves ~ uncomt~r~ablv close m ~h¢ rcsidcms of n~w subdivisions. ~ Am~ov~d and concerned h~m¢ownCrs, neighborhood ~ a~socia~ions, and town zonin~ boards complain about nm~c ,md related nuisances coming ~om thC n~arbv shoo~in~ range. Mm~ outdoor shoo~in~ ranges arc classified as a?cuI[ur,d. industrial o[ rcc~cammal u~CS, and therefore arc zoned appropriately whcr¢ ~w residential us¢s arc prCscm. Eve~ rhcm a mri~dict~on may. rake extra m~asurcs [o minimize :he m~pac[ Out~oor shootm~ ranges have falden victim to mcompotib}e of thc land usc. For example, Durham, North Carolina, outdoor shoaling ranges a "buffer intensity" classification in the zoning As the countryside succumbs ~o urbamzation and cirx"~ rural zoning district, farms are sold to developers, range operators find Ohio enacted legislation in 1998 to protect owners, themseives uncomfortably close to the residents of new operators, and users of existing shooting ranges t}om zhc ramifications of sprawl. Ranges that were established in isolated res~aent,at subd*visions. ,trca~ years ago came under fire when encroaching residential development lcd to legal action over noise. Supporters of thc Many ordinances eliminate gun dealing in residential areas legislation argued tier protection similar to chat given farmers altogether. ()pponenrs of the dealers argue that "kitchen-table" under Ohio's Right-m-Farm Law. The law provides limited opcrarion~ pose a potential threat ro nearby residents. The immtmitv from civil and criminal liabilin' to persons who o~n, homc~ ,~t ,uch enterprises may not be equi'ppcd with thc stare- operate, ,md usc shooting ranges that are in "substantial of-thc-art ~ccuri~' systems often found in commercial buildings. compii.mcc" with standards established by the Division of Starer'rom gun shops are typically required by ordinance XVi[dlitb in Ohio's Department of Natural Resources. Thc la~k place bar, on thc windows and doors, employ security pr~ hibits courts from issuing injunctions against shooting personnel, and install bulletproof glass. Gun inventories in r,mgcs tbr nuisances it' rhcv find that a range is in substantial smrc~ arc kept in locked cases, accessible to customers only ~ompliancc with 5rate standards. Thc law also affects thc when a trained professional is present. There is also thc risk mazmcr m which local governments can regulate ranges with associated with residential gun dealers who do nor keep mcasurcs such as zoning, sut~clem records or conduct background checks on customers. Thc taxi's greatest ct}~ct is on the "reconstruction, Both offenses violate many state and t~deral laws. c~largcmcnr, remodeling, or repair" of structures or t~ciii~ics chat Municipal ordinances can egectivelv deter ~tchen-table arc p:wt of an existing shooting range. However, ir afters mhumaI operations by requiring a loc~ de~er's license. For example, the protection ~om local regulations addressing the esrablishmcm of dc:flor may be required ~o present proof that the operation exists ~cw dmorinc ranges, which must comply with all existing, local outside a rcsidcn~i~ neighborhood and away from schools, day care ,,rdmances. Under thc new law. all shooting ranges will abide by ~cnrcrs. parb, liquor stores, bars. and other firearms de~ers. All thc gc~craI development standards that apply to all structures m these are~ ~e frequently deemed sensitive by loc~ o~ci~s. a countx' or township. The rules adopted by thc Division of Zoning provisions can restrict firearm dealers to commercial Wildlife for the reconstruction, enlargement, remodeling, or areas. Lafayette, California, requires that dealers first obtain a repair of a shooting range and its related facilities do not preempt land-use permit before opening shop. Applicants must also go Permitted and Conditional Uses for apply for and obtain a land-use permit before conducting Commercial Districts, Pleasanton, California' business in a commercial area. Conversely. indoor ranges are Use CR CR oq cc cs cf c~ listed as permitted uses in the planned industrial districts and ~m ~? the light and heavv industrial districts of Mankato. Minnesota, ,,t,aue stores, ,o f,rea~m soles which requires apl~licants to embark on the somewhat less Xntioue sro ..... th sales of ant,c~ue firearms C difficult process of acquiring a business license, building permit. Catalog s,ores, no firearm sales P P P certificate of occupancy, etc., and complying with any Catalog stores with firearm sales C C C C F ........ ~es c c C performance standards'established by the federal, state, and local governments. Such a process is certainh' less burdensome tbr thc Firearm sales in which no more than lO firearms are stored on site at any one Ume and the C c c c planning staff, as the land-use implications of a permitted usc majority of firearms are sold through catalogs, mail order, or at trade shows, are relatively marginal and the paperwork minimal. G ....iths p p ~' ~' Nonconforming use. The preexisting nonconforming usc, one Shooting Galleries, indoors: with firearm sales C C C which may be referred to as having "grandfather" status, is Sporting goods stores, no firearm sales P V ~ P unavoidal~le for zoning administrators as cultural interests and Spomng goods stores with f,reorm soles C C C IMng sD'les change and cities continue to grow. Despite such · ~. ~ .......... c. c .......... ~,~ conflicts, some of the now "nonconforming" uses will be C ..... ~ ....... ~ c ......... cc. c ...... c ........ cs.~ ...... c ........ c ........ : ........ allowed to stay, albeit with restrictions. Even a minor structural c ............ c ......... modification of a gun facilin' could result in the termination through a public hearing process before the local plan its nonconforming status, as stated in thc Ohio law. Thc owner commission to allow for public input. Still, the land-use permit of a Michigan gun club wanted to expand his building to is not lawful until the applicant secures a local police permit and include a new range. The request was denied because of the meets federal and state licensing requirements. Such measures club's status as a preexisting nonconforming use, and to change have reduced dramatically the number of residential gun dealers or alter the use would violate the law, rendering thc facility throughout the countD'. Oakland, California, passed its own "different" and making it a potential threat to the area with comprehensive gun dealer ordinance in 1992, reducing thc which it was once thought compatible. number of local dealers from 115 to six. Conditional or special use. Subject to tile high standards The owners of some storefront gun shops in Illinois actually of planning and design, as well 'as the general standards lobbied against residential dealers by supporting President established in the ordinance, conditional or special uses arc Clinton's 1994 crime bill, which gave local governments more allowed in districts that do not have them as a permitted usc. regulatory power over gun dealers. Until then, deatcr~ in some These add flexibility to the ordinance by allowing a of Chicago's southern suburbs could hold a permit ~o ~cll previously unwanted land use to be devclnpcd with minimal firearms even if the business was violating a state law or a h,~al negative consequences to neighboring propertics. Zoning ordinance. Shop owners say their support hw thc bill am,c tram boards typically approve a conditional or special osc when con,cms abuut image rather than profits· that usc is compatible with the surrounding area. Present and Banning guns m residential zones was not thc onk future compatibility with the surrounding area i~ an important objective of an ordinance passed in Los Angcic, extremely important consideration that zoning (~ountv, t 2ditbrnia. Requiring gun dealers rtl have a ' tixcd place administrators, who may have the prerogative of designating of ['~tlMllcs~. w}ter,' all licensed actMties will be conducted- help, thc restrictions, should take seriously. Violation at any t~t' thc to eliminate illegal gun sales conducted out of thc trunks at cars. clmdit~or~s could result in a loss of the permit or some other 'Ihc ordinance requires the dealer to be the legal occupant at thc pcnaltx. Any changes, however minor, to grandfathcrcd place o(busincss, which cannot be a United State, p~,,t ,4'15~c outd ....r ranges in Cowlitz County, \Vashington, rcqulrc thc box address tlr a private commercial mailbox. The dealer al,t, isstlant, c ora special use permit, rendering the entire must prove that hc is thc owner, lessee, or other legal ()t.k[Ipdll[ siltllU~t rtl thc standards ora new ordinance. of thc tixcd place of business. An)' subsequent Ii~_c. tlsc- xx ~11 in santa Monica, California. conditional uses tx~hich m,ludc ,pccify thc post office address of the dealer's buslnc .... ~1,, i,ttslness or usc which sells, transfers, leases, of(ers (]ommcrcial districts are certainh' not immune w th~ ,d,~ rt,,cs tbr sale, transfer or lease any firearm tlr reunite{ms banishmcntot'gun-rclarcdenterprises. CulvcrCitx.( .tith.rn;,~ .