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120799 Planning
AGENDA PLANNING COMMISSION MEETING OF DECEMBER 7, 1999 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 99-24 Request for a Conditional Use Permit to Allow Limited Retail Sales in an Industrial Zoning District for Products Manufactured or Processed on the Site, 4301 Quebec Avenue North, Nielsen's Equipment & Design, Inc., Petitioners 5. COMMITTEE REPORTS 5.1 Report of Design & Review Committee - Next Meeting: Thursday, December 16, at 8 a.m. 5.2 Report of Codes & Standards Committee 5.3 Report of Comprehensive Plan Update Committee 5.4 Report of Zoning Code Update Committee - Second meeting scheduled for Thursday, January 20 6. OLD BUSINESS 6.1 Miscellaneous Issues 6.2 Revised 2000 Planning Commission Schedule 7. NEW BUSINESS 7.1 Review/Approval of Planning Commission Minutes of November 1, 1999. 7.2 Review of City Council Minutes of October 25 and November 8, 1999. 7.3 Review of EDA Minutes of October 25, 1999. 8. ANNOUNCEMENTS 9. ADJOURNMENT · Petitioners are required to be in attendance Planning Commission Guidelines for Public Input The Planning Commission is an advisory body, created to advise the City Council on land use. The Planning Commission will recommend Council approval or denial of a land use proposal based upon the Planning Commission's determination of whether the proposed use is permitted under the Zoning Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the surrounding neighborhood. The Planning Commission holds informal public hearings on land use proposals to enable you to learn, first-hand, what such proposals are, and to permit you to ask questions and offer comments. Your questions and comments become part of the record and will be used by the Council, along with the Planning Commission's recommendation, in reaching its decision. To aid in your understanding and to facilitate your comments and questions, the Planning Commission will utilize the following procedure: 1. The Planning Commission Chair will introduce the proposal. 2. City staff will outline the proposal and staff's recommendations and answer any questions from the Planning Commission. 3. The petitioner is 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: December 7, 1999 Report Date: December 3, 1999 Planning Case: 99-24 Petitioner: Nielsen's Equipment & Design, Inc. Address: 4301 Quebec Avenue North Request: Conditional Use Permit I. Request The petitioner is requesting a conditional use permit to allow limited retail sales in an Industrial Zoning District for products manufactured or processed on the site, pursuant to Sections 4.154(1), 4.144(6) and 4.21 of the New Hope Code of Ordinances. II. Zoning Code References The specific standards - 4.144(6) - for limited retail sales in industrial zones are: 1. Area: All sales are conducted in a clearly defined space meeting all requirements for retail sales. 2. Access. The building where such use is located is one having access to at least a collector level street, without the necessity of using residential streets. 3. Hours: Hours of operation are limited to 8 a.m. to 9 p.m. III. Property Specifications Zoning: I-2, General Industrial Location: On the west side of Quebec Avenue 330' north of 42nd Avenue Adjacent Land Uses: I-2 zoning directly to the north and east across Quebec Avenue, B-4 Community Business (Sunshine Factory) to the south of the site, and R-4 apartments (Kings Manor) to the west. Site Area: 265' x 490' = 129,850 square feet (2.98 acres) Building Area: 50,630 square feet (38% floor area ratio) Green Area Ratio: 15,000 square feet (12% green area ratio) (Note: I-1 District does not have a green area requirement) Planning District: District #9; The Comprehensive Plan promotes opportunities for industrial in- place expansion and welcomes new businesses in the City. IV. Background The site was developed in 1970 with the office-warehouse in its present size. No expansion has occurred. The land is generally fiat with four feet of slope from west to east at Quebec Avenue. The only landscaping is a 25-foot wide front yard and 10-foot rear yard behind a cyclone fence. Various owners and tenants have occupied the building in 30 years. Oildyne owned it for the last ten years and moved to the Champion Auto site on Highway 169 earlier this year. Available parking spaces fluctuate as truck dock use changes. A surplus of asphalt and parking has been the prevailing condition. Planning Case Report 99-24 Page 1 12/3/99 V. Petitioner's Comments The petitioner states in their correspondence that they are applying for a conditional use permit to provide a retail sales floor, open to the public, using a minor portion of the building they recently purchased at 4301 Quebec Avenue. The petitioner states in correspondence that "Nielsen's Equipment and Design provides equipment and supplies to all aspects of the foodservice industry. Additionally, our custom fabrication sheet metal shoP also supplies manufactured equipment to a variety of industries, including Forensic Science, Crime Labs, medical testing facilities and many others. We have been in business since 1970 at 6318 Lakeland Avenue North in Brooklyn Park, Minnesota. The majority of our business is the design and fabrication of custom Stainless Steel sinks, cabinets, tables and related items used by the food service industry. We employ Union (local 10) Sheet Metal workers that assemble and install equipment we sell to customers involved in the foodservice portion of our business. Since Nielsen's is a full line dealer, this means we will also have items we have purchased from other vendors in our warehouse or on the show floor awaiting installation by our personnel. Our show floor will occupy less than 10% of our total building area. We intend for our show floor to be open to the public, however, we do not anticipate any large volume of traffic from anyone other than a restaurateur. Our hours of operation for the show floor will be 8:00 a.m. to 4:30 p.m. Monday through Friday. At our present location we have five to ten customers a day. In the renovation of the newly acquired building, we are adding an ADA restroom near the show floor. Our signage for the business will consist of one sign located near the street, attached to and above the existing planter, of approximately 75 square feet. We do not intend to have any leader board or permanent rotating sign at this time. We intend to have a fixed sign advertising our business and what we do. We also will have attached to the building signs indicating "customer parking only," with entrance for the show room through the front door. The outside of the building will be enhanced next spring to include painting the entire building and replacing the existing office shake roof with a new "standing seam metal roof." Prior to our moving in we will have an ADA restroom facility added near the show floor. Outside lighting is existing as indicated on the plan and we do not feel a need to increase the current amount due to hours of operation. We have 26 employees at the present time. We also have four company vehicles and will have designated parking areas for these. Our fabrication and office refuse will be kept inside the building until the day of pickup." The petitioner states on the application that the request should be granted because the business will be an asset to the community, as presently there are no commercial food service equipment retail outlets in the City. VI. Notification Property owners within 350 feet of the property were notified and staff have received no comments regarding this request. VII. Development Analysis A. Zoning Code Criteria 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 Planning Case Report 99-24 Page 2 12/3/99 consideration in determining the effect of such use on the general welfare, public health, and safety. 2. Other general criteria to be considered when determining whether to approve or deny a conditional use permit include: A. Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Municipal Plan of the City. B. Compatibility. The proposed use is compatible with its adjacent land uses. C. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. E. Zonin.q District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: 1) In Industrial Districts {I-1, I-2): a) Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing or future development in adjacent areas. b) Economic Return. The use will provide an economic return to the community and commensurate with other industrial uses that the property could feasibly be used for. In considering the economic return to the community, the Planning Commission and City Council may give weight to the sociological impact of a proposed use, both positive and negative. 3. The specific standards for limited retail sales are met as follows: Area: All sales will conducted in a clearly defined space meeting the requirements for retail sales Access: The building has access to Quebec Avenue, which is a designated collector street. The use of residential streets is not necessary to access the site. Hours: The petitioner will have hours of operation from 8:00 a.m. to 4:30 p.m., which meet the 8:00 a.m. to 9:00 p.m. code requirement. B. Development Review Team (City Staff) On November 17, the Team was supportive of the CUP retail sales concept. They requested more detail in the narrative. Issues discussed included exterior building repairs, clarification on any use of hazardous materials, number of employees, truck access and parking, signage, ADA restrooms, lighting, and multi-family residential property to west and potential noise issues. C. Design & Review Committee On November 18, the Design & Review Committee reviewed and supported the CUP request. The petitioner confirmed that they were the sole tenant of the building. The Design & Review Committee confirmed that a CUP was necessary. The petitioner confirmed one shift operation. The Committee requested details on signage, discussed building repairs, confirmed no hazardous waste, discussed truck docks/shipping on north side of building and parking needs, confirmed no outdoor storage and requested trash storage details on site plan, and discussed lighting, existing landscaping and moving/extending the fence on the west property line to prevent traffic "cut, throughs." Planning Case Report 99-24 Page 3 12/3/99 D. Plan Description The revised plans include the following details: 1. Parkinq: Required parking = 64 stalls Actual On-Site Parking 2 Handicap stalls (at front entrance) 13 Customer stalls (at front entrance) 7'1 Employee stalls (on south, west and north sides of building) 86 Stalls The parking spaces meet/exceed code requirements. 2. Curbinq/Fencing: The existing lot has no curbing. The site plan shows that 25 feet of new chain link fence will be added at the southwest corner of the site to prevent traffic "cutothroughs," per the request of staff and the Design & Review Committee. Staff is also requesting that the rut damage to the lawn in this area be repaired. 3. Landscaping: No additional landscaping is proposed. Five existing shade trees on the east boulevard are shown on the site plan and staff have confirmed that they are in good condition. An existing underground sprinkler system is shown in this area on the plan, along with the existing lawn area. 4. Lighting: No additional outside lighting is planned due to the limited hours of operation. The survey identifies existing wall mounted lights as follows: 2 on south side of building, 2 on north side of building, 2 on east side of building, plus a soffit light at the east entrance. 5. Trash: The site plan indicates that trash storage will be stored in the building. Staff have received an inquiry about existing miscellaneous debris on the property and the general clean- up of the site is listed with conditions of approval. 6. Trucking/Deliveries: Existing truck concourses are shown on the north and south sides of the building and a small truck area is shown on the north of the building to the east. 7. Ground Sign: A new ground sign (5' x 10' oval cabinet) for the single tenant is illustrated, to be mounted on existing brick base planter near Quebec Avenue. City Code requires a setback of 10 feet from the property line and it appears that the setback is not met, however, this is an existing condition. The sign is blue and white and states "Nielsen's Equipment & Design, Inc. Food Service Equipment & Supplies, Custom Sheet Metal with phone number." The size of the sign complies with Sign Code requirements. 8. Showroom: The floor plan depicts the showroom inside the front entrance on the north side of the building. E. Building Considerations Minor interior remodeling is currently underway, including a disability-access restroom between the main entry and the sales showroom. The building is equipped with auto fire-sprinklers. VIII. Summary There are several sites in the City where other limited retail sales in industrial zones have been allowed if the product is manufactured on the site: Lunds Bakery at 4800 Quebec and Hostess (Wonder) at 5130 Winnetka Avenue. Generous parking exists on this site and the products sold by this company have a limited audience of buyers such as restaurant owners, crime labs and medical clinics. Planning Case Report 99-24 Page 4 12/3/99 The argument could be made that the customer base is so small that it is almost not a retail market, but they do accept walk-in customer purchases. Staff finds this request is routine and non-controversial. Staff also is pleased to see a new business moving into the City and purchasing this vacant building. IX. Recommendation Staff recommends approval of the CUP request for Limited Retail Sales, subject to the following conditions: 1. Clarify sign setback from property line or accept as existing condition. 2. General clean up of any debris on property, extend fence at southwest corner, and repair lawn damage. 3.Paint entire building exterior and upgrade office roof within nine months. 4. Complete interior remodeling, including accessible restrooms and parking signs ("Customer" and "Disability"), before requesting a final inspection. Attachments: · Address/Zoning/Topo Maps · Petitioner November29 Correspondence · Revised Plans Title Sheet Site Plan Floor Plan Survey/Data Ground Sign · Application Log Planning Case Report 99-24 Page 5 12/3/99 ..... 49TH AVE N ................. ........ ~ R3 M~ Z ..... ~. ' ..... ~ ~ .~- --.~ =--- R-5 "S~ --~ _ ~ ' ~ : ..... I R0 Re '- . ....... O 46TH AVE[~' - ' '~ B1 Li -...~ ~ _ 43RD AVE N =R-1,"B-2 Re1 ...... ~ ..... ~ .... > .... .... O ~ · ~ ~-~ - i E_$EN,_ ~ Lakeland Avenue N. MinneapOlis, MN 554~8 Phone: (612) 536-9919 ~ EOUIPMENT & DESIGN, INC/ Fax' (612) 536-1239 Building Permit Department City of New Hope 4401 Xylon Ave. No. New Hope MN 55428 11/29/99 Nielsen's Equipment and Design is applying for a conditional use permit to provide a retail sales floor, open to the public, using a minor portion of the building we purchased at 4301 Quebec Ave, New Hope MN. Nielsen's Equipment and Design provides equipment and supplies to all aspects of the foodservice industry. Additionally, our custom fabrication sheet metal shop also supplies manufactured equipment to a variety of industries, including Forensic Science, Crime Labs, medical testing facilities and many others. We have been in business since 1970 at 6318 Lakeland Ave North in Brooklyn Park MN. The majority of our business is the design and fabrication of custom Stainless Steel sinks, cabinets, tables and related items · used by the foodservice industry. We employ Union (local 10) Sheet Metal workers that assemble and install equipment we sell to customers involved in the foodservice portion of our business. Since Nielsen's is a full line dealer, this means we will also have items we have purchased from other vendors in our warehouse or on the show floor awaiting installation by our personnel. Our show floor will occupy less than 10% of our total building area. We intend for our show floor to be open to the public, however, we do not anticipate any large volume of traffic from anyone other than a restaurateur. Our hours of operation for the show floor will be 8:00 a.m. to 4:30 p.m. Monday through Friday. At our present location we have five to ten customers a day. In the renovation of the newly acquired building, we are adding an ADA restroom near the show floor, see permit application attached. Our signage for the business will consist of one sign located near the street, attached to and above the existing planter, of approximately 75 square feet. We do not intend to have' any leader board or permanent rotating sign at this time. We intend to have a fixed sign advertising our business and what we do. We also will have attached to the building signs indicating "customer parking only", with entrance for the show room through the front door. , The outside of the building will be enhanced next spring to include painting the entire building and replacing the existing shake roof with a new "standing seam metal fascia", see permit application attached. Prior to our moving in we will have an ADA facility COMMERCIAL FOODSERVICE EQUIPMENT · FABRICATION ° DESIGN SE~CVfCE SELLS / IELSE 'S ~ Lakeland Avenue N. Minneapolis, MN 55428 Phone: (612) 536-9919 ~ouIPMENT & DESIGN, ~ Fax: (612) 536-1239 . added near the show floor. Outside lighting is existing as indicated on the plan and we do not feel a need to increase the current mount due to hours of operation. We have 26 employees at the present time. We also have four company vehicles and will have designated parking areas for these. Our fabrication and office refuse will be kept inside the building until the day of pickup. .. Please conSider our reqUest. If you have any questions, please contact us. COMMERCIAL FOODSERVICE EQUIPMENT · FABRICATION * DESIGN SERVICE SELLS 4501 QUEBEC AVENUE NEW HOPE MN. ~, I I ! i ! I ~. I i -.: ~=:=~t--~uuu .......... NIELSEN'S EQUIPMENT ,.=~ & DESIGN .INC , I SITE PLAN 4301 QUEBEC AVE. NEW HOPE, MN, I a~l~----~ aog ......... NIELSEN'S EQUIPMENT jr, o 1,,:.~ & DESIGN INC FLOOR PLAN 4301 OUEBEC AVE. NEW HOPE, MN. , r)ere~, ce-t;f,' t~ Nie~$en'~ F, au~me~,; & besigr.. Inc., Tnt ~o~= 491 i~ of the ~tr g00.~ [~t o~ ~ot ~e~ o T,e ~o-t~wes~ come~ o~ which troc: i~ mo~ed ~y c Ju~o~ Lon~ c' so~: come', the R~tnw~t ~e' of w~ ~oc~ is m~ ~ o ~dic~ ~~:~'~ :,*,.:'..'~ ~n~ w~: t~nc tn~ecf at o point ~em ~.7 i~t N~ of Ioi~ c~: ~ '~e ~~ '-..: ~, ' ~o~ens ~ropem~Ce~lficotion of ~Ue NC. 645519) '., ~ the b~noa~,es tn~f. thot this ~ot of ~r~y ~d the meae m accoroonce wi~ 'Min~um St~rd ~to~ Reeu~ts f~ ~TA/A~ k~ ~e ~.' o~ ~int,v ~[abl~eC ~a ~ted ~y ~TA end A~ ~ 199T. ~d ~ Itm 1. (os aooDtea Dy ~TA and A~ ~d in effect ~ the aate of tnia ce~tfica[i~) of ~ U~ ~ocatrnq o' ~oentif~ r~a~ ~t~ o' otn~ r~d AukS[ ~'. 1999 and ~mg ~ee humor ,,ND TITLE SUR ALTA/A~ PARAMOUNT REAL.ESTA't'E COR~TION OILDYN[ BUIL. DI~, SrrE .... 430~ QUEBEC AVENUE NORTH · .1. The ms~,tn~ ,y~tem us~t is I~aa~cl ee ~me~ actium. 