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020795 Planning AGENDA PLANNING COMMISSION MEETING OF FEBRUARY 7, 1995 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. *4.2 5.1 5.2 7.2 7.3 10. CALL TO ORDER ROLL CALL CONSENT ITEMS PUBLIC HEARINGS Case 95-01 Request for a Conditional Use Permit to Allow a Commercial Recreation Facility (Karate School) at Winnetka Center, 4441 Winnetka Avenue North, Winnetka Associates/Samuel Morris d/b/a Taekwondo USA, Petitioners. Case 95-02 Request for a Conditional Use Permit to Allow a Convenience Food/Gourmet Coffee Shop/Deli at Midland Shopping Center, 2737 Winnetka Avenue North, Engelsma Limited Partnership/Richard Forpahl, Petitioners. COMMITTEE REPORTS Report of Design and Review Committee Report of Codes and Standards Committee OLD BUSINESS Miscellaneous Issues NEW BUSINESS Review of Planning Commission Minutes of January 3, 1995. Review of City Council Minutes of December 12, 1994, and January 9, 1995. Review of EDA Minutes of December 12, 1994, and January 9, 1995. ANNOUNCEMENTS ADJOURNMENT * Petitioners are requested to be in attendance. -il: ~ FEBRUARY PLANNING CASES PC 95-01 4441 Winnetka PC 95-02 2737 Winnetka Planning Case: Request: Location: CITY OF NEW HOPE PLANNING CASE REPORT 95-01 Request for a Conditional Use Permit to Allow a Commercial Recreational Facility (Karate School) at Winnetka Center 4441 Winnetka Avenue North PID No: 18-118-21-11-0018 Zoning: Petitioner: Report Date: Meeting Date: B-4, Community Business Winnetka Associates/Samuel Morris d/b/a Taekwondo USA February 1, 1995 February 7, 1995 BACKGROUND The petitioners are requesting a conditional use permit to allow a cOmmercial recreational facility (karate school) at Winnetka Center, pursuant to Section 4.134(6) of the New Hope Zoning Code. The petitioner is proposing to open a Taekwondo USA/Karate For Kids school at Winnetka Shopping Center. The petitioner states on the application that the purpose of the school is to teach karate to children and adults in the New Hope area. The school would be located in the vacant tenant space addressed as 4441 Winnetka Avenue North, which is four spaces south of the Winnetka Super Value Store. The space is 100 feet deep and 19 feet wide and contains 1900 square feet. The shopping center is zoned as a B-4, Community Business, Zoning District. Surrounding land uses and zoning include R-1 single family homes and R-4 apartments across Winnetka Avenue to the east; B-4, Community Business, District (New Hope Mall) to the south; B-4, Community Business, District (K-Mart) and R-5 senior and disability housing to the west; and R-4 apartments and ponding area to the north. In the 1978 Comprehensive Plan, this area was included in Planning District #17 and referred to as the City Center District. Much has been stated and recommended for upgrades and focus on this entire City Center area and some changes have occurred with significant redevelopment on a good portion of the properties included in this Planning District. This particular portion of the City Center was termed the "retail and financial center" in the Comprehensive Plan, while the southeastern portion was called the "entertainment and recreation center". Commercial recreation has been expanding on various properties, including this retail and financial center where the US Swim and Fitness is located, and other inquiries have been made including this request for a karate-type school. The proposed use is consistent with New Hope's Comprehensive Plan language. Planning Case Report 95-01 2 February 7, 1995 o The zoning history for the site is as follows: 1956: Zoned residential. 1961: All but the northern half of the site was zoned retail/business. 1966: The entire property was zoned retail business. That term was changed in our 1979 codification to B-4 Community Business District, which it remains today. 7. The shopping center use was approved as a PUD and parking was based on a variety of tenant uses. The center has ample parking spaces and exceeds the ordinance criteria for the site. 8. The topography of the site is flat and the plantings are minimal. 9. Property owners within 350' of the request have been notified and staff have received no comments on this request. ANALYSIS The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all such other or further factors as the City shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. 2. Other general criteria to be considered when determining whether to approve or deny a conditional use permit include: A. Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Municipal Plan of the City. B. Compatibility_. The proposed use is compatible with its adjacent land uses. C. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. E. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: In Business Districts (B-l, B-2, B-3, B-4): a. Traffic. The proposed use will not cause traffic hazards or congestion. b. Nearby Residences. Adjacent residentially zoned land will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics. Planning Case Report 95-01 3 February 7, 1995 Co Effect on Other Businesses. Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of unduly heavy non-shopping traffic or general unsightliness. The City Code defines "commercial recreation" as a "bowling alley, golf, pool hall, dance hall, skating, trampoline and similar uses" and the City Attorney and staff have determined that a karate school is a use similar to those described in the definition. As you are aware, in November, 1994, the City Council approved a six-month moratorium on the location of any pool or billiard center or any other commercial recreational facility with more than two pool/billiard tables. The moratorium is not applicable to the type of commercial recreational facility being requested in this application. Commercial recreational facilities are allowed by conditional use in the B-4 Zoning District, provided that the following conditions are met: A. Access. The site of the proposed use has direct access to an arterial street as defined in the City Code, without utilizing public streets of a lower traffic handling classification to reach the arterial street. B. Proximity to Residential. The outside perimeter of the site, as legally described, is 150 feet or more from the boundary of a residential zoning classification. C. Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment to property values or constitute a blighting influence. D. Screening from Residential. Parking areas shall be screened from view of residential districts and shall be curbed with continuous concrete curbs not less than six inches high above the parking lot or driveway grade, at the curb line. E. Access. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement. F. Lighting Shielded. All lighting shall be hooded and so directed that the light source is not visible from the right-of-way or from a residential zone or use. G. Surfacing. The entire area other than that occupied by buildings, structures or plantings shall be surfaced with bituminous or concrete material which will control dust and drainage. The material and grading shall be subject to the approval of the City. Landscaping. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to the approval of the City. Staff f'mds that all of the above requirements are met. This property meets all access requirements, as it is located on one arterial and one collector level street. The outside perimeter of the shopping center site is not located 150 feet from the boundary of a residential zoning district, but the facility is enclosed and the architectural appearance of the building will not be affected by this interior use and no problems are anticipated. The parking lot is surfaced and the lighting is consistent with ordinance standards. Screening and landscaping could be improved Planning Case Report 95-01 4 February 7, 1995 and the City is currently coordinating with the property owner on this subject as part of the 42nd Avenue/Winnetlm Avenue Landscape/Maintenance Improvement Project. 7. Staff considers this a routine request and the Design & Review Committee did not meet with the petitioner, per staff's recommendation, due to the simple nature of the request. o Per the petitioner's letter, the primary purpose of the business is to teach the technique and philosophy of Taekwondo. The American Taekwondo Association defines Taekwondo as a martial art that teaches people both physically and mentally. The Karate For Kids program is designed to teach children ages 3 - 15, and they are split into groups according to age and belt rank. The student/instructor ratio is 20:1. Class times will be from 5:00 p.m. - 9:00 p.m. Monday through Friday and 9:00 a.m. - 12:00 noon on Saturday. Classes for young ages are 30 minutes in length and classes for high belt level students and adults last 45 minutes. The petitioner will instruct all classes. The petitioner indicated that Taekwondo USA is a national franchise and that he currently operates a similar facility in St. Paul with 80 students. He anticipates 240 students in the New Hope area. 10. The plans that were submitted are not very detailed but indicate one large workout space in the front 75 feet of the existing vacant store and two changing rooms, an office and an existing restroom in the rear portion of the space. The restroom would be accessible to both employees and customers. The 10-foot wide area near the stores entrance would be a tiled floor and would accommodate parents watching or waiting to pick up children from classes. The large workout space would be carpeted and contain gym mats. New walls would be constructed to create the office and dressing rooms and the entire interior would be repainted. No changes would be made to the mechanical or electrical systems. 11. No signage plans 'were submitted with the application except the plans state that the front wall sign will be replaced. Staff recommends that a condition of approval be that any signage erected comply with the Winnetlm Shopping Center Comprehensive Sign Plan and the New Hope Sign Code. RECOMMENDATION Staff recommends approval of the request for a conditional use permit to allow a commercial recreational facility at Winnetlm Shopping Center, subject to the following conditions: 1. All signage to comply with the Winnetka Shopping Center Comprehensive Sign Plan and the New Hope Sign Code. 2. Annual review. Attachments: Zoning/Section/Topo Maps Shopping Center Site Plan PetitiOner's Letter Floor Plans. ATHI. ETIC FIELD R.4 I 1 COOPER HIGH SCHOOL H 0ME'V~,RO NEW I.~ F-I. EMETARY CIVIC CENTER Crl'Y H~LL FOOL FIRE R.4 C:EIJETERY I-*1 NOm'HWOO0 PARK ./ 45 ~ AVENU~ ~ winnetka shopping ..center 45' avenue north · winnetka avenue' J location map J LEASING PLAN new hope . minnesota 'L o I Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 95 -02 Request for a Conditional Use Permit to Allow a Convenience Food/Gourmet Coffee Shop/Deli at Midland Shopping Center 2737 Winnetka Avenue North 19-118-21-44-0066 B-4, Community Business Engelsma Limited Partnership/Richard Forpahl February 1, 1995 February 7, 1995 BACKGROUND The petitioners are requesting a conditional use permit to allow a convenience food/gourmet coffee shop/deli at Midland Shopping Center, pursuant to Sections 4.134(1) and 4.124(3) of the New Hope Zoning Code. The petitioner is proposing to open a moderate priced espresso and tea shop with assorted ready-to-eat foods to dine in or carry-out at Midland Shopping Center. The petitioner states on the application that New Hope does not currently have an establishment offering these popular products and services. The proposed coffee shop/deli would be located in tenant space #4 at the shopping center, which is located three spaces south of Cinema 'N' Drafthouse. The space is 80 feet in length and 18 feet in width and contains 1440 square feet. o This property is zoned as B-4, Community Business, Zoning District. Surrounding land uses and zoning include R-2 duplexes to the north; R-O, Residential/Office, B-1 and B-3, Business/Auto and R-4 (apartment) zoning to the east across Winnetka Avenue; R-O zoning (Ambassador Nursing Home) to the west; and Golden Valley/residential across Medicine Lake Road to the south. o In the 1978 Comprehensive Plan, this area was included in Planning District #28. Since the District was totally developed no changes were anticipated or recommended except traffic circulation and access improvements to commercial and office uses along Winnetka. Recent upgrades to both County Roads (Winnetka and Medicine Lake) have eliminated most concerns and improved pedestrian access. The use is consistent with the Comprehensive Plan. o The zoning history for the site is as follows: 1956: The southern 25% of the property was zoned commercial and the northern portion ,1960: 1961: 1979: was unzoned or residential. The entire site was zoned commercial. Zoning was changed to retail busineSs. That term was dropped for B-4 Community Business District, which it is today. Planning Case Report 95-02 2 February 1, 1995 The shopping center use was approved as a PUD and parking was based on a variety of tenant uses. The center has 250 spaces available and this is ample space and meets ordinance requirements. 8. The topography of the site is flat, with little landscaping, with a steep hill ascending at the northwest comer. 9. Property owners within 350' of the request have been notified and staff have received several favorable comments from the public on this request. ANALYSIS The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all such other or further factors as the City shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. .Other general criteria to be considered when determining whether to approve or deny a conditional use permit include: C. D. E. Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Municipal Plan of the City. Compatibili~. The proposed use is compatible with its adjacent land uses. Performance Standards.' The proposed use conforms with all applicable performance standards contained in the Code. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: In Business Districts (B-l, B-2, B-3, B-4): a. Traffic. The proposed use will not cause traffic hazards or congestion. b. Nearby Residences. Adjacent residentially zoned land will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics. c. Effect on Other Businesses. Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of unduly heavy non-shopping traffic or general unsightliness. Planning Case Report 95-02 3 February 1, 1995 The City Code defines "convenience food establishment" as "an establishment which serves food in or on disposable containers in individual services for consumption on or off the premises. Customers are generally served at a pick-up station by clerks rather than served at tables, booths or eating counters by waiters or waitresses". 4. Convenience food establishments are allowed in the B-4 Zoning District as a conditional use provided that the following conditions are met: mo Compatibility. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. B. Green Strip. At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with Section 4.033(3). C. Lighting. Each light standard island and all islands in the parking lot shall be landscaped or covered. D. Curbing. Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade. E. Vehicle Access. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements. F. Draina_~e. The entire area shall have a drainage system which is subject to the approval of the City. Go Surfacing. The entire area other than occupied by buildings or structures or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City. H. Loading Berth. Adequate space shall be provided on the site for a loading berth to accommodate the parking and maneuvering of semi-tractor trailers. Refuse Storage. All refuse shall be stored in containers as specified by City Code. Said containers are to be screened and enclosed by a fence or similar structure. Staff finds that all of the above requirements are met. In regards to refuse storage, internal refuse containers are shown on the plan and will be provided by the tenant. Exterior refuse storage and screening could be improved and the property owner is attempting to find a long- term solution to this issue. o Staff considers this a routine request, as many other similar conditional use permits have been approved on other properties in both the B-3 and B-4 Zones. The Design & Review Committee did not meet with the petitioner, per staff's recommendation, due to the routine nature of the request. Planning Case Report 95-02 4 February 1, 1995 7. The proposed hours of operation are as follows: Monday - Thursday Friday Saturday Sunday Legal Holidays 6:30 a.m. - 6:30 p.m. 6:30 a.m. - 9:30 p.m. 9:30 a.m. - 9:30 p.m. Closed Closed Trash containers will be located in the restaurant near the entrance/exit and will be maintained by the tenant. The petitioner states that an additional container will be placed on the walk near the front of the store if business warrants and will also be maintained by the tenant. There are currently containers on the sidewalk along the front of Midland Center which are maintained by the Center management. 9. Staffing of the business will consist of operation by the owner with the addition of one employee (spouse) or an additional employee if business warrants. 10. The rear portion of the tenant space will contain the food preparation area with counters, shelving, food prep tables and sinks. The petitioner should clarify if any preparation or cooking will occur at the site or if previously cooked foods will just be warmed and served. 11. The front portion of the tenant space will contain customer seating: 5 tables (24" x 42"), 24 chairs and stools, a 10' x 2' counter and 3' x 3' condiment counter. 12. The petitioner has made the single restroom handicapped accessible, however, the current plans show that it would not be directly accessible to the public. Although it may or may not be a direct requirement under the State Building Code, the City feels that access to a restroom should be provided if patrons will be consuming food on the premises. Therefore, one of the recommended conditions of approval will be that the petitioner alter the plans to provide direct restroom access for the public. 13. A menu was submitted in conjunctiOn with the application and is attached for informational purposes. The types of foods served will include soups, salads, sandwiches, desserts, snacks, breakfast rolls, beverages and a variety of types of espresso. 14. No signage plans were submitted with the application and staff recommends that a condition of approval be that any signage erected comply with the Midland Center Comprehensive Sign Plan and the New Hope Sign Code. 15. This application does not include a request for outdoor dining and a separate conditional use permit will need to be obtained if outdoor dining/seating is desired in the future. 