~::' i .... ltlonwheresuchbusincssispcrmittcd-i max bcgranTcd circulated a petition to adopt a zoning measure entitled ' I h~ ~! t~,: tallowing criteria are met: 5at~: 5chool /.ones ()rdinance of 1999," which would · Ihc proposed usc will not adversely aftcct thc welfare of ,.crtain uses, including gun shops, within 501) tbct ut pubi,, ~c~ghborhood residents in a significant manner. prlvatc schools, regardless of the location. Thc pctlr,m -Not all commercial development isincompatibtcw~th,~h,,,l · Ihcproposed use will not contributc to an undue zones. A proper balance can be reached that enhancc, our ,,mcentration of similar uses in the area. business districts, but without sacrificing the health, xatcr',, and I'hc proposed use will not detrimentally affect nearby well-being of our children in the process." · nctghborhoods, considering thc distance of the usc to Permitted or Not? rc4denrial buildings, churches, schools, hospitals, \Vhen gun-related enterprises are not listed as a usc b~ rlt:ht playgrounds, parks, and other existing similar uses. /permitted use~ in a zoning district, ownersarcrcqu.rcdt~, · Thc proposed use is compatible with existing and potential travcrscthrou,,h~ alcn~thv, . administrative processtt, dctcrmmc uses within the general area. whether thc operation is permissible through an altcrnatc · Thc public health, safety, and general welfare arc protected. measure. Lafavcttc's. gun-related enterprises are not alloxx cd in commercial districts as a permitted use. A firearms dealer must · No harm to adjacent properties will result. · The proposed use is not within 1,500 feet of any other occur only if the ordinance imposed substantial constraints on similar use, any day care facility, or any elementau,, middle, the use of the property as a residence. Prohibiting kitchen-table junior, or high school, gun operations does not severely limit a properQ' owner in enjoying the benefits of selling or renting the home, or Special use provisions for outdoor shooting ranges in New otherxvise living in the home as she wishes. Hanover County, North Carolina, require that: Legislation regulating gun-related enterprises has increased · all shooting areas shall be set back a minimum distance of substantialh' in recent years. Whatever the ~'pe of gun-related 100 feet from any street right-of-way, use. it is clear that zoning laws and other forms of municipal · the firing range shall have a natural earth embankment at least regulation are essential in achieving peaceful solutions. 10 feet high placed behind all targets within the shooting area. · the firing range shall be posted "No Trespassing--Danger-- Shooting Range," ar 100-fbot intervals around the perimeter, o tit D O O R R ~, H O E $? ,~ ~ D ~, R t) $ · at least one qualified individual in the sponsoring club or .~h,,,,t,ng ranges have safety as the prime zoning purpose for organization shall be certified for shooting range supervision, regular,on. Most codes require a minimum site size of 10-20 a~ rcs. Each facilit?' shall adopt safet~ rules and regulations as ,,.ith 20 acres most common. Setbacks of 50-200 feet art' common determined by the sponsoring club or organization, t;,r ,one yards and behind back stops in the line of fire. Buildings · the tiring range shall be covered bv a minimum of $300.000 h)catcd ahead of the tiring line are allowed to be located to thc normal zone yard setback. The site plan must show the Iocatior~ accident and liability insurance, the ilring line or shooting stakes, targets, and backstops and indicate how the backstops are constructed. The backstop must bt' l~al ¥s. I-~thlll an ~'arrh mound or dugout of sufficient dimension to stop Because zoning ordinances originate from a local government's pro~cctiles. The range must be screened and fenced with no gates or police power, which is used to ensure public welfare, legal outlets except as approved on the site plan, to avoid the possibility' challenges to municipal gun regulations may be unsuccessful, ,,t unauthorized persons entering the shooting area and to intercept according to the Legal Community Against Violence. a San and stop prolectiles from leaving the site. The passageway bct,,ccn Francisco-based organization. (More information is available at ~h~ firing point and targets must be enclosed or be tn a trench the group's web site, x~-~vw.lcav.org.) Municipalities can regulate pr~,t~-ct users from proicctiles. An ancillary retail store and snack shop is allowed, sdling or prohibit uses that jeopardize the character or safety of a ctm~enience items and prepared snacks and sands~'iches to patron, residential neighborhood, which may motivate opponents to ot'~t~ shooting range, but no drinks or beer. and short-term rt'nial challenge the municipality under various legal arguments. ,~ firearms and equipment for use onh' on thc premises. Btlildm~ Preemption. A preemption challenge by residential gun ~an have rooms for training m the usc- of fircarm~ but not a~ ,m dealers may face rejection in a court of law. In California. thc ,~d,,,,r ,hooting range unicss approved with thc pcrm,I. legislature authorizes cities and counties to regulate the sale of , ,,.,;~, ~.,.~. z~.,z,,,,,,,.e ~o~,. i~,.,~ .......... d ~,~,~ ..... , ........ ,,~ ........ firearms within communin' boundaries, including decisions ............ ~<~,,g ........ 1, t ........... d Othc ...... d,,,,t Rc* ........... t..c, \,,: I: x.,, about licenses and local fees. State regulations exist as well, , .......... 