2. Tee 'location of ~e un~ergrou '~ ~t.~ttiea ~i.~n ~e~eon, If m3y.: ~are~ ........ " eppPeximote' only. PtJR~J'N~T'TO 'M~:'216D C~NIACT ~ STA~E .-~',.-'~-t- .. ~ i~0,.,. ~,_..--,o X ~ '~ x "' ---.-~'-.-. ~' · a.~ ~ Z o_.,,L, ~o '" ~,,, =, = _---:_ - o ~ o' 5' "~' -- Z -, ._, × ~'~ 0 ~ · o~. a. o ~ m ~.~ ~ _. 0 0 ~D , ~'= ~ o _0..~' 3 '~ T o -- ._ x~= ~ -om -. o ~ ~' .--' "n ' o z -' -o m_~' ~_ -- -- m~ D -' ~ ~ --~ 0 ~ ~ ~'~ 0 ~' o == -. =mR --' ~ ~ o · o ~ D x Memorandum To: Planning Commission Members From: Kirk McDonald, Director of Community Development Date: December 1, 1999 Subject.' Miscellaneous Issues NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional detail on Council/EDA/HRA actions. It is not required reading and is optional information provided for your review, at your discretion. 1. November 8 Council/EDA Meetin.qs - At the November 8 Council/EDA meetings, the Council/EDA took action on the following planning/development/housing issues: A. Proiect #547, Resolution Approvin.q Chan.qe Order #3 to Contract with Hardrives, Inc. for the 42"a Avenue Street and Utility Impr'(~vemer~ts: ApproVed, see attached Council request. B. Resolution Approving Conditional Use License Aqreement with Hennepin County for Use of the County's Electronic Proprietary Data Base (EPDB): Approved, see attached Council request. C. Project #664, Motion Authorizinq Staff to Neqotiate a Purchase of the Property at 5412 and 5410 Winnetka Avenue from Jonathan Pickett, Property Owner: Council granted authorization to negotiate purchase. D. Project #653, Motion Approvin,q Quote Submitted by Pete's Water and Sewer in the Amount of $900 for Cuttinq the Sewer and Water at 5340 Winnetka Avenue: Approved quote. E. Project #612, Resolution Approving Change Order Nos. 3 and 4 for the Construction Contract for 5629 Wisconsin Avenue in the Amount of $1,464: Approved, see attached Council request. F. Planninq Case 99-21, Request for Concept Stage PUD, Rezone from R-1 Single Family Residential to PUD, and Preliminary Plat Approval of 13 Lots by L&A Homes, 7849 and 7829 49th Avenue: Council voted on a motion to proceed with PUD District but allow no more than six units for proposed development, however, the motion failed on a 3:2 vote. Rezoning requires a 4/5ths vote. Subsequent to the Council meeting the developer submitted a concept proposal for eight units. The concept was considered by the Council at its November 15 work session. The concept of eight units was approved, subject to conditions, and referred back to the Planning Commission. The applicant will be submitting revised concept plans in December for consideration at the January Planning Commission meeting. G. Proiect #665, Resolution Awardinq Contract for Demolition of City-Owned Buildinq at 7500 42n" Avenue: Approved, see attached Council request. Contract awarded to Kevitt Excavating in the amount of $26,037. H. Project #653, Resolution Awardinq Contract for the Sale and Removal of House at 5340 Winnetka Avenue: Approved, see attached Council request. Contract awarded to Stubbs House Movers, Inc. in the amount of $2,800. I. Discussion Re.qardin.q Proposal ,, by ~ Ea.qle Crest Northwest, Inc. to Develop City-Owned Property Near 52"d and Pennsylvania Avenues: EDA declined proposal and will leave property as J. Project #666, Resolution Approvin.q City of New Hope 2000-2002 Official Resident Guide/Business Directory Contract: Approved, see attached EDA request. 2. November 22 Council Meetinq - At the November 22 Council meeting, the Council took action on the following planning/development/housing issues: A. Project #612~ Resolution Orderin,q PubliShed Notice and Public Hearinq on Sale of 5629 Wisconsin Avenue: Approved, see attached Council request. - B. Project #660, Resolution Orderinq Published Notice and Public Hearinq on Sale and Development of 8808 41st Avenue: Approved, see attached Council request. C. Ordinance No. 99-09, An Ordinance Amendin.q Application Requlations of Lawn Fertilizers Containin.q Phosphorus: Adopted, see attached ordinance. D. Ordinance No. 99-10, An Ordinance Amendinq New Hope Code Section 14.031 By Increasin.q the Housinq Maintenance Inspection Fee: Adopted, see attached ordinance - effective 1/1/2000. 3. Codes & Standards Committee - Codes & Standards did not meet. 4. Design & Review Committee - Design & Review met to review plans for the retail showroom CUP. 5. Comprehensive Plan Update Committee - The Committee did not meet in November. Land Use Plan has been received from Maple Grove. 6. Zoninq Code Update Committee - The Committee will meet on December 2 to review the first section of the Zoning Code. 7. Miscellaneous Issues: A. City staff continued to work on the following potential developments: 1) Met on 49"~ & Winnetka housing development 2) Keelor Steel expansion - filing expected in future 3) SuperAmerica new construction on Medicine Lake Road/Hillsboro - filing expected in future 4) Continue to discuss Navarre expansion - expect filing in January or February 5) No further action on A.C. Carlson property 6) Avtec application administratively extended until December 7) 36t~ and Winnetka site - several inquiries received 8) 9200 49th Avenue - staff is working with a local business on the portential acquisition of City property and construction of a 30,000 square foot building 8. Bus Benches - Complaint received stating too many benches and advertising along Boone Avenue. 9. 9325 31st Avenue - Enclosed is correspondence sent to Mr. Langenbach informing him that the Planning Commission approved a motion accepting his letter of explanation on the building materials for his garage addition. 10. Project Bulletin - A project bulletin is enclosed for your information regarding 5340 Winnetka Avenue. 11. Miscellaneous Articles - The September and October issues of Zoning News are attached for your information. 12. 2000 Planninq Commission Schedule: The final 2000 Schedule is attached (separately). Please keep this schedule for meeting dates. Please note that the March (caucus) and November (elections) meetings will be held on Monday evening. The July meeting will be held on Wednesday due to the fact that the regular meeting night is a holiday. 13. Elections - Elections for Planning CommissiOn officers will be conducted at the January Planning Commission meeting. 14. Re-Appointments - Three commissioners' terms expire December 31, 1999. Letters were sent too the three commissioners - Adam Kramer, Kathi Hemken, Paul Anderson - in November inquiring if they wished to be re-appointed to the Planning Commission. The City Council will make re-appointments at the December 13 Council meeting. Attachments: 42® Avenue Improvements License Agreement (EPDB)t 5412/10 Winnetka - Negotiate Purchase 5340 Winnetka - Quotes for Cutting Sewer & Water 5629 Wisconsin Avenue Change Orders 3 & 4 L & A Homes Proposal 7500 42® Avenue Award Demo Contract 5340 Winnetka Avenue Award Contract for Sale and Removal of Home Proposal by Eagle Crest Northwest, Inc. 2000-2002 Resident Guide/Business Directory Contract 5629 Wisconsin Avenue Set Public Hearing Date 8808 41st Avenue Set Public Headng date Lawn Fertilizer Ordinance Housing Maintenance Inspection Fee Ordinance Langenbach Correspondence Project Bulletin Miscellaneous Articles 2000 Schedule (separate attachment) FOR ACTION Orlgmatlng ~~mt ~p~ for ~e~a ~da ~uon Public Wo~s 11-8-99 Consent G~y Johnson ~ ~. 8 R~SOLOT]ON APPROVING CHANG~ ~RDER NO. 3 TO CON--CT WiTH HARDR[V~S, iNC., FOR ~HE 42~ AVENOE STREET AND OTILi~ IMPROV~M~NTS (PROJECT 54~) RHOO~STED ACTION Staff is recommending that the Couad] approve a Cha~ge Order for the 42~d Avenue Street a~d Utility improvement Project contra~ with Hardfives, inc. The net result of the Cha~ge Order is a c~edit of $~3,630.03 to the City. BACKGROUND Cha~ge Or, er No. 3 i~ci~des credit for work not constructed on the ~o~h side of 42~ Avenue siace the easements could not be acquired from the prope~y owners. The remainder of the cha~ge order includes miscellaneous claims by the contra~or. These changes are as follows: A. Because the no~h side easements were not acquired, the trees intended for the boulevard were ~ot planted, aad the K Ma~ driveway was not relocated. ~owever, the width of the si~ewa]k on the no~h side of 42~ Avenue, east of Xylo~ Avenue, was/~creased from 5' to 7'. B. Since the pedest~a~ I~ghtin9 was deleted a~d cha~ges to the eie~dc se~ice were made, the wid~g scheme for the imgatio~ system se~ing the media~s had to be modified. The deletio~ of the paving m the Xylon mte~ectio~ caused the pi~ layout to cha~ge as well C. The sto~ sewer layout was modified i~ the field by Hen~epi~ County i~spectors i~ order to ensure soii compaction s~cificatio~s were met. ~is mod/~tion required that the pre-cast manhole cut o~ts had to ~ relocated sJightiy. D. The contra~ ~J~ed for subgrade e~vation/gra~ular bac~l] for stabi]izatio~ of the subgrade. Geote~le fab~c was Placed in Iie~ of the s~bgrade excavation. Request for Action Change Order #3 - Improvement No. 547 November 8, 1999 Page 2 E. Because Northern States Power Company did not complete its work as scheduled, the general contractor had to mobilize his craw one additional time. Compensation for this additional cost will be negotiated with NSP based on the contract between NSP and New Hope. F. The contractor encountered delays and additional work associated with the improvements to the water main in Winnetka Avenue. G. When the original entrances to Gethsemane Cemetery were removed, the granite walk between these entrances was realigned. H. The private electrical power to the City sign in the southwest comer of Xylon and 42~ Avenue was disrupted during the burial of the overhead utilities. The power to the sign was restored. FUNDING The net result of the Change Order is a credit of ($13,630.03) to the City. Funding sources for this project include the Water/Sewer Utility Fund, Storm Water Utility Fund, Joint Water Commission, City Bonding, funds from Hennepin County, Tax Increment Financing, and Assessments. ATTACHMENTS Change Order No. 3 and the resolution are attached. I:R fa~Pubworks~547ChangeOn:ler 3 RF,~U'I~ST FOR ACTION Orlgmactng Deparl3~nt Approved for Agenda Agenda SecUon Community Development~ Consent Susan Henry ~ ) ~1-08-99 ItemNo. .B~. ommunity Development Specialist By:.// 6.10 MOTION AUTHORIZING STAFF TO NEGOTIATE A PURCHASE OF THE PROPERTY AT 5412 AND 5410 WINNETKA AVENUE NORTH FROM JONATHON PICKETT, PROPERTY OWNER (IMPROVEMENT PROJECT NO. 664) REQUESTED ACTION Staff recommends the Council pass a motion authorizing staff to negotiate a purchase of the property located at 5412 and 5410 Winnetka Avenue North. POLICY/PAST PRACTICE Staff normally brings the completed appraisal back to the Council to determine if the City desires to negotiate with the property owner for acquisition. BACKGROUND On September 27, 1999, the City Council authorized staff to obtain appraisal reports for 5412 and 5410 Winnetka Avenue North. The appraisal process was completed by BCL Apprasials. Please find the I October 11, 1999, report attached. 'The 5412 property, which fronts Winnetka Avenue, was appraised at $88,000. The 5410 property, which is situated directly behind 5412 Winnetka, was appraised at $56,000. Combined, the appraised valuation is $144,000. For tax purposes, the 1999 estimated valuation of the subject properties is, as follows: 5412 Winnetka: $72,000 ($22,000 land/S50,000 building); and 5410 Winnetka Avenue: $34,000 ($12,000 land/S22,000 !building). Combined, the estimated tax valuation is at $106,000. Staff does believe both BCL appraisal reports are high. Staff recommends the City meet with the property owner to reach a negotiated sale price, but perhaps offer less than the appraised value. One suggestion is to offer a sale pdce midway between the appraised value and the tax valuation. Staff's recommendation is to start at $125,000 in the negotiations with the property owner. If the owner agrees to a price lower than the appraised value, the difference could be considered as a grant from the property owner to the City (a similar process was utilized for the acquisition of 5629 Wisconsin). Staff will also need to discuss the current status of the rental leases on both properties and will utilize Evergreen Land Services to determine if relocation expenses need to be paid and, if so, how much those expenses would be. MO'nON BY ,~,COND 1~' TO: .... COUNCU~ t 9Y_. tnCST Ac'rxoN I Or~trmtmg Department Approved for A~emia A~enda Section Community Development ~ Consent Kirk McDonald &/!/ 11-8-99 Item No. By:. Phil Kern By:. 6.9 RESOLUTION APPROVING CONDITIONA E LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR USE OF THE COUNTY'S ELECTRONIC PROPRIETARY DATA BASE (EPDB) REQUESTED ACTION -' Staff is requesting Council approval of a resolution approving the continuation of the Conditional Use License Agreement with Hennepin County regarding their Electronic Proprietary Database (EPDB). The resolution authorizes the Mayor and City Manager to execute the agreement. BACKGROUND In 1991, the City Council passed a~Resolution Approving Conditional use Agreement With Hennepin County Regarding Electronic Geographical Digitized Data Base because as part of the sanitary sewer map update the City requested that the County provide the City base map information in a floppy disc format. The County requires governmental agencies to sign a standard COnditional Use Agreement, which allows the City to use the information, but protects the proprietary interest of the County. In March 1999, the City Council approved the license agreement with Hennepin County through December 31, 1999. The agreement approved in March included revisions made to the original 1991 agreement by Hennepin County. This Resolution would continue the most recent license agreement through December 31,2000. Attachments: Resolution Correspondence MOTION BY ...... SECOND BY ,, Request for Action Page 2 11.~, The two subject lots are estimated to measure a combined 22,750 square feet (5412 Winnetka: 11,2b~ square feet and 5410 Winnetka: 11,550 square feet). Both of the subject properties are owned Jonathon Pickett. in mid-September, the City received the attached letter stating "1 am writing in regards to the possible sale of my two houses to the City of New Hope." At that time, staff indicated to Mr. Pickett this will be a VOluntary sale and no relocation benefits will be paid. The City Council has indicated an 'interest in acquiring various properties in this area as they become available for future redevelopment purposes. In June, the City acquired the property located at 5340 winnetka Avenue, measuring 45,561 square feet, for $102,000 from Irene Bauer. FUNDING Acquisition costs will be paid for with tax increment financing (TIF) funds. A'i'rACHMENTS · Map · Letter from Property Owner · BCL Appraisal Reports ,,' ~m~ Dep~ ~t ~p~ for ~a ~da ~cuon communi~ ~ev~lopment ~ .~ Consont Susan Hen~ 11-08-99 It~ No. ~mmuni~ Development Specialist ~ / 6. [ ~ MOTION APPROVING QUOTE SUBMI~ED BY PETE'S WATER AND SEWER IN THE AMOUNT OF $900 FOR CU~ING THE SEWER AND WATER AT 5~0 WINNET~ AVENUE NORTH (IMPROVEMENT PROJECT 653). REQUESTED ACTION Staff recommends approval of a motion approving the quote submi~ed by Pete's Water and Sewer in the amount of $900 for cueing sewer and water at the prope~ line for the prope~ Io~ted at 5340 Winnetka Avenue No~h. POLICY/PAST P~CTICE For this murine item, ci~ staff normally goes out for quotations and recommends the lowest responsible bidder. BACKGROUND In June, the Ci~ purchased the prope~ Io~ted at 5340 Winnetka Avenue No~h. Before the home ~n be removed by Stubbs Building Movers, Inc., there are some essential steps to take. One of those steps is cueing of the water and sewer at the prope~ line. Recently, the Ci~ went out for quotes for this and the following ~o quotes ~me in: Company Quote Pete's Water and Sewer $900 Gene's Water and Sewer $1,500 Pete's. Water and Sewer submiEed the Iow quote in the amount of $900 and staff recommends awarding the work to Pete's Water and Sewer. FUNDING The cueing of the sewer and water will be paid for with tax increment financing (TIF) funds. A~ACHMENTS · Map · Quotations M~ON ~ S~O~ ~ Request for Action Page 2 11q3~,;" ,: ~.' . FUNDING "~,.. "" '~'' The additional change orders be paid for with CDBG funds and/or the proceeds from the sale of the~ home. A'I'rACHMENTS · Map · Resolution · City Attorney Correspondence · Change Orders No. 3 and 4 Originating Deparl~nent Approved for Agenda Agenda Section Community Development / ~1 C:nn.~ent Item No. Susan Henry ~ 1-08-99 -JCommunity Development Specialist 6.12 RESOLUTION APPROVING CHANGE ORDER NO. 3 AND NO. 4 FOR THE CONSTRUCTION CONTRACT FOR 5629 WISCONSIN AVENUE NORTH IN THE AMOUNT OF $1.464. (IMPROVEMENT PROJECT//612) ~,EQUESTED ACTION City staff requests Council approval of the attached routine resolution approving change orders (numbers three and four) in the total amount of $1,464 for the 5629 Wisconsin Avenue housing construction contact. The change orders were reviewed by the City Manager at the time a decision was needed during the construction and pre-sale process. BACKGROUND Change order number three involves additional unanticipated work and includes the additional charge to install sewer to curb instead of to lot line. The existing sewer stub to lot line was transite and the City required the contractor to connect, to the clay tile which was at the curb line. The total cost to the contractor was $1,265; the contractor agreed to split the job cost with the City. The total charged to the City for change order number three: $318. Change order number four was for two items: wiring of rough in condenser lines and electrical supply for future air conditioning in the amount of $510 and providing 2-10 insurance to the buyers, a requirement for the HOME funding, in the amount of $636. The total for change order number four is $1,146. Change orders number one and two totaling $7,460 were approved by the City Council on September 13. To date, the total for change orders is $8,924. Staff feels this is reasonable given the nature of new construction. Staff anticipates the bulk of the changes are completed. Most of the changes do need to be immediately approved so construction can continue. On June 28, the City Council awarded the contract to construct a single family accessible home at 5629 Wisconsin Avenue North to Michlitsch Builders in the amount of $118,900. Landscaping will be completed in the spdng by the City on the property under a separate contract. There is $6,000 budgeted for landscaping. A probable prospective buyer has been identified and staff's goal is to present a ~urchase agreement to the Council before the end of this year. MOTION BY SECOND ~ COUNC~ I I/E UES? FOR A ION ~~g D~~t ~P~d for ~e~a Deve~tScc~°n Communi~ Development & Planning 11-08-99 Item No. ~i~ McDonald p~NNING CASE 99-21, REQUEST FOR CONCEPT STAGE P~NNED UNIT DEVELOPMENT, R~ONE FR~'M R-1 SINGLE FAMILY RESIDENTIAL TO PUD, AND PRELIMINARY P~T APPROV~ OF 13 LOTS BY L & A HOMES, 7849 AND 7829 49TM AVENUE NORTH, LLOYD AND ~ICE VAGLE, PETITIONERS ~MUE~ I~D The petitioner is requesting concept stage planned unit development, rezoning from R-1 single Family Residential to PUD, and prelimina~ plat approval of 13 lots by L&A Homes, pursuant to Sections 4.19, 4.20 and Chapter 13 of the New Hope Code of Ordinances. The following development applications are necessa~ to process the proposed development: Prelimina~ Plat - The developer proposes to combine the ~o existing lots into 12 lots and one common lot or outlot. Rezoning - The developer is requesting to rezone the site to PUD to allow the construction of 12 townhome units. PUD - The project includes a cluster of lots with an integrated site design that provides a private access road, new landscaping and some architectural amenities. The Planning Commission considered the request at the November 1 Planning Commission meeting and, after receiving public input, voted to approve the concept request, subject to a number of conditions including having the Ci~ Council give direction on the densi~ for the site. The affached resolution approves the prelimina~ plat and concept stage plans and rezoning to PUD, subject to the conditions recommended by the Commission. POLICY/PAST P~TICE The Ci~ Council has approved previous PUD housing developments and evaluates each application on a case-by- case basis. BACKGROUND Lloyd and ~ice Vagle are proposing to develop 12 ~inhome/townhome units on ~o existing lots located at the southeast corner of 49~ and Winnetka Avenues. The site is cu~ently zoned R-l, Single Family. 