16.. Staff is very supportive of the CUP request and feels that the new coffee shop/deli will be a good addition to the shopping center. Planning Case Report 95-02 5 RECOMMENDATION February 1, 1995 Staff recommends approval of the request for a conditional use permit to allow a convenience food establishment at Midland Shopping Center, subject to the following conditions: 1. Plans be altered to provide access to the restroom for the public. 2. All signage to comply with the Midland Center Comprehensive Sign Plan and the New Hope Sign Code. 3. Annual review. Attachments: Zoning/Topo/Section Maps Site Plans - Midland Center Floor Plans Petitioner Correspondence Menu C&?NO~.JC B-4 ~ R-~- 1'2 VAL~.EY R.4 LEGEND ' tTIAL -Y RESIDENTIAL DENTIAL NTIAL R-I R-2 R-$ R-4 R-5 ZONING DISTRICT MAP CITY of NEW HOPE AVE WISCONSIN H AV 30 TH 3OT~ AVE AV N. . vIEWCREST LANE TERRA LmNDA 920.8 923 5 NOETH 9i 911.4 '2 9~2. 911.6~ · , 911.8 919.4 911.1 9I I, 061, 906.7 X 9O5. $ X N EXHIBIT A ;e ool'l CO OlC 2749 27.~5 27~1 27~. 273,,-~ 2729 2725 2717' 2713 2709 2705 2703 MIDLAND SHOPPING CENTER ADDRESSES January, ~ 95 JAN 2 31995 Development · Le~inf · M-n~_~Muent 523 South 8th Street, MinneapoUs, MN 55404-1078 (612) 332-1241 Fmr (612) 332-8940 JAN 2 3 199,5 ot~oo | I1-1 DOO~ SAI~TAD - L,~S/96 · CA~F~ t~.SP - NIDLA~ID SHOPPING ~ PO~IN~ INACTION IS YOU IN ~IN~ A ~~ FOR ~ P~NING ~ING. IF Y~ ~ ~ SPECIFIC ~TION5 ~~ OR ~I~ ~N~. ~K Y~. RICK ~~L 544-7561 · HOUR~ OP OPERATIOtl tdONDAY ~ THURSDAY 6:30 AH TO 6:30 Pi~, FRIDAY 6:30 AI~ TO 9:30 Pt~, SATUIiDAY 9:30 AI~ TO 9:30 PM, CLOSED SUNDAYS AND LI~GAL HOLIDAYS. TRASH CONTAItqERS TRASH CONTAINE8 WILL BE LOCATSD IN TH~ RESTAb1~tNT N~A~ THE Bt~FItqNCII/EXIT. THIS OOHTAINER WILL TO ttqlNTAINED BY CAFFE t~SP. AN ADDITIONAL CONTAINER WILL BE PLACZ ON TH~ WALK lq~AR TH~ PRONT OF TH~ STOBE IF B~JSTN]~SS WAI~ltqNTS AND. WILL BE ttqlNTAINED BY CAFF~ MSP. THKR]IAR~ ALF~O CONTAIN]IRS ON TH~ SIDBWA~ A ~ IS ATTACHED FOR YOUR P. SVI~. CHAN(I~ AS ttqRS]IT DEtIAND WARRANTS. PRICING AND CONTENT IS I~T~JECT TO · tt~,RKETINGCONCI~PT Ci~Ir~ANDOPERATEDCAI~/DELI IrlLq~NG ~PI~Z,~O DRINK~, CLASSIC ~ICAIq AND IPJiqOP~ STYI~ SOUPS, SALADS, SANDWICH~S AND DEZSIIRT5 IN A CAZ'dAL SETTING. DiNI~-IN OR~-OUT...CATI~ItINGTO011~ · 5TAlrtrl N(] OWNER OPERATED WITH ~ ADDITION OF 1 I~PLOY~ (5POUSZ) OR AN ADDTIONAL HI'IPLOY~ Ilr I~JSII~S~ POC-8~-'8~ 44:80 T-R FORPAHL 6125447561 .010-02 EURO-S~ BRSAKFAST !. 99 LrRENCH HARD ROLLS, ASSORTED C~SE$, FI~UIT PI~ESEV];S, BUTTER, AND COlr~wgS. WITH FRESH FRUIT CUP + .99 WITH ESPRSSSO DRINKS + .99 SKEET ROLLS . 99 ~JFI~INS . 99 SCONES .99 Ci~OI SSANTS FEENCH HARD ROLLS .99 PAL~IERS SERVED WITH BUTTER, CR~ ~SE AND FRUIT pRESERVES .99 i · 99 LUNCH/DINNER ************************************************************* ***SOUPS & STE~S*** SOUP OF THE DAY .99 ORION ROOHWI~PRICE SOUP 1.49 STE~OR CHILI OF THE DAY 2.49 ***HAIN COURSE SALADS,** CLASSIC CAESAR 2.99 W/GRILLED CHICKEN 3.99 W/BAY SHRIHP 3.99 CASHE~CHZCKENW/FRESH F1UJIT 3,99 ITALIAN PASTA &V~GI~TAB~ 8.49 GAI~D]~I FRSSHHIXSDGREEN 2.99 SEI6~D WITH YOUR CHOICE 0F EUI~PEAH STYLE BREADS. ***SANDWICHES*** HUI~U.~A ROUND ITALIAN BREAD FILIW, D WITH A SAVORY HIXTURE OF OLIVES, CHEEESES, HAP, NZNATI~D VEG~AE~S AND ITALIA~ HEATS. 2.99 CASHEW CHICI~F~ SALAD CROISSANT 2.99 FRENCH GI%OIS~ SPREAD WITH CRHAH CHEESE ARD FIr,r.wn WITH OUR FRESHLY PRI~P~ CA~:~ICEEN SALAD, PANINI I~JSTICI- 2.99 AN ITALIAN COUNTI~Z SANDWICH PREPAI~.D WITH ~I, P~I~, ~~~, P~ ~D ~L~ ~Z~.~ ~8~ ON SPLIT IT~I~ ~I~. BAY SHRI[4P ~ALAD CROISSANT FRENCH CI~OISSANT SPREAD WI~ DIJON & ~ C~ ~SE ~D ~I~ WI~ O~'~~Y P~~ ~y ~I~ SA~. 2.99 ASSO~ PETIT PAIN 1.29 FRBSHLYBAKEDPRENCHHARDROLLSWITHA· VARIETY OF SAVORY HEATS, II'~IK)RTED AND DOHESTIC CHESSES, OR SALADS. SELECTION VARIES DALLY. POC-SI-'SI 44:8~ T-R FORPAHL 61254475~1 ~10-~ T~X~ RRDSKIN POTATO SALAD RAINBON PASTA ~ O~ FA~I0~ ~ AS~ORTBD SODA POP 2S HILK, SKI~l ~ILX ~~ ~IT H~ AS~~ IT~I~ ~DAS ~ AU ~IT ~~ ~S H~ OR I C~ ~~ ~~ H~ OR I C~ BSPRBSSO ABBRICANO ]~rI~ZSO CON PANNA CAPPDCCINO CAFF~ MOCHA ~'TRA SHOT OF FLAVORED SYmJP .99 .99 .99 · 99 .99 .69 .99 .69 · 69 1.19 · 69 2.49 · 69 .89 .99 1.49 · 69 1.49 · 99 .99 .99 1.49 1.49 1.79 1.79 1.79 .29 · 29 .99 1.79 .69 .99 1.79 1.79 l. 79 2.09 2.09 2.09 .29 .29 1.19 2.09 · 99 1.19 2.09 2.09 2.09 2.39 2.39 .29 CITY OF NEW HOPE M MO VM DATE: TO: FROM: SUBJECT: February 3, 1995 Planning Commission Members Kirk McDonald, Management Assistant, Community Development Coordinator Miscellaneous Issues 1. January 9th Council/EDA Meeting - At the January 9th Council/EDA meeting, the Council/EDA took the following action on planning cases and other related issues: Planning Commission Chair Resignation - A resolution accepting the resignation of Robert Cameron from the New Hope Planning Commission was approved and appreciation was extended for his many years of service. A letter and the resolution with the official City seal was mailed to Bob and he will be formally recognized with a presentation at an upcoming City Council meeting. A copy of the letter and resolution are enclosed for your information. Bo Remodeling Fair Agreements - The five CO-OP Northwest Cities will again be sponsoring the Northwest Suburban Remodeling Fair on March 25th at the Crystal Community Center from 10:00 a.m. to 3:00 p.m. and the Council approved two agreements for booth rental and a consultant to coordinate workshops and door prizes. I would encourage you to attend the Fair if you are free that Saturday. I will be providing more information to on the Fair prior to the event. Planning Case 94-34, Request for Preliminary Plat Approval for Marky Addition, 5009 Winnetka Avenue North, City of New Hope, Petitioner. The plat was approved subject to the conditions recommended by the Planning Commission. The lot lines have been revised to provide for a 68- foot wide lot on the east and a 60-foot wide lot on the west to provide a greater setback distance from Winnetka Avenue. The Final Plat will be presented to the Council on February 13th. Do Resolution Accepting En~neering Feasibility Report, Approving Hans and Specifications and Ordering Advertisement for Bids for Cooper High School Street Project - The Council approved the plans and specifications and authorized advertisement for bids for the Cooper Street project. Bids will be opened for the project on February 13th. Resolution Accepting Feasibility Report for 1995 Street Improvement Project and Directin? City Manager to Conduct Informational Meeting - I have enclosed a map which identifies the areas proposed to be included in the 1995 Street Improvement Project. An informational meeting was conducted on January 30th. F° Progress Report on Transportation Plan Update - An update was presented on the Transportation Plan Update (see attached information). An open forum to receive public comments was held on Saturday, January 28th, with five residents in attendance. Approval of Plans and Specifications and Ordering Advertisement for Bids for Construction of Handicapped Accessible Twin Home at 5009 Winnetka Avenue North - The EDA approved the plans and specifications for the handicapped accessible home at 5009 Winnetka Avenue North and authorized advertisement for bids. Bids are currently being sought and will be opened on February 23rd. 2. January 23rd Council Meeting - At the second Council meeting in January, the Council took the following action on planning cases and other matters: A. Set Date for Public Hearing on 1995 Street Improvement Project - Hearing to be conducted'on February 27th. B. Set Date for Public Hearing on Cooper Street Improvement Project - Hearing to be conducted on February 13th. Co Approval of Submittal of Minnesota Petroleum Tank Release Compensation Fund Application for 42nd/Nevada Avenues Clean-Up of Gasoline Impacted Soils - Approved the submittal of an addendum to the original application. All work on this City-owned property is essentially completed. D. Approval of Request to MPCA for Site Closure and Issuance of "No Further Action" Letter for 42nd/Nevada Avenues Site - Approved a request to the MPCA to seek site closure on this property. o 36th Avenue Railroad Bridge Reconstruction Project Bulletin - The City recently sent out a project bulletin on the upcoming 36th Avenue street/utility improvements between Winnetka and Louisiana Avenues and the reconstruction of the 36th Avenue Railroad Bridge, and I am enclosing a copy for your information. 4. Quarterly Reports - The fourth quarter 1994 reports for planning and development, engineering and housing and redevelopment are attached for your information. 5. A.C. Carlson Correspondence from City Attorney - Attached for your information is additional information from the City Attorney on the A.C. Carlson rezoning issue. Land Use Planning Workshops for Planning Commissioners - Government Training Service is again providing their annual Land Use Planning Workshops for Planning Commissioners. The workshops are designed for those new to land use planning and zoning or those who are interested in a review of the fundamentals. Cost is $80 per person or $70 per person for 3 or more people from the same jurisdiction. The 1995 Planning Budget includes expenses for training of staff and Planning Commissioners and the City encourages new Commissioners, in particular, to attend. Please review the attached information and contact Pam (531-5110) or myself (531-5119) if you are interested in attending and we will coordinate your registration. Pool Hall Study - The Planning Consultant has completed his initial report on Pool Halls in the B-4 Zoning District and the Codes & Standards Committee will be meeting on February 9th to begin discussion on this issue. Attachments: Letter to Cameron 1995 Street Improvement Project Map Transportation Plan Update 36th Avenue Railroad Bridge Reconstruction Project Bulletin 4th Quarter Reports City Attorney A.C. Carlson Memo Land Use Planning Workshops 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 Telephone: 612-531-5100 TDD Line: 612-531-5109 City Hall Fax: #612-531-513, Police Fax: #612-531-517. Public Works Fax: #612-533-765~ January 18, 1995 Mr. Robert Cameron 9117 34-1/2 Avenue North New Hope, MN 55427 Subject: Resignation from New Hope Planning Commission Dear Bob: I am writing to inform you that at the City Council meeting on January 9th, the City Council formally accepted your resignation from the New Hope Planning Commission, as requested in your letter of December 12th. The CoUncil passed a resolution formally accepting your resignation and extending appreciation for your years of service to the community, and I have enclosed a copy of the resolution. The City Council, City Manager and staff are very grateful for your 23 years of service on the Planning Commission, 20 years of which you served as chairman. You have personally guided the Commission and the City in the review of hundreds of commercial, industrial and housing projects that have impacted the 'physical development of the City. It is rare to find one individual that has made such a significant contribution to their community. The City Council desires to formally honor your service to the City in a presentation at an upcoming City Council meeting and we will be contacting you regarding your schedule/ availability in the near future. You will also be honored with a plaque of appreciation at this summer's appreciation picnic which will be held in July. You will be receiving an invitation prior to this event. Thank you again for your outstanding contributions to the City of New Hope. ! have enjoyed working with you and wish you well in your upcoming retirement. ,,~m, cerely, ~ Kirk McDonald Management Assistant/ Community Development Coordinator Enclosure: Resolution cc: Dan Donahue, City Manager City Council Planning Commission Members Doug Sandstad, Building Official Valerie Leone, City Clerk Family Styled City ~1'1'~,,~. ~1~ For Family Living "~V~ V~W" 4401 Xylon Avenue North Telephone: 612-531-5100 New Hope, Minnesota 55428-4898 TDD Line: 612-531-5109 CITY OF NEW HOPE RESOLUTION NO. 95-01 RESOLUTION ACCEPTING RESIGNATION OF ROBERT CAMERON FROM THE NEW HOPE PLANNING COMMISSION AND EXTENDING APPRECIATION FOR HIS SERVICE City Haft Fax: #61~-531-513~ Police Fax: #612-53 I-517, Public Works Fax: #612-533-765( WHEREAS, Robert Cameron was appointed and served on the New Hope Planning Commission from 1971 to 1994, and for 20 of those 23 years he served as Chairman of the Commission; and WHEREAS, Cameron has submitted his resignation due to Upcoming plans for retirement; and WHEREAS, Cameron has guided the Commission in the review of hundreds of commercial, industrial and housing projects that have impacted the physical development of the City and has played an important role in shaping the City's Comprehensive Plan; and WHEREAS, the City of New Hope accepts Cameron's resignation with regrets and desires to thank him for his many years of dedicated service and contributions to the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Hope hereby accepts the resignation of Robert Cameron and extends their appreciation for his 23 years of dedicated service to and interest in the City of New Hope. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 9th day of January, 1995. ' M~yor /' Attest: Y~~~{~ City Clerk Family Styled City '~~ Foe' Family Living ! ! ! ! ! ! ! ! ! ! I ! ! ! ! ! LOCATION PLAN NEW HOPE, MINNESOTA '1995 STREET IMPROVEMENT PROGRAM CITY PROJECT No. 521 34.155F01 .DWG DECEMBER 1994. , D FIGURE 1 ~ COMM. 34155 0 600 Scale in feet Bonestroo Flosene Anderlik && Associates COUNCIL REQUEST FOR ACTION Originating Depa~l~ent Approved for Agenda ,,, Patenda Section ~everopment City Manager & Planning Kirk McDonald '~ 1-9-95 Item No. By: Management Assistant By:.~/ 8.4 PROGRESS REPORT ON TRANSPORTATION PLAN UPDATE (IMPROVEMENT PROJECT NO. 526) The purpose .°f this agenda item is to p__r_es~l~t..__a brief progress __rep°rt on the New ~_~op~_ Transportation Plan Update that ~s currently underway. At the October 24th Council meeting the C1/y~ a~ a pr~-0~sal by Bonestroo and Associates (City Engineer) to update the existing Transportation Plan, including public input meetings, for an estimated cost of $13,900. The plan update is being funded out of the Road and Bridge Fund and MSA (Municipal State Aid) funding. The existing Transportation Plan was prepared in 1974. The plan update utilizes the 1974 plan as a base document and reviews the present conditions and sets guidelines for the future. The scope of work includes data collection, mapping, identification of existing transportation problems, transportation plan elements analysis, and preparation of draft and final plans. Data to be collected includes physical characteristics (street widths, traffic control, parking), traffic volumes, transit service, land use, bicycle routes, accident data, roadway improvements plans/programs, and plans from adjacent cities. The identification of existing transpo~on problems is being accomplished through field reconnaissance, staff interviews and public input meetings. The attached memo outlines the anticipated project schedule, which includes activities completed or to be completed on the following dates: November 16th: Project initiation meeting held with City staff. December 19th: Traffic Engineer met with Citizen Advisory Commi.ssion. November/December/January: Data collection and mapping. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ Improvement Project No. 526 January 9, 1995 Saturday, January 28th: Open House/Public Input Meeting at City Hall from 10:00 a.m. to 2:00 p.m. with Traffic Engineer, Citizen Advisory Commission members and City Staff. (This is being advertised in the January City Newsletter, on cable TV and on the City readerboard sign). February 15th: Draft Plan submitted to City staff for review. February 21 st: Draft Plan submitted to Citizen Advisory Commission for review/comment. March 20th: Final Plan presented to Citizen Advisory Commission. March 27th: Final Plan presented to City Council. City staff are currently in the process of reviewing and providing feedback on the draft transportation goals for the City as listed below: 1. Provision of a ~nation system that serves the access and mobility needs of the City. 2. Provide a safe and efficient transportation system that is cost effective. To ensure that the transportation system, in the Lmplementafion phases, is as environmentally sensitive as possible. To provide a coordinated transportation system with respect to regional and adjoining municipalities plans. Provision of a transportation system that supports a multi-modal transportation whenever and wherever feasible and advantageous. 6. Provide a transporU~on system that reflects the values and goals of the residents of New Hope. Provide ami suPlXnX a transportation system that enhances quality economic development within the City. Staff would welcome input and comments from the Council on the proposed schedule or goals for the Transportation Plan Update. DATE: TO: FROM: SUBJECT: December 14, 1994 Dan Donahue, City Manager Shaft French, Director of Parks & Recreation Kirk McDonald, Management Assistant, Community Development Coordinator Pro~sed Schedule for Trnn.mortnrion Plan Uudnt-- At the October 24th City Council meeting, the City Council approved a proposal by Bonestroo & Associates to prepare a Transportation Plan Update for the City of New Hope.. The City Council requested tbat the Citizen Advisory Commi.~ion be involve[ in d~tn gathering and the plan review process. The purpose of rhi.~ memo is to establish a proposed schedule of activities over the next several months related to the Transportation Plan Update and to identify which committees/staff will be involved in which activity. ~ outline/schedule described below has been discussed with' Sheldon $olmson from Bonestroo, Transportation Group Leader, and Mark Hanson, City Engineer and Project Mamger. The scope of work outlined in the Bonesu'oo proposal includes the following activities: Proi~__ Inmnti~.. A meeting will be beld with appropriate City staff in order to refine the work scope so that all "bases" are toucH. At this meeting, issu~ and needs as well as project deliverables will be discussed. This wna compared on November 16th. Dnm Colkq:tinn - This work task consists of the collection of munerous relevant data with regard to tbe street and tnnspomtion system within the City of New Hope. A. Phvsic~ ~.