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060298 Planning AGENDA PLANNING COMMISSION MEETING OF JUNE 2, 1998 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. CONSENT ITEMS 4. PUBLIC HEARINGS * 4.1 Case 98-08 Request for Comprehensive Sign Plan Approval and Variances to Sign Code, Caribou Corners, LLC/Jay Mutschler, 9408-9446 36th Avenue North, Petitioner 4,2 Case 97-33 Discussion Regarding Curb Cuts in R-1 Zoning District, City of New Hope, Petitioner 5. COMMITTEE REPORTS 5.1 Report of Design & Review Committee - Next Meeting: June 18 at 8 a.m. 5.2 Report of Codes & Standards Committee - Next Meeting: June 17 at 7 a.m. 5.3 Report of Comprehensive Plan Update Committee - June 11 at 5:00 p.m. 6. OLD BUSINESS 6.1 Miscellaneous Issues 7. NEW BUSINESS 7.1 Review/Approval of Planning Commission Minutes of May 5, 1998. 7.2 Review of City Council Minutes of April 27 and May 11, 1998. 7.3 Review of EDA Minutes of February 9, 1998. 8. ANNOUNCEMENTS September Planning Commission Meeting to be held 2nd Tuesday on September 8 9. ADJOURNMENT *Petitioners are required to be in attendance CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 98-08 Request: Comprehensive Sign Plan Approval and Variances to the Sign Code Location: 9408-9446 36th Avenue North PID No.: 18-118-21-33-0103 Zoning: B-4, Community Business, Zoning District Petitioner: Caribou Corners LLC Report Date: May 29, 1998 Meeting Date: June 2, 1998 BACKGROUND 1. The petitioner is requesting comprehensive sign plan approval and variances to the Sign Code, pursuant to Section 3.467(4) of the New Hope Code of Ordinances. 2. As you are aware, Post Haste Shopping Center was recently purchased and has new owners, who are attempting to revitalize the center with new tenants and site/building improvements. · 3. In April the Planning Commission and City Council approved a Zoning Text Amendment to allow commercial day care centers in Commercial Zoning Districts by conditional use permit. The Council also approved a conditional use permit to allow Bright Start Children's Center to locate in the center, along with site and building plan review/approval. Bright Start will occupy approximately 6,500 square feet in the northeast corner of the 22,000 square foot shopping center at the corner of 36th Avenue and Highway 169 starting July 1, 1998. 4. One of the conditions of that approval was that a comprehensive sign plan for the center be submitted to the City. This application is a result of that condition. In conjunction with the comprehensive sign plan approval, the petitioner is requesting a variance from the ground sign setback requirement and a variance from the ground sign shopping center identification requirement. The submitted plans also show that one of the wall signs will exceed 100 square feet and this conflicts with the petitioner's letter which states that no wall sign will exceed 100 square feet. A variance is required if the sign exceeds 100 square feet and this needs to be clarified with the petitioner. The plans also show a 220 square foot ground sign on 36th Avenue and this also would require a variance unless the plan is revised to 200 square feet. 5. The shopping center was constructed in 1971 and the property contains 3.7 acres. 6. Surrounding zoning and land uses include R-1 single family homes to the north and east, R-O office and R-2 twinhomes to the south across 36th Avenue, a B-3 gas/convenience store to the southeast, and Highway 169 to the west. 7. The property is located in Planning District #18, which describes a neighborhood shopping center at the southwest corner of the district that should be screened such that the impact on adjacent single family homes is minimized. 8. Property owners within 350' of the request have been notified, including the City of Plymouth, and staff have received several inquiries from neighbors abutting the property. ANALYSIS COMPREHENSIVE SIGN PLAN 1. Section 3.467 of the New Hope Sign Code, Signs Accessory to Multiple Occupancy Business and Industrial Uses Includinq Shopping Centers, states that "when a single principal building is devoted to two or more businesses, or industrial uses, a comprehensive sign plan for the entire building or shopping center shall be submitted and shall include the information required by paragraph (1) to permit a determination as to whether or not the plan is consistent with paragraphs (2) through (4) of this subsection. No permit shall be issued for an individual use except upon a determination that it is consistent with a previously or concurrently approved comprehensive sign plan. The effect of said comprehensive sign plan is to allow and require the owner of multiple occupancy structures to determine the specific individual sign requirements for the tenants of his building. As sign locations and size, etc. may be of some significant importance in lease arrangements between owner and tenant, it is the City's intention to establish general requirements for the overall building only, thus providing a building owner with both the flexibility and responsibility to deal with his individual tenants on their specific sign needs." (1) Comprehensive Si.qn Plan Information. The applicant shall prepare a written and graphic comprehensive signage plan for submission to the City. Said plan shall include, but not be limited to, the following information: · Sign location (both wall signs and frees[anding signs) Sign area Sign height · Scaled building elevations Scaled floor plan that outlines tenant bays Identification of anchor tenants Description of window signage use · Identification of sign design · Sign Construction Drawings (sections) · The Council, Planning Commission, and City staff may request additional information from the applicant concerning the application or may retain expert opinions at the expense of the City, or may require as a condition of proceeding with its consideration that the applicant furnish expert opinion and data at the expense of the applicant. (2) Compliance. All signs shall comply with the provisions of Subsections 3.465(1)(c) and (4) and 3.442 except as otherwise provided. Subsection 3.465(1)(c), Metal Electrically Illuminated Signs, states that "Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to a grade of nine feet. Accessory lighting fixtures attached to a non-metal frame sign shall maintain a clearance of nine feet to ground. In the event a metal sign structure or accessory fixture herein described is grounded by the use of a grounding conductor run with the circuit conductors and said structure or fixture is also grounded by being bonded on a grounding electrode at the sign site, no clearance to grade shall be mandatory." Subsection 3.465(4) refers to roof signs, which is not applicable in this case. (3) Wall Signs. Maximum Area. The total allowable sign area for a multiple occupancy structure shall not exceed 15 percent of the combined wall surfaces on walls which abut streets in Limited or General Planning Case 98-08 Page 2 6/2/98 Business Districts or 10 percent in Limited or GeneraI Industrial Districts. No individual tenant identification sign may exceed 100 square feet in area, Buildinq Identification, No multiple occupancy structure may display more than two overall building identification signs. Tenant Identification Signs, Individual tenants located within multiple occupancy structures shall be permitted to display individual identification signs, if they have separate exterior entrances to their use or they are tenants in a shopping center, in which case, not more than one sign may be displayed. A tenant occupying a corner location fronting two streets may display identification signs to both street frontages. Delivery Si.qns A delivery sign or signs not exceeding nine square feet in area may be located on the side or rear wall of the structure. (4) Ground Si.qns. (a) Shormin_~ Centers: Shopping centers containing more than four separate and distinct occupancies may erect only one ground sign per street frontage (single or double faced) to be used as an identification sign for the shopping center. Said ground sign may not exceed two hundred (200) square feet in area, nor thirty (30) feet in height and must be set back a minimum of, twenty (20) feet from all property lines. IndiVidual businesses within the shopping center may be allowed tenant identification in a directory contained within the identification sign pursuant to the following c°nditions: (1) The shopping center must use fifteen (15) percent or more of the sign area for the center's name identification. (2) Advertising or reader boards shall also be allowed on the identification ground sign provided the inclusion of said boards in combination with the tenant directory and center identification does not exceed the 200 square feet maximum sign area. 2. Ground signs - The petitioner is proposing two ground/pylon signs as follows: 36th Avenue Pylon - The existing 36th Avenue pylon sign will remain in its present location and will be updated with new tenants and graphics. The sign will include the names of eight shopping center tenants and include the Post Haste Square center identification on the top within a triangular shape intended to match similarly shaped gables on the main building. A. Area - The face of the sign is 10 feet wide x 21 feet tall (210 square feet) and the triangle on top with center identification is 10 square feet, for a total area of 220 square feet. B. Hei.qht - The height of the sign is 28.6 feet and meets the Sign Code requirement of 30 feet maximum height. C. Variances - If the sign is to remain as presented, two variances are required: 1) A 20 square foot variance for area 2) A variance for the reduced shopping center identification (15% of 200 square feet = 30 square feet and 10 square feet are proposed). Staff feels that the upgraded sign will be an improvement over the existing sign and does not have a problem with the variance for the reduced center identification size because the requirement will probably be eliminated with the Sign Code revision that is currently underway and a similar variance was recently granted for Winnetka Center. Staff does not support the sign area variance and recommend that the total sign area be reduced to 200 square feet. Planning Case 98-08 Page 3 6/2/98 Hi.qhwa¥ 169 Pylon - A new pylon sign is proposed to be installed on the west side of the property adjacent to Highway 169. The new pylon would contain the names of the four primary shopping center tenants and would have a triangular top (similar to the 38th Avenue sign) to match the gables on the main building. The petitioner's letter states that the center's name would not be imprinted on this sign: A. Area - The face of the sign is 14 feet x 14 feet or 196 square feet (the triangular shape at the top would not be included because there is no center identification). The sign meets the Sign Code requirement of 200 square feet. B. Height - The height of the sign is 30 feet and meets the Sign Code requirement. C. Setback - The new sign is proposed to be set back 10 feet from the property line and the Sign Code requirement is 20 feet, therefore, a 10-foot setback variance is necessary. D. Center Identification - The current Sign Code requires that 15% of the sign be devoted to center identification and no center identification is shown on the sign, therefore, a variance is required. The Sign Code update will probably eliminate this requirement. E. Variances - Staff supports the setback variance because of the sign's location in the parking lot. Staff would recommend that the petitioner consider adding center identification to the sign, but do no have a big issue with this variance request. 3. Wall Sian$ - The petitioner is proposing the following wall signs: West Elevation Original Mattress Factory 30" x 40'-8" 101 square feet Tropic Tan 30" x 23' 57 square feet Nails 30" x 10'-7.5" 27 square feet Tailor 30" x 14'-4" 36 square feet Bridgemans 4' x 21' (estimate) 85 square feet South Elevation Bridgemans 4' x 21' (estimate) 85 square feet Cleaners/Floral/Gifts 30" x 11 '-3" 28 square feet Kinko's 30" x 15'-6" 39 square feet East Elevation Beanie World 30" x 28'-9" 72 square feet Superior Driving School 28" x 47'-6" 107 square feet Bright Start (triangular sign in mansard) 64 square feet North Elevation No sign on north side of building 4. All tenants are allowed 100 square feet of wall signage except corner tenants, who are allowed two signs. The submitted plans all comply with the 100 square foot requirement except the Superior Driving School sign, which is 107 square feet. This sign requires a variance if the size is not reduced. 5. Eight of the signs have individual channel letters that are proposed to be mounted on an electrical raceway that will be centered vertically on the new green mansard roof edge. These signs will consist of blue and red letters. Planning Case 98-08 Page 4 6~2~98 6. One triangle sign is proposed for the Bright Start Day Care on the east wall (not lighted). 7. Two rectangular cabinets (existing) are proposed to remain at Bridgemans on the south and west walls, centered vertically on the mansard roof edge. 8. Staff has some concerns that the plans do not correlate with the submitted letter and request that one or both be revised so that the documents match. For example, the letter states that wall signs will not exceed 100 square feet, but the plan shows one sign larger than 100 square feet. 9. The letter also. states that tenants may have standard and uniform awnings with or without lettering (color may vary), but no awnings are shown. 10. Staff recommend that all details be clarified with the petitioner, including the following details: A. eliminate wall sign variances B. specify awnings sizes, locations, construction and colors C. state, in writing, no wall signs facing north D. state, in writing, which signs will not be lighted (Bright Start?) E. eliminate area variance for 36th Avenue pylon 11. Staff does not have a major issue with the variances for the Highway 169 pylon setback or the shopping center identification variances. RECOMMENDATION Staff recommends approval of the Comprehensive Sign Plan and the setback and shopping center identification variances, subject to all details being clarified and revised plans being submitted. Attachments: Zoning/AddressFropo Maps Property Survey Signage Site Plan 36th Avenue Pylon Sign Highway 169 Pylon Sign East Elevation Wall Signs Bright Start Sign Detail West Elevation Wall Signs South Elevation Wall Signs North Elevation - No Signs Sign Details Staff requests that Planning Commissioners return their colored sign prints to staff after the meeting so that they are available for the City Council packet. Planning Case 98-08 Page 5 6/2/98 GOLDEN VALLEY NORTHWO0 PARK ~ 36 TH N. ~ ST. JOSEP _~..~ ~ ,CATHOL 3~'4; CHURCi- 35 T~ AV · - _. ~ ~ ~ ~1~ ~1~ ELEMENTARY , ~ ~1 ~ ... ~4TH AVE N. ~'~E SCHOOL ." - HIDDEN ," NORTH 34005 : ~ 'x ". AV~.NUE '.. 985.8 X ~ eTa. co & ~ i ,..' .; : '" ~k'l~ OF P~OTC~RAPt'tY ' BRIDGEMAN'S ORIGINAL MATTRESS FACTORY BRIGHT START DAY CARE TROPIC TAN NEW HOPE TAILORS 2' __ NEW HOPE DRY CLEANERS BEANIE WORLD, INC. 2' SgPERll DNVIll6 SCflOOL, INC ~'--- NAIL SALON, INC. 10' I bO" t PROJECT ~'~=.ALI: customer aeq~ovaL THIS I)RAwlNc Is THE pROPErTY OF ADDRESS DRA~VN BY ~^~,N schad'tracq siqns CIW ~S~P. } 2 ~ MINNESOTA AVE. N. 1610 E. CLIFF ~D. NEWHO~E MIKE .¢ -' O~N~O, MN ~T960 BURNSVlLLE, MN S[A[E DAlE DA~ ~ONEI 507-}67 .26}1 PHONE t F~ / ~O7-}67-26}} F~ / 61 MINNE~OT^ 5/26/98 ORIGINAL MATTRESS FACTORY BRIDGEMAN'S CLEANERS BRIGHT.START DAY CARE ADDRESS DRAWN BY _ CITY SALESREP. 325 MINNESOTA AVE. N. 16 I O E. CLIFF RD. i'.IE!WHOPE MIKE .P . ORONOCO, MN 55960 BURNSVILLE. MN 553 ~' / STALE DATE DATE PHONE/ 507-367-2631 PHONE '617 ,%94 2-t'21 MINNE.SOI/'s ~/20/98 FAX / 507-367-2633 FAX / 6 I ~? ~',~ t 71-18 ~ ~o'~ o" ~ ~ m ~ ~ .... ~ , - ~ SITE PLAH revis~ sheet I~t~!11~1~ THOMAS WILLIAM"PROKAIKY I ASSOCIATISeAICHITECT! 9416-9448 36TH AVE.,NO., NEW HOPE, MN Ir. IDIVIPUAt LIT IEI1Ek :..EC;~C,H TYPICAL MANSARD MOUNTED ILLUMINATED LETTERS ~?o'~ '~1~ '~-[' i 2Z-9" I 'ir ~'"~ORIGIN~L J~ATTRE$$ ' .