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' ',~,i'-.'" ,.EN,ER'm~'"' ,,,, .~--,.:' ............ -,,, .-".. ~..~. ~ ':~"..i'~"g;: - '.a.-';.~ ' ·- ,.. · !_. -" '~/~ ',,,'"';=~i;'"&; ~ , ,~-..,,. ,~ ,~,, . ,~ ,~,. _ 541'~ ~ AVE N --. Request For Action Page 3 11-08-99 As per routine policy, the preliminary plat was submitted to City Department Heads, City Attorney, City Engineer, utility companies and Hennepin County for review and comment. Hennepin County responded with the following comments: · The developer should create a 10-foot wide easement for sidewalk and roadway purposes along CSAH 156, beyond the current 40-foot right-of-way. This action will accommodate any future upgrading of the CSAH 156/49TM Avenue intersection, as well as utilities, snow storage, signs, etc. · The proposed right turn ingress is acceptable. However, we are concerned about wrong-way exiting movements here. Appropriate on-site signage must be provided to preclude other uses, and will be required via the permit process when construction becomes imminent. Should these movements become a problem, the entrance may have to be closed. The site design should allow for this contingency. · Ail proposed construction within county right-of-way requires an approved Hennepin County permit prior to beginning construction. This includes, but is not limited to access, drainage and utility construction, trail development, and landscaping. Contact our Permits Section at 745-7601 for the appropriate permit forms. · The developer must restore all areas, within the county right-of-way, disturbed during construction. Rezonin~l The change in zoning from R-I to PUD is a policy decision for the Planning Commission and City Council based on whether the proposed medium density residential development is consistent with City objectives with regard to redevelopment and housing. The City may approve the zoning request if it finds that the proposed development fulfills the intent of the PUD zoning district and adequately responds to compatibility concerns that may be presented between this project and the adjoining Iow density neighborhood. The City of New Hope considers rezoning decisions to be a policy matter that are warranted only via a positive response to the following criteria: 1. Has the request resulted from a past zoning mistake? The current R-1 zoning is consistent with the surrounding neighborhood and is reflective of the past Comprehensive Plan. In this respect, the current R-1 zoning is not a mistake. 2. Has the character of the area changed to warrant consideration of a zoning change? The western half of the property is a vacant parcel. The size and location of the site has raised the question as to the appropriateness of the site for Iow density single family development. The west half of the project site was identified in the New Hope Vacant Land Study of 1989. Due to the Iocational and physical constraints of the site, the study recommended a change from Iow density single family land use to a medium density residential land use. New Hope's 1997 Life Cycle Housing Study identified a community need for attached housing (townhomes, twinhomes, cooperative apartments) that offer Iow maintenance, independent housing opportunities. Consistent with the recommendations of the 1989 Vacant Land Study, the 1999 proposed land use plan identified the project site for Iow to medium density residential land use. This land use type was prescribed to offer some development/redevelopment opportunity for this area of the City. Based on the aforementioned planning efforts, the City may find that conditions have changed that warrant consideration of the zoning change. 3. The proposed action is consistent with the goals and policies of the Comprehensive Plan. The proposed project has a density of 7.7 units per acre. The residential density falls within the medium density residential (range 5 - 10 units per acre). The proposed land use plan guides the subject site for Iow to medium density residential land use. The following goals and policies are supportive of the zoning change: Goal 1: Provide a variety of housing types, styles and choices to meet the needs of New Hope's changing demographics. Goal 3: Promote multiple family housing aitematives as an attractive life cycle housing option. Goal 4: A cohesive land use pattern which ensures compatibility and strong functional relationships among activities is to be implemented. 4. The proposed land use is or will be compatible with present or future land uses of the area. The site consists of two over-sized, underutilized single family lots. The following land uses surround the site: Land Use Zonin.q North 49~ Avenue High Density Residential R-4 South Single Family Residential R-1 East Single Family Residential R-1 West Winnetka Avenue/Single Family Residential R-1 Request For Action Page 2 11-08-99 detached garage (900 square feet) exist on the east lot. The proposed four structures are one level, with basements: two twinhomes (4 dwelling units) plus two four-unit townhomes (8 dwelling units) - 12 units. Building areas/unit will be 1,297 square feet for twinhome units and 1,172 for townhome units. A small double garage is attached to each unit. The lot/area ratios for the development are: Green Area = 32,164 square feet (48%) Buildings = 20,145 square feet (30%) Asphalt = 14,808 square feet (22%) Petitioner's Comments The petitioner made the following comments in correspondence to the City: "The present use of the land at the southeast corner of 49u~ and Winnetka is vacant and Iow. The size of the vacant corner lot doesn't lend itself to traditional residential use, as the county wouldn't allow conventional access onto Winnetka. The second lot east is under contract to purchase, with plans to remove the Structures. We are proposing two twinhomes and two quadhomes, both of one level living design with basements. These designs make great use of the land and will appeal to the increasing empty nester market. Many designs for this plat were considered, but few options remained. Because the County would not allow access onto Winnetka, the private road with a one-way entrance off Winnetka seems to be the only reasonable alternative. The setbacks that have been discussed for the project confine the buildable area to the design we are proposing. The price of each single unit should start at $165,000, depending on restrictions and amenities that need to be satisfied. All 12 units will have double garages ranging from 420-480 square feet which allows enough area for trash and recycling containers. The exteriors will be maintenance free with aluminum soffit and facia, upgraded dutch lap vinyl siding and bdck, per plan. Each unit will be self-contained in all mechanicals and utilities. Air conditioning will be in the back and utility connections in the front. All units will have rear concrete patios with freestanding dividing privacy wall between adjoining patios. A privacy fence will be placed on the east property line between the existing single family home and proposed twinhome. Exterior colors feature beige tones with accent trim off white and brick of the same shades. The roof will be weathered wood 240# asphalt shingles with a 25-year warranty. Today's labor market has caused us to look at new and improved construction techniques. We are considering a panelized wall system to provide superior quality and less waste by weather and theft. We have used the panels in our upper bracket homes, as have many other builders. A local example would be Charles Cudd in Golden Valley." The petitioner further states: "The question has been asked, "Why put 12 units on this site?" Economics is the determining factor. The property values in the surrounding area do not justify a higher cost per unit. With a lower density, the cost per unit would have to increase. The greater number of units seems to assure the association more control and power over the long term. We are offering additional housing that is affordable and a better use of the land. The City also gains from the improvements by the increase in tax revenues. In summary, we feel this proposed project and our experience of over five decades in the construction business is going to enhance the community. With our family owned and hands on operation, this should be a pleasant experience for all involved parties." Public Comments Property owners within 350 feet of the property were notified and staff received several calls and office visits regarding the proposed density of the site and had neighbors review the proposed plans. Some surrounding property owners were opposed to the density of the project, as of October 27, and all persons with an interest in the project were encouraged to attend the public hearing. Per the Planning Commission meeting minutes enclosed in the Council packet, some neighboring property owners did attend the Planning Commission meeting and were opposed to the current proposed development. Zonin.q Code Criteria Preliminary Plat The proposed preliminary plat consists of combining the two existing lots into twelve (12) lots and one common lot or outlot. The plat illustrates a subdivision of the townhomes into unit lots. The plat would be knows as "L and A HOMES." The plat illustrates 'lypical lot" dimensions for the duplex and fourplex units as follows: · Duplex units (Lots 5, 6, 11 and 12) = 83 feet in length x 42 feet in depth = 3,486 square feet per lot. · Fourplex units (Lots 1,2, 3, 4, 7, 8, 9 and 10) = 82 feet in length x 38 feet in depth = 3,116 square feet per lot. Drainage and utility easements 10 feet in width must be illustrated on the perimeter of Lot 13 (outlot) and a 15-foot easement will be required over the water main and storm sewer. Each of the unit lots must have a separate utility connection. · Request For Action Page 5 11-08-99 The City Zoning Ordinance requires the following lot area per unit standards: Twinhome =7,000 square feet per unit Townhome = 5,000 square feet per unit The applicant is proposing 12 twinhome units on the 67,317 square foot site. This results in a lot area per unit of 5,609 square feet. The housing type and density were reviewed by the Design & Review Committee which indicated that the proposed density may be acceptable if the site plan demonstrated quality development, high amenity site design and a compatible land use relationship with adjoining single family area. Please refer to the November 3 attached memo from the Planner further clarifying the density issue. There are three stages to PUD approval, concept stage, development stage, and final stage. The applicant is · requesting both concept and development stage consideration. If the zoning is found to be acceptable, the Planning Commission may recommend approval of the PUD concept/development stages subject to the aforementioned conditions. However, if the additional information is necessary or the Planning Commission wishes to review revised plans illustrating the aforementioned recommendations, the concept plan approval alone may be appropriate. Plan Description The plans include the following details: 1. Setbacks - The PUD zoning district requires the following residential setbacks: Required Proposed Front (49th Avenue) 35 feet 35 feet Rear (South) 35 feet 35 feet Side (Winnetka Avenue) 30 feet 30 feet *Side (Abutting R-1 Zoning District) 16.5 feet 19 feet *Setback Between Buildings 14 feet 18 feet Setback from Private Streets 15 feet 20 feet *These setback requirements are based on the building height. The proposed townhomeltwinhome project complies with required setbacks for a residential PUD. The building separation from the single family house to the east has raised compatibility concerns. To reduce the impact of the proposed project, the following design items have been implemented: a) The smaller twinhome I~as been located adjacent to the single family home to reduce the building scale next to the house. b) The twinhomes/townhomes are single story to blend with the neighborhood. c) The buildings meet the required setback from the adjoining R-1 zoning districts. d) The applicant is proposing a six-foot high wood fence to screen the project from the adjoining single family home. e) The applicant has provided details pertaining to patio location and design. In review of the site plan, staff offers the following recommendations pertaining to the east side yard: a) The air conditioning units within the project must be Iow noise producing units that will comply with city noise levels of Section 9.423 and 9.424 of the City Code. b) Additional landscaping should be provided around the air conditioning units to screen the units and help mitigate the noise. 2. Building Design - City staff have expressed issue over the type and quality of the housing units. In response to the recommendation of the Design & Review Committee, the applicant revised their building and site plans. The following review comments are offered pertaining to the building plan: a) All of the townhome/twinhome units are of single story design. b) The applicant has provided brick accents to the front of the residential building and added some exterior detailing and roof variety, resulting in an improved building appearance. Vinyl siding is proposed for the balance of the building. The lack of architectural accents at the back of the buildings emphasize the building size and mass. Staff suggests additional landscaping along the back perimeter of the building to visually reduce scale of the structures. c) The site plan illustrates an 8' x 8' concrete patio at the rear of building along with landscaping at the perimeter of the patios, in review of the patio design, the following issues should be addressed: (1) The PUD plans should illustrate the type of fence or wall that will separate the shared patio on the four-unit townhomes. Request For Action Page 4 11-08-99 ' The site Iocational and P,hthY~,ical characteristics have raised questions as to the appropriateness of the R-1 zoning. Winnetka Avenue and 49 Avenue are major thoroughfares that separate the site from land uses on the north and west. The introduction of the medium density zoning presents compatibility concerns for the adjoining Iow density residential properties to the east and south. Efforts to mitigate the compatibility issues between the different density residential uses include: · AJI building orientation and access from a private street system to control traffic and site access, · The buildings are single story design which blends with the architecture in the area. · The applicant is proposing the use of a fence on three sides of the property to screen the townhomes and to protect the privacy of the adjoining properties. 5. The proposed use conforms with all the performance standards of the Zoning Ordinance. The applicant is requesting a PUD zoning district to gain design flexibility related to density and private streets. This flexibility is not available through a more traditional zoning district. 6. The proposed use (:an be accommodated with existing public services and will not overburden the City's service capacity. The site has immediate access to municipal utilities in 49"~ Avenue that have sufficient capacity to accommodate the 12 proposed residential units. City staff does not foresee any capacity issues related to utilities or public services for the proposed project. 7. Traffic generated by the proposed use is within the capabilities of the streets serving the property. Winnetka Avenue is a minor arterial and 49"~ Avenue is a collector street. Both of the adjoining streets have the capability of accommodating the project's traffic generation. Planned Unit Development The purpose of a PUD is to provide for the grouping of land parcels for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. It is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. It is further intended that PUDs are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities, and harmonious selection and efficient distribution of uses. The processing steps for a PUD are intended to provide for an ordedy development and progressions of the plan, with the greatest expenditure of developmental funds being made only after the City has had ample opportunity for informed decisions as to the acceptability of the various segments of the whole as the plan affects the public interest. The various steps are: 1. Application Conference. Preliminary discussions. 