~fi,~ l~, Data regarding existing physical characteristics of tl~ roadway syslmn (collector, aftra'iai) will be collected, including the following: · Street widths Right-of-way widths · Sidewalks Traf~ Vo_im~ l)s~s - AH available u-af~ volmne dam will be compiled. Data will be coUecu~d from tbe City, County of Hennepin and the Minnesota Departtnent of Tramportation (Mn/DOT). ~ - Existing transit route and service bead~ys will be obtained from the MetropoUtan Council Transit Operatiom division. Do Land Use. A City land use 'map will be provided by the City of New Hope including location of parks and major traffic generators. E. Bicycle Route~ - Existing bicycle route and bikeway locations will be identified. Fo Accident Dar8 - Following the identification of existing traffic problem areas, accident data will be obtained from Mn/DOT for 1992, 1993 and whatever 1994 data is recorded. Roadway Imvrovemcnts plam/Prom'am.~ - All appropriate governmental units will be contacted in order to determine roadway plans/programs that may affect the City system. Ho Adjacent Cities p!artq - Transportation plans of adjacem cities will be collected so that functional classification of roadways can be consistent. Thi~q work is currently in process. Sheldon Johnqn will be appearing at the December 19th. Citizen Advisory Commission meeting to explain the scope of work and process for the Transportation Plan Update and to answer questions. ~ - Existing conditions data will'be placed on an appropriate City base map. Such data is the basis upon which analysis and recommendations are built. This work will be in proe~ss duri~ Ik~-mba-/Janusry. Identification of l~isflna Tr~n~~ Prob_h,m,, - The identification of existing transportation problems/concerns will be accomplished in two different fashions. Field Regonmi~nnee_/Staff I~_e_rviews - Identification of potential existing problems will require field reconmissame and interviews with selected City staff. The field recommssame will allow for identification of everyday congestion and safety cone. ems. TI~ intm'views with selected City staff, who are out in the community each day and are tim 'ear" of the citizem, will identify problems that ~ analysis in. a transportation plan. Pablle lnnut M~-tln~ - Afire' collection and mapping of the data (Tasks 1 and 2), pubik: meetings wffi be held for purposes of solicitation of tramportation Inublmm by c~ of New Hope. The attendees .would be asked to ~ tl~ir comems with regard to tra~t,~ortation issues in the City. It is sug~es~d that a Saturday meeting, simihr to an open house, be u 'ulized. Ail comments that am appropriate for a transportation plan element will be tabulated and amlyml in subsequent phases of the plan preparation. We are pFopoeing that m ~ be publM~ in the January City Report (scheduled for delivery to residents on January 20th) inviting residents to share their views on transportation problesns on Saturday, January 2~th. This would be an informal, -2- open-house type of event to be held at the City Hall from 10:00 A.M. to 2:00 P.~. and residents could stop in anytime and express their viewpoints. Representatives from Bonestroo and City staff would be present and Citizen Advisory Commi~ion members would be invited, but not requited, to attend to listen to the comments from Fesidents. The newsletter article will also encourqe residents who cannot attend the tneetinf to either marl in their comments or call in a messqe on the "comment line". Tr~n,uor~flon_ Plon ~lewmmR An21v~i, - The various elements that comprise the transportation plan, including th~ following, will be amlyz~t in this work ~ask: · · · · · · · · · · Street System Functional Classification Traffic Control F.l~n~nts in l~lation to Functional Classification Traffic Safer3' Area-wide On-meet Parking Transit Service Bicycle Planning Multi-modal Aspects of the Plan Consistency with Adjacent Cities' Classificatiom Analysis of these elements will be done in concert with publi~ and staff comments concerning wam~on needs and issues. This will be accomplished after the public input meeting at the end d January. Prennrnflnn of th. Draft [qn.. - The draft transportation plan will be prepared addressing aH appropriate elements of a mum tramportation plan. The draft plan will include and conform to guide~ provided by the Meuopolitan Council in order that regional comism~ in planning is upheld. The draft plan will be submitted for review to ~ City. Followin~ review by staff, a meeting may be ~ to discuss the enfi~e pan. TI~ ~i would be to subadt the draft ldm to the City st&fi' for comnmm in mid-February amim m ttto t~ Cittm~ Advisory ~ at ~ af ,h.. l~___-~_ 1~,'"- - All appropriate and agreed upon revisiom to the draft plan will be madt A tirol plan will be mbmitmd m the City for discussion with the -3- ~ - Presentation of the transportation plan to elected and/or appointed City governing bodies will be provided as necessary. For purposed of the project cost estimate, two presentations are assumed. In summary, the involvement of the Citizen Advisory Commission with the Transportation Plan Update would be as follows: December 19th - Presentation rode re: purpose of update and scope of work January 28th - (Optional). Attend open house soliciting comments from public February 21st - ??? - Review draft platt March 20th - (Optional) - Review f'mal plan Please let me know if these activities and timeline are acceptable to you and the Citizen Advisory Commi.~ion. I have tried to structure the activities so that the CAC can have as little or as much inlet into the plan as they want. CC: Mark Hanson, City Engineer Sheldon Johnson, Traffic Engineer Improvement Project File No. 526 ,4- PROJECT NO. 437 & PROJECT NO. 486 BULLETIN NO. 1 CITY OF NEW HOPE PROJECT BULLETIN 36TH AVENUE STREET/UTILITY IMPROVEMENTS BETWEEN WINNETKA AND LOUISIANA AVENUES AND RECONSTRUCTION OF 36TH AVENUE RAILROAD BRIDGE Overview The City of New Hope is proceeding with Phase I of the 36th Avenue street/utility improvements and with the reconstruction of the 36th Avenue Railroad Bridge. The existing railroad bridge over 36th Avenue was constructed in 1925 and is in need of major repair. However, the major deficiency is the safety hazard posed by the inadequate roadway width between the concrete piers (less than 38 feet). The traffic counts on 36th Avenue warrant a 4-lane roadway, which cannot be accomplished based on the existing width between the piers. The City of Crystal recently upgraded 36th Avenue between Highway 100 and Louisiana Avenue to provide a 4-lane roadway, therefore the only restriction for a 4-lane roadway between Highway 100 and Winnetka Avenue is beneath the existing railroad bridge. The existing vertical clearance between the bridge deck and the top of the roadway also does not comply with current standards, therefore this project will lower the roadway beneath the new bridge approximately one foot. Phase I of the improvements will take place in 1995, and will include construction of a new railroad bridge and street/utility work approximately 250 feet either side of the bridge (not including the final bituminous surface). The span between the new concrete bridge abutments will be 70 feet and will accommodate a 48 foot wide roadway, a 5 foot wide sidewalk on each side and a 6 foot wide boulevard..It is anticipated that Phase II of the improvements will probably be constructed in 1996 in cooperation with the City of Crystal and Hennepin County. These improvements will include street/utility work on 36th Avenue between Winnetka and Louisiana Avenues (excluding the area under the bridge), the addition of left turn lanes on 36th Avenue east and west of Winnetka Avenue, storm water improvements between Louisiana and Hampshire Avenues in the existing open channel in Crystal, and final bituminous surface on the entire roadway. More specific details on the proposed Phase II improvements planned for 1996 will be provided at a later date. Project The New ~ City Council awarded the contract for Phase I of the street/utility improvement~ and the.railroad bridge reconstruction to Johnson Brothers Corporation (Iow bidder) in the amount of $1.3 million at the December 12th Council meeting. A pre- construction meeting was conducted on January 1 2th with all appropriate utility companies and construction personnel. The contractor plans to start construction of the project at the end of March or early April. The first phase will involve removal of existing bridge abutments and construction of new abutments and 36th Avenue will remain open during this time. The abutment construction will be completed at the end of July, at which time 36th Avenue will be closed to through 1/30/95 traffic to erect the steel for the bridge and perform the street and utility work. Estimated project completion is the end of September, at which time the road will be re-opened. It is difficult to be more specific about the schedule for the road closing due to the number of utilities to be constructed. It is possible that t~e rOad may have to be closed earlier or remain closed later than the dates stated above. The City will be sending~out additional bulletins regarding the project schedule as the project proceeds. Access Although the road will be closed under the bridge, 36th Avenue will continue to be open to local traffic up to/within 250 feet either side of the bridge. Therefore, access to the shopping center and the apartments located west of the railroad tracks will be available at all times from Winnetka Avenue via 36th Avenue. Access to Rainbow, Inc., Creamettes, All American Storage and residential properties on Maryland and Louisiana Avenues located east of the railroad tracks will be available at all times from Louisiana and Nevada Avenues via 36th Avenue. Detour Route During the course of the project when 36th Avenue will be closed, traffic traveling east on 36th Avenue will be detoured south on Winnetka to 32nd Avenue, then east to Nevada Avenue, then north back to 38th Avenue. Traffic traveling west will be detoured along the same route. A map of the detour route is attached to this bulletin for your information. Contact Persons If you have questions or concerns during the street and bridge construction projects, please direct your calls to the following persons, who represent the City Engineer: Dave Sanock: Beeper #580-3614 (punch your number in and he will return your call) Jerry Pertzsch: 636-2168, ext. 260 If you desire to speak with someone at City Hall, please contact Kirk McDonald, 531-5119. The City of New Hope has been working with the Soo Line Railroad and the Minnesota Department of Transportation since 1990 to determine the most efficient manner to reconstruct the bridge and to obtain funding. The City appreciates the cooperation of all the businesses and residents in the area impacted by the construction during this project. The completion of the project will result in much safer traffic conditions on 36th Avenue for both motor vehicles and pedestrians. Thank you for your cooperation. City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5119 --I I ,1MN M N il II ]1 'I'EA~IC CONTROL LEGEND !16-313-10 DETOUR ROUTE' PLANNING AND DEVELOPMENT Fourth Quarter 1994 Report City Council Synopsis Undoubtedly, the most important planning/zoning matter considered during the fourth quarter continued to be the construction of an athletic field comp/ex et Cooper High School. The City Council approved the conditional use permit and revised/compromise plans at the October lOth meeting and City staff/engineer continued coordination with the School District to modify and fine tune the plans. The City and School District are working cooperatively on their respective plans and it is anticipated that the final CUP Agreement will be executed once bids have been received. Another planning/zoning issue that demanded a great deal of time during the fourth quarter was an application by On Cue Billiards/Kraus-Anderson for a conditionel uae permit to allow a commercial recreational facility (billiard room) at Midland Shopping Center. The Po/ice Department conducted extensive surveys of similar establishments in the metro area in an effort to provide the Council and residents with accurate information. Due to an outpouring of neighborhood opposition, the request was eventually withdrawn and the Council passed a moratorium ordinance and directed that a study of commercial recreational facilities be conducted. Probably the two most important development projects during the quarter were the continued construction/expansion work on the Versa Die Cast building at 3920 Quebec Avenue North and continued negotiations with Conductive Containers, /nc. to facilitate their move to New Hope to rehabilitate the vacant industrial building at 4400 Quebec Avenue. Both of these projects will move forward and be completed in 199'5. The platting of City properties was another important objective accomplished in the fourth quarter. The City Center Addition Plat was completed on 42nd Avenue, which combined adjacent commercial parcels for marketing purposes. Two plats for housing and redevelopment purposes were also completed. Camerons 2nd Addition Plat was approved at the northeast comer of the City to facilitate the sale of the rehabilitated home at 7109 62nd Avenue. Also, the subdivision of City-owned property at 5009 Winnetka Avenue North (Marky Addition) was initiated in preparation for the construction of a handicapped accessible twin home on the site in conjunction with the CO-OP Northwest Community Revitalization Corporation. Lastly, the fourth quarter brought significant personnel changes to the New Hope Planning Commission. Three new members were sworn in at the October 4th meeting (Landy, Oelkers, Stulberg), bringing the Commission up to a total of 10 members. In December, however, three other members resigned. Doug Watschke and Mary Zak, who had both served six years each on the Commission, left due to other commitments. Robert Cameron, a member of the Commission for 23 years and chairman for 20 of those years, resigned due to upcoming retirement. ~,~pe, ctfully submitted, Kirk McDonald Management Assistant/Community Development Coordinator PLANNING AND DEVELOPMENT Fourth Quarter 1994 Report The Planning Commission reviewed the following cases during the fourth quarter: No. of Cases Notices Sent TOTAL CASES TOTAL NOTICES October 5 120 1994 1993 1994 1993 November 2 36 35 39 847 961 December 3 47 Month Type of Request Number Approved Denied Withdrawn Tabled October November Final Plat Variance,Rear Yard Setback SBPR CUP - Billiard Room Text Amend. SBPR (Hoyt) CUP - Outdoor Stg. (Hoy0 CUP - Home Occ/LP Back-up Text Amend. - Outdoor Stg. December 2 1 2 2 1 1 1 1 1 1 I 1 1 TOTALS 11 9 YEAR TO DATE TOTALS APPROVED DENIED WITHDRAWN CUP-Parking 1 Rezone Property 1 2 Text Amend.-Off-Street Parking 1 CUP-Outdoor Storage 1 Site/Bldg Review 7 Preliminary Plat 6 Text Amend.-Gas Canopy 1 Text Amend.-Gas Can. Signage 1 Zone Dist. Uses Study 1 Final Plat 5 Variance-Setback 5 PUD 1 CUP-Conv. Store w/Gas 1 Text Amend.-PUD Area 1 CUP Amemlment 2 Concept ~' 1 PUD Devel. Stage 1 CUP - Tower 2 CUP - Billiard Room 1 Text Amendment- I-1 Parking 1 CUP - Outdoor Storage CUP - Home Occupation 1 CUP - LP Backup System 1 Text Amendment - Outdoor Storage 1 TOTALS 44 2 2 TABLED 1 2 2 2 PLANNING/DEVELOPMENT ISSUES 1. ~iii~iiii~~ii~i!~!i iiii~i~ - The City requested Preliminary Plat approval of City Center Addition to consolidate several parcels into one lot to facilitate the sale of the property at 7300 42nd Avenue North. The Preliminary Plat was approved in September by the Planning Commission and City Council. The Final Plat was approved by the Planning Commission and City Council on October 4th and 10th, respectively. Also, at the November 14th Council meeting, the Council passed a resolution transferring a portion of 7400-7412 42nd Avenue North from the City to the HRA to resolve title problems on the plat. o ~~iiii!~i!i~~iii~iiii~ii~~??i~i.i.~- The EDA authorized staff to acquire the property at 6073 Louisiana Avenue North for the City's scattered site housing program. This is the rear portion of the Carol James property and the intent is to combine it with the rear portion of the adjacent City-owned property at 7109 62nd Avenue to create a new residential buildable parcel. The City requested Preliminary Plat approval to combine part of 7109 62nd Avenue North and the parcel of property acquired from Carol James into one parcel for development. The Preliminary Plat was approved in September by the Planning Commission and City Council. The City Council passed a resolution setting October 10th as the public hearing date to vacate an unnecessary utility/drainage easement on the property and said vacation was approved. The Final Plat was approved by the Planning Commission and City Council on October 4th and 10th, respectively. ~~ii~~ii~ - At the October 4th Planning Commission meeting, the Commission approved the request for Site/Building Plan Review/Approval for the addition of office/warehouse/ machine space along with additional parking spaces, subject to review by City Engineer and Watershed District. The City Council concurred with this recommendation at their October 10th meeting. ........ ~;?~:::::~iiiii~::ii~i~i~i~ - The Planning Commission approved a 6' rear yard setback variance to allow a garage addition at 4052 Cavell Avenue North at their October 4th meeting. The City Council concurred with this recommendation at their October 10th meeting. ~!i~ - The Planning Commission approved a request for a conditional use permit for a commercial recreational facility to allow a billiard room at Midland Shopping Center at their October 4th meeting on a 5/2/1 vote. After much discussion at the following two City Council meetings and a neighborhood informational meeting, the petitioner withdrew the application due to the fact that there was so much neighborhood opposition. Commissio~ members were officially sworn in at the October 4th Planning Commission meeting. Roger Landy, William Oelkers, Richard Stulberg ~~ii~iii~4~i~ - The City Council, City Manager and staff attended the October 5th "State of the North Metro Area" meeting sponsored by the North Metro Mayors Association. o ~ii~ - On october 25th the City Manager made a presentation on planning/ development activities in New Hope at the TwinWest "Good Morning New Hope" presentation, with several Council members and Department Heads in attendance. 10. 11. 12. 13. 14. 15. 16. ~~i!!i!