~-5+'OmGm~[ ~ATTRESS FACTC~Y 30APR98 ¢,5/27/98 14:27 FA~ 612 703 ,5025 JGM MlffSCHLER 1224 West 96th St, BIoomlngton. MN §543t 612-884~8548 t'ax: 612-884-7645 May 27, 1998 Kirk McDonald City of New Hope 4401 Xylon Ave. N. New Hope, lViN 55428 Re: Poste Haste Center CSP File #131.01-98.05 Dear Mr. McDonald: The Owners of Poste Haste Square have met to consider staff and commissioner comments and to clarify this Comprehensive Sign Plan as follows: 1. Wall signR on thc building will not exceed 100 scl.ft. Each tenant shall be allowed only one sign unless they lease a space that has more than one exterior side and then there shall be a sign allowed on each side. 2. There will be two Pylon ground signs. The er/sting 36th Street pylon will rema/n with a triangular top to correspond with the shnilarly shaped gables on the main building and will have the name of the center imprinted on it. The new freeway pylon sign will also have the triangular top, however, without the center's name imprinted on it. The sign facc of this pylon, excluding the triangular top, shall not exceed 200 square feet; 3. Most if not all of the tenants will have window signage not to exceed 20% of the~gross window area. Th/s is necessary for customers walking on the sidewalk underneath the overhang to identify the busincsse~ and their entrances, 4. Tenants may have standard and uniform awn/ngs with or without lettering (color may vary). If the tenants do have'lettering on their awning, we understand that the awning would then constitute the sign for the tenant. We hope our sign plan meets with thc city's intent and approval, We are looking forward to working with the city and implementing the enclosed sign plans. Please call me at my new direct line telephone numbcr of 884-8239 should you have any questions on this sign proposal. 05/27/98 14:27 FAX 612 703 5025 JGI/ h'IYrSCHLER [~003 Kirk McDonald Pa~ 2 May 27, 1998 Sincerely, J. Jay Mutschler Building Manager 3.mallsign.598 CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 97-33 Request: Discussion Regarding Curb Cuts in R-1 Zoning District Location: City-Wide PID No.: Zoning: R-l, Single Family Zoning District Petitioner: City of New Hope Report Date: May 29, 1998 Meeting Date: June 2, 1998 BACKGROUND 1. At the May 5 Planning Commission meeting, the Commission approved an ordinance amendment regarding garage sizes and accessory buildings. At the time the ordinance was discussed, several commissioners requested that the issue of allowing additional curb cuts in the R-1 Single Family Residential Zoning District be reviewed by the Codes & Standards Committee. 2. The Codes & Standards Committee discussed this matter at its May meeting and reviewed the attached report that had previously been prepared by the Planning Consultant in December of 1997. 3. The recommendation of the report is that an ordinance amendment not be pursued that would allow single family lots to have multiple driveways as a permitted use. The Committee agreed with this recommendation and agrees that each situation should be evaluated on a case-by-case basis through the variance process. The Committee did not support changing this process to a conditional use permit process. RECOMMENDATION That a code amendment not be pursued to allow single family lots to have multiple curb cuts as a permitted use. Attachment: 12/11 Planner's Report DEC-11-1999 16:~6 NAC 61~ 59S 983? P.02×09 I · COMMUNITY PI..ANNIN(3 - DF-.,,~IGN" MARKET IqESF-.AIqCH MEMORANDUM TO: Kirk McDonald FROM: Alan Brixius DATE: 11 December 1997 RE: New Hope - Curb Cuts FILE NO: 131.00 - 97.18 BACKGROUND In conjunction with staff discussion of a~ceaaory buildings, the topic of accessing a rear yard accessory building via a driveway was raised. W'~hin the R-I zoning district, the City has many homes that-oc,~upy the entire buildable width of the single family lot. This leaves only ~ requ!red setbad~ aa a means to access the rear yard. The R-1 district requires a 10 foot aide yard setback, except that an attached garage may be located within five feet of a side lot line. The R-1 district lot dimensions, setbacks and typical house placement often complicate rear yard vehicle access via a single driveway. In recent history, the City Council has granted variances for multiple driveways for lots wanting to access a rear yard accessory building. In light of current conditions and past Council approval of variances for multiple curb cuts, staff discussed the poestbiltty of amending the City's Zoning Ordinance to allow multiple curb cuts and driveways for single family lots. While this ordinance change may resolve the rear yard access issue, we believe it will create more problems than it resolves. In the following pages we have outlined the issues surrounding this topic. EXISTING REGULATIONS Section 4.036 (4) (h) outlines the performance standards for parking stall, aisle, and ddveway design. The following provision from this section addresses driveways and curb 5775 WAYZATA ;='OUL. I='VARD. SUITE'S555 ST. LOt. J[~ PHONE ~ I ~-595-<~3~ FAX DEC-11-1997 16:2"/ NAC 612 595 9839 P.03/07 establl~ ~ lim~ ~ numb~ ~ a~ss poin~ to the ~blic s~ets, pmse~e proper traffic visibili~, p~ ~e o~rafional cham~isti~ ~ the s~ p~aini~ to traffic moveme~, ~~ and sn~ st~e. (iv) ~ Cut Pm~m~ to [nterse~io~ No cu~ ~ or o~er dHv~y a~ss ~all be I~t~ I~ ~an ~ feet ~m ~e inter, ion of ~o or more ~ d~-~y. ~is di~an~ shall ~ measured from the i~erse~ion (vi) Curb Cut M~imum. No cu~ cut a~ss shall ex~ ~e following width dimensi~s at the pmpe~ line: Residential- 24 fe~ CommemiaFindustHal 26 feet N! curb cuts ~all be ins~ll~ to ~mply ~ the Ci~'s cu~ ~t design ~nda~. C~ ~ ~s not ex~ding 32 feM may be ~iffed subje~ -~ r~ ~d ~d~ion ~ ~ Ci~ Engineer and approval ~ the Ci~ Council. Before ~e City Engineer ~mmends a ~rb ~ ex~ing the m~imum ~d~s set out heroin, he shall ~ider the ~ ~ land use ~e ~ ~ ~11 ~we, the e~ent and nature ~ ~ ~hi~lar ~c anticipat~ will be Io~ted. ~ Ci~ Engineer ~all al~ ~nsid~ any r~ulations promuig~ by ~e Minnesota Commi~ioner ~ Transpo~afion relative to drive~y a~ ~ ~ dimensi~s b~om m~ing a r~mmendation to ex~d ~e 26 fo~ m~imum widffi. (vii) Curb Cut Minimum__. Curb ~ openings shall be located at minimum five feet from the side yard lot line in ail districts. (viii) C;urb Cut Separation. Driveway access curb openings on a public street ~ except for single, two family and townhouse dwellings shall not be located less than forty feet from one another. (x) Driveway Accel. Minimum. Each property shall be allowed one driveway access for each one hundred twenty-five feet of street frontage. All property she#be entitled to at least one driveway access. Single family uses shall be limited to one ddveway access per lot. 2 188UE$ AND A ALYSI6 The provision of multiple curb cuts for single family lots must be evaluated with regard to the City's typical single family lots and residential streets. The following issues were identified and discussed with the New Hope Public Works Director:. Lot Size. The R-1 zoning district requires a minimum lot width of 75 feet. This narrow frontage presents concerns for multiple curb cuts and driveways with regard to setbacks between driveways, impervious surface and yard appearance. The common pavement widths for driveways typically range from 10 to 12 feet for single car driveways to 18 to 20 feet for double wide driveways. The application of two driveways to a minimum lot width could result in between 26% (two single driveways) to 42% (a combination of single and double driveways) of the lot width being consumed by driveway area. This is imposing impact on the minimum size lot. This impact is emphasized further if multiple lots within the same block pursue similar requests or if the requests are from cul-de-sac lots which have narrower street frontages. Driveway Setbacks. With the minimum lot width allowed ih_New Hope, the spa.~ng between driveways becomes very-small if a number of lots pursue multiple driveways. As shown on Exhibit A, the ~urrent five foot required ddveway setback from the side lot line would allow driveway ourb outs on adjoining lots within 10 feet of one another. Curb cuts on the same lot co~ld be ~tatback as much as 40 feet if the lot use~ two single driveways. The spacing would be less if one of the driveways is a double wide. The nan'ow spacing between driveways impa~ the use of the public street and boulevards in the following manner:. 1. Street access points. Increasing number of curl3 cuts onto a street impacts traffic safety with regard to sight lines, traf~ speed and traffic conflicts. This issue impacts the operation on all streets, but the impact is greater on higher functional classification collector and artedal streets. These functional classification streets are intended to carry traffic through a neighborhood. Communities generally attempt to limit am=ess to these streets to preserve their intended fun~ons. New Hope has a number of higher functional classification streets that provide direct access to single family lots. 2. On Street Parking. Residential streets are designed to accommodate on-street parking. Increasing the number of curb cuts for residential properties will reduce the pote~ parking supply available on a residential street. Snow Storage. Increased number of curb cuts reduces the boulevard area available for snow storage. The driveways are typically cleared to the side yards with the greatest piles of snow stored at the street end of the driveway. Numerous, closely spaced curb cuts 3 DEC-11-1997 16:29 NAC 612 595 9859 P.05×B9 present snow plowing problems for the Public Works with regard to snow storage. An example of these problems is currently evidenced in the snow plowing of cul-de-sac streets. The large pile.~ of snow between closely spaced driveways can also present traffic visibility issues for cars entering the street. Curb Cut Come,rt. Additional curb cuts will involve cutting the existing curb for the installation of a curb cut and driveway apron. The initial costs would be borne by the property owner. In future street improvements or curb replacement, the City assessment policy only assesses the residential property for one curb cut. With the allowance of additional residential curb cuts either the City would have to change its assessment policy or the cost of additional curb cuts will be assessed over the entire street improvement project area. CONCLUSION Based on the aforementioned review, we would not be supportive of an o~:linance amendment that would allow all single family lots to have multiple driveways as a permitted use. If the City believes there are instances where multiple driveways for single family lots are acceptable, they should be evaluated on a case by case basis. Options pursuing this type of review include: 1, Variances. The City has in the past approved variances for multiple curb cuts on a single family lot. The City may continue with this pro,ice and no cl~ange in the ordinance would be tequirad. The problem with the variance pn:medure for this type of request is the need demonstrate a non-economic, physical hardship unique to the property to justify the variance. 2. Condrdonal Use Permits. An alternative to variance requests would be to amend the City's Zoning Ordinance to allow multiple driveways by conditional use permit (CUP). In cortjunction with the CUP, performance standards could be established reducing the impacts of multiple curb cuts on the proposed lot and adjoining streets, such as: a. Multiple curb cuts may only be allowed on single family lots having 75 feet or more of ~'eet frontage. b, Multiple curb cuts for single family homes shall not be allowed onto collector or arterial streets. c. Multiple driveways on a single family lot shall have an accumulative driveway width ef not more than 30 feel No individual driveway may exceed a width of 20 feet. 4 DEC-II-199? 16:28 NAC 612 595 983? P.06×07 d. Applicant must demonstrate that a second driveway is necessary to gain access to the rear yard based on physical constraints of the lot. The Code and Standards Committee must determine if there is a need to allow multiple curb cuts for single family lots. If a determination that multiple curb outs are appropriate, the procedure for allowing them must be defined. Both the variance an conditional use pen'nit would serve to limit multiple curb cuts for single family homes and allow a ease by case review. W'~h the direction of the Codes and Standards Committee, more formal performance standards may be formulated to address this issue. pc: Steve Sondral Jeanine Dunn Doug Sandstad 5 TOTAL P,O? Memorandum To.' Planning Commission Members From: Kirk McDonald, Director of Community Development Date: May 29, 1998 Subject: Miscellaneous Issues NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional detail on Council/EDA actions. It is not required reading and is optional information provided for your review, at your discretion. ~ · 1. May 11 Council Meeting - At the May 11 Council meeting, the Council took action on the fOllowing planning/development/housing issues: A. Project #573, Motion Approving Quote Submitted by Wrobleski's Lawn Service in the Amount of $3,985.26 for Stump Removal, Gradin_cl. and Landscaping at the Previous City- Owned Home at 5212 Winnetka Avenue: Approved, see attached Council request. B. Planning Case 97-32, Request for Rezoning 7300 Bass Lake Road from B-3, Auto Oriented Business, and 7332 Bass Lake Road from R-O, Residential Office, to R-3, Medium Density, Zoning District, CUP/PUD Concept Stage Approval to Allow Townhouse Development, Variances to PUD Setback Requirements, Building Length, and Private Roadwya Width, Site/Building Plan Review/Approval, and Preliminary Plat Approval of PPL Addition, 7300- 7332 Bass Lake Road, Project for Pride in Living: Approved, see attached Council request. C. Resolution Approving Purchase of 7601 and 7641 62"d Avenue North: Approved, see attached Council request. D. Resolution Approving Utilization of Evergreen Land Services Company for Relocation Services for 7601 & 7641 62"d Avenue North: Approved, see attached Council request. E. Ordinance No. 98-05/Planning Case 97-27, An Ordinance Amending the New Hope Zoning Code by Modifying the Regulations Applicable to Accessory Buildin.qs and Gara.qes in Residential Districts: Tabled to May 26 Council meeting. 2. May 26 Council Meeting - At the May 26 Council meeting, the.Council took action on the following planning/development/housing issues: A. Proiect #643, Resolution Approving Hennepin County Electronic Proprietary Database (EPDB) Conditional Use License Agreement: Approved, see attached Council request. B. Project #$89, Motion Approving the Landscal~in_cl and Grading Plans for 9116 31st Avenue North: Approved, see attached Council request. C. Planning Case 97-06, Resolution Reversing Resolution No. 98-27 and Granting Variance Request from Fire Chief's Order Requiring Fire Alarm and Smoke Detection System at 7300 49t~ Avenue North: Approved, see attached Council request. D. Planning Case 97-06, Resolution Authorizing City Staff to Draw Upon 7300 49th Avenue North Letter of Credit: Approved, see attached Council request. E. Project #616, Resolution Approving Contract Between City of New Hope and Earl F. Andersen for 1998 Street Identification Sign Replacement Project in the Amount of $57,541.79: Approved, see attached Council request. F. Project #639, Acceptance of Master Plan for Civic Center Park: Approved, see attached Council request and copy of plan. G. Ordinance No. 98-051Plannin.q Case 97-27, An Ordinance Amending the New Hope Zonin,q Code by Modifying the Regulations Applicable to Accessory Buildings and Garages in Residential Districts: Approved, see attached Council request. 5. Codes & Standards Committee - The Committee met in May to continue discussion on the Sign Code, home occupations, and certificates of survey. 6. Design & Review Committee - Design & Review met in May to review the Comprehensive Sign Plan for Post Haste Center. 