2. General Concept Plan. Consideration of overall concept and plan. 3. Development Stage Plan. One or more detailed plans as part of the whole final plan. 4. Final Plan. The summary of the entire concept and each Development Stage Plan in an integrated complete and final plan. The General Concept Plan provides an opportunity for the applicant to submit a plan to the City showing his basic intent and the general nature of the entire development before incurring substantial cost. This Concept Plan serves as the basis for the public hearing so that the proposal may be publicly considered at an early stage. The purpose of the Development Stage Plan is to provide one or more specific and particular plans upon which the Planning Commission will base its recommendation to the Council and with which substantial compliance is necessary for the preparation of the final plan. The PUD zoning district allows flexibility in land use and site design intended to provide for the conservation of open space through the clustering of building and activities. Further, it is intended that the PUD will result in integrated planning and architecture, joint and common parking, maintenance of open space and other similar facilities and efficient distribution of land uses. The change of zoning and the flexibility offered through the PUD should be given in exchange for an innovative high amenity development proposal. The applicants have provided a narrative description of their project and have emphasized that the costs associated with land acquisition and site redevelopment are higher than if the project was undertaken on vacant raw land. To offset the costs associated with site redevelopment, the applicant is requesting the PUD and increased project density. Project Density - Section 4.192(6) of the New Hope Zoning Code states that within a PUD Zoning DistrJct, the exact density allowable shall be determined by standards agreed upon between the applicant and the City. Request For Action Page 7 11-08-99 be implemented through the Homeowners Ass0ciati0n Declarati°n and Bylaws. The entire project shall be subject to the condition of PUD approvals which will include: a) The City will require that each of the unit lots will own lot 13 in an equal and undivided interest. The ownership pattern insures that each unit maintains a vested interest in the common area. b) The Homeowners Association Article IV, Sections 6 and 7 outline the restrictions on outside storage. No changes to these rules may be made without approval by the City. The applicant has provided draft copies of PUD agreements, including Declaration of Covenants, etc., which are currently being reviewed by the City Attorney. Le,qal Considerations The City Attorney has examined the proposed preliminary plat for L and A Homes and made routine comments (see attached correspondence). En~lineerin,q Considerations The City Engineer has reviewed the plans and made the following comments: The submitted plans identify 12 proposed units with a private drive access. This is a high number of units given the size of the parcel and access limitations. The parcel also has a number of large trees worthy of preservation. The proposed improvements eliminate a majority of the trees. Site Plan 1. It is recommended that the City and the applicant consider improving on the site plan to increase open space, tree preservation, and on-site parking. One simple option could include eliminating units 1 and 2. This will preserve the area with the highest density of trees. Other options could include realigning Virginia Avenue such that trees in the northwest and southeast comers of the plat are preserved. Realigning Virginia Avenue will result in less units on the plat. Winnetka Avenue/Hennepin County 2. The County has indicated that the "right-in" access as shown on the plan would be acceptable. Proper site signage must be provided to assure that this access is not used for movements onto Winnetka. 3. The future reconstruction of the Winnetka Avenue/49th Avenue intersection may result in the addition of a dedicated left turn lane. This will increase the street width to a minimum 60-foot width. A likely street width is 65 feet. The addition of sidewalks will increase the width to 72 to 75 feet. The existing ROW width is 80 feet. The County has recommended that an additional 10 feet of street easement be dedicated. It is recommended that the City further evaluate this requirement. Comparison of this intersection to similar intersections along Winnetka may indicate that the existing 80-foot ROW will be adequate, however, boulevard width would be compromised. Parking/Access 4. The turn-around, hammerhead areas at the south end of Virginia Avenue must be signed no parking. This area is dedicated for turning movements. 5. Parking on the property is limited. Virginia Avenue must be signed no parking. No parking is currently allowed on the south side of 49~ Avenue. Visitor parking is limited. 6. The curb radii appear to be adequate for emergency vehicle access. Grading Plan A number of changes were recommended relating to the proposed grading plan. (see the attached correspondence). Summary The major issues that the Council should focus on are: 1. Is a rezoning to PUD appropriate for this site? 2. If rezoning is appropriate, what is a reasonable density for the site? The Planning Commission felt that rezoning was appropriate, but were split on the number of units that should be allowed. If the developer is willing to reduce the density, staff recommend approval of the concept plan, as this type of housing would meet a housing need identified in the Comprehensive Plan and other recent studies. The conditions of approval recommended by the Planning Commission are as follows: P..lat 1. Incorporate items from City Attorney's correspondence. 2. Add appropriate easements as requested by Hennepin County. 3. Consider Hennepin County's request for sidewalk easements. Request For Action Page 6 11-08-99' (2) The patios do not align with the doorways on the building plans for the four-unit townhomes, The applicant may wish to widen the patio to allow for proper alignment and offer some outdoor living space. d) Garages - City staff questioned the practicality of the garage sizes (380 square feet) shown in the' original building plans. The revised building plans provide larger double garages. Gara,qe Floor Area Ran,qe, Twinhomes 408 square feet to 455 square feet Townhomes 443 square feet to 476 square feet Garage storage is viewed as a premium for the compact site design. The Planning Consultant recommends eliminating the two-foot building jogs created by staggering the garages in favor of larger garages. Through the PUD approval, the City will not permit outdoor storage of trash receptacles, recycling or other miscellaneous items. 3. Landscape Plan - The applicant has provided the following landscape schedule: Key Common Name Quantity Size Root BJ Broadmoor Juniper 3 18-24" 3 gal. GFS Goldflame Spirea 2 18-24" 3 gal. SA Summit Ash 12 2-1/2" B&B GS Goldmound Spirea 76 18-24" 3 gal. AH Annabelle Hydrangea 36 18-24" 3 gal. RM Rose Magnifica 36 18-24" 3 gal. RPW Red Prince Weigela 72 18-24" 3 gal. JSY Japanese Spreading Yew 8 18-24" 3 gal. CS Colorado Spruce 9 3-4' B&B The schedule and plans show that a total of 254 trees and shrubs would be added to the site. In general, the landscaping plan combines a variety of shrubs and two types of trees on site. A number of recommendations were made on the plan. 4. Fencing - The applicant is proposing a six-foot fence around three sides of the project site. A boundary line cedar wood fence with alternate sides is proposed along the east and south property lines. The wood fences are consistent with the existing fences. The applicant proposes a maintenance-free fence along Winnetka Avenue. A detail of this fence should be provided to outline the fence material and design. 5. Lighting - The landscape plan shows four private street light standards (one near 49t" Avenue, one in center of development, and two near the south portion of the development), The plans state that they will be a 400 watt metal halide shoe box Type A light fixture with 20-foot steel poles. The lighting description is consistent with city standards, however specifications and contours are necessary to insure that there is no light spillover to the south residential property. 6. Private Streets/Parking - The applicant is proposing a private street system to serve the proposed subdivision. An 18-foot wide one-way street is proposed to offer right-in access from Winnetka Avenue (Hennepin County will only authorize a right-in access - see County comments). The main private street has a 25-foot width. The following comments offered relate to the private street and parking: a) Hennepin County must approve the access permit for the southern curb cut on Winnetka. The site plan shows proposed signage designating the southern driveway as a one-way street. Additional signage is recommended stating "no exit." b) The applicant has modified the turning radius of the 18-foot driveway into the 25-foot driveway to accommodate a 30-foot single unit truck. c) The 25-foot private street extending south from 49~ Avenue complies with PUD standards. This street will be posted no parking. d) The site plan illustrates four guest parking stalls. These stalls are properly dimensioned and compliant with setbacks. The elimination of the setback between adjoining driveways may provide additional opportunity for off-street guest parking. e) The landscape plan illustrates the location of on-site snow storage areas on the south side of the property. Please refer to the City Engineer's comments on the street width and access and utilities/grading. 7. Homeowners Association - The proposed project illustrates a compact design with density requested through a PUD zoning district that would be greater than permitted in a traditional zoning district. To accommodate the project design, the City will require the following use restrictions as part of the PUD approval. This approval will ~~ DePosit ~P~d for q~a Deve~t~cu°n Communi~ Development & Planning ~irk ~c~onald ~ 8.2 RESOLUTION AWARDING CONTACT FOR DEMOLITION OF CI~-OWNED BUILDING AT 7500 42No AVENUE NORTH (IMPROVEMENT PROJECT NO. 665) ACTION REQUESTED Staff is requesting Council approval of the enclosed Resolution Awarding Contract for Demolition of Ci~- Owned Building at 7500 42"~ Avenue No~h (Improvement Project No. 665). Bids were opened on November 3 and Keviff Ex~vating, Inc. submiEed the lowest responsible bid in the amount of $26,037. POLICWPAST P~CTICE In the past, the Council has authorized staff to work with the Ci~'s consulting engineer (Bonestroo) and environmental fi~ (Noahem Environmental) to prepare plans and specifi~tions and seek bids for the demolition of industrial buildings. This is the same process that was followed when the ~o adjacent industrial buildings (Electronic Industries and Foremost, Inc.) were purchased and demolished. In August, the Ci~ a~uired the prope~ at 7500 42"a Avenue where the Ardel Engineering building is Io~ted. The purpose of the a~uisition was to facilitate the future commercial redevelopment of all three 3arcels at the noaheast quadrant of 42"" and Quebec Avenues. Two of the sites am vaunt, with buildings previously being demolished. With the Ardel prope~, staff is pumuing action on ~o issues: 1) demolition of the building, and 2) working with the MPCA to determine if the groundwater pollution clean- up process ~n be accelerated. At the September 27 Council meeting, the Council authorized s~ff to work with the appropriate ci~ consultants to prepare plans and specifi~tions and seek bids for the demolition of the building and to complete an environmental su~ey of the building. The specifi~tions include the removal of environmentally hazardous material (asbestos, etc.), demolition of the building, removal of the cu~ cut nearest the railroad bddge, removal of the retaining wall, and removal of all parking areas. The specifi~tions require the ~ntmctor to ~mplete the building demolition by Janua~ 14, 2000, and all other work, including restoration, by May 31, 2000. Once the ~ntractor begins demolition of the building, its removal and leveling of the site must be completed within 10 working days from the staa. The ~ntractor also must allow for a ~week period for training exercises in the building by the Police and Fire Depaaments. (cont'd.) Request For Action Page 8 11-08-93 4. Provide a separate utility connection for each unit. 5. Review private driveway on the south side of the property. Site Plan 6. Revise grading plan to provide proper tree preservation measures. 7. Consider eliminating setbacks between driveways of adjoining garages. 8. Obtain appropriate permits from Hennepin County for approval of the private street access to Winnetka Avenue. 9. Utility plan is subject to the review and comment of the City Engineer. 10. Incorporate the grading plan recommendations of the City Engineer. 11. Hammerhead turn-around area and the private drive must be signed no parking. . 12. One-way access from Winnetka must be properly signed to assure that the access is not used for movements onto Winnetka Avenue, Landscaping 13. Increased landscaping along the rear of the buildings to reduce building mass and around air conditioning units. 14. Replace the three Colorado Spruce trees along Winnetka Avenue with six over story deciduous trees. 15, Provide a landscape accent at the comer of 49t~ and Winnetka Avenues designed in accordance with the traffic visibility requirements. 16. Enlarge landscape area north of the private drive to extend to the south end of the fence. 17. Add landscaping accents along Winnetka to break up the fence length. 18. Review type of fence or wall to separate patios on four-unit townhouses. 19. Review tree preservation efforts. Fencing 20. Interrupt or jog the fence at the midpoint along west and east property lines. 21. Provide detail of the fence along Winnetka, including materials and design. Buildin~ 22. Consider eliminating staggered garage fronts to increase garage size by adding two feet to the front of the twinhome garages, if the property area allows. 23. Consider realigning patio with exterior doors. 24. Improve rear elevations and quality of roof coverings. Li~htinq 25. Provide lighting specifications and contours for site Homeowners Association 26. Clarification of common lot issues 27. Common areas to be owned by the unit lots as an equal, undivided interest. 28. City must approve of the Homeowners Association rules and any subsequent changes to the rules. 29. Homeowners dedication shall be subject to review and comment of the City Attorney. Development Agreement and Performance Bond 30. Developer to execute a development agreement with the City of New Hope and submit a financial guarantee as determined by the City Engineer and Building Official. Council Direction 31. City Council to give direction to the Planning Commission as to the density desired for the site. 'ATTACHMENTS · Address/Zoning/Topo Maps · Duplex: Elevations and Floor Plan · 10/21 Petitioner Correspondence · Fourplex: Elevations and Floor Plan · Preliminary Plat · Planner's Memo re: Density · Site Plan · City Engineer Memo/Comments/Exhibit · Landscape, Lighting & Grading Plan · Hennepin County Correspondence · Landscape Schedule · City Attorney Correspondence · Fence Detail · Comprehensive Plan Excerpts Memorandum To= Kirk McDonald, Director of Community Development From: Phil Kern, Administrative Assistant Date: September 20, 1999 Subject: 42nd and Quebec Demolition and Site Clean-up Tentative Schedule September 24: * Bids received for environmental inspection September 27: * Council approval sought to proceed with plans and specifications and bids · Staff meeting with Minnesota Pollution Control Agency on site dean-up methods October: * Determine course for site pollution remediation · Environmental inspection for asbestos completed · Police to use building for training October 20: * Bid announcement to be published November 8: * Return to Council with demolition bids · Fire Department to have 1-2 weeks of use for training December 19: * Ardel building to be demolished by this date November 1999 - March 2000: * Market site, seek redevelopment proposals from developers · Identify a development proposal for purpose of grant Apri! !, 2000 * Submit DTED Contamination Clean-up grant for pollution remediation Request for Action Page 2 11-0~-~ Advertisement for bids was appropriately placed in the proper publications. A pre-bid meeting was held at the site on October 28 and bids were opened on November 3. The following bids were received: Contractor Bid Amount Kevitt Excavating, Inc. $26,037 Landwehr Construction, Inc. $29,713 USD - Minnesota LLC $30,016 Wickenhauser Excavating $32,500 Max Steininger, Inc. $33,320 Ceres Environmental Services $37,966 Veit & Company, Inc. $41,929 The Building Official and City Engineer have reviewed the bids and have found that Kevitt Excavating, Inc. is the lowest responsible bidder in the amount of $26,037. The enclosed resolution accepts the bid and awards the contract and staff recommends approval of the resolution. Staff has also met with the MPCA and Electronic Industries (the responsible party for the pollution on the adjacent site) to discuss an accelerated cleanup plan and Brownfield Grant application once the building is demolished. FUNDING The cost for the demolition will be paid for with 42"d Avenue TIF funds and will be reimbursed at a later date from the proceeds from the sale of the land for redevelopment and/or with grant funds. A'I-I'ACHMENTS · Resolution · Bid Tabulation · Timeline · Excerpts from Specifications Request for Action Page 2 11-08-~ FUNDING The subject property is located in an area where Tax Increment Financing (TIF) funds can be expended. The City Will be paid $2,800 from the house movers and this will be put toward demolition costs. The remaining demolition costs will be paid for with TIF funds. ATTACHMENTS Map · Resolution · City Attorney Correspondence · Contract · Stubbs Proposal COUNCH. I ' RF. T I 'OR ACTION Originating Dep~t ~P~d for ~e~ DeV~t~cu°n Communi~ Development ~ & Planning 11- Susan Hen~ It~ No. ~ommuni~ Development Specialist ~ 8.3 / [RESOLUTION AWARDING CONTACT FOR THE SALE AND REMOVAL OF HOUSE AT 5340 WINNET~ AVENUE NORTH (IMPROVEMENT PROJECT NO. 653) ACTION REQUESTED Staff is requesting Council approval of the resolution awarding the sale and removal of the house at 5~0 Winnetka Avenue Noah. PAST POLICY/P~CTICE Ci~ stuff normally looks at the ~ndition and/or situation of the Ci~-owned home to dete~ine if rehabilitation or demolition is most appropriate. SACK OUN0 IOn September 27, the Ci~ Council considered a motion authorizing staff to proceed with the demolition of the Ci~-owned prope~ lo.ted at 5340 Winnetka Avenue Noah. Rather than demolish both the house and garage, the Council raised the issue of having the house moved off of the site. Ci~ staff has Io~ted a housing moving company, Stubbs House Movem, Inc., that is willing to pay the Ci~ $2,800 to purchase the prope~ and remove the house. Stubbs House Movers anticipates the house will be removed within the ne~ month and a half. A~ached is a ~ntract, prepared by the CiW AEorney, which will be signed by Stubbs House Movers. Staff wil] work with Stubbs to be sure as many trees as possible will be prese~ed on the prope~. A~er Stubbs House Movem removes the house from the prope~, staff will coordinate the demolition of the remaining foundation and associated structures. In June, the Council approved the purchase of the oversized prope~, measuring 45,561 square feet, at 5340 Winnetka Avenue No~h. The prope~ is lo.ted at the intersection of Winnetka and 54t~ Avenues. The back half of this lot, as are many of the lots on the east side of Winnetka Avenue on up to Bass Lake Road, are underutilized. Since the Ci~ acquired the prope~, staff has staaed to brainstorm a number of redevelopment options. A planning grant has been submiEed to the Metropolitan Council's Livable Communities Demonstration Account. (conrd.) M~ON ~ , S~O~ ~ ~: ..... EDA RF_ UEST FOR ACTION Originating DepaxCment Approved for A~Jenda Agenda Section EDA Community Development 11,08.99 Item No. B3~irk McDonald By:. DISCUSSION REGARDING PROPOSAL BY EAGLE CREST NORTHWEST, INC. TO DEVELOP CITY- OWNED PROPERTY NEAR 52N° AND PENNSYLVANIA AVENUES ACTION REQUESTED Staff request to discuss with the EDA a preliminary proposal that has been received from Eagle Crest Northwest, Inc. regarding the potential development of the city-owned property near 52nd and Pennsylvania Avenues to determine if the EDA has an interest in developing this site. POLICY/PAST PRACTICE The City received a concept proposal for the development of this property in the spring of 1998 for a 40° lot attached single-family home development. The City Council conducted a work session on April 20, 1998, (minutes attached) and the majority of the Council responded at that time that you were not interested in developing the parcel with the concept presented and indicated that the land should be left as vacant property. A different developer has now approached the City with a somewhat different concept and staff wants to inquire if the EDA's position on the development of the property has changed or not. BACKGROUND I The City owns the seven-acre vacant parcel south of 52"d and Pennsylvania Avenues and north of the 49~ Avenue railroad tracks. The site is zoned R-l, Single Family Residential, and is identified as a potential Iow density residential development site in the Comprehensive Plan. As the EDA is aware, one of the goals outlined in New Hope's 1996 Housing Action Plan was to identify potential locations where higher value homes and alternative housing options such as medium density units would be appropriate. Another goal identified was to promote a range of owner-occupied housing options, in addition to single-family homes, by encouraging alternative housing types including medium density townhome and twinhome units. Similar goals are outlined in the 1998 Life Cycle Housing Study completed by Nancy Reeves. Excerpts from these studies are attached for your information. The recently adopted Comprehensive Plan Update contains the following residential goals/policies related to this proposal: MOTION BY , SF..COND BY' , , I I I I1! RFA-O01 -' ........... i' .......... : 712:1 : ~ 7001 '. ' ........... ' .... · i ~ ~ , : ........... .; ;. ......,..