~iii~iiii~ - The Final Plat of Northwest Church was filed with Hermepin County in October and an agreement was reached on the landscaping plan and landscaping was installed on the site. ' ~iiiii~iiii~ili~ii~!il~- During the third and fourth quarter a considerable amount of staff time was devoted to the analysis of the Cooper High School Athletic Field Complex and a number of meetings were held with District 281 officials. At the July 12th Planning Commission meeting, the Commission recommended denial of this request. Staff received a request from the School District prior to the July 25th City Council meeting to table this request until August 8th so the District could be better prepared to make their presentation to the Council. After a lengthy discussion between the Council and the School District on August 8th, the Council voted to table this matter for 60 days. On September 12th at the City Council meeting, this case was removed from table for an update from the City Manager, and at the September 26th meeting a revised plan was discussed and public input was heard. The City Council approved the CUP and revised plans at the October 10th meeting. The City Manager and School District are continuing to work together to finalize all plans ~iii~ii~iii~~ii~ - Upon recommendation by the City Council, the Codes & Standards Committee studied the off-street parking in the Industrial Zoning Districts. With the recommendation from the Committee and the Planning Commission, the City Council approved the changes in the I-1 District regulating off-street parking requirements at their November 14th meeting. ~ili~iiiii!~i!ii~iiiii~i!i~i!ii~!iii~ - At the November 1st Planning Commission me~ting, the Commission tabled a request for a site/building plan review to allow construction of a 40,000 square foot office/warehouse (paper transfer) facility and a CUP to allow the outside storage of 20 semi-trailers at 7300 49th Avenue due to lack of detailed plans. This request was later withdrawn, as Waldorf decided to construct the facility in Maple Grove. ~!~ii~iii~~iii~ii~~i!i~~ - In November the City received an executed Development Agreement and bond for the OneComm tower at 5008 Hillsboro Avenue and the tower is under construction. The City Council also passed a resolution accepting an easement for ponding and drainage purposes at the site at the November 28th Council meeting. ~iii~!i~ii~ii~ii~ - In November the City also received an executed Development Agreement and bond for the U.S. West tower at Victory Park and the tower is under construction. The City also received an executed lease agreement along with payment for the fa-st year's lease of the City property. ~i!i~ - During November City staff completed a one-week course presented by the National Development Council on Multi-Family Housing Finance. ~iii~!ii~ - At the November 28th City Council meeting, the Council approved an Ordinance Temporarily Prohibiting Pool or Billiard Centers Within the City and a Resolution Authorizing a Planning Study to Consider Amended Regulations for Commercial Recreational Facilities, due to the neighborhood opposition regarding the Midland Shopping Center proposal. The Planning Consultant started preparation of a study on this issue in December and the City staff, Codes & Standards Committee and Planning Commission will be studying this issue during the fa-st quarter of 1995. 17. 18. 19. 20. 21. 22. 23. ~ii~iiE~!i~ - At the December 6th Planning. Commission meeting, the Commission : ::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::: :~: approved the request for a conditional use permit allowing the installation of an LP back-up system and the City Council approved the request on December 12th. ~i?iiii~~- The Planning Commission approved a request from Teresa Snell, 4801 Zealand Avenue North, for a home occupation (mailing service) at their December 6th meeting and the City Council approved the request on December 12th. Codes & Standards Committee and Planning Commission have been studying the outdoor storage issue for several months and made a recommendation to the City Council amending the New Hope Zoning Code regulating the open outdoor storage as a permitted accessory use and conditional use within the Industrial Zoning Districts. The Council approved this recommendation at the December 12th meeting. ~ii!i~ii~i~ii~ - At the August 22nd Council meeting a resident who raises pheasants in his back yard requested that the Council consider amending the existing ordinance which prohibits this activity unless there is a minimum lot size of 54,450 square feet. The Council referred this matter to the Planning Commission for study and the Commission referred the matter to the Codes & Standards Committee. At the December 12th City Council meeting, the Council approved an Ordinance amending the New Hope Zoning Code regulating the keeping of animals within the City, as recommended by the Planning Commission at their December 6th meeting. ~ii~~~ili?iii~ - City staff received letters of resignation from three members of the Planning Commission effective December 31, 1994: Robert Cameron, Mary Zak, Doug Watschke. The City Council passed resolutions accepting the resignations and thanking the members for their service. Cameron had served on the Commission for 23 years; 20 years as chairman. ~ - On November 14th the EDA requested an update from staff and Autohaus regarding the site improvements that were to be made to the property, including the retaining wall location issue and the lease agreement with Colour Lab. The EDA directed staff to meet with Autohaus again to clarify these issues and bring this issue back to the EDA for discussion during the first quarter of 1995. ~ii~ - During the fourth quarter, staff continued to participate in the Business Retention Program. The surveying of New Hope businesses was completed with 112 businesses being surveyed. Most of the businesses surveyed were small professional service providers. There were 12 red flags during the fourth quarter. Staff continued to update the list of available vacant land and buildings in the City. The purpose of maintaining a current vacant land/building listing is to provide more accurate information to businesses/industries wanting to locate in New Hope. Now that the surveys of New Hope businesses have been completed, the cities involved in the program are looking at Phase II, which consist of four general areas: 1) survey new businesses as they move into the area; 2) establish a summer youth program; 3) develop a clearing house between participating cities; and 4) establish improved training programs at local colleges and vo-techs. 24. 25. ~ilili~i~iill ii~- At the October 24th EDA meeting, there was discussion regarding the vacant property at 4400 Quebec, which has been identified as a possible future ponding site in the City's preliminary Surface Water Management Plan. Conductive Containers is interested in purchasing the property to the north but needs additional land for truck maneuvering. The EDA discussed the possible purchase of this vacant parcel and in turn deeding a portion of the property to Conductive Containers and leaving the balance of the property for the City's storm water needs. At the December 12th Council meeting, the City Council passed a resolution establishing public purpose to acquire the property by right of eminent domain and authorizing condemnation proceeding to take the property. At the end of December a Letter of Agreement was executed between the Cie,,, and CCI, stating that the City would acquire the vacant property and CCI would purchase the vacant industrial building. The City continued to negotiate with the property owner to see if acquisition could take place without implementing the condemnation action. ~iiii~iiii~iii~ - During the fourth quarter, the Codes & Standards Committee studied zoning options for the vacant A.C. Carlson property at 8901 Bass Lake Road. The Planning Commission did not reach a consensus on this issue, as some members favored a rezoning and others felt that the CUP process was a more appropriate course of action. City staff continues to have discussions with the property owner about this parcel and the options available. Kirk McDonald Management Assistant/Community Development Coordinator ENGINEERING Fourth Quarter 1994 Report City Council Synopsis A variety of important engineering projects continued throughout the City during the months of October/November/December. Two major projects that the Council and staff have worked on for the past several years, that moved forward were the City. Wide Retaining Wall Project and the 36th Avenue Railroad Bridge and Street Reconstruction Project. The majodty of the work on the reconstruction of 28 retaining walls in the City was completed this fall and clean-up work, including grading, sodding and sidewalk restoration, will be completed in the spring. Also, the agreements with the Soo Line and Twin City & Western Railroads were finally approved, the State Transportation Grant was approved, and the contract was awarded for the reconstruction of the 36th Ave. Railroad Bridge and Phase I of the 36th Avenue street/storm sewer improvements. The retaining wall project will be concluding just as the railroad bridge reconstruction gets underway. The Phase II City Hall Remodeling Project continued on schedule during the fourth quarter, under the direction of the Director of Finance and Administration, with weekly update meetings being conducted. This project should be finalized in February and staff are looking forward to moving back into the remodeled offices. One new project that was undertaken in the fourth quarter was a Transportation Plan Update for the City. Informational meetings were conducted with City staff and the Citizen Advisory Commission and data gathering and mapping was initiated. A public forum to receive input from residents is scheduled for January and this project is on schedule and should be completed in March. During the fourth quarter the City initiated work on two upcoming street projects. The City Council accepted the Preliminary Report on the Street Surface Evaluation for the '1995 Street Improvement Program and ordered the preparation of a Feasibility Report. The report will be presented to the Council in January and an informational meeting will be held with residents. A great deal of staff time was also spent on the Cooper High School Street Improvement Project, with an informational meeting being held with residents in October and several meetings with the School District to define the project scope and timeline. This led to the authorization for the City Engineer to prepare a Feasibility Report and plans and specifications for the project, which will be considered in January. The City is committed to working cooperatively with the School District to accomplish these improvements. Lastly, water-related projects received a lot of staff and Council attention during the fourth quarter. The 3-City Joint Water Commission Water System Analysis was presented to/accepted by the Council in December, which calls for the construction of a new one million gallon water tower at 47th & Aquila to replace the existing 500,000 gallon tower. An update on the Surface Water Management Plan was presented to the Council and major projects/financing options were discussed. Staff presented recommendations to the Council for 1995 Backyard Drainage Improvements. All of these items will continue to be discussed in 1995, with several moving into the implementation stage. These projects kept staff busy in the engineering area during the fourth quarter, with a number of engineering goals/objectives being reel Resp_ectfully submitted, Kirk McDonald, Management Assistant/Community Development Coordinator ENGINEERING PROJECTS Fourth Quarter 1994 Report Progress took place on the following major engineering projects during October, November and December, 1994: ~iii~:i:i~~.}..' - At the November 14th City Council meeting, the Council ~p~)~i'"tfie agreements with Soo Line Railroad and Twin City & Western Railroad regarding the reconstruction of the bridge over 36th Avenue. At the same meeting the Council agreed to table the award of the contract for Phase I of the 36th Avenue Street and Storm Sewer improvements, due to concerns regarding costs related to the railroad's portion of the work. At the December 12th meeting, the Council approved the terms and conditions of State Transportation Fund Grant for the construction of Bridge No. 27A04 over 36th Avenue North. The contract for the construction of street and storm sewer improvements was also awarded to Johnson Brothers Corporation in the amount of $1,299,936.25, the low bidder on the project. Construction will start in March, 1995. ~iii - City staff met with Northern Environmental representatives in September regarding the clean-up status of the City-owned property at 42nd and Nevada Avenues. Northern Environmental indicated that the groundwater samples indicated only mhnimal amounts of gasoline contamination and recommended that the City formally apply to the MPCA for an "all clear" letter on the property. During the fourth quarter Northern Environmental prepared the request which will be submitted to the Council in January. The City will also be submitting an addendum to the original Petro Fund request so that the City can be reimbursed for the work that has taken place at the site in 1994. ~!i~i ~ii~ii~ - The majority of the work on the retaining wall project was completed this fall and remaining items, such as grading, sodding and some sidewalk reconstruction work, will be completed in the Spring of 1995. ~i~ii~iii~i!~il~ii~iii~ii!~ - At the October 10th City Council meeting, the Council passed a motion approving a quote from Aid Electric Service, Inc. in the amount of $4,250 to make modifications to the generator to operate the conveyor belt system for the salt storage building. At the November 14th City Council meeting, the Council approved Change Order No. 3 for a $535 deduction, which brings the total of the contract to $346,118.22. The site improvements have been completed and the salt storage building is in operation. sent to the citi~' of Plymouth and Crystal requesting thetr partlclpaUon m tlus project, but no formal response has been received to date. ~ii~ili~~i~~!~ - An update on the Surface Water Management Plan was presented to the Council at the December 12th meeting. Staff presented the following six storm water projects for consideration, including Hoyt Development, 49th & Quebec Avenue ($50,000), Cooper/Brandell Pond, 47th & Flag Avenue ($400,000), 4400/4500 Quebec Avenue ($100,000), Gethsemane Cemetery, 40th & Boone ($150,000), Northwood Lake/36th Avenue ($900,000), and Jaycee Park ($100,000), for a total of $1,700,000. Options for trmaneing storm water improvements were outlined and these options will be discussed further at a future work session. 10. 11. 12. 13. 14. ~J.'.~ii!~i~iii~iii~!i~i~i!~?ii~~!i~i~i~ - At the October 10th Council meeting, the Council passed a resolution establishing a budget for Phase II City Hall Remodeling in the amount of $560,000 and transferring funds from variOuS bond funds to cover project costs. Change Order No. 1 in the mount of $18,975 was approved at the November 14th City Council meeting. This project proceeded on schedule during the fourth quarter and should be completed in February, 1995. ~ - Work continued on this project during the fourth quarter on 42nd Avenue being constructed. The old sign will be removed this spring. Staff also prepared a sign agreement for the 45th and Winnetka intersection at the shopping center, but the owners have not yet executed the agreement. The clock tower and school sign at the intersection of 42nd and Winnetka also still needs to be completed. ~j.'.~iiii~iiii!~iii~ii~iiii~iiiii~~iii~~ - The final pay request to Bituminous Consulting & Contracting was approved in the amount of $1,000 at the October 10th City Council meeting and this project is now completed. ~ii~i~iii~ii~ - At the April 25th City Council meeting, the Council approved a resolution awarding contract to Aero Asphalt for basketball court improvements in the amount of $58,750. The majority of this work was completed during the third quarter and punch list items were finished in the fourth quarter. Pending receipt of the proper paperwork, the project will be fmaled out. The project included remodeling/resurfacing five basketball courts and color coating seven courts. December 12th City Council meeting, the f'mal report of the 3-City Joint Water Commission Water System Analysis was presented and accepted. The results of the study indicated the system is in good shape, however, certain upgrades are necessary. One recommended improvement would be to replace the north water tower located at 47th & Aquila with a new one million gallon water tower. The City's share (1/3) is estimated at $330,000 for the new water tower. ~iiii~iiii~!i~!ii~illii~- At the November 14th City Council meeting, the Council approved a resolution accepting the Preliminary Report on the 1995 Street Surface Evaluation and ordered the preparation of a feasibility report for resurfacing/reconstmcting the streets in the study area. ~~i:~!'"~i~i!~ - The City Council approved plans and specifications and authorized advertisement for bids for new play area equipment at Jaycee Park at the July 25th meeting. Tbe City Council awarded the contract for play area equipment at Jaycee Park to Sunram Landscaping for $43,313 at the August 8th meeting. The installation of the equipment was completed during the fourth quarter and final site work will be completed in the Spring of 1995. ~iii~i!!i~i~!~ii~- At the September 12th Council meeting, the City Council approved plans and specifications and authorized advertisement for bids for the installation of a traffic signal at the intersection of 36th and Boone Avenues. Several residents residing close to the intersection raised concerns about the signal installation at the September 26th Council meeting. An informational meeting to gain residents input was conducted on October 6th and staff presented ,four options for the Council to consider at the October 24th Council meeting: 1) do nothing; 2) improve existing conditions (lower stop signs, install "All Way" signs below stop sign, place advance warning sign for stop sign and pedestrian crossing, make red flasher operational 24 hours, and install 15. 16. 17. 18. 19. larger stop signs with highest reflective sheeting); 3) install traffic signal; and 4) install traffic signal and improve the grade in Boone Avenue north of 36th Avenue. After much discussion between staff and residents, a decision was made to form a Committee to study the options (option 2) for the present. Signage improvements were made to the intersection at the end of October by the Public Works Department. ~i~ili~!ii~~ii~i~ - At the October 24th City Council meeting, the Council approved a proposal by Bonestroo & Associates for a Transportation Plan Update. It was determined that public input would be sought to locate trouble spots, as well as involving the CAC in the data gathering and review process. The most recent plan for the City is dated 1974. On November 16th a project initiation meeting was held with City staff and on December 19th the Traffic Engineer met to discuss the plan/process with the Citizen Advisory Commission. Data collection and mapping proceeded during November/December/January and an open forum for citizen input will be conducted in January. approved a resolution authorizing the City Engineer to prepare a Feasibility Report and plans and specifications for the Cooper High School Street Project. The City Manager also updated the Council regarding the athletic stadium agreement and the timeline for the project. ~i~iii~i!