7. Comprehensive Plan Update Committee - The Committee will be meeting on June 1 i. 8. Project Bulletins - Enclosed project bulletins on Northwood Lake Park and 5629 Wisconsin Avenue. 9. Miscellaneous Articles - Also enclosed is an article from Zoning News. · 10. Other planning)housing/development issues that staff have been working on, that will probably be considered at the July Planning Commission meeting,-include: A. YMCA gazebo front yard variance B. Avtec Finishing expansion Attachments: 5212 Winnetka Landscaping Plan Project for Pride in Living 7601/7641 62n~ Avenue Purchase 7601/7641 62"d Avenue Relocation Service Electronic Proprietary Database Agreement 9116 31~ Avenue Landscaping Plans 7300 49~ Avenue (Hoyt) Fire Alarm Variance 7300 49~ Avenue Letter of Credit 1998 Street Signs Replacement Master Plan for Civic Center Park Ordinance No. 98-05 Project Bulletins Miscellaneous Articles COUNCIL R,F b'E T FOR ACTION Originating Depa~b~,ent Approved for Agenda Agenda Section Community Development Consent Susan Henry o-~, ~-=/~ Item No. By: Community Development Specialist By:./'/ 6.8 MOTION APPROVING QUOTE SUBMI'I-I'E/D/BY WROBLESKI'S LAWN SERVICE IN THE AMOUNT OF $3,985.26 FOR STUMP REMOVAL, (~)RADING, AND LANDSCAPING AT THE PREVIOUS CITY- OWNED HOME AT 5212 WINNETKA AVENUE NORTH (IMPROVEMENT PROJECT NO. 573). At the December 8, 1997, Council meeting, the City Council approved plans and specifications for landscaping at the previous City-owned home at 5212 Winnetka Avenue North and authorized staff to obtain quotes. The City Forester developed the landscaping plans and specifications, which are enclosed. The plan incorporates both new and existing landscaping. Earlier this spdng, the City went out for bids and received none, due to the early spdng and busy landscapers. Recently, the City went back out for bid and the following two bids came in: Company Quote Midwest Landscapes, Inc. $8.260.00 Wrobleski's Lawn Service $3,985.26 Wrobleski's Lawn Service submitted the Iow quote and their quote for stump removal, landscaping, and grading is lower than the Midwest Landscapes quote. The home was purchased by Mahmood Kalim and Perween Aktar and the closing on the home was Apdl 30. The contract calls for the stump removal, landscaping, and grading to be completed no later than June 15, 1998. This language was included in a purchase agreement addendum at closing. Staff recommends approval of a motion approving the Iow quote submitted by Wrobleski's Lawn Service in the amount of $3,985.26 for landscaping at the previous City-owned home at 5212 Winnetka Avenue North. MOTION BY SECOND BY TO: Review: ),dmini-.~-aUon: Finance: RFA-O01 PLANT SCHEDULE FOR 5212 WINNETKA AVENUE NORTH Qnt. Key Common Name Botanical Name Size 2 BHS Black Hills Spruce Picea glauca 6' B&B 8 TY Taunton Yew Taxus x media 'Taunton' f~5 cont. 5 SJ Scandia Juniper Juniperus sabina 'Scandia' ttS. cont. 3 DWE Dwarf Winged Euonymus Euonymus alatus 'Compactus' 3' B&B 7 DEV Dwarf European Viburnum Vibumam opulus 'Nanum' ft2 cont. 11 GFS Gold Flame Spirea Spirea x bumalda 'Goldflame' ~2 cont. 250 sq. yd. (est.) Sod Hardscape items: 60 lineal ft. (est.) Plastic edging Wood chip mulch FOI ACTI Orl~m~ Dq~artm~nt Apprm~l for ~a ~v~lopm~nt~da ~on Gommuni~ D~lopm~nt & ~lanning 5-~ ~-¢8 Item No. ~: Ki~ McDonald ~ P~NNING CASE 97-32, REQUEST FOR REZONING 7300 BASS ~KE ROAD FROM B-3, AUTO ORIENTED BUSINESS, AND 7332 BASS ~KE ROAD FROM R~, RESIDENTIAL OFFICE, TO R-3, MEDIUM DENSI~, ZONING DISTRICT, CONDITIONAL USE PERMIT/P~NNED UNIT DEVELOPMENT CONCEPT STAGE APPROVAL TO ALLOW TO. HOUSE DEVELOPMENT, VARIANCES TO PUD SETBACK REQUIREMENTS, BUILDING LENGTH, AND PRIVATE ROADWAY WIDTH, SIT.BUILDING P~N REVIEW/APPROVAL, AND PRELIMINARY P~T APPROMAL OF PPL ADDITION, 7300 - 7332 BASS ~KE ROAD, PROJECT FOR PRIDE IN LIVING, INC., PETITIONERS ProjeM for Pride in Living, Inc. (PPL) has submiffed development applications for the redevelopment of a block be~een Pennsylvania and Nevada Avenues. ~is block cuffently consists of eight four-plex residential buildings, a non-confo~ing gas station, and a non-conforming offi~ building. The currant land uses have created a number of problems for both the City of New Hope and the adjoining C~stal neighbo~oods. Due to the condition and character of the land use in this block, the City has identified these sites as priori~ for redevelopment in the Ta~ics potion of the Comprehensive Plan Update. The proposed project Will se~e to implement the following goals: 1) Provide some much needed rehabilitation of the existing four-plex buildings through their convemion to ~o unit, side-by-side townhomes, with the addition of garages; 2) Create three and four-bedroom townhomes which am in high demand within the noAhwest subu~an communities; 3) Eliminate the non-conforming gas station and office building along Bass Lake Road; 4) The proje~ will be an aesthetic enhancement along Bass Lake Road and will provide ongoing responsible and responsive prope~y management through PPL; and 5) The redevelopment projeM will also provide the oppo~unity to corre~ some historic drainage problems for the site and adjoining single family lots and add significant landscaping to the site. These goals am consistent with the Ci~'s obje~ives for the area and its 19~ Housing A~ion Plan. The City has made a financial commitment to assist in implementing these redevelopment effo~s. City staff has been meeting with the PPL development team, C~stal Ci~ staff, School Distri~ 281 officials, and neighbors adja~ to the pro~y sin~ De.tuber 1997, wo~ing to resolve issues related to the site plan design and development application. (cont'd.) M~ON BY SECO~ ~ ~: ~~n: F~: Request for Action Page 2 5-11-98 The PPL development application includes the following: 1) A request to rezone the entire project site to R-3 Multiple Family Residential. The project site currently has three zoning districts - R-3, R-O, and B-3. The single zoning district will accommodate the proposed use and requested subdivision; 2) A request for a subdivision/lot combination to combine all 11 of the existing parcels of land within the proposed project site into a single lot and block legal description; 3) A request for a conditional use. permit/planned unit development concept stage approval to allow townhomes per Section 4.074(3) of the New Hope Zoning Code; and 4) Site and building plan review/approval. Due to the site's size, configuration and building constraints, the site plan as it is designed is requesting the following variances from the New Hope City Code: 1) The Zoning Code requires buildings to be set back 15 feet from the curb line from pdvate roadways and parking areas. The applicant is requesting a variance to allow a four-foot setback between buildings and parking stalls at the north end of the site. The need for parking and site drainage requires this reduced setback; 2) The Zoning Code requires buildings to maintain a separation setback equal to one-half the sum of the height of the two adjoining buildings. The applicant is requesting two variances from this performance standard. The first vadance involves the setback between the new townhomes on the north end of the site and the garages attached to the existing b~uildings (a 19-foot setback is required, a 17-foot setback is being requested). The second vadance deals with the setback between existing buildings in the center of the project site (a 22- foot setback is required, a 20-foot setback exists); 3) The Zoning Code prohibits a townhome structure from having a length greater than eighty (80) feet without an offset of 10 feet or more. By connecting the three existing buildings on both the east and west side of the site with garages, the structure length becomes 205 feet long without a 10-foot offset; 4) The Zoning Code requires pdvate roadways to have a 25-foot minimum width. The applicant is requesting a 22-foot pdvate roadway width to allow additional landscaping and green space; 5) The Zoning Code requires 90-degree parking to provide a 24-foot drive aisle width. The applicant is requesting a reduction to a 22-foot width. Parking stalls are nine feet wide, which allows adequate turning radius for cars accessing and egressing the parking stalls. At this point in the development process, the applicant has not completed all of its detailed development plans, therefore, the project is 'being presented for planned unit development conceptual approval. Following the concept stage approval, PPL will be submitting more complete development stage plans which will be presented at a future meeting. The size of the parcel is 3.8 acres and includes the following 11 properties which are in the process of being acquired: · Eight R-3 properties (existing four-plex units under individual ownership, including Breckenridge group care facility, which will remain) at 7302-7316 Bass Lake Road · 100 feet of School District 281 property north of the site · One R-O office building located at 7332 Bass Lake Road · · One B-3 auto-oriented gas station located at 7300 Bass Lake Road Surrounding land uses and zoning include single family properties in Crystal on the east and west, St. Raphael Church and School (Crystal) to the south ac. ross Bass Lake Road, and District 281/Thorsen Resource Center (Crystal) to the north of the site. The topography of the property is generally fiat with a poorly defined drainage pattern, with some negative impacts to the Crystal residential properties to the east and west. The proposed redevelopment will include substantial improvements to the storm drainage system. PPL began working with City staff in the spring of 1997 to identify problem buildings and explore the possibility of redevelopment. One of the City's highest priority redevelopment areas, the eight four- plexes on the north side of Bass Lake Road between Pennsylvania and Nevada, offered a unique opportunity. On this site, the proposed project ~:an accomplish four goals simultaneously: provide much needed rehabilitation to the four-plexes, eliminate the non-residential gas station and office building, create three and four-bedroom townheuses which are in high demand, and provide responsible and Request for Action Page 3 5-11-98 responsive property management. While the current properties have created some major problems for other neighbors and the City, there are some significant assets: the courtyard with mat. ure trees and the adjacent Thorsen Family Resource Center. The proposed project has 34 units, 14 four-bedroom units created by renovating the current four-plexes into side-by-side duplexes and 20 new three-bedroom townhouses. Land for the townhouses is made available through demolition of the gas station and office building and through the purchase of 100 feet of the School District property at Thorsen. In the fall of 1997, PPL presented a concept proposal to the New Hope EDA followed by a meeting for the neighbors to the site (Crystal residents) in early November, Adjacent homeowners expressed support for the redevelopment because PPL committed to improve drainage problems from the site as well as solve the property management problems experienced from the vadous owners over the years. To meet requirements for project funding, the EDA voted approval of a Redevelopment Agreement with PPL on February 9, 1998, which makes $900,000 available plus the City's agreement to condemn properties which cannot be obtained by private negotiation. A project budget, including redevelopment and development costs and financing, is enclosed. The project did receive approval from Hennepin County for HOME loan and funding has also been approved by the Met Council. Other funding decisions are pending, but the project is drawing favorable comments from the entire Twin Cities area. The closing is scheduled for ~on or before August 31 ,. 1998, with construction to begin one week after. Construction time is seven months. Full occupancy is planned for May 1999. REZON!NG The applicant is requesting that the gas station (B-3) and the office building (R-O) sites be rezoned to R-3, Medium Density Residential Zoning District. The City of New Hope uses the following criteria when evaluating the zoning request: 1. Was there a mistake with the original zoning? The individual sites have been developed with land uses consistent With the existing zoning. In this light, it would be difficult to claim the current zoning was a mistake. 2. Have conditions changed that warrant Consideration of a change in zoning? In review of the proposed project site, staff believes that the following conditions exist that warrant a change in zoning: A) Both gas station and office building are located on small over-utilized parcels. The sites are characterized by older buildings, large paved areas, and no green space amenity. The age and condition of each of the parcels in the redevelopment site contributes to a declining neighborhood image. In the opinion of staff, the conditions of each of the sites can be improved to a greater degree in combination with one another than if redevelopment of.each site is pursued independently; B) Both the gas.station and the office building are non-conforming with regard to required setbacks and lot area. Additionally, the gas station is non-conforming in relation to the conditional use performance standards for convenience stores with gasoline related to lot area; and C) The parcels within the proposed project site currently have six curb cuts onto Bass Lake Road within a distance of 327 feet. This curb cut arrangement is non-conforming in relation to the number of curb cuts and setbacks between curb cuts. These conditions suggest that there has been a change in the character and operation of these parcels that warrant consideration for the requested rezoning. Through a change in zoning, the City would allow for the assembly and redevelopment of the parcels comprising the project site. This redevelopment effort will improve the physical conditions of each of the sites, eliminate the existing non-conformities, improve access and circulation onto Bass Lake Road, and provide housing that responds to an identified housing need. The conditions and the character of the site has changed to warrant considering a change in zoning. Staff recommends that the City approve the rezoning, but withhold formal action on the rezoning (publication) until the development stage plans are approved and PPL demonstrates ownership of all project site properties. ~ ~ Request for Action Page 4 5-11-98 GENERAL PUD REQUIREMENTS 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 orderly 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 vadous steps are: 1) Application Conferenc~tPreliminary discussions; 2) General Concept Plan/Consideration of overall concept and plan; 3) Development Sta,qe Plan/One or more detailed plans as part of the whole final plan; and 4) Final Plan. The summary of the entire concept and each Development Stage Plan in an integrated complete and final plan. The General C6ncept 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. CONDITIONAL USE PERMIT/PLANNED UNIT DEVELOPMENT Within an R-3 Zoning District townhomes are allowed by conditional use permit provided they satisfy the requirements of Planned Unit Development (PUD) regulation of the New Hope Zoning Code. The following paragraphs evaluate the proposed site plan against the PUD performance standards. 1. Ownership. PPL is anticipated to be the single owner and manager of th& complete project. Single ownership is seen as positive, to insure responsible site maintenance and management. Currently, PPL does not have total control of all the parcels within the project area. Any CUP/PUD approval shall be subject to total site acquisition. 2. Comprehensive Plan. New Hope's 1976 Comprehensive Plan designates the project site for commercial and mid density residential land uses. Since then, the existing land uses have exhibited signs of site and building deterioration. The 1998 Comprehensive Plan Tactics Summary identifies the project site as a pdority site for redevelopment. The PPL project will accomplish the City's redevelopment objectives for the area. Additionally, the proposed housing types are consistent with the housing objectives identified in the City's 1996 Housing Action Plan and its 1997 Affordable Housing Study. 