-'.... L~, .... : ..... : i ......-_z.~"~ ....... ;. ............ i ' -' ', ~ f'". 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"~',~,,i H-'-~.''...~ ' "" --- ' , R-1 Sin e Fam ~-'-- ~ I 1:1-2 Single and ~m.' = . R-5 "Senior / D ---_ .... ,~ ,~: ...__... ..---, ~ ....... __ ~ Request for Action Page 2 11-08-99 Goal 1 Provide a variety of housing types, styles and choices to meet the needs of New Hope's changing demographics. .. Policies: A. Through infill development and redevelopment efforts, increase life cycle housing opportunities not currently available within the City (i.e., high value housing, townhomes). B. Promote medium density attached housing to address the needs of an expanding empty nester or independently living elderly population. C. Continue the City's efforts to provide special needs housing for people with vadous types of disabilities. Several months ago representatives of Eagle Crest Northwest, Inc. and Land For Sale, Inc. met with city staff to inquire about residential development/redevelopment opportunities in New Hope. Staff provided them with information on several properties and identified vadous gaps in the City's housing stock. They responded with the attached preliminary proposal to fill the needs for owner-occupied housing for the 55+ age group and those needing accessible housing. They have had their engineer prepare a preliminary site plan for 30 one-level townhouse units in seven 4-unit buildings and one 2-unit building. The units are designed for the empty-nester population. Model floor plans show that each unit would be approximately 1,500 square feet in size and the homes would sell in the $135,000 range. Staff have estimated that townhome units in this price would generate approximately $1,625 per unit in taxes per year or $48,750 for 30 units. This would equate to approximately $12,000 in additional tax revenue that would be returned to the City. Eagle Crest builds about 200 townhomes per year and recently completed a project in Shorewood. Representatives from Eagle Crest will be present at the EDA meeting to answer questions about their proposal. They are not requesting any financial assistance from the City at this time. Staff requests that the EDA again consider whether or not you would favor the development of this property or not, in light of the new proposal. If the EDA is interested in this proposal or in developing the property in general, staff recommends that an appraisal be completed on the property to determine the value of the land. A'I-rACHMENTS · Location Map · Eagle Crest Proposal · Comprehensive Plan Excerpts · Housing Action Plan Excerpts · Life Cycle Housing Study Excerpts · 1998 Council Minutes } LAND FOR LAND FOR SALE, INC. SALE. INC.A real estate company specializing in land. Laurie E. Karnes, Broker P.O. Box 1958, Maple Grove, MN 55311 Phone: (612)420-4757 Fax: (612)420-9792 September 27, 1999 Daniel J. Donahue, City Manager City of New Hope ... 4401 Xylon Avenue North ~ New Hope, MN 55428 Dear Mr. Donahue, We'd like to help the City of New Hope fill the need for owner-occupied housing for the 55 + age group and those needing accessible housing. I represent Eagle Crest Northwest, Inc. Eagle Crest builcls about 20~ townhomes a year and are excited about the possibility of building in New Hope. We have met with Kirk McDonald and Doug Sandstad regarding your "Pond Place" site, walked the proper~y and had our engineer do a preliminary layout for 30 townhouse units. We provided Doug with a set of blueprints for the Townhomes. Kirk and Doug had suggested zoning for Elderly Housing which is great for Eagle Crest. These townhome units are designed specifically for Empty Nesters. They offer one level living and are designed for easy upgrades for handicapped residents. The homes are projected to sell in the $135,000 range and are pictured on the back of the enclosed color brochure. Doug and Kirk told us about a previous proposal for Pond Place. However, it didn't appear that the previous builder specifically addressed your 55+ and accessible housing needs. Eagle Crest does. Eagle Crest is willing to pay market rate for the land with no public assistance. We'll bring you a beautiful development that will provide needed housing choices to your current 55 + and handicapped residents. Please call me to see how we can best move this proposal forward. Sincerely, Laurie E. Karnes, Broker LAND FOR SALE, INC. enc: Eagle Crest brochure, traffic study, site plan, brochure from Shorewood Ponds cc: Kirk McDonald and Doug Sandstad. Request for Action Page 2 11-08-99 It is recommended that 12,000 be printed for the 2000 guide; 8,500 will be directly mailed to businesses and residents and the remaining copies will be available for on-going random distribution. FUNDING There are adequate funds budgeted in the 1999 and 2000 EDA budgets' to cover this expense. ATrACHMENT · Resolution · Contract with planet Publications EDA II [ xt . U ST Acrxo Or~tnattng Depa~ L~ent Approved for Agenda EDAAgenda Sect. ton Community Development Susan Henry 11-0~-9~ Item No. t/~Community Development Specialist By:.// ,,5 / RESOLUTION APPROVING CITY OF NEW HOPE 2000-2002 OFFICIAL RESIDENT GUIDE/ BUSINESS DIRECTORY CONTRACT (IMPROVEMENT PROJECT NO. 666) ACTION REQUESTED Staff recommends EDA approval of the attached resolution and contract with the McNulty Group, Ltd., d/b/a Planet Publications for the City of New Hope 2000-2002 Official Resident Guide/Business Directory. The City Attorney has reviewed the contract and prepared the enclosed resolution. POLICY/PAST PRACTICE Staff normally bdngs contracts/agreements to the EDA for final approval prior to execution. BACKGROUND The enclosed resolution approves the proposal submitted by Planet Publications to produce the City of New Hope 2000-2002 Official Resident Guide/Business Directory. The EDA gave concept approval for an updated guide at the October 11 meeting. City staff will begin work on the directory in November and prepare for a release in the spring of 2000. In 1998, the Resident Guide and Business Directory was the first attempt at putting the City's most requested information under one cover. At this time, the information contained in the first edition is becoming outdated. When the edition was printed, it was assumed the shelf life would be approximately two years. Planet Publications produced the 1998 edition. City staff was pleased with the quality product produced by Planet Publications and strongly recommends the company for the 2000 guide. A base fee of $9,000 is budgeted for the guide, based on advertising sales to others in the amount of $22,000 (same amount of ad sales revenue in 1998). The City cost could increase slightly if ad sales are less then $22,000 (see page 4 of proposal for sliding fee schedule). The cost is still substantially less than the $14,000 cost for the 1998 guide. The $9,000 includes an update to the information, production costs, and direct delivery to businesses and residents. The four-color front cover design will change to give the guide a different look and to distinguish it from the first edition. (cont'd.) MiF13ON BY ,, , SECOND B~ t Acrxos Orlgtnattng Dep~t ~p~d for ~e~a ~da Sec~on Communi~ Development Consent Susan Hen~ ~ ~ 11-22-99 [t~ No. ~ommuni~ Development Specialist RESOLUTION ORDERING PUBLISHED NOTICE AND PUBLIC HEARING ON SALE AND DEVELOPMENT OF 8808 41sT AVENUE NORTH (IMPROVEMENT PROJECT NO. 660) ACTION REQUESTED City staff requests Council approval of the aEached resolution to publish notice and set a public hearing ~date for the sale and development of 8808 41st Avenue No~h to be used as a site for a Habitat for . Humani~ project. POLICY/PAST P~CTICE The Ci~ is required to publish notice and establish a public hearing date 10 days prior to Council action on the sale of a ci~ prope~. The public hearing would then be conducted at the December 13 City Council meeting. BACKGROUND City staff has worked with Habitat for Humani~ since last summer with the intent to find a New Hope prope~ for a Habitat project in 1999. Ci~ staff identified several potential lots for new construction and concluded, in conjunction with Habitat, the vaunt lot at 8808 41st Avenue NoRh was most appropriate even though soil corrections would need to be made prior to construction. The vaunt lot measures ~9,500 square feet. In May city staff negotiated with the prope~ owner and agreed on a purchase price for the prope~ in the amount of $17,500. The Ci~ Attorney has prepared a proposed Development Contract that includes details of the installation of suppo~ pilings by the Ci~, the subsequent sale of the prope~y to Habitat For Humani~ for a nominal sum ($1.00), and for the construction of a house and garage on the site. FUNDING CDBG funds will be utilized for the a~uisition of the prope~. Habitat will fund the construction of the home and the pilings. ~: , , COUNC~L IIIII III II t z _ t ST ACTXON Origtnatmg Department Approved for Agenda Agenda SecUon Community Development Consent ? Item No. _ Susan Henry ' 11-22-99 6.6 b~;ommunity Development Specialist By:. / RESOLUTION ORDERING PUBLISHED NOTICE AND PUBLIC HEARING ON SALE' OF 5629 WISCONSIN AVENUE NORTH (IMPROVEMENT PROJECT NO. 612) [ ACTION REQUESTED 'City staff requests Council approval of the attached resolution to publish notice and set a public hearing date for the sale of 5629 Wisconsin Avenue North. POLICY/PAST PRACTICE The City is required to publish notice and establish a public hearing date 10 days prior to Council action on the sale of a city property. The public hearing would then be conducted at the December 13 City Council meeting. BACKGROUND The City purchased the home in December 1997 and the existing structures were demolished. City staff worked with a design firm for the design of the handicapped accessible home. The construction contract was awarded to Michlitsch Builders in June 1999 in the amount of $118,900. Four change orders were subsequently approved totaling $8,924, which brings the total construction price of the home to $127,824. City staff have found a buyer, Susan J. Hoglund, for the single family home at 5629 Wisconsin Avenue North. A Purchase Agreement has been executed, subject to the approval of the City Council. The home will be sold for $127,500, which includes a first mortgage of $112,500 and a second mortgage of $15,000. The project will be funded by CDBG and CHDO funds along With the proceeds from the sale of the home. Staff recommends app'roval of the resolution authorizing publication of notice and holding of a public hearing regarding the sale of 5629 Wisconsin Avenue North. MOTION BY SECOND BY TO: Request for Action Page 2 11-22-99 Studies have identified that phosphorus is one of the main contributors to the degradation of water quality in the City's lakes and wetlands. The runoff from lawns and landscaped areas carry phosphorus to the City's ponds and wetlands, feeding the growth of algae in the summer months. Area studies have shown most properties in New Hope have an abundant natural supply of phosphorus, and thus, phosphorus-based fertilizers are not necessary to improve the condition of lawns. The primary purpose of the ordinance is to serve as a public information message. Enforcement of the ordinance will be limited, as the City cannot feasibly monitor the application of fertilizers for every property in the City. The City will publish excerpts of the ordinance in its City Report, Business Link, and on the city web site. Recently, a letter from the Mayor was sent to all New Hope businesses informing them about this ordinance amendment. This was done, primarily, to give suppliers an advance notification to stock phosphorus-free fertilizers in lawn and garden sections of their stores. Another concern raised by the Mayor is the blowing of grass clippings and yard waste into public streets and Parks. Runoff carries this yard waste into the storm sewers and to the City's ponds and wetlands. Grass clippings and yard waste have high levels of phosphorus, and thus, contribute to the degradation of water quality. The City Attorney is examining the current Code to determine if this can be enforced without an amendment. If an amendment to the Code is needed, it will be brought to the City Council for approval at a later date. ATTACHMENTS Ordinance · City Attorney Correspondence · 11/3/99 Mayor's Letter to New Hope Businesses COU'NCJT~, II Originating Depa~u,~nt Approved for Agenda Agenda ~ecuon Community Development : Ordinances & / r-~1-22-99 · Item No. Kirk McDonald & ].0. ~ Phil Kern ORDINANCE NO. 99-09, AN ORDINANCE AMENDING APPLICATION REGULATIONS OF LAWN FERTILIZERS CONTAINING PHOSPHORUS REQUESTED ACTION Staff is recommending that the Council approve the proposed amendments to Section 8.32 of the New Hope City Code regulating the application of lawn fertilizers. i POLICYIPAST PRACTICE In the past, the City has taken a proactive approach to improving water quality. In October 1996, the !City Council approved the Surface Water Management Plan, outlining policies and procedures to guide the City towards improving its water resources. BACKGROUND The City Code currently requires that commercial fertilizer applicators and business owners use 3hosphorus-free products on lawns and landscaping. The ordinance, however, does not apply to residents or noncommercial property owners. At the direction of the Mayor, staff began preparing an ordinance amendment in August 1999 to regulate the application of phosphorus-based fertilizers for all property owners in the City. Following a meeting with the Mayor and city staff, the City Attorney 3repared the attached ordinance amendment to Section 8.32 of the City Code. IThe ordinance extends the ban of phosphorus-based fertilizers to the application by all persons in New Hope, including homeowners and renters. The ordinance does allow an exemption to the ordinance under two conditions: 1) newly established turf and lawn areas during the first growing season, and 2) turf and lawn areas which soil tests confirm are below phosphorus levels established by the University of Minnesota Extension Services. In order to meet the second exemption, residents must request a free testing kit from the University of Minnesota and send in soil samples to be tested for phosphorus. Recently, other organizations have taken action to address the application of phosphorus-based fertilizers. In April 1999, the City of Plymouth passed an ordinance banning phosphorus-based fertilizers citywide. The Bassett Creek Watershed District has also moved to encourage all cities in the watershed to prohibit the application of phosphorus-based fertilizers. " (co, MOTION ]~Y ,, 3"0: , , RF'A-OOI Any person, firm, corporationi franchise or commercial or noncommercial applicator, including a homeowner or renter, shall not; _fy the City A at least 24 hours prior to applying lawn fertilizer that cxcccds abc containing phosphorus ':-: ...... :~'~ :- ~---,.,,., '",,.,,. .... .,,,,,..,,.,,.,al-----:--,,-,--,~'-': ........ ,,vv,,,-,,,'-',': .... ' of the,,,' ...... ,, lc, ,,I~,.,.,--': :--- appI';catlon,' ~,~ reason for ,-~-,.,-,.~-,,s ~,,- using fertilizer containing phosphorus ' '' '~" ph ph :_: ~: ........ : A :.~ .,_:. r,~. ..... and the amoullt of os orus contained in the lawn fertilizer to be applied. Section 3. Effective Date. This Ordinance shall become subsequent to its publication on February 1, 2000. Dated the ~ day of , 199 W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the day of 199 .) ~ , P xsmomeyxC, ah -2- ORDINANCE NO. 99-09 AN ORDINANCE AMENDING APPLICATION REGULATIONS OF LAWN FERTILIZERS CONTAINING PHOSPHORUS ' The City Council of the City of New Hope ordainsi Section 1. Section 8.323(3) "Fertilizer Content.". of the New Hope City Code is hereby amended to read as follows: 8.323(3) Fertilizer Content. Nei,cher No person, firm, corporation, franchise, or a commercial agglica:c,r nc, r a or noncommercial applicator, including a homeowner and renter, shall apply any lawn fertilizer, liquid or granular, within the City of : New Hope which contains any amount of phosphorus or other compound containing phosphorus, such as phosphate, except: 8.323(3) (a) the naturally occurring phosphorus in unadulterated natural or organic fertilizing products such as yard waste compost 8.323(3) (b) or as otherwise provided in Section 8.234. Section 2. Section 8.324 "Exemption to Phosphorus Requirement" of the New Hope City Code is hereby amended to read as follows: 8.324 Exemption to Phosphorus Re. quire, mc.n: Prohibition/Notice. The limitation pertaining to quantity of phosphorus shall not apply to: 8.324(1) newly established or developed turf and lawn areas during first growing season; or 8.324(2) turf and lawn areas which soil tests confirm are below phosphorus levels established by the University of Minnesota Extension Services. The lawn fertilizer application shall not contain an amount of phosphorus exceeding the amount of phosphorus and the appropriate application rate recommended in the soil test evaluation. Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemptions shall be watered into the soil where it is immobilized and generally protected from loss by runoff. -1- i~, ORDINANCE NO. 99'10 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 14.031 BY INCREASING THE HOUSING MAINTENANCE INSPECTION FEE The City CoUncil of the City of New Hope ordains: Section 1. Section 14.031 "Housing Maintenance Inspection Fee" of the New Hope City Code is hereby amended to read as follows: 14.031 Housing Maintenance Inspection Fees. Fee amounts for the housing maintenance inspection required by Section 3.37 are as follows: 14.031 (1) Single and Two-Family Residences, $g5.~'~ $100.00 per Condominiums and Townhouses (initial dwelling unit inspection and first reinspect) 14.031 (2) Multiple residences with 3 or more units (initial inspection and first reinspect) 14.031(2)(a) 1s' unit each building eo~ ,~ ..... $1oo.oo 14.031 (2)(b) Each additional unit $15.00 .......... (Ord. 77-19, 82-19, 88-4, 91-5, 94-21, 97-5) 14.031 (3) Reinspection After First Reinspect - single $4-2~0 $45.00 per hour (1 family and multiple residences hour minimum) ............................ (Ord. 94-21, 97-5) Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Da.ted the : day of , 199 W. Peter Enck, Mayor -1- ~ COU~CZL I Originating D~ ~t ~P~d for ~e~a Ordi~a~ecu°n Communi~ Development Resolutions 1,1-22-99 lt~ No. ~ Kirk McDonald ~ 10.2 ORDINANCE NO. 99-i0: AN ORDINANCE AMENDING NEW HOPE CODE SECTION 14.031 BY INCR~SING THE HOUSING MAINTENANCE INSPECTION FEE ACTION REQUESTED S~ff recommends that the Ci~ Council approve a motion adopting the enclosed Ordinance Amending New Hope Code Section 14.031 by Increasing the Housing Maintenance Inspeaion Fee, which was prepared by the Ci~ A~omey. S~ff recommends that the publication of the ordinance take place at the end of December so that the fee increase be effective Januau 1,2000. POLICY/PAST PRACTICE The Council reviews fees on an annual basis and the general philosophy of the Ci~ is that the fees collected should cover the majori~ of the cost of the se~ice provided for the fee. BACKGROUND The Ci~ requires a housing maintenance inspection for the sale of all single and multiple family dwellings. The fee cu~ently charged is $85 per dwelling unit for the initial inspection and flint minspection for single and ~o-family residences, condominiums and townhomes. Multiple residences with three or more units are also currently charged a fee of $85 for the first unit in each building and $15 for each additional unit. Any dwelling unit that requires additional inspections is cu~ently cha~ed a fee of $42 per hour, with a one hour minimum. The Ci~ conducts approximately 340 housing maintenance inspections per year. Dudng budget discussions this year, the Council discussed several minimal fee adjustments and the houSing maintenance inspection fee was one ama that was reviewed. Based on ~e quali~ of the inspection se~ices ~provided and based on the fees that are charged in other metro ama cities, it was dete~ined that a minimal :increase in the housing maintenance inspection fee was justified. The initial inspection fee per unit was last ~increased in 1997, from $75 to $85 per unit, and the fee for additional inspections was increased at that time from $40 to $42 per hour. Based on these facts, the Ci~ Council and staff both suppo~ a minimal adjustment in the housing maintenance inspection fee. The Ci~ A~omey has prepared the enclosed ordinance amendment, which increases the initial/first reinspection fee from $85 to $100 per unit, and the reinspect a~er fiat minspect fee from $42 to $45 per hour, with a one hour minimum. Staff recommends approval of the ordinance amendment. The ordinance increasing the fee is effective upon its passage and publication. Due to the fact that the fee needs to be revised in some info~ational brochures describing the housing maintenance inspection program, staff recommends that the ordinance be published and the fee increase become effective on Januaw 1, 2000. M~ON ~ , ~O~ ~ , ~: , III ~A~ ~ c_, =),/ Commissioner Oelkers stated he felt that the derogatory correspondence ~-~, received from the petitioner was unfounded and that the Design & Review ~.~' Committee provided as much help and advice as possible, and the balance of the Commissioners and staff concurred. Kramer added that some of the points of contention could not be compromised. MOTION Motion by Commissioner Kramer, seconded by Commissioner Landy, to Item 5.3 accept the withdrawal of Planning Case 99-20, Request for a Conditional Use Permit to Allow a Daycare Operation in an R-O Residential Office Zoning District, 3701 Winnetka Avenue North, Cindy Kay MoreylLittle Folks Daycare, Petitioner. ' Voting in favor: Brauch, Green, Hemken, Kramer, Landy, Oelkers, Sonsin, Svendsen Voting against: None Absent: -Anderson Motion carried. COMMITTEE REPORTS Design & Review Commissioner Svendsen reported that the Design & Review Committee met in Committee September with the daycare representatives. Upcoming applications may Item 6.1 include a townhome development at 49"~ANinnetka in November. Keelor Steel may submit an application for expansion in December. Codes & Standards Chairman Sonsin reported that Codes & Standards had not been meeting due Committee to the fact that the entire Zoning Code was being updated. Item 6.2 Comprehensive Plan Commissioner Landy announced that the Comprehensive Plan Update Update Committee Committee did not meet. New Hope received word from Met Council that they Item 6.3 had approved New Hope's plan and no modifications were required. The City was commended on the well-organized, thoughtful plan. Zoning Code Update Landy announced that the Zoning Code Update Committee would probably Committee schedule its first meeting late in October after the Planning Consultant had Item 6.4 prepared information for the Committee to review. OLD BUSINESS Miscellaneous Issues Discussion ensued regarding the Langenbach garage vadance issue. One condition of approval waS that the building materials on the addition match the existing house. Staff had sent correspondence to the petitioner and received his reply stating how and why the building materials had been chosen for the . addition. Oelkers stated that he felt Mr. Langenbach's statements were correct .- in that the cedar siding on the market today does not match what he would have purchased 30 years ago, and the statement regarding the way new and old cedar takes paint was true. Sonsin stated he would consider whether this situation should be pursued further. McDonald stated that Pipe Fabricators currently was utilizing more outdoor storage than allowed, but the building owner was working with the tenant to find a new location with adequate space. McDonald informed the Commission that the U-haul CUP had been approved by the City Council. The petitioner had agreed to install additional plantings, which would be completed next spring. McDonald stated that the Walgreens final plans would proceed directly to the Meeting 7 (/ October 5, 1999-''''''~ Planning Commission 4401 Xylon Avenue North City Hall: 612-531-5100 City Hall Fax: 612.53~-5 New Hope, Minnesota 55428-4898 Police: 612-531-5170 Pohce Fax: 612-53~-5'. -- www. ci. new-hope, mn. us Public Works: 612-533-4823 PuOlzc Wor~s Fax' 612-555- TDD: 612-531-5109 November 9, 1999 Mr. Wemer Langenbach 9325 31st Avenue North New Hope, MN 55427 Subject: Garage Addition Dear Mr. Langenbach: This letter is in response to your September 30 correspondence regarding the materials you used on your garage addition. As you are aware, several members of the Planning Commission questioned the materials used and I had requested that you respond to their concerns in a letter from the City dated September 17. I would like to thank you for your detailed explanation on the matter. I distributed your letter at the October 5 Planning Commission meeting and the matter was again briefly discussed at the November 1 Planning Commission meeting. Excerpts from the minutes from those meetings are enclosed for your information. The majority of the Planning Commission members stated that they felt the statements in your letter were correct and the Commission approved a motion accepting your letter of explanation. Thank you again for responding to this issue. ~incerely, Kirk McDonald Director of Community Development Enclosures: As Stated cc: Dan Donahue, City Manager Doug Sandstad, Building Official Planning Commission Planning Case File 98-27 Family Styled City ~7~h.~. ~. s,% 'q¢,,^ For Family Living =-.$. ~ .~ ~_~ ~ ~ ~ '= * accept the letter from Mr. Langenbach regarding the building materials - ,~ .,o ~.. / on the garage addition. Ail voted in favor. Motion carded. There was some discussion regarding the pads installed for the bus benches. NEW BUSINESS Motion was made by Commissioner Hemken, seconded by Commissioner Svendsen, to approve the Planning Commission minutes of October 3, 1999. Ail voted in favor. Motion carried. Commissioner Brauch questioned the frequency of a petitioner withdrawing their request, such as Little Folks Daycare, and it was noted that this was a rare occurrence. City Council/l~DA minutes were reviewed. Commissioner Oelkers asked for clarification on the plans for 5410/5412 Winnetka Avenue.as was reported in the EDA minutes. ANNOUNCEMENTS There were no announcements. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 9:05 p.m. R~.ctfully submitted, Pamela Sylvester Recording Secretary Planning Commission Meeting 9 November 1, 1999 Absent: Sonsin Motion carried on a 6:2 vote. MOTION Motion by Commissioner Oelkers, s~,conded by Commissioner Svendsen, to Item 4.1 reconsider the first motion to appr ~ve Planning Case 99-21, Request for Concept Stage Planned Unit De,.elopment, Rezone from R-1 Single Family Residential to PUD, and Pre iminary Plat Approval of 13 Lots by L & A Homes, 7849 and 7829 49~ A/enue North, Lloyd and Alice Vagle, Petitioners, subject to the same con :litions previously approved. Voting in favor. Anderson, Bn uch, Oelkers, Svendsen Voting against: Green, Hemk~ ~, Kramer, Landy Absent: Sonsin Motion defeated with a 4:4 vote. MOTION Motion by Commissioner Oelkers, set onded by Commissioner Kramer, to Item 4.1 amend the original motion by Con' .~issioner Oelkers, subject to the following additional condition: 31.City Council to give direction to the Fanning Commission as to the density desired for the site. Voting in favor: Anderson, Brau, 'h, Green, Hemken, Kramer, Landy, Oelkers, Svends Voting against: None Absent: Sonsin Motion carried. Vice Chairman Landy stated that the City £ ouncil would review this issue at the meeting on November 8 and advise the Fanning Commission on the density issue. Landy urged the audience to attend :he Council meeting and voice their concerns. COMMITTEE REPORTS Design & Review Commissioner Svendsen reported that the [ ~esign & Review Committee met in Committee October with the petitioners. Upcoming appl ;ations may include SuperAmerica Item 5.1 and possibly a Keelor Steel (Ryerson Coil P 'ocessing) expansion, as well as L and A Homes. Codes & Standards Vice Chairman Landy reported that Codes ~ Standards had not been meeting Committee due to the fact that the entire Zoning Code w; s being updated. Item 5.2 Comprehensive Plan Commissioner Landy announced that th( Comprehensive Plan Update Update Committee Committee did not meet. Item 5.3 Zoning Code Update Landy announced that the Zoning Code Upd; te Committee had scheduled its Committee first meeting for December 2, 1999. Item 5.4 OLD BUSINESS ~ -' Miscellaneouslssues~ Oelkers questioned the outcome of the 93.'.5 31" Avenue garage issue. _ McDonald stated that he had not respond< d pending direction from the Planning Commission. Motion by Commissioner Oelkers, seconde¢ by Commissioner Green, to Planning Commission Meeting 8 ember 1, 1999 OCTOBER 1999 AMERICAN PLANNING ASSOCIATION Chain Drugstore made of the finest materials. Replacing the vernacular 19th- century brick buildings that front the sidewalks of so many Side Effects small towns can break the visual backbone of a Main Street. The loss of historic buildings on key downtown corners has By Anne Stillman distressed many residents, not to mention preservationists. The trend so alarmed the National Trust for Historic Preservation As many cities and towns grapple with ways to revitalize that in June of this year it listed the "corner of Main and Main" traditional main streets and counteract the debilitating across America at the top of its annual roster of Eleven Most effects of commercial-strip development, malls, and superstores, Endangered Historic Places. a new problem posing a new set of planning challenges has Even when historic buildings have not been sacrificed, the entered the scene: the chain drugstore. In a well-known pattern, typical site plan and design of the drugstores disrupt the most retail chains build outside of central business districts, character of a traditional Main Street. Drugstore chains prefer often on the outskirts of town, drawing business away from the one-story freestanding stores with wrap-around parking lots and earlier commercial core. The big chain drugstores, however, are drive-through windows. They emphasize convenience for abandoning the outlying shopping centers and aggressively automobiles and drivers. Rather than contributing to the moving downtown. With them, the look of strip-mall revitalization of a Main Street, this type of development makes a development invades Main Street itself, downtown less safe and attractive to pedestrians and is a The drugstore chains target prominent downtown detriment to businesses with traditional storefronts. intersections and high-visibility entryways to older commercial With rapid growth fueled in large part by the ascent of districts. These areas frequently contain some of the most health maintenance organizations (HMOs), the major chains-- architecturally significant buildings in town. Investment by Walgreens, CVS, Rite Aid, and Eckerd--have recently opened chain drugstores in downtown locations could be a positive new stores by the hundreds and plan hundreds more. The chain trend--bur not at the expense of community character, drugstore expansion has been swift and effective, catching many Far too often, developers for the chains demolish existing communities unaware and unprepared. Preservationists in New historic buildings and supplant them with box-!ike architecture York, Pennsylvania, Indiana, and Maine feel that their states and large parking lots. Low-slung standardized buildings have been particularly hard hit, but no region has been exempt sheathed in synthetic stucco replace handsome historic buildings and the growth spurt is far from over. In Pawtucket, Rhode Island, the 1915 Fanning Building (left) and · ' '" ~ all attached srore~onts on the block were leveled to make way for a Walgreens drugstore and parking lot (below). PROJECT 653 Bulletin #2 5340 WINNETKA AVENUE NORTH Overview The City acquired the property at 5340 Winnetka Avenue in June from a willing seller for redevelopment purposes. As an alternative to demolishing the home, the City elected to contract with a house moving company to move the home off the site. The moving company is currently preparing the house for transport off the site. The house has been sold to a family in the Brainerd area, and it will be moved during the first part of December. After the house is removed from the site, the City will contract for the demolition of the basement, foundation, and the garage. It is expected this step will take place this winter, depending on weather conditions. In 2000, the City will continue the planning process for future development of the site. Site Upkeep The City of New Hope will maintain the site. During the winter months, the driveway and sidewalks will be cleared on a Iow priority basis. City staff will be checking the site periodically and the Police Department is also observing the property on a daily basis through regular patrols of the neighborhood. The City is requesting that neighbors living near the site please contact the persons listed below if you observe something unusual occurring on the property. Contact Person If you have questions or concerns during this project, please contact Susan Henry, Community Development Specialist, at 612-531-5137, or Kirk McDonald, Director of Community Development, at 612-531-5119, during regular working hours (8:00 a.m.- 4:30 p.m.)or contact the Police Department, at 612-531-5170, during the evening hours or on the weekends. The City appreciates the cooperation of all residents in the area that may be impacted by the demolition during this project. The City will keep you informed about any future activities that are to take place on the site. Thank you for your cooperation. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 11/23/99 Hi.ori, m.dm.rk, ~ou.