~ii~!i~ - The City Council reviewed staff's recommendations for five backyard drainage improvement projects for 1995, proposed to be funded out of the Storm Water Utility Fund: 1) 5960 Independence Avenue (overland drainage), 2) 4808 Decatur Avenue (storm sewer construction), 3) 8101-8201 47th Avenue (overland drainage or storm sewer construction), 4) 4709 Utah Avenue (storm sewer construction), and 5) 4649 Rhode Island Avenue (storm sewer construction). Staff was seeking approval to prepare plans and specifications for the projects, however the Council determined that it would defer discussion on these projects until a work session is held, at which time all storm water management projects and funding mechanisms can be discussed. These projects will be brought back to Council no later than March 13th. ~!i~.i.~i.~ii~ - During the fourth quarter the Parks & Recreation staff met with the City Engineer and the baseball coach from Armstrong High School to discuss needed improvements to the field. Grading, irrigation and lighting improvements are programmed for 1995. ~ii~iiii!~i~ii~iii~- At the November 14th Council meeting, the Council discussed a request to alter the playground equipment at Northwood Park. The Council determined to refer the matter to the Citizen Advisory Commission and two meetings with the manufacturer of the equipment were scheduled/conducted with neighbors and CAC. The CAC made a recommendation at their December meeting that Northwood Park be named the site for new play equipment in 1995 and this recommendation will be considered by the Council in January. Kirk McDonald Management Assistant/ Community Development Coordinator HOUSING AND REDEVELOPMENT AUTHORITY Fourth Quarter Report -- City Council Synopsis During the fourth quarter the City continued work on a number of scattered site housing and redevelopment activities. The house located at 5009 Winnetka Avenue North was cleared in July, and the site is ready to be developed. During the fourth quarter staff advertised for architectural services and chose Equal Access Homes as the designer for the project. A preliminary design was approved by the City Council at the December 12, meeting. In addition, interested buyers have been interviewed and sent to Marquette Bank New Hope for pre- approval of a mortgage loan. The house located at 7109 62nd Avenue North has been rehabilitated and was put up for sale in October for $59,900. Applications were accepted from first-time home buyers interested in purchasing the property and a lottery was conducted in November to determine the buyer. The closing is scheduled for January 1995. The property at 6073 Louisiana Avenue North, which adjoins 7109 62nd Avenue North at the southern property line, will probably be developed sometime in 1995. Staff is also looking at other properties throughout New Hope that are good candidates for purchase, rehabilitation, or new construction in 1995. A variety of other housing-related projects were also continued or initiated during the fourth quarter. The management of the Section 8 Program continued and the City initiated an application for the Minnesota NAHRO Educational Scholarship Program. Work continued on the New Hope Apartments Rehabilitation Project, with a majority of the rehab work being completed and an additional loan being approved for unanticipated expenses. Staff also initiated the 1995 5-City Remodeling Fair, in conjunction with the City of Crystal, and sent registration forms out to over 600 businesses. This event, which is scheduled for March 25th, has been highly successful in previous years. Staff also continued to actively participate in a number of CO-OP Northwest housing activities. The selection of new staff for the CHODO is in process, with input from the 5 participating cities. Staff continues to work on the federally funded HOME projects in the City and is preparing projects to be considered for 1995 consideration. New Hope may be selected to participate in the Enhanced Housing Initiative Program, being sponsored by Northwest Hennepin Human Services, to provide additional services to apartment residents at Park Ridge Way Apartments. Lastly, preliminary planning has started for a Renters Rights & Responsibilities Workshop to be conducted in May. The fourth quarter, concluded what has been a busy and successful year for the City of New Hope in housing and redevelopment activities. Respectfully submitted, Kirk McDonald Management Assistant/ Community Development Coordinator Sarah Bellefu~t Administrative Analyst HOUSING AND REDEVELOPMENT AUTHORITY Fourth Quarter 1994 Report The New Hope HRA continues to be busy with the management of housing programs and redevelopment activities in the City. Section 8 Rental Assistance Pro_re'am Currently, the Section 8 Rental Assistance Program is providing assistance to 258 New Hope low income families. This is up slightly from the 253 families that were being served in September. During this same time period in 1993, New Hope was providing assistance to 255 families, so overall the program is serving the about same number of families in 1994 as in 1993. The breakdown is as follows: Certificates Vouchers Total October 181 70 251 November 179 71 250 December 176 72 258 The number of housing inspections has decreased compared to the same time period in 1993. During the fourth quarter of 1994 a total of 99 inspections were completed, as compared to 167 for the same time period in 1993. A total of 386 inspections had been completed at the end of the third quarter. A breakdown of housing unit inspections for the fourth quarter is contained in the following table: Initial Reinspect Total Year to Date Section 8 65 34 99 485 The most significant activity that took place during the fourth quarter regarding the Section 8 Housing Program was implementing a new Contract for Administrative Services between the Metropolitan Council and the City. The EDA approved the new contract in August. The two major changes in the contract were that the administration fee available to the City increased from $16.56 per mt/month to $21.00 per unit/month for basic administrative services and the City will only be required to submit quarterly invoices/reports instead of monthly reports. City staff supported the new contract and the increased administrative fee, and welcomes the decrease in monthly reporting requirements. Minnesota NAHRO Education Scholarship Pro.am In December, tl~ City initiated participation in the 1995 Minnesota NAHRO Education Scholarship Award. The M~ Chapter of the National Association of Housing and Redevelopment Officials has established an education scholarship to assist lower income individuals with post-secondary educational expenses. To qualify, the applicant must be a resident of a housing unit or be a participant in a rent assistance program. The applicant's annual household income must be at or below 50% of the area median income as determined by HUD. Individual scholarship awards of $500 per year for two years are available. The City has primary responsibility for promoting the program, taking/verifying applications, and sponsoring an applicant. The City has solicited applications from persons the City feels would be good candidates for the program and will be reviewing/submitting applications during the first quarter. This will be the second year the City has participated in the program. Cor/nnunit¥ Development Block Grant Program Housing Rehabilitation- Hennepin County manages the Housing Rehabilitation program for the City and maintains a waiting list. The funds assist low income persons in making basic repairs to homes that they own. Currently there are two residential households in the process of being assisted, one being rehabilitated and two on the waiting list. At this time all 1992/93 funds have been expended. Approximately $27,527 in funds has been expended or committed for 1993/94 and $26,400 has been reserved in 1994/95. Scattered Site Housing Program - During the fourth quarter the City continued to pursue several projects that will be funded in part by previous years CDBG moneys for scattered site housing programs. Projects that used scattered site housing funds include the following: 5009 Winnetka Avenue North - In October 1994 staff interviewed architecture and design firms that specialize in accessible housing. Research consisted of interviewing architects and designers and visiting accessible homes. Staff sought bids for architectural services and at the November 14th EDA meeting, the EDA approved a Letter of Agreement with Equal Access Homes to provide design services, for $1,870.00. The services provided by Equal Access Homes included a design, construction plans, specs, site visits during construction, and meetings with buyers and staff. A representative from Equal Access Homes and staff met on several occasions in November to discuss the floor plan and exterior design of the site. During these discussions, it was decided the twin homes should be slab on grade design, have two bedrooms, one bathroom, a kitchen, dining room, living room, utility room, and over sized garage. In addition, Tom Schuster, the City Forester, completed a preliminary landscaping design for the property. The City Council approved the preliminary design on December 12, 1994, and final plans and specs will be presented to the City Council on January 9, 1995. During the fourth quarter staff also continued work on site preparation and subdivision of the parcel. At the October 24th Council meeting, a quote from Kevitt Excavating was approved in the amount of $4,350 for tree removal and grading and the work was completed the first part of November. At the November 14th Council meeting, the Council passed a resolution transferring the property from the City to the EDA, as the EDA oversees housing development. In November, staff began the process to plat and subdivide the site. Staff sought bids for platting, and at the December 12th Council meeting, the Council approved a quote from Hy-Land Surveying in the amount of $950.00 to prepare the preliminary and final plats. Preliminary plat approval will be brought to the Planning Commission on January 3, 1995. During the past three months, the City has also been working with Thompson Associates on the sale of the twin homes to individuals with disabilities. During the third quarter, staff advertised for buyers in numerous publications. In November interested persons were sent an application form. Thompson Associates reviewed the applications, interviewed interested parties, and completed a preliminary income eligibility report. In December, three individuals were determined to be eligible for the property and are interested in purchasing one of the twin homes. In late December, they were referred to Marquette Bank New Hope for pre-approval for a mortgage. Since there are three interested parties and only two homes available a lottery will be conducted. 2. 7109 62nd Avenue North - The City received a $60,000 grant from the MI-IFA for this project. Rehabilitation and landscaping of this property was completed in October, 1994. At the November 14th City Council meeting, the City Council approved the final pay request to Flag Buildei's in the amount of $31,660 for the rehab work. The City purchased the property for $36,263 using MHFA grant funds. The total cost of rehabilitation was $31,660 and was paid for through CDBG Scattered Site Housing Funds. In late September the house was appraised at $57,900 and a sales price was set at $59,900. The difference between the sales price and the cost of purchasing and rehabilitating the home is also being paid for through MHFA grant funds. The house was put up for sale during the third week of October. There was also an Open House on October 30th, for people interested in touring the home. Persons interested in purchasing the property were given an application form. After the City received completed application forms, a lottery was held on November 18th. The winner of the lottery was first-time home buyer Daren Mattson, a long time resident of New Hope. After winning the lottery Mr. Mattson was referred to Marquette Bank New Hope to be approved for the loan. At the November 28th EDA meeting, the EDA passed a resolution authorizing staff to publish a notice and conduct a public hearing on the sale. At the December 12th meeting, the EDA held a public hearing and passed a resolution authorizing the sale of the property. Mr. Mattson also signed a purchase agreement for the property in November 1994. The closing is scheduled for completion in January 1995. The proceeds from the sale of the home will be used to fund other scattered site housing projects. 6073 Louisiana Avenue North - The property at 6073 Louisiana Avenue North and 7109 62nd Avenue North was replatted as the Cameron 2nd Addition in December. Replatting the property increased the size of 6073 Louisiana Avenue to 16,542 feet and decreased the size of 7109 62nd Avenue North to 9,500 square feet. Staff is currently working on a budget for the construction of either a single family handicap accessible home or a handicap accessible twin home for the property. This project would be funded through similar sources as the 5009 Winnetka Avenue project including, HOME, CDBG, and EDA funds. In addition, the City will be applying for a number of MHFA and Metro Council grants in the first quarter of 1995. Boone Avenue North - The New Hope EDA acquired 5501 Boone Avenue North and the northern 75 feet of 5425 Boone Avenue North through eminent domain/condemnation process, to facilitate the construction of the Care Break Adult Day Care Center to be operated by Senior Outreach Services. At the present time the New Hope EDA owns a portion of 5425 Boone Avenue North and is proceeding in an ongoing condemnation action for 5501 Boone Avenue North. Because Care Break has shown interest in purchasing the Homeward Bound site at 4741 Zealand Avenue North, the City has put this project on hold. The City has designated $100,000 (approximately $33,000 per year for three years) in CDBG funds for a future Care Break facility. MHFA Minnesota City Participation Pro,ram The MCPP is a program through the MHFA in which the Mtt~A sells mortgage revenue bonds on behalf of participating cities to meet locally identified housing needs. The proceeds from the bonds provide below-market interest rate mortgage loans for low and moderate income first-time home buyers. The MCPP is a six month program that began on July 7, 1994, and ran for six months. During the first four months, participating cities have exclusive use of their individual allotment. During the final two months, the individual allotments go into a statewide pool that is available to all MCPP participating cities. In 1994 the City received $849,000 with an interest rate of 7.3%. In November 1994 any funds remaining from the City's allotment were rolled into a State wide pool. This pool was available to all cities participating in the Minnesota City Participation Program. The 'City plans to participate in the program again in 1995. It is possible that the program will not be continued in 1995, therefore staff will review and apply fOr similar programs as they become available. CO-OP Northwest HOME Grant - During the fall of 1993, staff was notified that Hennepin County had approved a $274,100 5-City grant application for Federal HOME funds. New Hope will utilize $40,000 worth of HOME funds, in conjunction with other grant moneys, to acquire and build a handicap accessible twin home at 5009 Winnetka Avenue North. During the first quarter of 1995, the City will present the CHODO with a variety of purchase/rehabilitation and new construction projects that will utilize additional HOME funds. 5-City Multi-Jurisdictional Housing/Human Services Group - Staff continues to participate in these groups that seek out programs to integrate human services with multi-family housing complexes. Seven action groups have been formed and staff served as Co-chair for Housing and Family Services Action Group until October of 1994. Besides serving on this Action Group and reporting to/attending Executive Committee meetings, staff also continues to serve on the Planners Sub-Group and the Housing and Human Services Group. These groups meet on an informal basis to coordinate housing programs, the annual remodeling fair, and other new initiatives. Habitat for Humani~ The City is interested in having Habitat for Humanity construct a home or homes in New Hope. In July 1994, the City presented three vacant, tax forfeited properties located at 4003-4015 Oregon to Habitat for Humanity for their inspection. Habitat for Humanity reviewed these lots, but decided not to initiate any construction activities in the Northwest suburbs in either 1994 or 1995. Broadway Village Apartments Community Center and Lighting Improvements Project This project continued throughout the fourth quarter, with a majority of the work being completed and several pay requests being processed after review of the work by the Inspections Department. 