3. Density. W'ithin a PUD, the density shall be determined by. standards agreed upon between the applicant and the City. Currently, the existing housing site has 32 housing units on 2.45 acres, producing a gross density of 13 units per acre. The PPL project will enlarge the total project site through acquisition of the adjoining gas station site, office building site, and a portion of the Thorsen School site to the north. The total size of the project site will be 3.84 acres. PPL proposes to convert seven of the four-plex buildings to two-unit townhomes, the eighth four-plex building will remain as the Brecken~:idge Group Home. PPL will also construct 20 new townhome units, resulting in a total of 35 units on the site. These efforts will result in a reduction of site density from 13 units per acre to 9.1 units per acre. The resulting density is consistent with medium density residential ranges of six to ten units per acre, and is consistent with density allowed by New Hope's PUD zoning standards. Request for Action Page 5 5-11-98 4. Utilities. The applicant has submitted a preliminary utility plan. The following utility elements, are required by Ordinance: A. All utilities including but not limited to telephone, electricity, gas, and cable television shall be located underground. PPL has indicated that the site plan will comply with this requirement. B. Where the sanitary sewer exceeds 300 feet in length, provisions must be made for manholes to allow adequate cleaning and maintenance of the lateral. The utility plan provides manholes along the sanitary sewer lateral. The greatest separation between manholes is 265 feet. C. VVhere more than one building is served by the same water service, shut off valves should be located in such a way that each unit's water service may be shut off individually. The utility plan shows individual water service to the new townhome units. The existing buildings have one water service lin® for each building. PPL is investigating the use of flow meter to divide the water usage between tenants. D. The five hydrants shown on the utility plan will be relocated on the building side of the private drive. This location will provide easy access and use of the hydrants. 5. Drainage. PPL has met with New Hope, Crystal, and lSD 281 staff in an attempt to design a storm water drainage plan that adequately responds to the project needs and corrects existing storm drainage problems along the rear yards of the adjoining single family homes and the school. The system laid out in the plan includes the following elements: A. The southeast quarter of the site will drain to catch basins and storm sewer that flows to Bass Lake Road. B. The balance of the site will drain north via storm sewer along the p~rimeter of internal private streets. Storm sewer inlets from the adjoining single family lots will connect to on-site catch basins in an effort to relieve some of the area's existing drainage problems. The site storm water is intended to outlet into a pond located on the School District property. In severe storm events, the pond would outlet north through storm sewers to 58"~ Avenue. The drainage plan is still in process, pending discussion with lSD 281 who must be willing to grant easement over their property for the drainage pond and storm sewer. 6. Grading Plan. To date, the City has not received a completed grading plan. The plan will be submitted with developmental/final stage plans. 7. Landscape Plan. The PPL landscape plan illustrates extensive landscape plantings. Generally the landscape plan appears to be very positive. The items identified in the Planner's report will be addressed in development stage plans. 8. Roadways - Private. The PPL project will be accessed via a pdvate street that encircles the housing units at the perimeter of the site. The circulation pattern is viewed favorably for the following reasons: A. Automobile traffic is segregated from the common open space and pedestrian paths. B. The street design provides for proper traffic movement and maneuvering space for automobiles and large trucks. C. The street design provides excellent sight lines for motorists using the street. D. The pdvate streets and parking areas will have bituminous surface. Concrete curbing is proposed along the entire pdvate street. The applicant is requesting a variance from the PUD private street width of 25 feet. The site plan illustrates a proposed street width of 22 feet. The reduced street width is dictated by the site's size. the location of the existing buildings, and the required setbacks. The setback between the existing buildings and the side lot lines provides a physical hardship in attempting to meet both the required setbacks and providing a 25-foot street width. At 22 feet, the pdvate drive is the equivalent to a ddve aisle in a Request for Action Page 6 5-11-98 parking lot offering two l 1-foot traffic lanes. With the reduced pdvate street width, the following conditions will be imposed: A. The pdvate street shall be posted "no parking-fire lane" at 50-foot intervals along the pdvate street. The curb will also be painted yellow designating it a fire lane. B. The 90 degree parking stalls adjoining the pdvate drive shall be oversized at 9 feet by 20 feet, 8 inches. The larger parking stalls offer greater maneuvering space for cam accessing and egressing the parking stalls. 9. Parking. The New Hope Zoning Code requires townhomes to provide at least one enclosed and open parking stall per unit. The site plan illustrates that each townhome will have a single car garage and a parking space in front of the garage to meet the City's Code. Additionally, nine guest parking spaces are provided on the site plan. 10. Trails/Sidewalks. The site plan and landscape plan do not illustrate the proposed sidewalks throughout the project area, however, these details will be provided dudng the development stage approval. 11. PUD Setback Standards. The proPOSed project complies with the required setbacks from the perimeter lot lines and adjoining R-1 and R-2 Zoning Districts. However, PPL is requesting variances from the PUD required internal setbacks, specifically: A. The New Hope Code requires buildings to be set back 15 feet from the pdvate street and parking area. The northeastern and northwestern most townhome units are within four feet of a guest parking stall. The site plan could comply with his standard through the elimination of the parking stall, however, the need for parking suggests that the vadance may be appropriate. To protect the affected townhomes, the proposed parking stalls will be curbed to prevent automobiles from hitting the unit. Additior~ally, the parking stall has been located away from windows to avoid a visual impact on the homes. B. The New Hope PUD regulations require a separation between buildings equal to one-half the sum of the height of the adjoining building. There are two areas within the site plans where the applicant has not met this required setback. The first setback vadance locations deal with the existing four- plex buildings within the center court of the project. These buildings have a 20-foot setback between buildings where by ordinance a 22-foot setback is required. This pre-existing condition can only be remedied through variance. C. The second area requiring variances from this standard is the setback between the new townhomes on the north end of the site and the garage additions on the existing buildings. These locations provide a 17-foot setback where a 19-foot setback is required. The non-conforming setback has resulted from a southern shift of new townhomes to accommodate a drainage pond on the northern edge of the site. D. The requested PUD setbacks are internal setbacks that will not impact adjoining properties. The variances are a result of the existing site constraints unique-to the site in regards to the following items: 1. Redevelopment of existing building. Tl~e location, size and configuration of these buildings establishes a physical constraint that must be integrated into the site design. 2. The site configuration is limited due to existing property ownership patterns preventing the site from being enlarged. 3. Existing drainage issues relating to this site and adjoining properties dictate a drainage solution that encumbers this property and complicates the site design. It is staff's opinion that this redevelopment project is unique and the constraints of the site present physical hardships that warrant~approval of these requested variances. Request for Action Page 7 5-11-98 It is also staffs opinion that ample information has been submitted for PUD concept stage approval and staff endorses the proposed land uses and are very supportive of the general site layout. Concept stage approval is contingent upon the submission of the appropriate development stage plans. SUBDIVISION Currently the project site consists of 11 parcels of land which PPL is proposing to consolidate into a single lot and block legal description. The lot consolidation will clean up the legal description, simplify property taxes and result in single ownership of the site. 1. Lot Area. Review of the requested subdivision reveals that the proposed lot will be 3.84 acres in area, and 327 feet in width. The site exceeds the lot size standards of the R-3 Zoning District. 2. Setbacks. The proposed site plan illustrates that all buildings comply with the required R-3 setbacks from the perimeter lot lines. Variances have been requested for a number of internal setbacks. 3. County Approvals. The site fronts on Bass Lake Road (County Road 10). As a County road, Hennepi~n County must approve the access location and any right-of-way dedication for Bass Lake Road. 4. Easements. The proposed subdivision must provide utility and drainage easements of 10 feet wide, centered on rear or other lot line. In addition to the lot line easements, the applicant must provide easements of the proper size and location covering any public utility and may be within the site and proposed drainage areas. As per routine policy, the plat was submitted to the City Department Heads, the City Attorney, City Engineer, utility companies, and Hennepin County for review and comment. The City Engineer reviewed the preliminary plat and has indicated that once final development plans are completed, the appropriate drainage and utility easements must be provided over all public storm sewer that is collecting drainage from other properties. The City Attorney reviewed the preliminary plat and made the following comments: 1) The owners of the land to be platted are not listed; 2) The legal description of the real estate to be included in the plat is not listed. The legal description must also be illustrated by the plat drawing; 3) Based upon the preliminary plat, but without the confirmation possible with legal descriptions, it appears the plat includes some land which is zoned R-O, R-3, and B-3; 4) Certain information required for preliminary plat by City Ordinance Sections 13.041 (3) and (4) is missing; and 5) Title evidence showing ownership of the real estate included in the plat will be necessary before the final plat can be approved. Hennepin County reviewed the plat and made the following comments: 1) The developer should dedicate a consistent seven feet of additional right-of-way to total 40 feet from the centerline of CSAH 10. The 10-foot drainage and utility easement should be identified for trail purposes also. These actions will accommodate any future roadway upgrading and pedestrian/bicycle paths; 2) Access should be limited to one entrance near the westerly property line. All other approaches must be ~emoved upon redevelopment; 3) All 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; and 4) The developer must restore all areas, within the county right-of-way, disturbed during construction. Minnegasco was the only utility company that responded and wants an existing easement that they have referred to on the final plat (see attached correspondence). Request for Action Page 8 5-11-98 Staff is recommending approval of the subdivision as a preliminary plat subject to the condition that the above items are addressed, and recommend consideration of final plat in conjunction with the development stage review. The Planning Commission reviewed this request at its May 5 meeting and recommended approval of the concept stage PUD/CUP, variances, rezoning, site and building plan review and preliminary plat, subject to the following conditions: 1. PPL acquire ownership of all properties. 2. Submission of development/final stage plans that address all issues outlined by Planning Consultant, Building Official and City Engineer. 3. Drainage issues be resolved, per City Engineer's comments. 4. Preliminary plat be revised to .incorporate all-recommendations and final plat be submitted with development stage plans. Staff recommends approval of the resolution. ' REQ T FOR ACTION Originating Department Approved for Agenda _ Agenda Section ueveropment City Manager & Planning 5-11-98 Kirk McDonald Item No. ]~. Management Assistant By: 8.2 / RESOLUTION APPROVING PURCHASE OF 7601 AND 7641 62"0 AVENUE NORTH (IMPROVEMENT PROJECT NO. 641) At the February 23 City Council meeting, staff requested, and the Council authorized appraisals of the two multiple family dwellings located at 7601 and 7641 62=~ Avenue North. The request was made in response to correspondence the City had received from the owner of the two four-plexes stating that it was their intention to sell the property and inquiring if the City had an interest in the property. Both buildings have four two-bedroom apartments and were constructed in 1960. The two properties are located on either side of the building/property recently purchased by the City at 7621 62"~ Avenue. Staff had an interest in potentially acquiring the property, demolishing the building, and land banking the site for combination with other adjacent parcels for future redevelopment purposes. The south side of 62 Avenue between West Broadway and Sumter Avenue has been identified by the Council as a potential future redevelopment area. The block has also been included in an-area where Tax Increment Financing funds from other districts can be utilized. These are non-TIF generating properties eligible for TIF expenditures. Staff indicated that it was probable that relocation benefits would have to be paid to some of the tenants if the City acquired the property, however, the owner indicated that three of the eight tenants had given notice that they will be moving out of the building in May. The appraisals of the two properties were completed. The current market values of the properties (tax book listing) and the appraisars 'fair market values" of the properties are the same for each of the two buildings/parcels, as listed below: Current Market Values $ 26,000 land (Proposed January 1998 value for taxes payable in 1999) .94,000 building $120,000 Appraisal Fair Market Values $140,000 MOTION BY SECOND BY TO: Review: Administration: Finance: , Request for Action Page 2 5-11-98 At the Apdl 13 Council meeting, staff presented this information to the Council and requested authorization to negotiate with the property owner for the potential acquisition of the two properties. Staff indicated that if an agreement was reached to purchase the properties that staff would be requesting authorization to obtain the services of a relocation expert to assist the City with relocation matters. The Council authorized staff to proceed with the negotiation and requested that staff report back with approximate costs for relocation benefits. Staff met with the property owner of the two' buildings and negotiated purchase agreements with the property owner for the Fair Market Value Appraisal amount of $140,000 per building, subject to Council approval. The City paid $133,500 for the building located at 7621 62"~ Avenue, however, the two buildings located at 7601 and 7641 62"~ Avenue are