~.,o. or~oai~n~ Chicago. and we wanted to ensure that the new stores contributed to the viability of our shopping districts by making them similar in character to traditional storefronrs on commercial streets," says Jack Swenson, deputy commissioner of~ning. ~We asked the company to rethink its site plan and store design. Ultimately, they. came back to the table in partnership with us." The agreement establishes guidelines for site plans, facade treatment, building height, landscaping, and signs. Key elements provide that: ·The building should abut the property line along at least one principal street. ·Drive-through windows should not be located along a principal street. · Primary. facades should be oriented to public streets. ·Decorative elements shall be used to increase the building character. Swenson explains: "This is not just an aesthetic issue, it's an economic development issue. IfWalgreens or any other retailer This CVS drugstore (above) replaceda 19th-century Quaker meeting builds stores that do nor fit into the existing pattern of develop- house (inset) in a prominent location in Richmond, Indiana. Mature ment, the store becomes a separate [car-oriented] destination, trees on the lot were cleared away fbr an asphalt parking lot. rather than part of a shopping district. It detracts from the ability of pedestrians to move comfortably from store to store." The ci.ty planning department's urban design goals for new He emphasizes that the city is pleased with the Walgreens commercial buildings include bringing back store- agreement. The city has also entered into discussions with Osco, fronts with large transparent glass display windows, built along a smaller drugstore chain. In June, an ordinance went into the edge of the sidewalk~the way Chicago was traditionally effect, requiring any business with a drive-through windo~v tO developed. Yet, Walgreens stores have multiplied across the city obtain a special use permit. in typical form, with single-stoty buildings and large expanses of blank wall surrounded bv asphalt. The buildings undermined 'l'~ {~$~ ~ ~'[i~ the planning department's objectives, but were permissible due Burlington, Vermont (pop. 39,000), obtained a better-than- to the lack of any urban design review, usual design and site plan for a Rite Aid drugstore by the more When the scope and speed of the corporation's expansion plans traditional means of a cirv. plan reinforced by zoning. The became apparent~35 stores planned for Chicago in 1999--the Burlington Municipal Plan of Development is straightforward planning department approached Walgreens with its concerns, and clear in its goals for streetscape design. The plan states that "Walgreens was making a major corporate commitment to "a uniform front and side yard setback along a street creates a consistent building edge and a well defined public space.., in industrial and commercial areas, off-street parking should not · "',, (-, ~-'. be allowed in front of buildings.' ~ ~. ~ The Rite Aid proposal was not without controversy, despite , ~'jg ..... the developer's cooperation with an advisory design review : · l~'-t° ]! , I committee. The site plan presented to ~he planning 0i~lo~ti6ff! i i commission, although enhanced with trees, landscaping, a bus 1~' ~[D tNI)IVIDUA[ L~TrER 518N (LETTERS OCCUR Ill [,R~K l~ll UNDER $tGNAGE) New Walgreens drugstores in Chicago, like this two-story store in the Greektown neighborhood, will have brick facades, stone detailing, large display windows set against the sidewalk, rear parking, second-floor uses, connectivity with adjacent buildings, and other traditional features. 3 In the wave of chain drugstore expansion, numerous cities company concentrates instead on building and relocating its own and towns have faced the choice between economic stores and has a goal of operating 3,000 stores by 2000. In 1997. development and their historic architecture, between jobs and CVS more than doubled its size by acquiring Revco, adding downtown character. If prepared ahead of time, a community approximately 2,400 stores, while Rite Aid bought Thrifty Payless, should not have to forfeit either, a large western chain with more than 1,000 stores, the same year. Success in working out better solutions with the chains CVS, Rite Aid, and Eckerd have added smaller drugstore chains to almost always depends on having the right land-use controls or their corporations. On its web site, Walgreens characterizes this design review ordinances in place before the chain drugstore activiD, by its rivals as a "feeding frenzy." arrives. In historic districts or commercial areas with the necessary planning and zoning regulations, the chains have done Site Plans and Store Design a much better job. In some major cities, such as New York and The Walgreens web site also states: "We... go to great lengths Philadelphia, drugstore chains have voluntarily occupied historic to see that our new stores preserve the visual integrity of the buildings instead of supplanting them. surrounding area." The web site illustrates this statement with a photo of Walgreens on Market Street in a busy section of Drugstore History downtown San Francisco. The drugstore occupies a storefront An aging population and the rise of managed health care are on the ground floor of a multistory 1908 building designed by largely responsible for the extraordinary growth of the drugstore noted bay area architect Louis Hobart. The building abuts the industry--growth characterized by acquisitions of other chains, sidewalk in keeping with the other buildings on the block. both large and small, by the opening of hundreds of new stores, and the relocation of many existing stores to larger, more prominent spaces, n aging population and the rise of Until recently, drugstore chains often located in strip Amanagedhe011~ care arelargely " shopping centers frequently anchored by supermarkets. As some supermarkets began to open pharmacy, departments, these responsible for the ex,a0rdinary growth of locations naturally became less attractive to the drugstores. The search' for desirable new sites led the chains to high-traffic thedrugstore industry intersections downtown, or the corner of "Main and Main," as the real estate industry often describes the most prominent downtown commercial crossroads. Both Walgreens and Rite Aid Large display windows reflect the street activity, and the upper officials have used the term to characterize their prime locations, floors contain offices. Nevertheless, the web page depicts a The freestanding store with a drive-through window, typical Walgreens site plan as one with an asphalt parking lot introduced by Walgreens in the 1990s, has now become the surrounding the structure. indusr .ry standard, adopted by even the smaller regional chains. But changes are afoot in one big ci~,. In a landmark The typical new store has a footprint ranging from 10,500 to arrangement, the Walgreen Company signed an agreement 15,000 square feet, can be found on conspicuous corners, and with the ciL'y of Chicago in April. The corporation, with has plenty of on-site parking. Walgreens spokesperson Yvette headquarters in the Chicago suburb of Deerfield, agreed to a Venable says, "Our goal is to offer convenience. A parking lot in series of"design elements" as "minimum standards for front of the store allows customers to pull up to the front door, construction of Walgreens stores" in Chicago. get in, get what they need, and get on their way." Walgreens leads the industry in sales, generating more than $17.8 billion in fiscal 1999, up more than 16 percent from the year before. CVS ranks second, even though the corporation operates about 1,300 more stores than Walgreens .!';? er-~' .~ m'-?' ~ 4~'-, (approximately 4,100 CVS stores compared with approximately 2,800 Walgreens stores). The CVS chain is actively engaged in an ambitious development program with plans to open about 440 stores this year. Meanwhile, Rite Aid, which, according to its 1999 annual report, "continued the most aggressive real estate expansion program in the history of the drugstore industry," is beset with rumors on Wall Street that it may merge or downsize. Since last spring, the corporation has withdrawn from a number of projects, some of which generated considerable local controversy. During fiscal 1999 (ended March 31) the company opened 5~8 stores. The Rite Aid 1999 annual report states: "Our plans for fiscal 2000 call for a more manageable program of 300 store openings." Walgreens has chosen to forgo the acquisition of other drugstore chains, a strategy its competitors have pursued vigorously. The ALUMINUM I ALUM~N U~,', Anne Stillman is the author of Better Models for Chain WESt EtEVATIO# )HALSTED STREET) Drugstores, published this year by the National Trust for Historic $¢ole 1/11: 1'-0 Preservation. SEPTEMBER 1999 AMERICAN PLANNING ASSOCIATION III Torn Over Teardowns: .. __._,_ _,_ JPr .tecting Character ~' - .... ~ A~ALYS1S By N. Drew Petrerson, AICP ii ..... T Act°ss the nati°n in °lder' the ~rraditional residential neighborhoods, phenomenon ~.~ , referred to as "teardowns" is threatening to erode community character. In the Chicago's Lakeview neighb°rh°°d' h°using replacement is transforming the character of the turn-of-the- century working class housing stock into an exclusive .~ .... ........... neighborhood. In the older Chicago suburb of Hinsdale, ~ ..... developers have demolished and replaced about 750 homes since 1986---more than 15 percent of ~,_.~' ~a' i. ':~.~ Traditional-style homes in modest residential the community's single-family housing ~,~~ '~ ~i neighborhoods are being torn down and stock. The New York Times recently reported ~~i,~= ' ' ~'' replaced with more expensive homes that · ~ _ · ~:= ~ ~: " how teardowns are changing the historic '- ~ .... '~ differ in size andcharacterj~om the existing landscape of Nantucket Island, ~~ housing stock. Such di~rences include Massachusetts, by replacing vintage cottages ~ attached garages and wide lots (top) and with multimillion dollar homes, imposing house heights (center and bottom). There are many reasons why teardowns are a common and controversial housing strategy and why Perception vs. Reality they have evolved into a conflict between the property rights Public reaction to teardowns is negative when there is a of homeowners and a desire to serve recognized community perception that a new structure is grossly different in size or needs. Older neighborhoods have become highly desirable character from what was formerly on the proper.ry. It is for affluent residents looking for a walkable, pedestrian- therefore necessary, for the municipality to document size and friendly environment with mature, tree-lined streets and dimension characteristics of the new and old structures, convenient neighborhood amenities such as schools, parks, including setbacks, height, floor area ratio, building coverage, and shopping. These homebuyers also want a range of and impermeable coverage. A photograph or a sketch will help features frequently associated with suburban sprawl: three-car to illustrate the homes more accurately, serving as a tool for attached garages, large kitchens, master bedroom suites, comparison and providing a visual means of deciphering how basements with adequate ceiling heights for family living, existing or proposed regulations apply to the homes. bigger closets, efficient layouts, and modern heating and cooling systems. Older Homes and Modern Regulations Zoning requirements for home construction prior to World War II Contemporary Housing Demands and were not as demanding as they. are today, Modern regulations such Changing Demographics as floor area ratios, impervious surface ratios, and setback Teardowns may be appropriate ~vhen older and smaller homes requirements can unfairly penalize the owners of older homes that cannot meet the needs of contemporary, homebuyers, become nonconforming. While new residential construction can Traditional homes tend to have smaller rooms, insufficient total meet contemporary regulations, the layout and design of older floor area, and poor layouts. Structural problems are costly to repair homes may not comply, thus creating a possible nonconforming and these homes often lack efficient heating and air conditioning, status and perhaps preventing any renovation efforts or Many older homes have insufficient garage space for cars and modernization of the home. More restrictive regulations might storage and lack the comforts and safe .ty of an attached garage, even cause a homeowner to tear down the existing home and start These homes may also have negligible character or historic value, over rather than renovate and try. to conform to the new shelter, and a bicycle rack, still had parking in front of the store The Planning and Zoning Prescription along the principal street. This proved to be a sticking point for The most effective step that a community can take to protect the commission, which turned down the application by a itself from inappropriate development by the drugstore chains is narrow margin in a four-to-three vote. to incorporate language that promotes pedestrian-friendly site At the public hearing, some citizens in the fields of landscape plans and building design into a town or city plan--and to architecture, planning, and preservation urged the board to vote strengthen the plan with zoning regulations. This is a long-term against the proposal. Others felt that in light of the typical chain solution that reshapes not only the building practices of the drugstore style, the developer had improved the plan enough, drugstore chains, but also those of other retailers with a Four months later, the Burlington Planning Commission preference for strip-mall construction that may follow the approved a revised proposal for a building that ~hugs" the drugstores downtown. corner. When built, the parking lot and drive-through window The following selected guidelines from the Burlington of the store will be located in the rear. The building will be Municipal Plan of Development encourage pedestrian-friendly constructed of clapboard with two gables on the facade and new construction that is compatible with the surrounding area: large windows across the front. · New buildings or additions on any given street should be A Different Diagnosis consistent with the predominant setback pattern for that Under a blanket of controversy, Nashville, Tennessee, lost a 1917 street. four-story residential structure to a proposed Walgreens drugstore. · Especially in downtown and commercial areas, setback Built in the Georgian Revival style, the Jacksonian Apartments, a requirements should reinforce an urban and pedestrian building with gracious interiors, was fully rented before plans streetscape by being close to the sidewalk. emerged for its demise. Despite its grandfathered residential status, the parcel had been zoned for commercial use since the 1930s. · Street-level storefronts and building entrances should be Much public outcry followed the proposed destruction of the open and inviting to pedestrians. building, and the issue received tremendous media attention. · The scale and massing of buildings on any given street Four thousand citizens signed a petition opposing the project, should be harmonious. Nashville's mayor supported a solution that would preserve the building, the Metropolitan Council (the elected legislative body) The Burlington zoning ordinance reinforces the plan by passed a resolution in favor of saving the Jacksonian, and the stating that, "it is the intention of the legislative body that this Metropolitan Historical Commission determined that the bUilding ordinance implement the planning policies adopted.., in the qualified for the National Register of Historic Places. However, Municipal Development Plan." none of these offices had legal jurisdiction over the matter. When the process of amending and rewriting a municipal After the tenants received legal notices to vacate the building, plan or existing zoning regulations is too long, some a full-page open letter addressed to the CEO of Walgreens, the communities have used overlay zones as an effective way to developer, and the owners of the building appeared in the enact new guidelines. Nashville Scene with the headline "Save Jack!" Numerous Of course, negotiating with the chains or their developers is prominent Nashville citizens signed the letter, including music- always an option and should be started as soon as possible, but industry, stars such as Emmylou Harris and Pam Tillis. it carries no guarantees. The chains are more likely to make Despite the opposition, the Jacksonian tenants were evicted concessions on parking lots and drive-through windows in and the building was destroyed. A Walgreens drugstore is urban areas with heavy foot traffic than in small towns or the currently under construction on the site. suburbs. Yvette Venable, a Walgreens spokesperson, says, "We always Establishing historic districts or landmark designation for work with communities to fit in with their character and listen specific buildings protects valuable architecture by requiring the to neighbors' concerns"--a statement that Bill Kelly of the review and approval of a local board for any exterior alterations. Metropolitan [Nashville] Historical Commission firmly Review is generally not required for buildings listed on the disputes. Kelly, a former Jacksonian resident, says, "Thousands National Register of Historic Places unless federal funds are of Nashville citizens signed petitions, wrote letters, and called involved--a very rare occurrence for drugstore projects. Walgreens's corporate offices. The Walgreen response was no However, Rite Aid stated publicly in June that it has a policy of response at all. The company did not even seem to consider an not demolishing National Register buildings. alternative site." Communities can contact any of the regional offices of the National Trust for Historic Preservation for assistance with local zo~t,~ ~'e,o,i ...... h~y n~l ..... puh~i,hed hv the A ...... Pla,,,,g,Usocia~,on. disputes. The National Trust has met with the corporate Subscripu ......... liable for $55 {U.S.I and $78 {foreignl. Frank S. So. Executive Director; management of CVS, Walgreens, and Rite Aid and has William R. Klein. Di ....... f R ...... h. established high-level contacts at each of these chains for the 2'on,,gNeu,,is produced at APA. Jim Schwab and Mike David~on. Editors; Sh ..... discussion of local issues. The Trust also planned to meet with Armstrong. Bar .fy Bain, Joseph Bornstein. Jerome Cleland. Fay Dolnick San ay jeer. Megan Lewis. Marya Morris. Reporters; Cynthia Cheski Assistant Editor: Lisa Barton. Des,gn and Eckerd in mid-October. Prod ....... The need for a municipal plan and the appropriate zoning Copyright ©1999 by American Planning As,ociation. 122 S. Michigan Ave.. Suite 1600. regulations that govern the design and placement of buildings, Ch,cago. IL 60603. The American Planning Association also has offices at 1776 Massachusetts Ave., N.W.. Washing .... DC 20036: www.ptanning.org signs and lighting, and the position of parking lots cannot be Alt righ ........ d. No p ....f this publicati ....y be reproduced ...... d i ....' fo ....h,. overemphasized if a community wants chain drugstore any m ...... I ......i ...... hanical, including ph ..... pying ...... ding. or b ..... ' informan~n development on its own terms. Coupled with historic district storage and retrieval system, without perrnis~ on m writing from the America~ Pla'nnmg Association. and landmark designation, land-use regulations can go a long Printed on recycled paper, including 50-70% rect'cled fiber ~ way to protect the character of any communi .ry. Without these and ~0°~o p ................ ' protections, even Herculean efforts may fail. 4 Forwhat reasons might zoning regulations limit or prohibit teardowns? ~ · Demolition of older and smaller homes, where the focal point of the · Larger families often move into the newer homes, increasing traffic ~'~ ~' · facade is the front door and where the facade relates comfortably to a congestion. ~,.~5 pedestrian-oriented street, removes the essential elements of a · Inconsistent stoop (main entrances to a building) heights detract from ~;.~".