'r ;-! ..... Reprinted ';,',th p ..................hara, Reed including those that require gun dealers to perform background checks. Preemption over local authority would nor occur simply because a local ordinance prohibiting residential gun dealers Big Box Big Issue "docs not involve firearm registration or licensing." in California Additionally. thc ordinance would not contradict the state's penal code requiring background checks because it does not California is starring out the new.year with a new approach impose an)' permit or licensing requirements on people who local competition for big box retail stores, courtesy of A.B. 1-8. want to purchase firearms tbr their homes or places of business, which passed the General Assembly. last year. Last September. Equalprotectio,. ,An ordinance challenged as violating equal Gov. (;ray Davis vetoed a second law passed by the General prt~tcction will bt upheld if'the court finds that it does not Assembly that targeted big box retailin.,,,~. It would have ~peci~ically target a particular class or compromise a person's prohibited municipalities from approving retail proiects larger basic rights, and as long as there is a logical relationship be~veen than It)0,000 square feet if more than 15,000 square feet of the the ordinance and a valid governmental objective. If an store were used to sell nontaxable merchandise, such as produce. ordinance that bans residential gun dealers has followed irs A.B. 1-8 prohibits local governments from offering intended purpose of maintaining the residential character of a development incentives to retail stores or auto dealers over ncighborht)od, rhcn those arguing that it violates their equal square (cee rhat move from one iurisdicrion to another in the same protection rights will probably not have a solid legal argument, market region. The new law requires that the receiving local A California Superior Court rejected a 1995 equal protection government share 50 percent of the sales tax revenue if the challenge to an ordinance banning residential gun dealers, stating in relocation results in a loss to the cin~ where the business was its order. "The sale o(firearms is not a fundamental right. There is originally located. The resulting tax sharing between municipalities a rational b.zsis for a ban on gun dealers in residential areas and. would be continued for 10 years. According to Davis, the new law accordingly, there is a justifiable exercise of police power." offers a fair approach to dealing with the loss ora large retail store. l,t'erse condemnation. Existing residential gun dealers may State ,-kssemblvman Tom Torlakson. a supporter of the new law, challenge an ordinance if thev think that such regulation ~s'ill says state and local budget crises have forced governments to negatively affect their business. They might argue that this compete over business developments that generate sales tax. would constitute a "taking without just compensation" in Threatened cities must then scramble to come up with an violation of the state and federal constitutions. Still. a cause for investment package or face the relocation of a business to a nearbv action under inverse condemnation should fail. A taking would city. Torlakson previously had taclded this issue unsuccessfully with 3 a bill tided "The Act to End Corporate 'Big Box' Retail Extortion." Community Affairs, and Management Service departments, and He questions whv the public should subsidize a profitable business the headquarters and district offices of transportation that will serve th~ same region and emplo.vment base regardless o£ department and the Northwest and South Florida Water that public subsidy. Torlakson says that he hopes the new law will Management Districts. The second phase will integrate permits. lJeter the use ofpt~blic money to lure retail, licensing, and business approval with the departments of Many local government officials, like Martinez Councilman A,~riculture and Consumer Affairs: Business and Professional Rob Scl~roder, support the new law. According to Schroder, R~gulations: Health: Insurance: Labor: Revenue: and State, and Costco, a wholesale retail establishment that generates the Game and Freshwater Fish Commission. substantial sales tax revenues in Martinez. has asked the ciry for Developers benefit because government agencies must shorten $2 million in tax rebates to help fund a store expansion and the 90-day approval/denial period to 60 days. In addition. parking lot upgrade or it will move to another city. with participat:~ng agencies may offer developers a 25 percent reduction neighboring Concord the most likely. "We'd like to have them in application fees if the online system is used. stay, but we are not going to give that kind ora package," The Office of Management Services will also initialize a Schroder savs. That money, he says, is supposed to help pay for Quick County Designation