in better condition and that is the reason for the higher appraised value. Staff also requested that a relocation specialist complete a market study of relocation benefits or provide an estimate of relocation costs for the property. The City is fortunate in the fact that only five of the eight apartments are presently occupied so relocation benefits will only have to be paid to five parties. Total estimated cost of relocation expenses (based on the quote received from Evergreen Land SerVices Co.) is $5,000 per apartment or $25,000 plus $4,500 for consultant expenses for a total of $29,500. If the City had to relocate all eight apartments, the cost would be $44,500. The City Attorney has prepared the enclosed resolution and purchase agreements for the acquisition of the two apartment complexes in the amount of $140,000 each. The property purchase would be funded with Tax Increment Financing funds. If approved, staff would work with the relocation specialist to relocate the tenants as soon. as possible and proceed with plans for demolition of the buildings. Staff recommends approval of the resolution. RE UF T FOR ACTION Originating Department Approved for Agenda Agenda Section Developmeni: and City Manager PLanning 5-11-98 Kirk McDonald /, ) Item No. IVy:. Management Assistant By:.y/ 8,3 MOTION APPROVING uTILIzATION O/ EVERGREEN LAND SERVICES COMPANY FOR RELOCATION SERVICES FOR 7601 AND 7641 62"0 AVENUE NORTH (IMPROVEMENT PROJECT NO. 641) As the City proceeds to acquire the two four-unit apartment complexes at 7601 and 7641 62-'~ Avenue North, the City must comply with the Uniform Relocation Act. Staff is requesting to utilize the professional services of Evergreen Land Services Company for these relocation services. Evergreen has already provided relocation market study estimates to the City for these properties and is familiar with both properties. The City is currently utilizing their services for the four-plex at 7621 62'= Avenue and utilized them for relocation at the single family home at 5629 Wisconsin Avenue. Staff has found their services to be accurate, complete, financially competitive and delivered on time. As a professional service, these services do not require bidding or the solicitation of quotes, per the City Attorney. Evergreen has provided the attached cost estimate for relocation services for these two properties. The proposal for consultant relocation services is $900 per tenant or $4,500. The estimate of relocation claims to be paid per tenant is $5,000 or a total of $25,000. Consultant services plus relocation claims would total $29,500. The work that Evergreen will perform for the City is as follows: 1. Initial meeting with City staff to discuss project coordination and procedures; meetings with each owner and occupant to provide 'wdtten general information on relocation benefits, documentation requirements, and the process applicable to each of their sit. uations. 2. Researching 'for comparable replacement housing/referrals for the residents; preparing the comparable analysis which sets maximum payment limits for replacement housing payments. (cont'd.) MOTION BY SECOND BY TO: Rt~lew: Admintstra~n: Finance: ! RFA-O01 ~ Request for Action Page 2 5-11-98 3. Preparing the required Notices of Eligibility for Relocation Assistance and 90-day Notices to vacate per the relocation regulations, for City staff's review and signature. 4. Assisting the occupants in identifying and documenting eligible, reimbursable relocation costs and confirming the submitted costs are reasonable and necessary per the regulations. 5. Prel3adng claims for relocation payment and making recommendations to the City regarding the eligibility of relocation benefits requested by the occupants. 6. Throughout the project, addressing questions and concerns of the occupants, and advising the occupants of their dghts and obligations in the relocation process. 7. Throughout the project, reviewing-the project/relocation status and reviewing any questions and concerns of the City staff. Staff recommends approval of a motion approving the utilization of Evergreen Land Services Company for relocation services for the two four-plexes located at 7601 and 7641 62"" Avenue North (Improvement Project No. 641). t RF.Q~T FOR ACTION Or~inatin~ Department Approved for A~enda A~enda Section Community Development Consent 5-26-98 Item No. By: Kirk McDonald By: - RESOLUTION APPROVING HENNEPIN COUNTY ELECTRONIC PROPRIETARY DATABASE (EPDB) CONDITIONAL USE LICENSE AGREEMENT (IMPROVEMENT PROJECT NO. 643) The New Hope~ Public Works and community Development Departments desire to initiate a potential future joint-city project regarding property and infrastructure upgrades to West Broadway (County Road 8) between Bass Lake Road and County Road 81. The future project may include New Hope, Crystal and Brooklyn Park. In order to initiate the project, the City of New Hope has submitted a request to Hennepin County for parcel data for the area within 500 feet on all sides of West Broadway from Bass Lake Road to County Road 81. The County has submitted that attached Electronic Proprietary Database (EPDB) Conditional use License Agreement to the City. The agreement sets forth the terms and conditions under which the City may use the data and the agreement must be approved by the City before the County will release the parcel data. Furthermore, if the City utilizes a consultant for the project, the consultant must also submit a letter stating their willingness to abide by the provisions of the License Agreement. Bonestroo has submitted a letter stating that they will abide by the provisions of the License Agreement. Staff recommends approval of the resolution approving the agreement. MOTION BY SECOND BY TO: Review: Administration: Finance: II II II I RFA-O01 ~ 4.401 Xyton Avenue North City Hall: 612-531.5100 City Hall Fax:612.531.513( New Hope, Minnesota 55428.4898 Police: 612.531.5170 Police Fax: ~12.53~.5~7~ Public Works: 612.533-4823Public Works Fax: 612.533.7654 TDD; 612.531.5109 Fire Dep't. Fax: ~12.531.517=~ Apdl 29, 1998 Mr. Gary Caswell County Surveyor Hennepin COunty Govemment Center 300 South 6m Street, A703 Minneapolis, MN 55487 Subject: West Broadway Street Improvements Dear Mr. Caswell: Parcel data is needed for the area within 500 feet on all sides of West Broadway (County Road 8) from County Road 10 to County Road 81. This data is needed for the West Broadway street improvements. The entire County is not needed. The only areas needed are those described above. Sincerely, Kirk McDonald Director of Community Development cc: Dan Donahue, City Manager Mark Hanson, City Engineer Jeannine Clancy, Director of Public Works Doug Sartd~t~, Building Official Family Styled City ~-~,~ ~T '''~ ~ For Family Living ~ ~ COUNCIL l 4 lmS? FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development Consent Susan Henry 5-26-98 Item No. By: Community Development Specialist By:. MOTION APPROVING THE LANDSCAPING AND GRADING PLANS FOR 9116 31sT AVENUE NORTH (IMPROVEMENT PROJECT NO. 589) Staff is requesting approval of a motion approving the attached landscaping and grading plans for the single family dwelling the City is rehabilitating at 9116 31'~ Avenue North. The rehabilitation project is neadng completion. It is anticipated that the home will placed on the market for sale in June in conjunction with an open house and sold this summer to a first-time home buyer meeting the criteria. The landscaping plan was developed by the Contract Manager/City Forester Tom Schuster. The landscaping plan was developed by Mark Hanson of Bonestroo. The total cost of the landscaping and grading work is estimated at $8,710. The majority of the cost, or approximately $6,400, will go into top soil and sod to bdng up the grade and remedy the drainage issues on the property. The plan also calls for various plantings, plastic edging, and wood chip mulch in the amount of $2,310. The plantings are proposed for the following locations: Location Plantings Front of House 14 -Gold Flame Spirea , 4-Scandia Juniper ~ 3-1santi Dogwood ! 1-Techny Gobe Arborvitae ! Right Side of House 5-Techny Gobe Arborvitae ! 1-Red Splendor Crab ~ Rear of House 2-Black Hills Spruce Staff recommends approval of a motion approving the landscaping and grading plans for 9116 31'~ Avenue North-. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ PLANT SCHEDULE FOR 9116 ~" AVENUE NORTH Qnt. Key Common Name Botanical Name Size 2 BHS Black Hills Spruce Picea glauca 6' B&B 1 RSC Red Splendor Crab Malus 'Red Splendor' 1.75 B&B 6 TGA Techny Gobe Arborvitae Thuja occidentalis #5 cont. 'Techny Globe' 4 SJ Scandia Juniper Juniperus sabina 'Scandia' #5 cont. 3 ID Isanti Dogwood Comus sedcea 'lsanti' #2 cont. 14 GFS Gold Flame Spirea Spirea x bumalda 'Goldflame' #2 cont. 150 cu. Yd. (est.) top soil 1550 sq. yd. (est.) Sod Hardscape items: 150 lineal ft. (est.) Plastic edging 8 cu. yards wood chip mulch PLANT SCHEDULE FOR 9116 31" AVENUE NORTH Qnt Key Common Name Bota~?,al Name Size 6 TGA Techny ~ ~ila T~I ~ll~s ~ ~L ~e~ny 4 SJ Scandia Juni~ ~ffi lffi 'S~il' ~5 ~t. 14 GFS Gotd Flame S~rea S~ml x ~ml~l '~flam' 12 ~t. / / / / /.- / I .... N~ HOPE, MINNESOTA Bo~,~roo 9116 31st A~NUE N Ro.ene t P . UF T FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development Consent 5-26-98 Item No. By: Kirk McDonald RESOLUTION REVERSING RESOLUTION NO. 98-27 AND GRANTING VARIANCE REQUEST FROM FIRE CHIEF'S ORDER REQUIRING FIRE ALARM AND SMOKE DETECTION SYSTEM AT 7300 49TM AVENUE NORTH (PLANNING CASE 97-06) The property owner at 7300 49t~ Avenue North has requested a reconsideration by the City of its denial of the fire alarm vadance request in. light of the April 3, 1998, report by Mountain Star, which was submitted by the property owner. The report was reviewed by Kevin McGinty, the new New Hope Fire Chief and his conclusions are set out in his May 15, 1998, correspondence. Based on the report and Chief McGinty's letter, it is staff's recommendation that the Council reverse its prior decision and grant the requested variance. The City Attorney has prepared the enclosed resolution reversing the previous resolution and granting the variance request. Staff recommends approval of the resolution. MOTION BY SECOND BY TO: Review: Adminlstrat~n: Finance: 4401 Xylon Avenue North City Hall: 612-531.5100 City Hall Fax:612-531.5136 New Hope, Minnesota 55428.4898 Police: 612-531.5170 Police Fax: 612-531.5174 Public Works: 612-533-4823 Public Works Fax: 612-533-7650 TDO: 612-531-5109 Fire Dep't. Fax: 612-531-5175 May 15, 1998 RECENED 1 (:J lggB Steven A. Sondrall, New Hope City Attorney Jensen, Swanson & Sondrall, P.A. Edinburgh Executive Office Plaza 8525 Edinbrook Crossing, Suite #201 Brooklyn Park, MN 55443-1999 SUBJECT: 7300 49m AVE. N., FIRE ALARM APPEAL Dear Mr. Sondrall, Per your request, I have reviewed the file on this property, discussed the situation with both the Fire Inspector and the Building Official and done an analysis of the engineering report from The Mountain Star group including all the input data for the fire computer modeling. I concur with the report from Mountain Star, that a smoke detection system would not significantly increase the probability of an improved outcome during a fire situation, particularly as it would relate to the issue of eliminating a fire access road on the east side of the building. My analysis is based on the following: · The building is equipped with an Early Suppression Fast Response (ESFR) type fire sprinkler system. This is currently one of the most advanced systems available. This system is also backed · up by an on site fire pump. This system is over and above current code requirements. · The building is equipped with a fire department controlled mechanical smoke exhaust system. This assists the fire department with smoke control. Some form of smoke venting is required in these types of buildings however this is the best system. · Computer models of likely fire scenarios in this building, as provided by Mountain Star, show an average of only one minute difference between the activation of a smoke detection system and the activation of the sprinkler system. My study moved this time. closer to two minutes, however, this is still not a significant time in this building equipped with an ESFR sprinkler system. · A fire department access road on the east side of the building would provide accessibility to the access doors on the east. This would assist firefighters in manual firefighfing efforts by allowing ease of advancing fire hose to the interior. Although a complete access road would be the most desirable, there are other alternatives that would help in this function. The computer study concludes that the smoke detection, system would not sienificantly help. -~F'~' "~F'LO~-~'~~ '~ For Family Living Family Styled City ,, ,.. ~ i,~"~% Steve Sondrall May 1 $~ 1998, New Hope City Attorney · Although the lack of access is not the most desirable situation, with the ESFR sprinlder system in, it is adequate. The engineering report provided by Mountain Star is exactly the type of information that, .if made available, could have assisted the New Hope Fire Prevention personnel in making an informed decisi°n. In conclusion, I would recommend that we not pursue the installation of the smoke detection system provided the following items are met. The commodity class continues to be class I - IV, and the current fire department access not be diminished in any way. IfI can offer any additional information on this issue please don't hesitate to call me at 531-1120. Yours truly, ~ Kevin McGinty, Fire Chief City of New Hope cc: File Kirk McDonald, Director of Community Development Doug Sandstad, Building Official The Mountiin,ltnr Cf) Rick ShcricUm Continental ProperW Group, Inc. Z 253 East Lake Street 0 ' Wayzata, MN' 55391 ~--- Subject: New Hope Fire Alarm Appeal; 7300 49a Ave. N. Facility ..