~:e. traditional neighborhood, the street scene. · New homes with front-loaded garages detract from the street scene; · The impact ofa teardown increases if there is a failure to provide views of garage doors and driveway pavement in the front yard erode sufficient landscaping to soften thc visual impact ora new structure. the pedestrian character of the street. · The facade designs of custom-built homes ma~v have characteristics of tract · Taller and bulkier new homes create a "looming" presence on the street homes that are architecturally inconsistent with traditional neighborhoods. scene and can, because of the destruction of street character, encourage · Removing the older and smaller homes that serve young families, empty the teirdown of an ad}acent smaller house, nesters, and homeowners with modest incomes impacts the social · A new home that extends further into the back yard reduces the light structure of a community by reducing the neighborhood's economic penetration and air movement to adjacent homes, and social diversity. Exclusions may be required for dormers and chimneys. Other the sidewalk and street. Municipalities might consider requiring options include limiting the maximum width of a house facade a percentage of building cost to be spent on landscaping. or requiring an increase in side yard setback toward the rear of Implication~. Landscaping adds additional costs to a new the building envelope to limit the appearance of bulk and home and makes it difficult for modest-income homebuyers to provide for additional light and air on ad}acent lots. live in a desirable neighborhood. Implicationc. Creating nonconformities and restrictions on architectural design. Regulating Garage Configuration and Location. Attached N~WS B[~I~i~S garages with large asphalt driveways can negatively impact neighborhood streetscape, particularly in neighborhoods with alleys, where detached garages are often located ar the rear of the FIJI{[ ~ ~{I'l I}l'~ lot. Regulations may prohibit front-loading garages facing the The 1989 movie Field of Dreams was set in an Iowa cornfield where street, or limit the amount of garage door facing the street. In the ghosts of baseball stars came back to play the game they loved. Winnetka, Illinois, garage door widths cannot exceed 33 percent "Is this heaven?" asked the long-deceased "Shoeless" Joe Jackson to of the lot width, or 18 feet, whichever is less, provided that no Ray Kinsella, the farmer who constructed a baseball field in the individual door shall extend more than nine feet when facing middle of his corn crop. "No, It's Iowa," answered Ray. The actual the prima .ry front yard. The Winnetka ordinance also field where the film was shot in Dyersville, Iowa, is still intact, and encourages locating the garages away from the front of the home remains one of the top tourist destinations in the state. by providing a 200-square-foot floor area exclusion for locating But all is not level on this playing field. A property line runs an attached garage to the rear of the house, and a 400-square- through the left side of the infield; to the right are the tbot exclusion for locating a detached garage in the rear one- farmhouse and the property, of Don and Becky Lansing, and to quarter of the lot. Where alleys are available, a community the left, the rest of the playing field and cornfields, owned bv Al might consider requiring that garages be accessed from the alley, and Rita Ameskamp. Both parties have souvenir stands on the lmplicationr. Loss of the comfort, convenience, and safety of sire, and charge no admission to play ball on the actual field. an attached garage. The portion of the field owned by the Ameskamps has Design Review. A design review process may be necessa .ry to undergone significant changes. The property manager that oversees minimize development that is out of character with the the commercial aspects of their land, a group called "Left and neighborhood. Design review can determine whether an Center Field of Dreams," successfully petitioned for a zoning addition to the structure is viable over demolition and change of the farmland from A-I to B-1 in order to support rebuilding and whether the design of a new structure meets the increased commercial ventures. The field is two and a half miles standards and guidelines of the community, outside of Dversville and has the only business zoning classification Design review may. also be appropriate for each variance in the area. ~1 the surrounding land is zoned as agricultural. The application that results in a greater floor area. Cities may use reason for the change is a three-mile maze through the cornfields permit applications for demolition, which require the use of cut in the image of Shoeless Joe, which features trivia questions and either a design review process or substantial waiting period, factual markers throughout. A $6 admission fee is charged for Im?licarion~. Additional cost and time required to construct a entrance ro the maze, which was completed well before the single-family home. A debate over the legality or desirabili .ty of approval for the zoning change on June 21. Also under design review procedures may slow down or preclude development consideration is a 50-foot-high tower from which to authorization of the home by the community, view to the maze in irs entirety. Landscaping Requirements and Tree Ordinance Application. The Lansing family is opposed to the extreme exploitation Many new homes lack adequate front yard landscaping, giving and commercialization of the site, on which they have banned the home a "bulkv" appearance. Landscaping is often useful for television commercial shoots and weddings, preferring to keep softening the impact of building mass. Trees and shrubs also their portion of the site as "authentic" as possible. The Lansings increase street appeal by screening driveways and garages from are not in agreement with the developments on the Ameskamps eard0wn. The c0ns~ucfi0n or remodeling of limitinglm?licati°n~'floor heights.Hinders flexibility in home design, possibly singlmfamily homes tol~e maximumallowable B~m~, Height. Basements that extend above grade have a significant visual impact, a typical characteristic of older homes. / sizepermitted by land-use and zoning regulation Vhis architectural feature can be displayed using a variety of quality, materials, including brick or stone. Raised basements inneighborhoods dis ncfly characterized by also allow light and air to reach the basement floor space. Implication~. Reducing basement height above grade limits light, considerablysmaller homes.(Glendale, California) perhaps restricting the functional capability of the basement. This also removes a unique architectural feature from the home. regulations. Zoning requirements that are too permissive can make SetbacksmCorner Side. Ideally, corner lots should be greater in it economical to tear down smaller, older homes and replace them size and width than interior lots. But in many communities, corner with much larger structures. Building envelopes have historically lots tend to be undersized and lack setbacks on each frontage. been defined by the setbacks and provide flexibility for siting Consequently, structures that are located close to the road have an modest homes. Today, the entirety of the building envelope at the inappropriate and imposing appearance and insufficient room for front setback line may be filled with the structure, thus requiring landscaping. Larger setbacks for comer lots and front yard setbacks regulations that were previously unnecessary, on each street would solve this problem. Implicationv. Creating nonconforming lots and increasing the The implications of Revised Regulations minimum setback for lots of minimum width could have the Regulations that consider the scale of the existing housing stock effect of narrowing a house width and disrupting neighborhood can eliminate the incentive for a teardown. The following character. section reviews the options for modifying zoning regulations to SetbaeksmSide. On lots where the asiailable building '- limit new development and identifies some of the negative envelope is of proportionate size, increasing the minimum side implications that can be associated with the modifications, yard setback would provide additional light and air onto the lot. Zoning District Purpose Statement. The purpose statement Also, a public safety rationale for increased setbacks is to provide for the zoning ordinance, and for the relevant zoning districts, greater separation between homes in case of fire. should emphasize the importance of quietness, privacy, Implication~. Creating nonconforming structures and adequate light and air, pedestrian-scale development, attractive minimizing the flexibility, in where a house can be placed on the streetscape, and neighborliness as the foundation for new site. teardown regulations. FloorArea Ratio (FAR). FARs have traditionally been used in LotAreas andLot Widths. Increasing the lot size and/or lot nonresidential developments. But as home sizes increased, FARs width will not reduce building size, but will reduce the number of were applied in residential districts as well. Developing an FAR for lots that can be subdivided, resulting in fewer newer and larger existing residential neighborhoods can be particularly challenging homes. This is particularly important when traditional homes are because, unlike nonresidential districts, where a specified numerical built on lots substantially larger than allowed in the district. FAR is used, determining the FAR requirement for a residential Impl~cation~. Creation of nonconforming lots and reduction neighborhood includes the use of a formula. of the value of larger lots. The following is a sample FAR formula for a district with a Maximum Building Coverage. The ratio of maximum minimum lot area of 7,500 square feet: building square footage to lot size can limit the appearance of 3,000 square feet + [(Jot area- 7,500) x .2] bulk on the site and maximize the amount of open space, a particularly critical element on smaller lots. Lot area Implication~. Creation of nonconforming structures and This essentially means that a 3,000-square-foot home is reduction of the flexibility in house design, forcing homes to be permitted on a minimum 7,500-square-foot lot (0.4 FAR), with taller in order to minimize the house footprint, additional building square footage based on a 0.2 FAR for the Maximum Impervious Surface Coverage. Limiting portion of the lot exceeding 7,500 square feet. impervious surface is important for aesthetic reasons, but vital Gross floor area (GFA) must first be determined before for surface water runoff and flooding, particularly in areas calculating FAR. The exclusion of certain structural amenities of within or near a floodplain, a home from the GFA may encourage home design that will Implicatio~ An impervious surface ratio could preclude locating complement neighborhood character. Such amenities could a garage at the rear lot line because the additional pavement include garages behind the front building facade (or toward the required to reach such a location would be in excess of the rear portion of the lot where alleys are available), basements that impervious surface requirement. Other amenities important to do not exceed a specified height above grade, bay windows, contemporary living, such as patios, might also be prohibited, porches, or attic space. Using FAR bonus provisions to Height. The height requirement in many older districts is 35 encourage specific structural features is also an option. feet, or two and a half to three stories, whichever is less. Implication~. Creating nonconforming structures and preventing However, many new homes are built at 30 feet or less, homebuyers from building a custom-style home: requires precluding the need for a radical change in height requirements, substantial staffresources to evaluate plans and determine gross Rather, height might be defined in a way that encourages square footage based on ordinance requirements. pitched instead of flat roofs. Regulating Building Configuration. Some communities have established a setback plane to reduce the looming effect of the structure and encourage pitched roofs. The setback plane N. Drew Petterson is Senior Vt'ce President at Thompson Dyke & requires the roof line to recede at a specified angle and height Associates, Ltd. in Northbrook, Illinois. above grade, for example: 45 degrees at 17 feet above grade. side. ~The issue here is money, with a lot of bad blood between Dekalb, who is facilitating the task force says, "It is a real 50-50 the two camps," says Paul Buss, the Dubuque County zoning group with both sides being equally represented." The group administrator. ~What the county would like is to rezone the two will meet once a week and was expected to present farms as C-1, a very strict commercial conditional zoning recommendations to the mayor by the beginning of September. prohibiting anything but Field of Dreams-related uses. No fast- This should allow time for suggested changes to the city's food restaurants or anything of the sort would be allowed, and if ordinance by the end of the moratorium. Possible changes max, the cornfield closed down, the zoning would revert to A-1." range from an all-out ban on billboards to adopting the The Lansings are challenging the B-1 designation, telling The proposed increase in spacing between signs. New York Times it could lead to a proliferation of"hotels, bowling While other cities are invoking the right to amortize alleys (and) bus depots," though Buss says none of those uses would billboards, essentially making them nonconforming uses and be permitted. And with what Buss says is "a multi-million dollar compensating billboard owners with time rather than money, business" and the leading tourist attraction in the region at stake, Lincoln no longer has this power. this zoning dispute is a sure candidate to head into extra innings. In an odd twist, the person who aided in taking away the power Joseph Bornstein of Nebraska cities to amortize is the same newly elected Mayor Don Wesley who made billboard reform a part of his 1999 Billboard Moratorium: Signs of the Times campaign platform. In the early 1980s, Wesley was a state senator In Lincoln, Nebraska, a seven-month moratorium on billboard who sponsored legislation effectively removing amortization from permits was imposed until a special task force can make the state law. Wesley has maintained that billboards were not the recommendations for revising the city's zoning ordinance for problem they are today. If Lincoln decides to ban billboards off-premises billboards. The moratorium, effective July 23, without amortization, Wesley says in the Lincotn Journal Star 1999, comes after a significant increase in billboard permits "taking these billboards down--because of that state law that issued in the past year. Senator Don Wesley passed--is going to be ve.ry expensive." For most of this decade the billboard market in Lincoln Jerome Cleland maintained a low profile, issuing an annual average of four new permits between 1991 and 1997. The 1990s market was dominated by Lamar Outdoor Advertising, laying claim to most of the prime billboard locations. Butin 1998, industry ~l~~l~~ports competitor Gray Outdoor Advertising emerged to start purchasing secondary locations, sending new permit requests skyrocketing. Forty new billboard permits were issued in 1998, only to be matched in the first six months of 1999 by another Charting a Course for 40. Lincoln city planner Mike Dekalb, says "the market went Smith Mountain Lake: from practically nothing to a perceived explosion. Most of the The Vision billboards are going in locations that have never had billboards Franklin County Department of Planning & Community Develop- before, so their impact is perceived to be even greater." ment, 70 E. Court St., Suite 301, Rocky Mount, VA 24151. May The increase in billboards became a political topic in this 1998. 32pp. $15. year's spring election. Two city council members and the newly The problem confronted by Franklin County and a number elected mayor made billboard reform a part of their campaigns, of jurisdictions around Smith Lake was how to manage Council member Jon Camp says, "It was an important part of development in a way that would preserve this artificial lake the larger issue that addressed how Lincoln citizens wanted their originally developed to supply hydroelectric power to western city to look." Camp quickly acted on the matter by proposing Virginia. Lakes are attractive development sites, but the wrong that the city change its ordinance to increase the distance types of development can ruin the very scenery and water between billboards larger than 150 square feet from 300 to 800 quality, that drew people in the first pl;ce. This plan, the feet. Camp's proposal is pending while a task force discusses the recipient of a Virginia APA chapter award, aims to concentrate issue in more depth, development in village centers, to coordinate zoning and The 15-member task force convened at the request of the development controls around the lake edge, and to control mayor includes representatives of the planning commission, environmental impacts within the watershed, such as soil billboard industry, local chapter of the American Institute of erosion, agricultural runoff, and septic tank leakage. Architects, Dark Sky Society, and chamber of commerce. Downtown Plan: Richmond Zoning News is a monthly newsletter published by the American Panning Association. Subscripti ......... liable for $55 tU.S.) and $78 (foreign). Frank S. So. E .....ire D, ....... Richmond Department of Community Development, Comprehen- wlni~m R. ~ein. Di ....... fR ...... h. sive Planning Division, 900 E. Broad St., Richmond, VA 23219. go,ing N~* i, produc~cI ~t AP^. Jim Soho, ab ~nd Mike David .... Edi ..... Sh ..... October 1997. 128 pp. plus maps. $10. Armstrong. Barry, Ban. Joseph Bornstein, Jerome Cleland, Fay Dolmck. San ay Jeer. Megan Lewis, Marya Morris, Rep ....... Cynthia Cheski, A.ssi ..... Editor; Li,a, ...... t)e~,g, an~ Reviving the downtown of any major city is no easy challenge, Production. but this plan, another Virginia chapter award winner, is a Copyright 01999 by american Planning A~sociation, 122 S. Michigan Ave., Suite 1600. remarkably thorough piece of work with clear visions for the Chicago, IL 60603. The American Planning Association also has offices at I '776 Massachusetts Ave.. N.W., Washing .... DC 20036~ ~.planning.org various distinct subsections of downtown Richmond. The plan All rights r .... ed. No part of this publicati ..... be reproduced .... ilized ~ ....fo .... b,. addresses riverfront uses along the James River corridor; ......... lectron c or mechanical, including photocopying ...... ding. or ~ .... :info ..... g, development of downtown housing; the integration of storage and retrieval system, without permission in writing from the Amenca~ Planmng Asso,i~,ion. institutional, commercial, and governmental uses in a state capital; Printed .... cycled paper, including 50-70% recvcted fiber ~ and numerous other planning and zoning concerns in a well- and 10% p ................. ' ~ organized format, complete with easily understood foldout maps.