1995 Northwest Suburban Remodeling Fair Staff geared up for the 1995 Northwest Suburban Remodeling Fair during the fourth quarter in cooperation with the other CO-OP Northwest Cities. The Fair will be conducted on March 25th at the Crystal Community Center and this will be the third year of the event. New Hope is again coordinating the registration process and the disbursements for all expenses. This activity will require a lot of staff attention during the first quarter of 1995. Multi-Family Housing Financial Assistance Policies In September 1994, the EDA approved a Multi-Family Housing Financial Assistance Policy to address requests for funding assistance for building rehabilitation/renovation work from owners of multi-family dwellings in the City. In February 1994, a loan proposal was approved for New Hope Apartments (four 12-unit buildings) for $200,000 in rehab work. The closing on the loan was completed in June and the renovation work was started in July. A substantial amount of work was completed during the third and fourth quarters and several payment requests have been approved, subject to recommendations from the Inspections Department. At the November 14th EDA meeting, the EDA approved an additional'S20,000 loan to cover additional unanticipated expenses including a new fire alarm system. Staff has been pleased with the cooperation of the owners and the overall execution of the rehabilitation project. This project should be completed in the spring of 1995 and staff is interested in undertaking a similar project at another multi-family housing complex in 1995. Enhanced Housing Initiative Program The Enhanced Housing Initiative, sponsored by CO-OP Northwest and supported by a grant from the McKnight Foundation, is a collaborative effort committed to improving the lives of lower income apartment residents in the Northwest suburban area. The program strives to increase resident stability, enhance the sense of community among residents, promote long-term residency and connect residents to community and resources. Community organizers work with residents to identify/address common needs and concerns. The Enhanced Housing Initiative worked with Ridgebrook Apartments in Brooklyn Park for the past 1 1/2 years and coordinated after-school tutoring and recreational activities and helped link residents to resources. One of the major objectives of the program is to increase apartment residents communication and interaction with social service agencies, apartment management and local officials and to improve their ability to work with these groups to address their social service and livability needs. In 1995, the Enhanced Housing Initiative plans to replicate the program in another northwest suburban community. During the fourth quarter, staff wrote letters to encourage the management at Park Ridge Way to consider the program for their residents. Meetings between CO-OP Northwest, the management for the apartment, and City representatives are scheduled in January. Respectfully submitted, Kirk McDonald Management Assistant/ Community Development Coordinator / Sarah Bellefuil \ '"'- Administrative Analyst STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT CORRICK & SONDRALL, P.A. ATro~¥s Ar L^w Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 SHARON D. DERBY January 9, 1995 Mr. Kirk McDonald Management Assistant City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Bass Lake Road and County 169 Rezoning (A.C. Carlson Property) Our File No: 99.49414 Dear Kirk: This letter is meant to clarify concerns regarding illegal "spot zoning" claims if the A.C. Carlson property at Bass Lake Road and 169 is rezoned to a commercial classification. Such a rezoning would not be illegal "spot zoning" "Spot zoning'" was defined by the Minnesota Supreme Court in the case of State, by Rochester Ass'n, etc. vs. City of Rochester, 268 N.W.2d 885 (1978) as follow: '"Spot zoning is a label applied to certain zoning amendments invalidated as legislative acts unsupported by any rational basis related to promoting public welfare. The term applies to zoning changes, typically limited to small plots of land, which establish a use classification inconsistent with surrounding uses and create an island of non-conforming use within a larger zoned district, and which dramatically reduce the value for uses specified in the zoning ordinance of either the rezoned plot or abutting property." Certainly, the A.C. Carlson property is a small parcel of land, however, the rezoning of a small parcel of land in and of itself does not constitute "spot zoning" Specifically, "spot zoning" occurs when property is reclassified out of harmony with the surrounding area granting discriminatory benefit to one or two property owners without regard to the public welfare or good regardless of the lot size. 8 McOuillan, Municipal ~orporations, §§25.83-84. Mr. Kirk McDonald January 9, 1995 Page 2 Applying these principals to the subject property, one could argue the current industrial zoning classification is more out of harmony with the surrounding area than would be a commercial rezoning. Industrial rezoning is a more intensive use than commercial and is ]ess compatible with other zoning districts. The subject property is bordered by resi'dential/office to the north, a park to the south, and high density residential to the east and southeast. The industrial classification of the subject property is probably more detrimental to the land values of the adjacent residential properties than if said property was zoned commercial. Certainly, the industrial classification of this property is equally if not more out of harmony with the surrounding area than if it was rezoned commercial. Therefore, despite the fact the property owner may benefit from a commercial rezoning we would be hard pressed to show the public welfare or good would be better promoted by the existing industrial zoning and worsened by a commercial rezoning. This is especially true in light of other commercial property in close proximity to the subject at Bass Lake Road and Winnetka Avenue. It is my opinion that commercially rezoning the subject property, even if it is limited to the A.O. Carlson parcel, is lawful and could not be attacked as "spot zoning" as that term is defined by the herein cited case. The commercial rezoning would likely be more consistent with the surrounding residential and park uses than the existing industrial zoning. Also, property values would not be dramatically reduced, if reduced at all, by commercial rezoning. Finally, there is nothing to suggest the public welfare and good would suffer a detriment by commercial rezoning. On the contrary, potential permitted uses in an I-1 zoning district such as a radio and television antenna farm, warehouses or a commercial garage permitting major auto repair, would be more detrimental to the public welfare and good of the surrounding area than rezoning to permit a furniture and appliance store. Further, if we are concerned about an appearance of impropriety by granting preferenti&l treatment to a single property owner, I do not see the difference between amending the conditional use permit provisions of the industrial zoning district to allow a furniture store rs. rezoning the property to permit the same thing. Mr. Kirk McDonald January 9, 1995 Page 3 I hope this letter clarifies any confusion over what constitutes spot zoning. Contact me if you have any further questions. Very ~t£~jly yours, Steven A. Sondral slm3 Enclosure CC: Daniel J. Donahue (w/enc) A1Brixius (w/enc) )ur aw STATE, BY ROCHESTER ASS'N, ETC. v. CITY OF ROCHESTER Cite ks 268 N.W.2d 885 STATE of Min'ne[$ota, By the ROCHES- TER ASSOCIATION OF NEIGitBOR- HOODS, et al., Appellants, ¥. CITY OF ROCHESTER, Respondent, Rodney Younge, Respondent, Northwestern National Bank of Minneap- olis and Mr. Judson Gooding, as trustees of the trust established under the will of A. C. Gooding, Respondents. No. 48166. Supreme Court of Minnesota. May 5, 1978. Action was brought challenging validi- ty of rezoning ordinance and seeking de- claratory judgment and injunction. The District Court, Olmsted County, O. Russell Olson, J., denied thc requested relief, and plaintiffs appealed. The Supreme Court, Rogosheske, J., held that: (1) in rezoning a single 1.18 acre tract of land from single family and low-density residential to high- density residential, city council acted in its legislative capacity and the rezoning classi- fication had to be upheld where the oppo- nents failed to prove that the classification was unsupported by any rational basis re- lated to promoting the public health, safety, morals, or general welfare, or that the clas- sification amounted to a taking without compensation; (2) the rezoning amendment was not invalid on ground that it was incon- sistent with city's comprehensive land use plan prior to subsequent conforming amendment of land use plan, and (3) rezon- lng did not constitute illegal "spot zoning." Affirmed. Kelly, J., filed a dissenting opinion. 1. Zoning ~=,2, 683, 684 When municipality adopts or amends zoning ordinance, it acts in a legislative capacity under its delegated police powers, and its zoning or rezoning classification must be upheht unless opponents prove that Minn. 885 thc classification is unsupported by any ra- tional basis related to promoting public health, safety, morals, or general welfare, or that the classification amounts to a tak- ing without compensation, and this rule ap- plies regardless of the size of thc tract of land involved. 2. Zoning ,~==,27, 157, 378 In passing zoning or rezoning ordi- nance, city council is required to make a legislative judgment that a certain zoning classification will promote the public health, safety, morals and general welfare, while in granting or denying a special use permit, city council is not altering the legislative judgment as to the zoning classification, but has adjudicative function of applying specific use standards set by the zoning ordinance to a particular individual use, and must be held strictly to those standards. M.S.A. § 462.357, suhd. 1. 3. Zoning ~=386, 502 Proposed high-density residential use of land which had been zoned for Iow-densi- ty residential use could not have been ac- complished through special use permit, nor could it have been permitted through a variance since variances are available only with respect to requirements of zoning ordi- nance other than use. M.S.A. § 462.357, subds. 1, 6. 4. Zoning City council's amendment of zoning or- dinance with respect to a single 1.18 acre tract of land involved a legislative judg- ment, and thus was subject to review under the narrow scope of judicial review applica- ble to action in legislative capacity, despite contention that such rezoning should be subject to close judicial scrutiny as an ad- ministrative or quasi-judicial act. 5. Zoning ~:~131, 191 Statute required only that land-use plan be adopted before initial zoning ordi- nance was adopted, and did not require that zoning ordinance conform exactly to city's land-use plan or that the plan be amended before zoning ordinance was amended. M.S.A. § 462.357, subd. 886 Minn. 268 NORTH WESTERN REPORTER, 2d SERIES 6. Zoning ~=604 . City council's adoption of zoning amendment inconsistent with city's compre- hensive land-use plan, prior to a subsequent conforming amendment 'of the land-use plan and contrary to recommendation of planning commission, did not provide grounds for invalidation of the zoning amendment under statute. M.S.A. §§ 462.- 357, 462.357, subds. 3, 4. 7. Zoning ~=~171 City council's legislative decision to re- zone 1.18 acre tract from single family and Iow-density residential use to high-density residential use to permit building of a six- story, 49-unit condominium apartment building on the land was not arbitrary and capricious and was not shown to be without reasonable relation to the promotion of the public health, safety, morals and general welfare, where thc property was located within three blocks of the central business district and was already adjoined on two sides by high-density residential anti institu- tional uses, though bounded on one side by single-family residences. 8. Zoning ~=39, 165 Generalized claim of neighboring prop- erty owners that their property may decline in value, absent some evidence of actual decline sufficient to prove a taking of prop- erty without compensation, does not form a basis for invalidating a zoning ordinance or amendment. 9. Zoning ~::,162 "Spot zoning" is a label applied to cer- tain zoning amendments invalidated as leg- islative acts unsupported by any rational basis relating to promoting public welfare, and applies to zoning changes, typically lim- ited to small plots of land, which establish a use clarification inconsistent with sur- rounding uses and create an island of non- conforming use within a larger zoned dis- trict and which dramatically reduce the va1- ue for uses specified in the zoning ordinance of either the rezoned plot or abutting prop- erty. See publication Words and Phrases for other judicial constructions and definitions. I0. Zoning ~=~675, 684 Burden of demonstrating that a partic- ular zoning amendment is spot zoning rests with the litigant attacking the ordinance, and the usual presumption of validity at- taching to zoning amendments as legislative acts applies. 11. Zoning ~::,171 Rezoning of single 1.18 acre tract of land from single family and low-density residential to high-density residential was not shown to be illegal spot zoning, where owners of neighboring single-family resi- dences proved no substantial diminution in their property value due to rezoning, prop- erty on two sides of the subject tract was already zoned high-density residential, and record showed sufficient justification for the rezoning as proper exercise of legisla- tive power for the public welfare. Syllabus by the Court 1. In adopting an ordinance rezoning a single 1.18-acre tract of land, the city council acted in a legislative capacity under its delegated police powers. Upon the rec- ord presented, it has not been established that the new classification is unsupported by any rational basis related to promoting public health, safety, morals, or general welfare, or that the classification amounts to a taking of property without compensa- tion. 2. A city council's adoption of a zon- ing amendment inconsistent with the city's comprehensive land-use plan prior to a sub- sequent conforming amendment of the land-use plan does not provide ground~ for invalidation of the zoning amendment un- der Minn. St. 462.357. 3. The rezoning of the subject tract does not constitute illegal "spot zoning." Dayton, Herman & Graham and Philip W. Getts, Minneapolis, for appellants. Gerald H. Swanson, City Atty., Roches- ter, for City of Rochester. Patterson & Restovich, Rochester, for Rodney Younge. pattie- rests lnance, ity at- islative tact of density iai was . where ly resi- ~tion in ~, prop- act was ial, and ion for legisla- 'ezoning the city .y under the rec- ablished ~ pported 'omoting general amounts ,mpensa- ,f a zon- ~he city's to a sub- of the ,unds for ~aent un- ect tract zoning." ad Philip , Roches- ~ster, for STATE, BY ROCHESTER ASS'N, ETC. v. CITY OF ROCHESTER Cite as 268 N.W.2d/~q5 Schacht & Kerr, Rochester, for North- western Nat. Bank of Minneapolis. Heard before ROGOSHESKE, PETER- SON and TODD, JJ., and considered and decided by the court en bane. ROGOSHESKE, Justice. The Rochester Association of Neighbor- hoods and individual plaintiffs apical from an order of the trial court denying declara- tory judgment and injunctive relief in their action challenging the validity of a zoning ordinance amendment enacted by the Roch- ester City Council which rezoned a 1.18-acre tract of land from single-family residential use (R-l) and low-density residential use (R-2) to high-density residential use (R-4) to permit the building of a 6-story, 49-unit, condominium apartment buihling on the land. Plaintiffs contcml (1) that this rezon- lng of a single tract was presumptively invalid as a "quasi-judicial act" by the coun- cil not supported with written findings of fact upon substantial evidence; (2) that even if it was a legislative act, the rezoning was arbitrary and capricious because it was inconsistent with the city's land-u~ plan and without reasonable relation to the health, safety, and welfare of the communi- ty; and (3) that the ordinance was invalid "spot zoning." We affirm the decision of the trial court and hold that the promulga- tion of the Rochester ordinance was a valid exercise of the municipality's delegated leg- islative power and, upon the record present- ed, was neither proven to be without rea- sortable relation to the public health, safety, and welfare, nor to be invalid as "spot zoning." The 1.18-acre tract rezoned is owned by the A. C. Gooding Trust and is situated three blocks away from the central business district in the city of Rochester. Before the rezoning challenged in this suit, the eastern two-thirds of the subject property was zoned R-2 and the western one-third was zoned R-I. The land is bounded on the west and southwest by an R-1 district of single-family houses known as the Edison Park Neighborhood. On thc south is an R-2 district of Iow-density, multiple-family Minn. 887 dwellings. Across thc street to the east is an R-4 district with a 24-unit apartment building. Across thc street to the north is an R-4 district with a 35-unit condominium. Diagonally across the street to the north- east is a vacant lot zoned "institutional" and owned by the Mayo Clinic. Visible from the rczoned tract are Mayo Clinic Complex buildings located one block north and one block east and another high-rise condominium two blocks away. Trustees of the A. C. Gooding Trust en- tered into a purchase agreement to convey the 1.18-acre tract to defendant Rodney Younge contingent upon the rezoning of the property to R-4 by September 1, 1977. On Decemt~r 23, 1976, the trustees and defendant Younge applied, to have the prop- erty rezoned to R-4. Younge submitted a "project description" proposing to develop a 60-unit, luxury condominium, later amend- ed to propose a 49-unit condominium build- ing, on the site. The application was re- ferred to the Rochester Planning and Zon- ing Commission, which held a public hear- ing on January 12, 1977. The Rochester Consolidated Planning Department recom- mended to the planning commission that the rezoning be tabled to permit a study to determine whether the city's land-use plan should be amended. The planning commis- sion recommended to the city council that the rezoning application be denied as iqeon- sistent with the city's land-use plan, which called for Iow-density residential use on the Gooding property. On February 7, 1977, the council rejected the planning commis- sion's recommendation and on March 7, 1977, passed an ordinance rezoning the sub- ject property to R-4. The council gave no written reasons or findings supporting the rezoning. Minutes of thc council meetings on February 7 and February 23, 1977, how- ever, show that the council members be- lieved the proposed condominium was need- ed to serve the city's expanded housing requirements. Council members stated that the Goeding property would be an ideal site since it was located within three blocks of the central business district and since high-density residential uses already 888 Minn. 268 NORTH WESTERN acro~ two streets from the pr(q~erly would be compatible wiLh the [~rol~osed condomini- um and made dev.elQpment of the subject property for any other use unlikely. On July 5, 1977, the council amended its land- use plan to conform to the rezoning. Plaintiffs, individual owners of residences abutting the subject property and their in- corporated Association of Neighborhoods, appeared at the January 12, 1977, public hearing and were heard in protest at a February 23, 1977, m6eting of the council. On April 8, 1977, plaintiffs filed this suit challenging the validity of the March 7, 1977, rezoning ordinance and sceking de- claratory judgment and injunction. The trial court denied the requested relief. [1] 1. On appeal, plaintiffs argue that the council's action in rezoning a single 1.18-acre tract should be subject to close judicial scrutiny as