-I Dear Mr. Sheridan: O ' The MountainStar Group, fu'e protection engineers, reviewed the plans associnted with the CO) facility at 7300 ,i9a Ave. North and conduced a site visit on March 18~. MountamStar obsgrved tenant space conditions to determine the appropriate fie loads compm~d to the fire protection !11 afforded. Tb.e current pet food storage ia representative of the type of tenant that this building is suited fbr: high piled storage on racks (or bulk) with up to class IV commodities as defined by the ~ Minnesota Uniform Fire Code. I""= This building affords a high level of Rte protection to the tenants, ~tre ~ighters and the publi~. <1~ This building ia equipped with the most advanced fire sprinkler system in use today for high piled ~' storage buildings, early suppression fsa-t response (ESFR). Early warning detection is provided by O a water flow alarm from the early suppression fast response sprinklers. Tltis alarm is ~, transmitted to a listed central marion that will report the ire to the city of New Hope fire deparlment. MountainStar slrongly advocates early warning smoke detection in facilities with a high threat to · life, such as places of assembly, nursing'homes and residential properties. However, the addition of an early warning fu~ alarm system m this low populated warehouse with reasonable fire department access a=nd protec~i by the most advanced ~re suppression sprinkler systems is not tenable. Adding an early warning fire alarm system does not significantly raise the level of public or fie lighter t're life safety. Enginecrmg calculations support this conclusion. About one O minute is gained by installing an early warning fu'e alarm system given the presence of ESFR sprinklers. If the building were not protected with £SFR sprinlders, then in.stalling the early warning alarm system gains creditability as an option Using a performa~xe based fire protection engineering analysis, it can be demonslrated the inwnded level of safety sought by the Minnesota Uniform Fire Code is met for this building. III DISCUSSION ~ Mou. ntainStar's conclusions are based on the following: O Building . ADA 61~--'~-JS149,4J PI3YT DEUELOPt'ENT 219 ~3 ~ 73~ 49~ Av~ue No~ Page 2 · Fire D~ment ~cc~:: P~ of ~c ~llm~ ~ ~t ~ ~ ~~t d~ not ~ve ~om ~I f~ sid~ of ~e ~e~e. ~e ff~ ~ ~e n~ ai~ ~d bilk a~ ff a were p~ p~llel ~ ~e buil~ng. ~o~ re~ 0f~e ai~ in~at~ ~e f~ have at le~ ~ ~o~d ~c~s ~n~ to ~e ~eili~ as well ~ ~fo~ly ~ hy~U ~o~ on ~e exte~ south face of~e b~d~ to ~ef~ ~ c~ge ~ ~ sys~m in ~e e~t ~t ~e el~c f~ pu~ do~ not ~caon ~ly. Site Condition: ~ b~ld~g is ofn~ ~ble c~e~, ~s a~q~te ~om adjac~t a~ ~ereby limiang ~ ~s~ ~d a ~ble wa~ E~s: ~tegi~ exit l~fi~s ~ ext~or w~ls ~ people ~ ~fively ~a~ ~d~ fire ~g~cy conditi~s. Fire fight~ ~ve M~t~ ~t~ a~e~ to ~e a~e~e for · Smo~ ~t: a f~ d~t c~ollable m~nie~ ~oke e~u~ ~ allows fire fighters w m~h~ically e~ ~oke ~ a ~ed ]~aa~. D~i~ could in~ll~ m~e ~diti~al ~d cumbc~e ~f top ESFR SprinMers: ~c mo~ con~c~g fa~ to mc is ~s ~eh~e is ~te~d ~ ~e mo~ a~anced fi~ ~er ~st~, ~o~ ~ ESFK (e~ly s~ssion f~ ~). W~ld~de ~ce mutual, Fa~ Mull ~e, d~l~ ES~ f~ ~gh pil~ st~ comm~ storage faciltaes ~ ~a one. ES~ ~~ ~ dis~et~y differ ~tio~l ~e~ in ~ fact th~ a~ desired to s~s a ~e, where s~d~d sp~s conwol a ~ ~l fi~ fight~s ~vc to su~ss it (fi~e A). ~ ~~, comp~ed to s~d ~~ have a more heat s~iti~ ~gg~ mec~ ~d flow ~ qu~a~ of wat~ ~d~ exwemely high press~c m ~ for ~r ~te do~ ~ co~W seek. S~ ~~ ~e allowed by co~ for ~a ~ of~ld~g. ~e dtsi~ te~ chose to ~s~ll ~e ~est fo~ of ~ ~otcction, ES~ wh~ ~ could ~ve ~l~t~ less re~o~ve ~ ~nU~. By ~l~g ES~ ~, ~y ~ised the level of ~e ~n~ of ES~ ov~ ~d ~~ ~clude: · Fire Suppression, not ju~ consol: (fi~ A) Quick ~onse :o a ~ ~sulting in a ~all~ f~e to sucres (fi~ B) E~l~cr warning to ~e cen~g aI~ s~t~on, w~ch ~ ~ ~ ~e fire d~t 8implifle5 Fire Gontrol/Fi~e ~prinkler Gomparlaon (Fire ~uppressi~n Analogy ~ize) ~e A Fibre B '/300 49~ Av~nve t4ortl~ 4~/93 Page ~ · ~rly ~ing: ~le n~t ~ ~i~ as ~oke ~t~ ~ ~~ ~o~de ~ly ~mg ~ ~ well ~ f~e ~rcssi~ md ~ ~s~. S~kx d~cc~on ~o~de ~y ~ ~mg. ~e ~ ~tem is ~d ~ a ~ flow ai~ ~at dk~y ~smiu m a ~ listed c~l sta~. ~ ~ ~e f~e ~~t ~ no~fied. ~s ~me ~ hol~ ~ if smoke d~ w~ ~t. How~, ~~g calculati~s show ~y ~ox~tely a ~e-~ute ~ff~ ~ ~se ~e. Us~g ~ET~L, a com~ fire mo~l de~Io~d by ~c fcd~l gove~k ~n~ of s~d ~s ~d smoke detec~on ~ c~p~ m ESFR ~e~ Table 1 - Sp~er and D~e~or R~po~ 16~F ~R S~* 205 ~econ~ 158~ B~ th~ ~uppr~sed to 0 l~5F S~ S~ 288 s~on~ . ~7~ B~s ~dy ~ ~mo~ detection 12~ ~eco~ 68~ ~ a~ ~o~ng until ......... tpri~ler r~e ~ co~l~i~, ~s building p~vides ~e le~l of ~f~ mt~dcd by m~ c~es ~d ~ot~ ~e t~, f~c figh~ ~d ~e pubic. ~v~ ~e b~l~ng is ~ui~d ~ ESFR s~, thc ~s~llati~f a smoke dct~tion ~d ~ al~ ~ d~s not ~de si~fic~t ~gible b~cfit to ~e ~tecfion of ~c ~ ~ ~e ev~t of a s~ned Mie~l A. O'H~ 7300 49a A~m~ Nol~h, 4/X/93 $~¥ ~ ~~U Mmur~ Bene~ wo~d ~h ~fly a~u fi~ fi~s m ~~ desired · e~ ~ck effo~ ~e ~pid ac~ high ~i~i~ disc~ · Tn~l ~~ ~iowed by c~ for ~s ~ of to ~o~ ~~ at ~ ~e of ~ ach~hon ~ is 1~ ~oke ~d ~d le~ smo~ d~ge wh~ · e fi~ d~.~ c~ollable mec~c~ · ~lows ~e ~ fi~t~ to ~c~y smo~ e~a~t ~ ~ ~ke ~m a ' · D~i~s ~d ~ve ~1~ mo~ ~N~al · hy~ ~e well l~a~ed ~ r~ to the s~ · a ~liable fi~ ~o~on wat~ ~ply · ms.es ~ su~s · suate~c exi~ l~a~o~ in ~ wall exi~ * people as ~i~l c~ ~u~ cm~g~cy c~o~ · ~e fi~t~s ~ve adeq~tc int~ ~cess ~ ~ s~ f~ ~e ~d f~e.fi~t~ · well ~ated ~ adjacent ~s · l~i~ f~ ~om ~g ~ ~-~ buildin~ ~ $i~"~1~943 t4UYT D~nJEk~ 219 P~6 ~ 8'7 '9~ 88:22 E~mat~i P~rc~t~ of'BuiM~ A~'~ ~ct~ to ~ D~ma~ by ~mok~ 10 200 4OO 6OO ~00 ¥ ! ~- ..................... h. 'Innm,tttive Fi~ Life Sttfety S~utDn$" ' Revised RFA REQUEST FOR ACTION Originating Depaxl~uent Approved for Agenda Agenda Section Community Development Con-~ent, Item No. 5-26-98 BY~<irk McDonald By:. 6.11 RESOLUTION AUTHORIZING CITY STAFF TO DRAW UPON 7300 49TM AVENUE NORTH LETTER OF CREDIT (PLANNING CASE NO. 97-06) Subsequent to the time that the Request for Action was written that is included in the Council packet, the City Engineer has inspected the property and confirmed that all of the items previously identified related to grading improvements and pond corrections have b~en completed. The City Engineer recommends that the $30,000 being held for ponding/grading improvements be reduced to $2,000 - $3,000 to be held for restoration. Additionally, there are approximately $8,000 remaining in unpaid consultant expenses. The current Letter of Credit is $70,000, with $40,000 being held for the fire alarm issue and $30,000 for corrections to the ponding system. Administrative expenses are also tied to the Site Improvement Agreement. The City Attorney has prepared the attached revised resolution authorizing staff to draw on the Letter of Credit up to $10,000 unless an extension of said Letter of Credit at the reduced amount of $10,000 is provided. If the fire alarm variance is approved, staff recommends approval of the resolution. MOTioN BY SECOND BY TO: TUE ! !: 38 P, 02/02 R~SOLUTION NO. 98- RESOLUTION AUTHORIZING CITY STAFF TO DRAW UPON 7300 49~ AVENUE NORT~ LETTER OF CP~EDIT WHEREAS, the City of New-Hopu unLurud into a Site Improvement Agreement (the Agreement) with JS Winnetka, Inc. and New Hope, L.L.P., a Minnesota limited liability partnership as Developers, dated June 9, 1997, and W-~R~%~, the Agreement requires Developers to make certain improvements to tho rcat property involved, ?300 49~ Avenue North, New Hope, Minnesota, and W~EREAS, to ~ecure performance of thc Developers under the Agr=umun~, Bradley A. Hoy~ provided 5he Ci=y with security, currentt~ in the form of Irrevocable Letter of Credit No. 1127 97 issued by Bank Windsor, in the amoun~ of $70,000.00, and WH__~, said Letter of Credit expires June 6, 1998, and W~R~AS, c~rtain improvement~ to the prope~, i~¢luding but nou liml=ed =0 uhe ponding improvements, with an approximate value of $3,000.00 have not been comp~eted, and WHEREAS, the Ciuy has no= Peen fully reimbursed for the reasonable amount of ~t~ administrative expenses, e~timated at $~,000.00 to $8,000.00, incurred in connection with enforcement of the Sise Improvemenu Agreement be=ween the parties, and WHERRA~, unless an extension of said Letter of Credi~ at the reduce~ amount of $10,000.00 iu provided, it w&ll be necessary for the City to draw upon Letter of credit No. 1127 97. NOW T~EREFORE, BE IT R~SOLVE.D by the City Counsel of the City of New Wope, that the City ~taff is authorized to take such steps as are necessary and to draw upon Letter of Credit No. 1127 97 issued by Bank windsor in the amount necessary to complete the improvements, up to and ~.ncludin~ the amoun= o~ $10,000.00. Dated the 26th day of May, 1998. W. peter Enck, Mayor Attest: Valerie Leone, City CZerk Sent By"- Bonestnoo &Assoctates; 6126474179; ~ay-25-98 11:09AM; Page 2/2 Memo - ~ II III Project Name: Hoyt Development Client: New Hope To: Kirk McDonald File No: 34211 City Proj. 598 From: Vinco Vender Top Date: May 22, 1998 Re: Review of north pond gm~ng Remerke: ~The grading of the north pond has been completed. AH items previously identified in relation to this pond have been corrected. The only remaining work Includes restoration. The development foreman indicated that restoration would be completed immediately. We recommend that the letter of credit be reduced to $3,000 as it pertains to site work. This represents $2,000 for restoration with a 50 percent increase. The balance of the letter of credit relating to grading corrections can be released, The letter of credit will be released entirely after vegetation is established. The developer must also submit record plans reflecting the final grading in the area of the north pond. cc: Mark Hanson Boneetroo, Roeene, Andertlk and Aeeoolate~ Ins. St. Paul Offiee:. Milwaukee Office: Roehemer Of flee: W~llmef Offloe:. SL Cloud Offi~: 2315 We, et Highv~y 38 1518 Wee4 MeqU~ Road 2222 Hwy ,62. NoNt 205 5Ih Street SW 2008 8th St, Nort~ ~31, Paul, MN 6511~ Mequon, WI 530~2 Rochester, MN 559Q1 'W'dlmar, MN 56201 ~ Cloud, MN 56303 Phoft~ 512.4]36-4600 Phone: 414-2,41-4400 Prior, e: $07-282~IQ0 Phofl4:. 320.214..9557 Phone: 320-251-4553 Fac: 612,~3&.1311 Fax: 4t4.241.4001 Feoc ~07-262-3100 Fax; 320-2t4.~4,5~ Fa3c 320-251.6252 COUNCIL REQUEST FOR ACTION Ortgtnatir~ Dep~ent Approved for Agenda Agenda Section Public Works 5-26-98 Development & Planning _~ Item No. By: Jeannine Clancy By:. 8.1 /' / RESOLUTION APPROVING CONTRAO/'I' BETWEEN THE CITY OF NEW HOPE AND EARL F. ANDERSEN FOR THE 1998 STREET IDENTIFICATION SIGN REPLACEMENT PROJECT IN THE AMOUNT OF $57,541.79 (PROJECT 616) Staff has received bids for the 1998 sign program which includes street identification sign replacement~ city entry sign replacement, shared roadway sign installation, and bus stop sign installation. These components are detailed in the following paragraphs: · Street Identification Sign Program Removal and replacement of all street identification signs, including the posts, at 243 intersections north of 42nd Avenue. Locations not included are signs on Hennepin County traffic signals. · City Entry Signs New city entry signs will be installed in 17 locations. These signs will include the city logo and parking regulations. Distdct 281 has designed a "banner sign" which will be placed on the sign post directly under the city sign. Representatives of the distdct have verbally committed to paying for the sign fabrication and the city will pay for the installation. · Shared Roadway Signs Signs will be placed on Boone Avenue (between 62nd Avenue and Medicine Lake Road), 49= Avenue (between TH 169 and BOone Avenue), 49= Avenue (between Winnetka Avenue and Louisiana Avenue) and Quebec Avenue (between 49= and 42n= Avenues) indicating that the parking lane is shared with bicyclists. · Bus Stop Signs Metropolitan Council Transit Operations (MCTO) will provide and the city's contractor will install new bus stop signs at approximately 115 locations throughout the City. MCTO has verbally agreed to pay the installation costs. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 Project 616 - Sign Replacement Program May 26, 1998 Page 2 Results of Bid Opening The City opened bids on May 20, 1998, and received the following: Bidder Base Bid Alternate 1 Total Earl F. Andersen 39,939.25 17,602.54 57,541.79 Northern Traffic 53,028.00 16,963.00 69,991.00 H & R Construction 64,689.00 19,161.75 83,850.75 The base bid includes all street identification signs and city entry signs fabricated with engineer's grade reflective sheeting material. The base bid also includes the share the roadway signs. The alternate bid includes upgrading the reflective sheeting material on the street identification signs and the city entry signs to high intensity grade reflective sheeting. This matedal has longer life in terms of reflectivity (20 years versus the engineer's grade of 7 years). Council may view these sign types at the intersection of East Research Center Road and International Parkway. The East Research Center Road is fabricated of engineer's grade material and the International Parkway sign is fabricated of high intensity grade material. The cost to upgrade the street identification signs to high intensity is $13,369.11. The alternate also includes installation of MCTO signs at a cOst of $3,412.33. MCTO has verbally agreed to pay these costs, however, if the City d(~es not reach a written agreement with MCTO in the next few months, the installation of these signs could be deleted by change order. Finally, the alternate includes fabrication and installation of signs requested by School District #281. The fabrication of these signs will be paid by the School Distdct and the installation paid by the City. The total cost is $821.10. Again, if agreement cannot be reached with the School District for payment of the fabrication, these signs will be deleted from the contract by change order. Staff recommends approval of the base bid and the alternate. The alternate includes the high intensity signs which will be more visible and have a longer warranty on the reflectivity. The alternate also allows city staff to coordinate sign installation with the School Distdct and the MCTO. Schedule The milestone project schedule is as follows: Award Contract May 26, 1998 Begin Work June, 1998 Complete Work. September, 1998 G:Requests\98~616AwardContract Project 616 - Sign Replacement Program May 26, 1998 Page 3 Funding Funding for this project is available in the Road and Bridge fund, reimbursement from MCT©, and reimbursement from District 281. Staff requests approval of the resolution which awards the base bid plus the alternate to the Iow and responsible bidder, Earl F. Andersen, Inc. in the amount of $57,541.79. Originating Department Approved for Agenda Agenda Section Parks & Recreation Devel o pment & 'PI ann~ n~ 5/2698 Item No. ~j.: Shari French B~. 8.2 ACCEPTANCE OF MASTER PLAN FO~ CIVIC CENTER PARK (PROJECT ~39) At the February 23, 1998 City Council 'meeting, staff was directed to negotiate a contract with a park planner to develop a master plan for Civic Center Park. Brauer and Associates, Ltd. was the planner who worked with the City on the Northwood Park project in 1997 and so Mr. George Watson was contacted. At the 3~9~98 Council meeting, Council authorized staff to hire Mr. Watson and to develop a Master Plan for the Civic Center Park with input from the public and the Citizen Advisory Commission. On April 8"' input was received from Council, on Apdl 30t~ a meeting with held with park neighbors, a swim club representative, and other interested persons from the community. On May 18~' the Advisory Commission discussed a draft of the master plan, The neighbors and interested community members were invited to that meeting as well. On Tuesday evening Mr. George Watson and the Parks and Recreation Director will present a final draft of the master plan for Council consideration. Staff recommends approval of this master plan which was developed with a good deal of input from the public as well as staff. TIF funds are available for expenditures related to this master plan. Staff further recommends that the engineers be directed to develop plans and specifications with input from the park planner for the rebuilding of the tennis courts, the building of the lighted basketball court and lighted sand volleyball court. In order for the courts to be usable next spdng the project needs to take place this fall. Plans and specs could be developed by June with bid approval in July and construction to begin in August. This plan allows a cooperation of effort with the pool construction project proposed. MOTION BY SECOND BY TO: Review: AdministraUon: Finance: RFA-O01 ~ ; t I "1.