Program. A county must prove services and' public facilities, the Department of Management Sen'ice that its permit process Concord officials say Costco has looked at sites for has a single point of contact, installing a selection process and relocation, but they maintain that the company has not asked invento .ry of high-prioriD' projects that qualify for an accelerated for incentives and that the city. will not be offering any. review process, list consultants who conduct business in the Al Norman, consultant for Sprawl Busters, a national count).', and provide a timetable for all development permits and advocacy group, says the new law does not go far enough, facilitate interagency coordination for thc permit process. "There are still some incentives that towns can use that are not Bar~, Bain mentioned in the new law," he says. Norman adds that the defined market regions should be greatly expanded and that floor sizes should be reduced for smaller towns. However. Norman still sees the new law as a step in the right direction. "If ~l~R~ports anything, the bill will be an educational tool." he notes. "If you tn' and steal someone's store, you're gonna pa3'." · Jerome (/{e/and Growing Greener: Putting Conservation into Local Plans and Ordinances R, mda/l Arendt. /sland Press, 1718 Con,ecticut Ave., N. ~U. Suite Florida Streamlines .~o0. Washington, DC20009. 1999. 264 pp. S~2. 50. Permit Process Issues of urban sprawl and open space preservation continue to drive the search for better ways of managing land use and Florida has initiated a one-stop permitting system tbr certain crafting zoning ordinances. Arendt discusses techniques for counties and state agencies. The plan calls for thc statc'~ auditing a communit~"s system of land-usc review in order Department of Management Services to create an Intcrnet site choose a desirable future, and delves into the role of the local that allows developers to apply for permits online. Thc site tells comprehensive plan, conservation zoning techniques, and thc developers which development permits are required and intricacies of planning and permitting lbr conservation to contact lbr their particular project, subdivisions. The text is supplemented with examples ami Allowing developers to pay for permits online expedite, th~' &.sign exercises as well as model ordinance language. permit process tbr both the developer and the government agency. Developers will initially be able to apply tbr ~tc plan. Growing to Greatness: Creating America's zomng, and transportation approvals, as well as buildln,,_'. Quality Work Places wetland/environmental resource, surface water, c(,n~tm~ptlvc .Mtwma/Association oflndustrm/a~d Off]ce/b'operties, water-usc, and wastewater permits. (,,',,t~.~/, Manageme,t Task Force. 2201 Cooperatwe Developers are able to apply for these permlt~ with / L', ,~al,,. ~ ~A 20171. Produced u'~t/, ,~ss:stance./5-om participating counties and many state departmcnt~ arid .~?n~c~. /),,',t>, Brookings/nsttturiotl. 1999. 130tip.. sptr,~/hou~/(/. 5~t9. 50 Phase one will include the Environmental Protectl,,n. .V.'t/O/~ member price: $99. 50 no,-members, lS~ck,~ge ,~,~/~, tapes and other materia/s. I'he issue of growth management is spurring all parties z, ,,..,<. ~. .............. ~ ........... t~cr pui,itsncd by th,. A ......... I', .......... '. ...... ... ,nvolved to take a look. includin~ development groups like ~,1: ..... ~< k,,.,,, ~,,,. ....... ' ~",' .... N.-\IOP. whose task force is chaired by land-usc attorney Brian /..,,,,,.. \ ..... p,,~,,.~ .,, ~l,~ 1,,~ ~h~a~ ~,~ x~,k, E~,,0 ..... ~,i ........... Blacsser. The report exhibits a good deal of skepticism about ....... .. I~.=.~ xn-g~ t ...... xl ..... x~ ....... ~.p ........ c,-~,h~ t s~.~, a .............. most growth management, targel)' seeing most growth as ~ ......... I)~,,g,, a,,d ],,,d ........ inevitable, but does credit Portland's regional urban growth , ,,~ ..... ~, .: ...... ~, * ......... pi ....... 5 a ............. 1:e s xl,~? ....... ~ .... boundaries with redirecting growth inward. It also suggests that a~,c' N \\ \\a,}~m.,.:' ...... I)( 2o11~,,, ~-,,= pt ....... gorg regional growth management is iht more effective, if'politically · xli ~,=?,,, ~.,,.,,~e ×,, i ........ h~, p~,~,~ ............. . ~. ~.p~,,~,,.o ..................... , ....... more difficult, than efforts bv individual local governments. ..... mt. ...... 'lc ................ n .....] ....lud,ng ph ........pv,ng ........ 1 ............................ which tend mostly to redirect growth to other parts of thc ., ............. metropolitan area. At the ven, least, this is a thoughtful guide I.~,nt~.d ...... .~,d=a papc, .... iud,ng S,--.,,. ~,'cl~ ~b~'~ ~ that will serve to provoke discussion about what sorts of growth ~,a 1 ...... p ................... ~' ~ management are truly effective and which miss thc mark. 4