an administrative or quasi-judicial act. This standard of review would place upon the municipality the bur- den of supporting the ordinance as a valid exercise of thc police power by fim!ings of fact based upon substantial evidence. Ab- sent such findings, the ordinance would be presumed invalid. Plaintiffs rely upon Fa- sano v. Board of County Commrs. of Wash- ington County, 264 Or. 574, 507 P.2d 23 (1973), and Fleming v. City of Tacoma, 81 Wash.2d 292, 502 P.2d 327 (1972), in which the Oregon and Washington courts charac- terized the rezoning of a single tract of land as a quasi-judicial act affecting the rights of a few individuals moro than the public generally. Those courts placed the burden of justifying the zoning change as reasona- ble upon the proponents, including the adopting city council. We decline to follow the rule applied in thom jurisdictions, for we have consistently held that "when a municipality adopts or amend~ a zoning ordinance, it acts in a legislative capacity under ils delegated po- lice powers." Beck v. City of St. Paul, 304 Minn. 438, 448, 231 N.W.2d 919, 925 (1975). See, also, Sun Oil Co. v. Village of New Hope, 300 Minn. 326, 333, 220 N.W.2d 256, 261 ('1974); Alexander v. City of Minneapo- lis, 267 Minn. 155, 125 N.W.2d 58't (1963). REPORTER, 2d SERIES As a legislative act, a zoning or rezoning classification must be upheld unless oppo- nents prove that the classification is unsup- ported by any rational basis related Lo pro- moting the public health, safety, morals, or general welfare, or that the classification amounts to a taking without compensation. This rule applies regardless of the size of the tract of land involved. See, e. g., Sun Oil Co. v. Village o£ New Hope, supra (1 acre); Beck v. City of St. Paul, supra (33V~ acres). Our narrow scope of review reflects a policy decision that a legislative body can best determine which zoning classifications best serve the public welfare. In Beck v. City of St. Paul, 304 Minn. 438, 448, 231 N.W.2d 919, 925, and Sun Oil Co. v. Village of New Hope, 300 Minn. 326, 334, 220 N.W.2d 256, 261, we said: "Even where the reasonableness of a zoning ordinance is debatable, or where there are conflicting opinions as to the desirability of the restrictions it impeses * * *, it is not the function of the courts to interfere with the legislative discretion on such issues." [2] Plaintiffs note that we have not ac- corded the same presumption of validity to city council action denying special-use per- mits as we have to adoption or amendment of zoning ordinances. In Zylka v. City o£ Crystal, 283 Minn. 192, 167 N.W.2d 45 (1969), we adopted the rule that where a special use which conforms with the zoning ordinance is requested, a city council's deni- al of a special-use permit to a single land- owner is proved prima facie arbitrary and unreasonable if it is shown that the council failed to support its action by written find- ings of substantial evidence showing the use impermissible under the permit stan- dards of the ordinance. See, also, Holasek v. Village o£ Medina, 303 Minn. 240, 226 N.W.2d 900 (1975); Metro 500, Inc. v. City o£ Brooklyn Park, 297 Minn. 294, 211 N.W.2d 358 (1973); Inland Construction Co. v. City o£ Bloomington, 292 Minn. 874, 195 N.W.2d 558 (1972). Plaintiffs ask that zon- ing amendments be reviewed under a like standard and suggest that the only distinc- tion between special-use permits and the 'zomng oppo- unsup- Lo pro- raJ$, or }cation sation. ~ize of '.'., Sun :, (33% cf leers Iv can 'ations ,.'ok v. ~, ~1 "illage ~, 220 of a ,vhere the q)OSCS the }afire ~t ac- ~ty to per- mcnt l:y of d 45 :re a ming deni- land- and uncil find- the ;tan- 'asek 226 211 Co. 195 ~;on- t!ike Lhc STATE, iIY ROCIIESTER ASS'N, ETC. v. CITY OF ROCIIESTER (:lie as 26~ N.W.2d 8~,15 rezoning in this case is thc label "rczoning" chosen by thc council to describe its action. We do not agree. While an amora{merit of the zoning ordinance can permit particular property to be used in a manner formerly forbidden by the ordinance, "a special use provision permits property, within the dis- cretion of the governing body, to be used in a manner expressly authorized by the ordi- nance.'' Zylka v. City of Crystal, 2~3 Minnl 192, 195, 167 N.W.2d 45, 49. In passing a zoning or rezoning ordinance, a city council is required to make a legislative judgment that a certain zoning classification will pro- mote the "public health, safety, morals and general welfare." Minn. St. 462.357, subd. 1. In granting or denying a special-use permit, a city council is not altering the legislative judgment as to the zoning classi- fication. Rather, it has the function, adju- dicative in nature, of applying specific use standards set by the zoning ordinance to a particular individual use and must be held strictly to those standards. [3,4} Thc proposed high-~lensity usc of thc subject land was not in conformity with existing zoning classifications and therefore could not have been accgmplishcd through a special-use permit.' Thc use could be per- mitred only through amendment of the zon- ing ordinance. This was not a case where thc council was enabled to obtain a lesser standard of judicial scrutiny than would otherwise be applied simply by choosing to label its action "rezoning." An amendment of the zoning ordinance was required and one was passed. No other label could have applied to the council's action. The court- cil's amendment of the ordinance, under our previous holdings, involved a legislative judgment and as such must be reviewed under the narrow scope of judicial review stated. 2. Assuming, as we hold, that thc rezon- lng was a legislative act, plaintiffs ask us to invalidate the ordinance as arbitrary and capricious and without reasonable relation i. The proposed nonconforming use also could not have been permitted through a variance. Under Minn. SI. 462,357. subd. 6, a variance may not be granted to permit any use that is Minn. 889 Lo promoting put,lic health, safety, morals, and general welfare. They emphasize that the ordinance, when adopted against the planning commission's recommendation, was inconsistent with Rochester's land-use plan, which was thereafter amended to eon- form ko the zoning change. Plaintiffs ask that the rezoning be invalidated on this basis. Other states have required that a city's zoning ordinances conform exactly to its land-use {)lan when adopted or have held that the presuml)tion of validity accompa- nying a legislative act is lifted when a rezoning ordinance is adopted despite city planners' recommendations that it will not be consistent with the comprehensive land- use plan at the time. See, Baker v. City o£ Milwaukie, 271 Or. 500, 533 P.2d 772 (1975); Udell v. Haas, 21 N.Y.Yal 463, 288 N.Y.S.2d 888, 235 NE.2xt 897 (196S;); I Anderson, American Law of Zoning (2 ed.) § 3.15. We find no such req,irement nor any such shifting presuml)tion in our law. [5,6] Minn. St. 462.351 to 462.364, Min- nesota's municipal planning act, provides for the adoption of a comprehensive land- use plan to guide future developments in a municipality, and § 462.857 grants the mu- nicipality power to effectuate its land-use plan through zoning. Section 462.857, subd. 2, provides: "At any time after the adoption of a land use plan for the municipality, the planning agency, for the purpose of carrying out the policies and goals of the land use plan, may prepare a-proposed zoning ordinance and submit it to the governing body with its recommendations for adoption. Subject to the require- ments of subdivisions 3, 4 and 5, the governing body may adopt and amend a zoning ordinance by a two-thirds vote of all its members." Plaintiffs interpret this provision as requir- ing that the city's land-use plan be amended before a zoning ordinance is amended. We not permitted under the zoning ordinance. Variances are available only with respect to other requirements of the ordinance, such as setback requirements and similar provisions. 890 Minn. 26a NORTI! WESTERN REPORTER, 2d SERIES read the statute to require only that a land-use plan be adopt, ed. before the initial zoning ordinance is adopted. The statute in fact does not require even that thc ?~ning ordinance conform exactly to the city's land-use plan. While it may seem desirable as a matter of municipal planning to amend the land-use plan before adopting an incon- sistent zoning ordinance, such a require- ment is properly a matter for the legisla- ture, not for this court, to consider. This court has frequently noted consistency be- tween a city's land-use plan or planning commission's recommendation and the zon- ing ordinance as a factor supporting the reasonableness of the city's legislative judg- ment in passing the zoning ordinance. See, e. g., Olsen v. City o£ Hopkins, 276 Minn. 163, 149 N.W.2d 394 (1967); Beck v. City o£ St. Paul, 304 Minn. 438, 231 N.W.2d 919; Sun Oil Co. v. Village o£ New Hope, 300 Minn. 326, 220 N.W.2d 256. But we have never held, nor could we hold under the language of § 462.357, that a procedure such as Rochester's of amending the land- use plan after amending the zoning classifi- cation could conclusively invalidate the zon- ing ordinance. The city strictly followed the procedures of § 462.357, sums. 3 and 4, requiring that a proposed amendment to the zoning ordinance first be submitted to the planning agency for a recommendation and that a public hearing be held. There is nothing in § 462.357 Which makes the rec- ommendation of the planning commission binding upon the city council or governing body. Plaintiffs appeared and were heard at a public hearing on January 12, 1977, before adoption of the ordinance, and their attorney was heard in protest proceedings before the February 23, 1977, council meet- ing aftra, the council had rejected the plan- ning commission's recommendations on February 7, 1977. [7] Upon the record presented, we hold that the council's legislative decision to re- zone the 1.18-aere Goeding property to R-4 high-density was not arbitrary and capri- cious and was not shown to be without reasonable relation to promotion of the pub- lie health, safety, morals, and general wel- fare. There was evidence of the need for more high-density housing in the city of Rochester. Locating the proposed condo- minium on the subject property complied with the standards for location of R4 uses set by the Rochester Code of Ordinances, § 66.206, which provides: "R4 HIGH DENSITY DISTRICT: This district is intended to create, pre- serve, and enhance areas for multi-family use at high densities for beth permanent and transient families. It is typically ap- propriate only in areas of good accessibili- ty to thoroughfares, to public transporta- tion, public community centers, libraries, and major shopping centers and shall be limited to the general area of the central business district." The evidence established that thc Gooding land is within two blocks of two primary thoroughfares; is within two blocks of city bus lines; is near public community centers, a child care center, and a city library; and is within three blocks of the central busi- ness district and major shopping area. There was a rational basis for concluding that a six-story condominium would be compatible with existing uses in the neigh- berhood of the subject property. The prop- erty was already surrounded on two sides by high-density R-4 and institutional uses and on one side by R-2 duplexes and smaller apartment buildings; it was bounded only to the west and southwest by plaintiffs' single-family residences. Already aeresa two streets from the property were PA-unit and 35-unit high-rises, and another high- rise and Mayo Clinic buildings were within two blocks and visible from the pro~rty. Within these surroundings, it was reasona- ble for council members to conclude that development of this property for further Iow-density or single-family use would have been economically unlikely. Further, there was evidence, and the trial court found, that R-4 zoning of the Gooding land would increase tax revenues for the city; would create no traffic problem for the area; and (as stipulated by the parties) could be ac- commodated by presently adequate tim, po- lice, sewer, water, and electrical services. Based upon ali of these facts and circum- star was as [ sin~ COrl{ traf inte bori also the cod,: USC valt. ly u rea.~ deb, vie~ cOUl tire par' tha' abs, suf! wit for am~ [: to "S[)~ app vali an3, lie Zor zon plo' eat. ant wit dra ifie z. vi d~ a~ 3. 4. of lo- cd CS, 'T: lily tnt ~ili- 'ta- ies, be ing ary :ity ~ nd -ca. ing be gh- ,des ISCS ~ frs' ~'OSS ~anit igh- chin ,rty. tlher ~ave icrc il'id, ould ,~uld and iCeS. STATE. BY ROCHESTER ASS'N, ETC. v. CITY OF ROCltESTER Cite as 268 N.W.2d 885 stances, we cannot find that thc rczoning was without rational basis. [8] Plaintiffs point to other factors such as the apparent stability of thc Edison Park single-family neighborhood; the expressed concerns of neighbors that increasod noise, traffic, people, and less open space would interfere with the character of that neigh- borhood; the fact that the Gooding land is also suited for lesser~Jensity R-2 use under the definitions of the Rochester zoning code; a and the possibility that high-density use of the Gooding land would decrease values of adjacent property for single-fami- ly use. All of these factors may make the reasonableness of thc zoning change fairly debatable, but under our standard of re- view, that is not enough to justify the court's interfering with the council's legisla- tive judgment in passing the ordinance. In particular, plaintiffs' generalized claims that their property may decline in value, absent some evidence of an actual decline sufficient to preve a taking of property without compensation, do not form a basis for invalidating a zoning ordinance or amendment,a [9] 3. Finally, plaintiffs urge the court to invalidate the rezoning ordinance as "spot zoning." "Spot zoning" is a label applied to certain zoning amendments in- validated as legislative acts unsupported by any rational basis related to premoting pub- lic welfare. 1 Anderson, American Law of Zoning (2 ed.) § 5.08. The term applies to zoning changes, typically limited to small plots of land, which establish a use classifi- cation inconsistent with surrounding uses and create an island of nonconforming use within a larger zoned district, and which dramatically reduce the value for uses spec- ified in the zoning ordinance of either the 2. Rochester Code of Ordinances. § 66.204, pro- vides: "R-2 LOW DENSITY DISTRICT: This district is intended 1) to create Iow density areas of mixed residential use and 2) to pre- serve and enhance residential areas undergoing conversion of single-family dwellings to multi- family uses." (Italics supplied.) 3. in Beck v. City of St. Paul, 304 Minn. 438, 449. 231 N.W.2d 919. 925 (1975), this court said: "* * * The simple fact that certain Min.. 891 rezoned plot or abutting property. See, Alexamter w. City of Minneapolis, 267 Minn; 155, 12~5 N.W.2d 58,3 (1963); Magnin v. Zon- ing Comm. of Town o£ Madison, 145 Conn. 26, 138 A.2d 522 (1958); Langer v. Planning & Zoning Comm., 163 Conn. 453, 313 A.2d 44 (1972); Hein v. Daly City, 165 Cal. App.2d 401, 832 P.?A 120 (1958); Hermann v. City o£ Des Moines, 250 Iowa 1281, 97 N.W.2d 893 (1959). See, generally, Annota- tion, 51 A.L.R.2d 263; 1 Anderson, Ameri- can Law of Zoning (2 ed.) §§ 5.09, 5.12, 5.17; 1 Rathkopf, The Law of Zoning and Plan- ning, e. 26. In Hermann v. City o£ Des Moines, supra, principally relied upon by plaintiffs, the city of Des Moines rezoned a single city lot located in the middle of an R-2 district to R-3. After rezoning, the spot-zoned lot was surrounded by lots of different classifica- tion. In Alexander v. City o£ Minneapolis, supra, we characterized spot-zoning amend- merits as those which "result in total de- struction or substantial diminution of value of property affected thereby." 267 Minn. 155, 160, 125 N.W.2d 588, 586. [10] The burden of demonstrating that a particular zoning amendment is spot zon- ing rests with the litigant attacking the ordinance, and the usual presumption of validity attaching to zoning amendments as legislative acts applies. See, Raffia v. Zon- ing Board o£ Appeals o£ Town o£ En£ield, 151 Conn. 484, 199 A.2d 333 (1964); Crall v. Leominster, 362 Mass. 95, 284 N.E.2d 610 (1972); 1 Anderson, American Law of Zon- ing (2 ed.) § 5.08, p. 290. [11] Here, plaintiffs have proved no substantial diminution in their property val- ue due to the rezoning, nor have they shown that the rezoning would create an property values may decline is not of itself a sufficient reason to invalidate a proposed re- zoning. Values are not, in and of themselves, the test of validity of a zoning regulation. They are factors for a city council to take into consideration in arriving at /ts conclusions on the total merits in the interest of the communi- ty. The general welfare of the public is para- mount in importance to the pecuniary stake of the individual." 892 Minn. 268 NORTH WESTERN island of nonconforming use as the court found in Hermann. The property to the east and north of the subject tract was already zoned high-density residential. The record presented shows sufficient justifica- tion for this rczoning as a proper exercise of legislative power for the public welfare, and we find no basis fqr invalidation of the ordinance under the "spot zoning" label. Affirmed. KELLY, Justice (dissenting). I respectfully dissent. I would have this court in this casc adopt thc standard of review placing upon the municipality the burden of supporting the ordinance as a valid exercise of the police power by find- ings of fact based upon substantial evi- dence. I am persuaded by the rationale of Fasano v. Board of County Commrs. o£ Washington County, 264 Or. 574, 507 P.2d 23 (1973), and Fleming v. City of 7~coma, 81 Wash.2d 292, 502 P.2d 327 (1972), cited in the majority opinion. I would overrule our cases to the contrary. Furthermore, I think it is illogical to re- quire municipalities to live up to a stricter standard of review in granting or denying a special-use permit than in rezoning a parcel of land. I am not persuaded that charac- terizing 0n~ as legislative and the other as adjudicative in nature is an acceptable an- swer. Those landowners who buy or im- prove their lands in reliance on zoning un- doubtedly place greater reliance on the zon- ing of lots as residential than they would on the prospects of getting a special-use per- mit. Thus the standard of review should be a higher one for rezoning or at least the same as for securing a special-use permit. OTIS, J., took no part in the considera- tion or decision of this case. REPORTER, 2d SERIES Vernon E. BIGHAM, Respondent, Vo J. C. PENNEY COMPANY, defendant and third party plaintiff, Appellant, V. NORTHERN STATES POWER COMPA. NY, third party defendant, Appellant. Nos. 47526, 47527. Supreme Court of Minnesota. May 26, 1978. Rehearing Denied June 29, 1978. Electric company lineman brought ac- tion against clothes seller to recover for burns allegedly aggravated by "melt and cling" effect of clothes purchased from sell- er. The District Court, Blue Earth County, Milton Mason, J., entered judgment award- lng lineman $25,000 for medical and hospi- tal damages and $310,000 general damages, and ordered electric company to contribute to payment of damages, and appeal was taken. The Supreme Court, Scott, J., held that: (1) action of trial court in dcnying instruction on assumption of the risk, in light of facts that clothes purchased from seller and worn by lineman at time of inju- ry bore no warning tags with respect to flammability, was correct; (2) permitting cross-examination of plaintiff's fellow line- man by electric company, if error, was harmless; (3) refusal of trial court to re- duce general damages award of $310,000 was not abuse of discretion, and (4) in light of finding that lineman assumed risk of injury resulting from electric arc flashover, question of electric company's negligence should not have been submitted to jury at all, and electric company should have been granted directed verdict. Affirmed in part, reversed in part, and remanded with instructions. 