-.', \,, II/ ,',. I " ',,' II I -- ~- "-41 City of New Hope, Minnesota Preliminary Master Plan RF,~UEST FOR ACTION Originating Department Approved for Agenda A~enda SecUon Ordinances & Community Development , ResolutiQn~ 5-26-98 Item No. By: Kirk McDonald By:. ORDINANCE NOi 98-05/PLANNING CASE 97-27: AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY MODIFYING THE REGULATIONS APPLICABLE TO ACCESSORY BUILDINGS AND GARAGES IN RESIDENTIAL DISTRICTS, CITY OF NEW HOPE, PETITIONER The City of New Hope is requesting consideration of an ordinance amending the New Hope Zoning Code by modifying the regulations applicable to accessory buildings and garages in residential districts. The ordinance amendment provides · A cumulative total of 1,400 square feet for accessory building, storage and garage purposes, with the restriction that no single garage or accessory strUcture shall exceed 1,000 square feet. · This 1,000 square foot standard corresponds with building code regulations and is the area allowed by many other cities. · The ordinance allows a three-foot encroachment into the required side yara setback abutting a street for the construction of accessory buildings or garages, if certain conditions are met. · Gives more flexibility to property owners on how to utilize the square footages allowed in the ordinance and allows enough flexibility to allow expansions forthree-car garages. · Maintains setback standards so that accessory buildings are not located within drainage/utility easements. · Under the existing regulations, two garages are prohibited on a property. If a single family home has an attached single car garage and later a new detached garage is constructed on the property, the existing attached garage can only be utilized for storage purposes. The ordinance amendment eliminates that scenedo, and allows property owners to utilize a specific amount of square footage for accessory buildings, storage and garage purposes as they wish, within certain guidelines. The ordinance amendment was tabled at the May 11 Council meeting because the Council questioned the potential for a 400 square foot storage accessory building (in addition to a 1,000 square foot garage) and also questioned why the 25 percent rear yard limitation for determining the maximum size of a garage or accessory building was removed. Per the .attached correspondence from the City Attorney, subsequent to the Council meeting, City staff and the City Attorney have examined both of those issues. MOTION BY SECOND BY Request for Action Page 2 5-26-98 The first issue was addressed by adding additional language to subdivision (d) on page 2 of the ordinance to indicate that storage type buildings may not exceed 400 square feet of floor space and that construction of garages and storage buildings would be regulated by the State Building Code. (The current code permits a 900 square foot garage and a 500 square foot storage building.) In regard to the second issue, it is staff's opinion that the percentage factor of the ordinance has never been an issue relative to accessory building sizes due to the typical size of a backyard in the City. Staff recommends approval of the revised ordinance amendment. /~¥-14-g8 THU i5:{6 P. 04/~5 ORDINANCE NO. 95-0~ ZONING CODE BY MODIF~INC_. TH~ ~I~0~ ~~LE ~ AC~RY B~~GS ~ G~G~ T{~ City Council of the City of Nmw HOl~ ordains: Section 1. ~ ~.032 (3) "~,~rv_ ]~,i~t,n~. U.__~"~. ~ ~~" of · e N~ H~ C~ ~ ~ ~y ~ ~ ~ ~ ~ ~ (~) '~ ~", ~) '~ Y~ ~~". (c) '~ ~n ~o~', (d) V (3) A~ ~u~. U~ ~ ~~ ~ ~ ~e or a~b~ ~ ~t~ V~ a~u~ a ~ ~0 f~t { ~ ~!I ~ ~ for ~~~ ~ ~ a~~ ~1~ or 0~.05.1 The physical constraints of the lot make the encroachment necessary to maximize indoor storage on the property which would be prevented by strict compliance with setback standards. (ii) The proposed structure will not be located in a drainage or utili[y easement. (iii) The City_ Council shall determine that the building will not negatively impact the neighboring or adjacent property. (iv) The same or similar quality building material shall be used in the accessory building as in the principal building. Additionally, the exterior appearance and architectural design of the accessory building, are to be similar to that of the principal building. Section 3. Sections 4.032(3)(e) "Area Limits, General", (g) "Garage and On- Site Parking Space", and (h) "Limit on Numbers" are hereby renumbered Sections 4.032(3) (d), (e) and (f), respectively, and amended to read as follows: (d) Area Limits, Gene. ral. Ne aAccessory building ~ and garage area in the R-1 and -2 Zon ng Districts ....... ~, ............. .~ shall be limited to a combined total area of 1,400 sq. ft..9.c,?.il~y mere than · ..... ,.. ~ ......_~. ~_ c .......~ . a Also individual garage--- smm-m~ shall nor exceed ~ 1,009. square feet of floor area or exceed 15 feet in height. No storage tTpe. building shall exceed 400 square feet of floor area or exceed 12 feet in height. Construction of st0ra, ge _type accessory buildings or garages are regulated by Chapter 3 of this Code. ( ) 0 Sp x*~ -~ : ~.~,, ,..~: ..... .~ ~,,,, e Garaee and n-Site Parking ace .... '""' eaq, h-~tl4a~. Each applicant for a building permit to construct any dwelling shall be required to provide an off-street parking space for at least eae 1 automobile per ~ dwelling to be housed in addition to any garage space to be used. Every dwelling unit hereafter erected shall be so located on the lot so that at4~ a t;;'~., t.,~,e, -'--""' garage savace for at least 2 vehicles, either attached or detached, can be located on said lot. (f) Limit on Numbers. Eac~ Every_ lot in the R-1 and R-2 Zoning Districts shall be limited to no more than 2 omactb accessory buildings, including an attached :~ ~-~:.: ............... garage 98-05 - 2 ~Y-14-98 TbiU 15:17 P, Section 4. Section 4.032(3)(i) 'Air Condit(o~', (j) "~ A _rr, zn_ nn.~' and (ir) 'Pun~ Ixland CaoooY' are hereby rcnumbercd to sections 3.032(3)(p,), (h) and (i) ~ctive~. -- Section 5. This ordinnn~ shall be effective upon its pntsage and publication. Dated this ~ day of , 1998. W. Peter ~, Mayor ATTF.,gF: Valerle Leone. City Clerk (Pub~ in the New Hope-Golden Valle~ Sun Post on the~ day of , 199S.) 98-05 - 3 ,~ Project #498 ' Bulletin #5 NORTHWOOD LAKE PARK STORM SEWER, PONDING AND PARK IMPROVEMENT PROJECT Introduction The intent of the project bulletin is to update residents on the status of the Northwood Lake Storm Sewer, Ponding, and Park Improvements. The heavy construction was completed last fall. Work this spdng will include specific restoration items. Park Closed The park' remains closed until the contractor has completed his work and the City accepts the improvements. Until the City has accepted the improvements, the contractor is responsible for the site and has erected an orange fence closing the park to public use. Thank you for being patient dudng the remaining pedod of construction. Upcoming Schedule The following items will occur in May: · Complete installation of sod · Final seeding · Tree and shrub planting · Final sidewalk and path repairs Minor punch list items If the sod placed on the ballfields last fall continues to grow well, the sod will be accepted and the fields will be open for league play in eady June. Residents can anticipate that most of the park will also be open for use in early June, however, some areas will remain closed to allow for the sod and seed to become established. Disc Golf Course City staff and league disc golfers have been considering course alternatives for the reconstructed park. The City is hopeful that the course will be open for use when the park is reopened. If you have specific questions about the new disc course, please call Tom Schuster at 533-4823 ext. 13. Parking Lot Pavement Maintenance As part of the City's pavement maintenance program, Boone Avenue and the Northwood Park parking lots will be seal coated. The City seal coats streets and parking lots to protect the surface and increase the life of the pavement. The seal coating process includes the distribution of a thin layer of oil and rock. While the rock on Boone Avenue will be swept up within a week of being placed, the rock on the parking lots will remain for three to four weeks. Once the rock is swept up, the street and parking lot will be re-striped. Seal coating will occur in June and be completed before Duk Duk Daze. 4/30/98 PROJECT NO. 612 BULLETIN NO. 1 PROJECT BULLETIN 5629 Wisconsin Avenue' North Overview In late December 1997, the City of New Hope purchased the property at 5629 Wisconsin Avenue North as part of the City's scattered site housing program. The City purchased the property with the intent to demolish the house due to its deteriorating condition. Currently, the City is considering construction of a new single family home or twin home on the site. In preparation for demolition, a number of activities at the property will occur early summer 'including disconnecting utilities, sealing a well on the site, removing a fuel oil tank, and cutting the sewer and wate;,tg~ site. Once these activities take place, the City will demolish the building and fiiilth~t~r~'~e demolition is complete, the City will construct a neW ~hOme, landscape the property, and sell the home to a first-time home buyer. Demolition Activities The City will be accepting bids for demolition mid-summer. Contingent upon City Council approval, demolition will begin later this summer. Once demolition is complete, the site will be made ready for construction of a new home this fall. New Hope City Code states that demolition can occur on the site between 7:00 a.m. and 10:00 p.m., Monday through Friday, and 9:00 a.m. to 9:00 p.m. on 'weekends or holidays. Site Upkeep The site will also be mowed on a weekly basis during the summer months. Contact Persons If you have questions or concerns, please call Susan Henry, Community Development Specialist, at 531-5137, or Kirk McDonald, Director of Community Development, at 531-5119. The City appreciates the cooperation of all residents in the area that may be impacted by the construction 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 5/21/98 APRIL 1998 AMERICAN PLANNING ASSOCIATION Zoning Gets Tattoo Artist Guild, a membership organization for tattoo artists, estimated 1,000 percent growth in the industry over the past five Under Your .Skin years. Although this figure is high, it suggests how fast the industry has grown. Tattoo parlors are increasingly locating in suburban By Chris Burke areas where commercial regulations may be less stringent. States regulate the procedures tattoo parlors must follow, but local O ver the past three years, tattoo parlors and body massage governments determine where they may locate. Because tattoo parlors have proliferated rapidly. Once regarded as a establishments provide a service for a fee, they usually are novelty popular in warm climates and seedy commercial strips, considered commercial enterprises, though some municipalities tattoo parlors have been springing up everywhere, from large dassifi/them differently. Because some tattoo parlors offer other commercial strips to the quiet confines of suburbia. Body services such as body piercing and drug pai'aphernalia, it is massage parlors are following close behind and becoming increasingly popular in both cities and suburban areas. This issue of Zoning News discusses the complex issues associated with regulating these businesses. Tattoo Parlors . Tattooing, by definition, r~fers to the "method Of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink o,r any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin" (Denver Municipal Code, Ordinance No. 212-97). This art has existed for centuries, but recently its popularity has increased. Want prooig. Watch any professional basketball or football game, or look at any music video and count the number of people donning tattoos. Go to any local mall or college and take notice of arms, shoulders, and legs covered with graphic designs. Tattooing is not limited to the age group between 18 and 25, but it would be safe to assume that it is more prevalent with them than with people over 30. Prominently placed tattoo signs, like this one in suburban Ta;c~oe;a~ ~ ~ · Chicago, can either raise eyebrows or pique curiosi~y. I r ore common for them to be grouped as adult entertainment uses or i ncrea si nOIY Iocati no i n required to obtain conditional use permits to operate. suburban areas where Tattoo parlors traditionally have been considered an eccentric, exotic type of business. People have a mental image of commercial regulations the shops, the types of patrons they attract, and where they may be less stringent, should be permitted, This mental image often overlooks the fact that tattoo parlors face many of the same restrictions as local · · · · · · · · · clinics. Unlike most commercial businesses, tattoo parlors raise medical and hygiene concerns. Because they use needles and In the past, tattoos were perceived as a symbol of gang or razors, tattoo proprietors handle biohazardous waste and pose club affiliation. That perception may still be accurate, but, potential health hazards. according to a source at the National Tattoo Association, Tattooing is a minor surgical procedure that uses needles to tattoos are seen as having sex appeal and have become inject ink under the skin's surface. Because the skin is broken, increasingly popular with women. Following a similar growth hygiene is a primary concern not only for the customer and pattern for spandex in the 1980s, tattoo parlors were initially shop owner, but for the municipality as well. Local officials most popular in warmer climates but eventually expanded' must be concerned with the possible transmission of throughout the country. Tattoo businesses have also moved communicable diseases such as hepatitis and human from urban commercial strips to smaller suburban areas. This immunodeficiency virus (HIV). Maintaining the idea that growth in smaller municipalities has caused public officials to tattooing is a surgical procedure, some cities such as Ocean rethink their zoning ordinances. City, Maryland, and Oak Harbor, Washington, prohibit the Currently, there is no available estimate concerning the growth practice unless it is performed by a licensed physician or or number of tattoo establishments. A source-at the Professional osteopath. Oak Harbor's ordinance clearly states that tattooing ordinances classify ordinances allow the parlors only in light industrial districts or require them to obtain conditional .use permits to locate in a legitimate therapeutic massage commercial district. businesses as those associated Massage Parlors with health clubs, physical Massage parlors are also experiencing growth. While many of therapy clinics, full service today's massage businesses call.themselves day spas, massage parlors have not always been popular or viewed in a positive light. beauty salons, hotels, and Historically, they have been associated with prostitution and fronts medical facilities, for other illicit behavior. In contrast, today's parlors or spas are providing services for models, corporate executives, athletes, and · · · · · · · · · · · anyone willing to spend $100 or more to feel good. Although this business has found a legitimate niche in today's service industry, the falls under the practice of medicine because it "penetrates the negative image has not totally disappeared. tissue of human beings," which falls under the city's definition As the day spas continue to grow and find success within the of surgery. Oak Harbor regards the prohibition of tattoo parlors service industry, the massage industry's darker side, adult massage as a measure to protect residents' public health. Ocean City's parlors, share in the success. How can one distinguish them? Unlike ordinance does not clearly state the reasoning for its strict adult theaters and book stores, adult massage parlors will not restrictions, but the ordinance is detailed enough to discourage advertise or appear different on the outside. Just last month as a the most immaculate proprietor. While prohibiting tattoo parlors may seem an extreme regulatory measure, many communities implement legislation with very clear guidelines for operations. For example, the Mission Viejo, California, ordinance prohibits tattooing on certain skin surfaces, lists what type of antiseptic and dressing must be used, addresses sterilization procedures, and states very specific guidelines for equipment, tattooing procedures, and surfaces. In addition, the business owner is required to submit in writing to the state health department the sources of all dyes or inks used in the operation prior to receiving a permit. Though the regulations appear strict, Mission Vieio's ordinance resembles most ordinances that allow tattoo parlors. While 'many regulations are strict, they generally don't require tattoo artists to have a professional permit to practice unless the ordinance requires physicians or osteopaths to perform the procedure. In fact, there are no official tattoo organizations certifying professionals. Tattoo artists have associations that serve as membership organizations, but artists are not required, for example, to take a minimum number of credit hours in tattoo artistry at their local college. This may not seem significant to someone deciding _~ what color of dragon to install on his or her shoulder, but it is of -= concern to state officials trying to determine what constitutes a ~ legitimate tattoo business. Most tattoo artists are not licensed physicians or osteopaths, iVIassageparlors can be inconspicuously located, like this one Therefore, one might conclude that ordinances that require that shares a quiet suburban residential area. .tattoo owners and operators to be licensed in the medical field may as well prohibit them, but that assumption would be prank, San Francisco 49ers teammates referred wide receiver Jerry wrong. The state of Mutyland requires tattoo parlor owners to Rice to a massage parlor that was raided by police. Rice mistakenly be licensed physicians or osteopaths, but tattoo parlors operate thought it was a legitimate business until police showed up. This in College Park, Landover Hills, Prince Frederick, and Silver mistake can happen to anyone, including those municipalities Spring. This suggests that stringent regulations don't totally trying to regulate massage parlors. deter such businesses. Massage parlors are another business typically found under the For communities that allow tattoo parlors, regulations are adult use umbrella and sometimes are i'equired to have a similar to those for clinics. Most regulations include strict conditional use permit to operate. As previously reported in Zo,W~g guidelines for hygiene and for disposing of and sterilizing the News ("Massaging the Regulations," October 1997), massage necessary equipment. All ordinances reviewed by Zoning News parlors can be unwanted in communities because of the difficult>' require, as a matter of state law, that any patron be at least 18 of clearly defining the type of massage permitted. Most ordinances years of age or in the company of a legal parent or guardian classify legitimate therapeutic massage businesses as those associated before being tattooed. Tattoo operators must submit their with health clubs, physical therapy clinics, full service beauty salons, personal medical records to the health department and main'tain hotels, and medical facilities. This type of massage presents no records of all their clients. Further restrictions require tattoo problem because it is affiliated with a larger commercial use. parlors to adhere to those regulations listed in the local However, massage can exist as an exotic adult use with scantih' dressed masseuses possibly willing to perform tasks more risqu~ applying: for a business permit to interpret the ordinance to his than just body massage. One problem is that some ordinances or her advantage, which causes controversial uses to grow and regulate only the business and tend to be vague in defining what sometimes damage the reputation of reputable businesses. Using acts are allowed by masseurs and masseuses, performance standards such as the National Certification Exam Masseurs and masseuses are people who "practice the art of can act as an additional tool for regulating massage businesses, body massage, by hand or mechanical apparatus, oil rubs, but they must be applied in accordance with a zoning ordinance Corrective gymnastics, dietetics, hot packs, and that clearly states what is required to practice massage. mechanotherapy," according to the definition in the Staunton, Virginia, ordinance. Unlike tattoo artists, they have a professional organization, the American Massage Therapy Association (AMTA), which sets professional standards. AMTA Field of requires a minimum of 500 classroom hours of training to Another Dream obtain certification. This gives states and local municipalities a standard by which to restrict masseuses and masseurs, but it The cornfields of Iowa that brought us baseball ma), soon offer does not regulate the business. The AMTA requirements yet another interesting attraction. A biblical theme park called recognize licensed masseuses but do not govern what type of Promised Land Retreat has been proposed for a 1 ! 1-acre site massage they may practice. States that allow massage parlors about 30 miles east of Des Moines. may impose their own licensing requirements, which may or Leo Van Elswyk, a member of the Jasper County board of may not be in accordance with those of AMTA. supervisors, has brought his dream to the.town of Newton. Currently, 26 states regulate massage parlors and have adopted a Inspired by a theme park he visited in the Netherlands, his plan standardized test, the National Certification Exam, passage of proposes a restaurant, museum, hotel, and gift shop. In which is required to obtain a license to practice. The states need not addition, a walking trail will lead visitors through the park to use the AMTA standards, and many have more stringent such attractions as a passion play depicting Christ's crucifixion, regulations. Nebraska and Arkansas require 1,000 and 1,25Q a tabernacle, a biblical fishing village, a petting zoo, a - classroom hours, respectively. Other states, such as Texas and synagogue, and reproductions of the town of Nazareth, the Ohio, require fewer than 500 hours. In addition to state-mandated Mount of Olives, and the Sea of Galilee. training, local governments may require additional criminal After initiating seVeral successful fundraisers, establishing a background checks, medical records, employment history, and group of volunteers called "Friends of Promised Land Retreat," fingerprinting to obtain a license. Localities and states tend to favor and gaining the support of the Greater Newton Area Chamber licensing as a method of regulating questionable uses. of Commerce, Van Elswyk created an advisory committee to Health clubs and physical therapy clinics don't cause alarm move the project forward. Many members of the committee near residential areas, but adult massage parlors do. Cities and helped fund a $27,000 economic feasibility study conducted by towns that allow these uses usually restrict them to a location at Economic Research Associates in Chicago, which concluded least 1,000 feet from residential areas or in light industrial areas, that there is in fact a market for a biblical theme park in Iowa. Assuming that licensing requirements will cause most massages The project site, owned by Van Elswyk, has since been rezoned to take place in a reputable businesses, cities sometimes fail to from agriculture to general business/retail. define clearly in their ordinances what constitutes adult "I believe it will become the number one attraction in the massage. Adult massage parlors sometimes involve nude nation because of its proximity to Interstate 80," says Van modeling, topless massage, or scantily dressed masseuses Elswyk. The project site is located just two miles from the performing massages. Falling under the adult use umbrella, expressway where approximately 30,000 cars pass by on an adult massage is not clearly restricted except for performing sex average day and up to 45,000 cars per day pass by during the for a fee. For example, the adult massage parlor chapter of the summer months. "This is quite a market to tap into," he adds. St. Paul, Minnesota, zoning ordinance allows adult massage in Despite support from the feasibility study, Van Elswyk's plan the area zoned for adult uses. The ordinance does not clearly has been met with some resistance. "The first hurdle was define or state what is considered adult massage and does not concern about traffic," says Brent Port, Jasper County planning separate adult massage from any other type of adult use. and zoning administrator, who also sits on the advisory Another example of how zoning ordinances can be committee. Farmers and residents expressed worries about misinterpreted occurs in Newport Beach, California, which increased traffic on the roads in this agricultural area. However, allows massage establishments as accessory uses in conjunction~ traffic concerns were lessened recently when Van Elswyk with approved health clubs, hotels, and gyms and also allows purchased land adjace, nt to Interstate 80, providing a direct massage establishments as independent uses. The ordinance entrance to the park. "Many people are now looking at this as a states clear restrictions for where massage businesses can locate, success. They are looking to see what they can do with their but it does not mention what type of activity is prohibited property to take advantage of this opportunity," says Port. within those facilities beyond those that are already illegal. Van Elswyk maintains that the proposed park has "tremendous potential for economic development." He is currendy applying for Zoning versus Licensing nonprofit status for the museum and passion play activities of the Zoning ordinances are excellent tools for regulating land uses. park, enabling him to receive grants from a number of different Licensing, a totally separate task, is a good tool for regulating foundations. The restaurant, hotel, gift shop, parking, and petting certain types of uses. It is important that local officials zoo will provide tax revenues for the county. understand the difference and the use of each of these tools. With construction expected to begin this summer, Van Stringent licensing requirements do not deter controversial Elswyk continues to spread the word to neighboring businesses, and zoning ordinances sometimes fail to state clearly communities, finding enthusiastic volunteers along the way. what is unacceptable. Vague zoning ordinances allow the person Laura Thompson from parking in residential areas. One vehicle longer than 18 · ~l~et iR Our feet may be parked to the rear of the property. Fr~Rt YR~ Similar provisions can be found elsewhere. In Lenexa, Kansas, for example, an RV less than 28 feet long may be In the midst of a polarized citizenry, the St. Louis Park, parked on a paved surface in a rear or side yard. The city Minnesota, city council unanimously approved a zoning may issue a temporary permit for parking an RV in a ordinance text amendment regulating parking in the driveway for up to 14 days. In Salt Lake City, Utah, a permit community's residential areas. City officials have responded to must be obtained in order to park an RV in a residential numerous complaints about recreational and commercial area. Rear-yard parking is permitted on a hard-surfaced pad vehicles parked in the city's yards and driveways. In 1994, a while side-yard parking of an RV is allowed (with judge invalidated the community's nuisance ordinance dealing appropriate screening) only when topographical features with parked vehicles on the grounds that it was essentially a prevent rear-yard access. zoning ordinance adopted without a proper public hearing Some observers say neighborhood disputes related to large process. The new ordinance is the result of more than a year of and numerous vehicles are likely to grow as the RV industry debate that included a citizen task force with representatives on continues to thrive. Communities will face the challenge of both sides of the issue, protecting the integrity of residential areas while responding to The ordinance places size limitations on vehicles parked in the demands of a growing number of households owning a residential areas. Vehicles taller than eight feet in height, longer small fleet of RVs and automobiles. Jason Wittenberg than 22 feet, or weighing more than 6,000 pounds cannot be parked or stored in front of structures in residential zones. One vehicle exceeding the size restrictions may be parked to the rear of a residence. No more than three vehicles of any kind may be Back to tho Future parked or stored .outdoors on single-family parcels, in Chicago Supporters of the ordinance cite concerns about the effects of both the size and number of vehicles parked in Many people remember a time, not so long ago, when they driveways and yards t~hroughout the community. Popular could find a movie theater in their own neighborhood. As strip concerns include the effect on property values, safety, and malls, big box retail, and other commercial properties became the appropriate character of residential neighborhoods. Some commonplace, local neighborhood theaters yielded their residents have suggested that recreational vehicle (RV) business to large multiplex theaters located in suburbs adjacent owners should consider off-site storage to be one of the costs to large shopping malls. InnerTcity neighborhoods, which had associated with owning such vehicles. According to St. Louis served as hubs for entertainment, became home to mom-and- Park planning coordinator Judie Erickson, approximately pop stores, empty buildings, and fast food restaurants, leaving half of the city's single-family homes are situated on lots 60 most inner-city movie enthusiasts without theaters in their feet wide or less. Many of the city's lots are 40 feet wide, communities. This impact was particularly obvious in African leaving little room for parking RVs and other large vehicles. American communities. In Chicago, however, a husband-and- Fewer concerns were noted in those areas of the city served wife team has formed Inner City Entertainment, a company by alleys allowing for rear-yard access, scheduled to open three modern multiplex theaters in inner-city In addition to the formation of a citizen task force, an African American communities. outside mediator was also hired in an attempt to reach an Inner City Entertainment's theaters are unique not only for agreement among the competing factions, but no consensus was their terra-cotta architecture, but because they are the only reached. Opponents feel the ordinance will violate their African American-owned theaters in Chicago located in property rights and send a message that the community is predominandy African American communities that previously hostile toward families and their hobbies. Some property owners have been deprived of a sustainable economic base and are not have suggested that a legal challenge will ensue, gentrifying. These theaters are located in planned developments, The Minneapolis Star Tribune published an editorial praising eliminating the need for rezoning and allowing greater design St. Louis Park officials for their commitment to protecting flexibility, with fewer standards to meet and the benefit of more residential neighborhood~ from "unsighdy blight." The editorial efficient and economic public improvements. staff noted that communities in the Twin Cities area and The theaters' size will differ at each location, though all three throughout the natio~t a~ taking similar steps. In neighboring will have 10 or more screens. The demand for larger theaters Hopkins, Minnesota, vehicles over 9,000 pounds are prohibited with more movie selections has became obvious with the new trend of megaplex theaters (see "Big Box Meets Big Screen," December 1996). Multiscreen theaters are usually associated Zoning News i ..... thtv newsletter published by the Araerican Planning Association. with shopping malls or suburban areas, but gentrification has Subscriptions are available for $50 (U.S.) and $65 (foreign). Frank S. So, Executive Director; William R. Klein, Di ....... fR .....h. begun to make inner-city neighborhoods popular targets for Zoning News is produced at APA, Jim Schwab and Mike Davidson, Editors; Chris Burke, Fay such development. Dolnick, Gina Jackson, Sanjay Jeer, Meg:m Lewis, Marya Morris, Becld Retzlaff, Martin Roupe, Jason Wittenberg, Reporters; Cynthia Chesld, Assistant Editor; Lisa Barton, Design and Many communities see theaters as catalysts for new ~roduction. commercial development, reviving desolate inner-city areas. Copyright ©1998 by American Planning Association, 122 S. Michigan Ave., Sttite 1600, Chicago, IL 60603. The American Planning Association has headq ....... ffi ....1776 Following this premise, the city of Chicago helped acquire the Massach ...... A~te., N.W., Washington, DC 20036. land and offered financial support to Inner City Entertainment, All rights reserved. No part of this publication may be reproduced or ut I zed n any form or by whose theaters are located in neighborhoods that have suffered a any means, electronic or mechanical, nc uding photocopy ng recording, or by an~' information ..... ge and retrieval sy ...... ithout permission in writing from the American Planning steady decline of commercial activity. Inner City Entertainment Association. plans to hire primarily from the neighborhood and to offer Printed on recycled paper, including 50-70% recycled fiber and 20% i' ................ ~ welfare-to-work programs. Christopher Burke