1. Negligence .~=~ 105 Element of assumption of the risk is that plaintiff must have known of danger 3NS ~ NE right, t 187 tdoor polls, 2 Ind g this 7 A2d clude ~0 Fla :', 145 ~cean d 364. ~ty of ~lW2d Point O, 528 water- z fair police Curti~ ~6 NJ o re~i- d con- ionally lilding ting of hie for jity of' zoNING §25.83 Delafield, 117 Wis 2d 2'3, 343 NW2d 816 (Ct App). ~gFlorida. Miami Beach v. Ocean & Inland Co., 147 Fla 480, 3 So 2d 364. ~0United States. Dennis v. Vii- lage of Tonka Bay, 156 F2d 672, affg 64 F Supp 214. 2~Ohio. Steudel v. Troberg, 76 Ohio App 136, 63 NE2d 241. §25.83. --"Island,' "spot," and haphazard zoning. Although not denounced by any hard and fast rule) zoning in a haphazard manner is-not favored and, on the contrary, zoning should proceed in accordance with a definite and reasonable pol- icy.2 Thus, a zoning ordinance or an amendment of a zoning ordinance to permit piecemeal or haphazard zoning is void,a and so-called "spot zoning,"4 where it is without a reasonable basis, is invalid,s The legislative intention in authorizing comprehensive zoning is reasonable uniformity within districts having in fact the same general characteristics and not the marking off, for peculiar uses or restrictions of small districts essentially similar to the gen- eral area in which they are situated.$ Accordingly, an ordinance cannot create an "island" of more or less restricted use within a district zoned for a different use or uses, where there are no differ- entiating relevant factors between the "island" and the district.? The following factors have been considered in determining whether a zoning classification is spot zonin~ (a) the use is very different from the prevailing use in the area; (b) the area involved is small; and (c) the classification is not for the benefit of the community but only to provide a specific advantage to a particular landowner.8 Ordinarily, the term "spot zoning" is used to denote an amendment to the municipal zoning law reclassifying one or more lots or parcels of land for a use out of harmony with the compre- hensive plan or the classification of the surrounding areas, granting a discriminatory benefit to the parcel owner, and without regard to. public welfare.g Spot zoning, by singling out a small area within a large area and specially zoning it for a use different and inconsis- tent with the surrounding areas, is not in accord with the compre- hensive plan.lO In fact, spot zoning has been defined as the "antithesis of planned zoning." ll While the term "spot zoning" may not necessarily be confined to small are~ or lots, the cases in which the courts have struck down rezoning ordinances as spot zoning have involved single lots or small areas? Thus, singling out of one lot or a small area for different treatment from that accorded to similar surrounding land 307 §25.83 MUNICIPAL CORPORATIONS indistinguishable from it in character, for the economic benefit of the owner of that lot or to his economic detriment, is invalid "spot" zoning,ia Where the spot zone grants a discriminatory benefit to one or a group of owners to the detriment of their neighbors or the community at large without adequate public advantage or justifica- tion the rezoning will be overturned? It should be noted that when the issue of illegal spot zoning is raised, an important inquiry is whether the zoning action bears a substantial relationship to the general welfare of the affected community,is Thus, selecting one lot or small parcel within a district and imposing on it restrictions that are greater or less than restrictions upon remaining portions of What is really the same zoning district is void? Some courts, however, have emphasized the number of separate landowners to be benefited by the zoning change, rather than the actual size of the area benefited.~? The true issue, then, is one of preferential treatment for one or two persons as against the general public, regardless of the size of the tract involved? Where the use of adjacent property renders certain land entirely unsuited to or unusable for the only purpose permitted by an ordinance, or where a small parcel is restricted and given fewer rights than the surrounding property, as where a lot in the center of a commercial district is limited to use for residential purposes, thereby creating an "island" in the middle of a larger area devoted to other uses, the zoning of such land is unreasonable and void? There is authority which provides that the state constitution does not empower a city to dedicate property which is located in a business district to residential uses? Certainly, "spot" or "island" zoning is void where it is unrea- sonable,2~ arbitrary? discriminatory,2a or without substantial relation to the public safety, health, morals, welfare or other object within the police power? or where it is in violation of the scheme and terms of the zoning statute or ordinance? In sum, the factors to be considered in determining whether rezoning of property is illegal spot zoning include the physical aspect and character of the land, the effect on the public health, safety, morals, and general welfare of the community, and the rela- tionship of the rezoning to the applicable comprehensive plan? However, a special exceptionz7 granted in conformity with the express terms of zoning regulations is not illegal as spot zoning? The following have been ruled to constitute unreasonable and void "spot" or "island" zoning:zs zoning changes which are ZONIN~ designe regulat: reclassi residen ;~ of an is cation district and ad~ icehous residen or a 8~ prope~ '~ mercial great f( small r, isolatec half a r block;a~ an ind,: tial "A industr land lo~ comme ,~ T~ the pro until e: plan, z, If plan, s garded zoned, in cha somew zoning ~" ;g~ who c, advets( particu P~y e ~Se SW2d 7 3O8 zONING § 25.83 i of f ! ~at ~nd :i ',t 'ict e' of d ~er t the ~e'ver :e' of O- ,'c ted ~ Des n! in :iai ,bect h~ me et vscal , nia- lar,~0 h :he 2 ~ lid designed to relieve a property owner from the burden of general regulation and which do not further a comprehensive plan;~° reclassification of a small tract within a notably larger single family residential zone to permit multiple family living units;z~ creation of an isolated commercial zone consisting of a single lot;z2 classifi- cation or reclassification of a lot in the midst of a residential district to permit an undertaking establishment or an alteration and addition to an undertaking establishment~ or to allow an icehouse~ or an industrial use? or other business use in a residential district;~ restriction to residential purposes of one lot or a small parcel within a business district;z? classification of property as residential where the property is surrounded by com- mercia] properties and the value of the property is many times as great for commercial as for residential uses;~ establishment of a small residential district between business sections;zs adding of an isolated lot surrounded by a residential zone to a business district half a mile away;~° an ordinance creating a residential district of a block?~ zoning as "A" residential a small tract within the midst of an industrial neighborhood and not within a mile of other residen- tia] "A" property?2 increasing restrictions on a small tract in an industrial district;az and zoning as residential a triangular tract of land located in a well-established industrial neighborhood~ or in a commercial district? The fact that a building permit is issued in contravention of the provisions of a comprehensive plan is not "spot" zoning since, until enactment of regulatory zoning measures pursuant to the plan, zoning has not yet occurred? If a change of zone is in accordance with a comprehensive plan, a complaint of illegal spot zoning ordinarily will be disre- garded.° Thus, if a zoning ordinance covering a town or other zoned area is in general in accordance with statute and reasonable in character, it is not to be overthrown in its entirety because somewhere within it can be discovered an instance or two of "spot" zoning, which might perhaps be successfully attacked by a person who could show that his or her particular interests had been adversely affected by it.# The burden of demonstrating that a particular zoning amendment is illegal "spot zoning" rests with the party attac]eAng the ordinance.# ~See § 25.84. lKentucky. Fritts v. Ashland, 348 SW2d 712 (Ky). New York. Utica v. Hanna, 202 AD 610, 195 NYS 225; Nappi v. L~ Guardia, 184 Misc 775, 55 NYS2d 80. 309 iAVOOJ. Mq.LSIO~t~ 'noX Joj eJ,e sdoqsNJoM eseq.L N a^~ uol~X [0~ PleUOGOW /-Cl.C 'ON l!u. ued NPi 'lned '~,S alVd ~gViSOd 's'n llYPl SSV~O iSal-~ LO [cjcj eioseuu!lAI 'lned lu!es LO~ el!ns ~ leeJ1S mPeO 08~ eol~ueS 6u!u!eJ.L luemuJe^O~) LAND USE PLANNING WORKSHOPS FOR PLANNING COMMISSIONERS AND ELECTED OFFICIALS FEBRUARY --- APRIL 1995 INCLUDES: · ANNUAL PLANNING INSTITUTES · BEYOND THE BASICS Sponsored by: ~ GOVERNMENT TRAINING SERVICE GENERAL INFORMATION We are pleased to once again offer workshops designed especially for citizen planners. Participants will enhance their knowledge of various areas of planning and, as a result, become better equipped to make recommen- dations and decisions about the communities in which they live. Program Features Include: · An accomplished faculty with extensive backgrounds in both planning and instruction · Presentations focusing on current issues and timely information · Handy reference materials designed to make your job easier If you would like to make your contribution to solving land use problems as informed and effective as possible... REGISTER TODAY! THESE PROGRAMS ARE FOR YOU. WHO SHOULD ATTEND? Members of planning commissions, boards of adjustment/appeals and governing bodies in Minnesota cities, counties and townships. Also valuable for members of other advisory com- missions, housing and redevelopment authori- ties, staff (especially those without degrees in planning), real estate professionals, and others working in areas related to specialized work- shop topics. REAL ESTATE CREDITS Participants of "Annual Planning Institutes" and "Beyond the Basics" can earn Continuing Real Estate Education Credits. REGISTRATION/CANCELLATION Register at least 7 days prior to the workshop date using the forms in this brochure. Fill out one form for each workshop; duplicate forms if needed. Fees will be refunded less a $15 service fee if the registration is cancelled 3 working days before the program. Substitutions for registered participants may be made at any time. Should inclement weather (or other circumstances beyond our control) necessitate program cancellation or postpone- ment, registrants will be notified via announce- ments on WCCO radio and other local radio sta- tions. FEES Registration fees for all workshops include a meal, refreshment breaks and handout materi- als. See inside for details about group dis- counts for three or more participants attending "Annual Planning !nstitute." IMPORTANT: To qualify for the group discount, registrations must be mailed in the same enve- lope! CO-SPONSORS · Association of Metropolitan Municipalities · Association of Minnesota Counties · Humphrey Institute of Public Affairs · League of Minnesota Cities · Minnesota Association of Townships · Minnesota Chapter, American Planning Association · Minnesota Planning Association · Minnesota Planning FURTHER INFORMATION Contact Sharon Washick (Registration) or Vivian Hart (Program) at Government Training Service, (612) 222-7409 or Minnesota Toll Free (800) 652-9719. About Government Training Se~ (G-rS): ·  Recipient of Organizational' 'Support for Excellence in Training Award (American Societ~ for Training and Development~,, i :~ GTS is a public organization whose..mission, is'to. provide innovative, com~ practiCat train- ing and consull~g to addres,s the changing..mam ' agement and leadership needs of policymakers; staff and'appointed officis~ i~ publicly funded orga- nizations in Minnesota through educational ser- vices designed to-enhance indi-~..com43etency and through organizationM-services ~designed to strengthen group effectivenes& Printed on recycled paper. ANNUAL PLANNING INSTITUTE: THE BASICS Thursday, February 23 or Saturday, April 1, 1995 9:00 a.m. - 4:30 p.m. For those new to land use planning and zoning or interested in a review of fundamentals INTRODUCTION TO PLANNING · Why plan? · Players in the planning process · Understanding the planning process · Elements of a comprehensive plan BASIC PLANNING TOOLS -- PART I: ZONING, VARIANCES, CONDITIONAL USE PERMITS Definitions, Rationale, Uses, Myths/Misconceptions, How to's, Non-conforming Uses. ZONING CASE STUDIES: HYPOTHETICAL PROBLEM SOLVING Participants are placed into small groups in which they work on rural or urban zoning issues. YOUR LEGAL LIMITS: YOUR ROLE AS A DECISION MAKER · The changing environment in land use · Legal limits · Procedures to keep from being sued · When something goes wrong, who's liable? · Conflict of interest · How your attorney can help · Video presentation: 'Rudehaven" HOT ISSUES -- PART I: ANSWERS TO YOUR QUESTIONS (Faculty Panel) BASIC PLANNING TOOLS -- PART I1: SUBDIVISION REGULATION Definition, Rationale, Uses,-Content, Procedures, Design Standards, Financial Guaranties, Special Provisions. EVALUATION OF A SUBDIVISION PROPOSAL: A SIMULATION Participants work in small groups to evaluate a develop- er's subdivision plan using standard planning tools -- the comprehensive plan, ordinances, and maps. HOT ISSUES -- PART I1: ANSWERS TO YOUR QUESTIONS (Faculty Panel) lAN TRAQUAIR BALL, Planner and Attorney, Rasmussen & Ball WILLIAM GRIFFITH, Attorney, Larkin, Hoffman, Daly & Lindgren ROBERT LOCKYEAR, Director of Planning and Public Affairs, Washington County LOCATIONS Thursday, February 23, 1995 North Hennepin Community College Room 132 7411 85th Ave. North Brooklyn Park, MN 55445 (612) 424-0880 FEE Saturday, Apdl 1, 1995 Earle Brown Center U of M St. Paul Campus 1890 Buford Ave. St. Paul, MN 55108 (612) 624-3275 $80 per person or $70 per person for 3 or more people from same jurisdiction. This course has been approved for six hours of Continuing Real Estate Education Credit. BEYOND THE BASICS Thursday, April 6 or Saturday, April 29, 1995 9:00 a.m. - 4:30 p.m. Learn about preparing and using planning tools to deal with a wide variety of development problems, plus an in-depth review of the planning process -- from proper legal notice to development of sophisti- cated findings of fact. PLANNING FOR DEVELOPMENT (Of Any Size) · Some definitions and background · How tools relate to each other · Subdivision exactions and dedications · Role of comprehensive plan; standards · Public and private sector perspectives · Implementation strategies · Legal issues · Pitfalls/words to the wise · Adoption requirements BASIC LEGAL CONSIDERATIONS · Open Meeting Law · Conflict of interest · Making findings of fact that support your land-use decisions RECENT CASELAW UPDATE "WHAT'S HOT, WHAT'S NOT" · Summary of recent land use cases · Any proposed new legislation SURVIVAL SKILLS: COPING WITH THE REALITIES OF THE PLANNING PROCESS · How to (and how not to) conduct public hearings · Legal guidelines · Practical tips from a local elected official ALTERNATIVE URBAN AREA-WIDE REVIEW QUESTIONS AND DISCUSSION OF SPECIFIC SITUATIONS (Faculty Panel) BRUCE MALKERSON, Attorney, Popham, Haik, Schobrich and Kaufman JOHN SHARDLOW, President, Dahlgren, Shardlow and Uban, Inc.; planning consultant ELECTED OFFICIAL from a local community LOCATIONS Thursday, April 6, 1995 North Hennepin Community College Room 132 7411 85th Ave. North Brooklyn Park, MN 55445 (612) 424-0880 Saturday, Apd129, 1995 So. Central Tech College Conference Ctr., Room A 1920 Lee Boulevard North Mankato, MN 56001 (507) 625-3441 FEE $90 per person. This course has been approved for 6.5 hours of continuing Real Estate Education Credit. HAVE WORKSHOP -- WILL TRAVEL! Government Training Service can customize the workshops in this brochure and other planning topics, especially for your community! You choose the topics, date, location, and supply the participants. We'll provide the faculty and materials. Some possible in-house planning workshop topics include, but are not limited to: · Updating Your Comprehensive Plan · Planned Unit Development · Environmental Issues · Housing & Economic Development Tools · The Art of the Deal · Visionary Leadership · Hanging Tough in Tough Times More and more cities and counties are taking advange of this convenient, cost-effective way to make such educational opportunities available to those involved in local planning. OTHER BENEFITS: · The content can focus on your current issues. · The program can be presented for a diverse group -- advisory commission members, elected officials, staff, interested citizens. · Costs can be shared by two or more jurisdictions. Call Vivian Hart (612) 222-7409 to explore the possi- bilities. CONSIDERING A GOAL-SETTING OR TEAM BUILDING SESSION' FOR YOUR GOVERNING BODY OR AN ADVISORY COMMISSION? GTS can provide trained facilitators who have extensive experience working with local governments like yours! We can also facilitate a process designed to gather citizen input, to .guide problem solving, to help re-allocate scarce resources and make budget decisions, or to help strengthen existing teams. Using professional, objective assis- tance can be even more beneficial when you are faced with these times of reduced resources and tough decisions. mi imm m m m mm mm mmm m mm mm mi m m mm mi mi im mmm