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050394 Planning2. 3. 4. 4.1 AGENDA PLANNING COMMISSION MEETING OF MAY 3, 1994 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. CALL TO ORDER ROLL CALL CONSENT PUBLIC HEARINGS Case 94-09 Request for Conditional Use Permit for Outdoor Storage, Tarnan & Palanisami Partnership, 5651 International Parkway, Petitioner -- To Be Tabled *4.2 Case 94-11 Request for Rear Yard Setback Variance, Site/Building Plan Review/Approval, and Conditional Use Permit to Allow Construction of a Convenience Store with Gasoline, Ashland Oil, Inc. (Super America), 6144 West Broadway, Petitioner *4.3 Case 94-12 Request for Variance to Allow Air Conditioning Unit in Side Yard, Donald L. Ruch an Harold E. Teigen, 3352 Boone Circle, Petitioner 4.4 Case 94-13 Request for Code Text Amendment to PUD Area Requirement/Ordinance 94-06, An Ordinance Amending the New Hope Zoning Code by Establishing a Residential/ Office PUD Zoning District and Eliminating the Area Requirement for Mixed Use PUD Districts 5.1 5.2 7.1 7.2 7.3 COMMITTEE REPORTS Report of Design and Review Committee Report of Codes and Standards Committee OLD BUSINESS Miscellaneous Issues NEW BUSINESS Approval of Planning Commission Minutes of April 5, 1994 Review of City Council Minutes of March 28, March 31, Worksession of April 18, 1994. Review of EDA Minutes of February 25, and April 11, 1994. April 11, and 8. ANNOUNCEMENTS 9. ADJOURNMENT * Petitioners are requested to be in attendance CITY OF NEW HOPE PLANNING CASE REPORT  lanning Case: Request: 94 -09 Request for Conditional Use Permit for Outdoor Storage Location: PID No.: 5651 International Parkway 06-118-hl 32 0007 Zoning: I-1 (Limited Industrial) Petitioner: Tarnan & Palanisami Partnership Report Date: April 25, 1994 Meeting Date: May 3, 1994 BACKGROUND The petitioner is requesting a conditional use permit to allow outdoor storage, pursuant to Sections 4.144(1) and 4.21 of the New Hope City Code. The property is located in an I-1 Zoning District at the southeast intersection of Highway 169 and Bass Lake Road. The petitioner is requesting a conditional use permit to allow storage in semi-truck trailers to be parked on the property. o Accessory storage is allowed in the I-1 Zone by conditional use permit if certain conditions are met. The Design & Review Committee met with the petitioner on April 14th and a number of issues were discussed such as berming, fencing, landscaping and a possible building addition to accommodate the storage instead of an outside trailer. One of the main issues was the proximity of the storage to Highway #169 and the lack of screening. There was also discussion regarding other outside storage in semi- trailers, taking place on other nearby industrial properties without a conditional use permit and staff is investigating the situation. Due to the number of issues involved, the Design & Review Committee recommended to the petitioner that this case be tabled for one month so that staff can study the code requirements/problems on adjoining properties and so the petitioner can come back with a better site plan. The petitioner agreed to postpone the request. RECOMMENDATION Staff recommends tabling the request for a conditional use permit to allow outdoor storage for one month. Attachments: Zoning, Topo, Section Maps Aerial Photo Site Plan (Please refer to "Miscellaneous staff code research on this issue) Issues" for preliminary ,j LIG~RTY VILLAG~ G~EN GOLP VICTORY PARK R.4 ~ ST. THERESA NURSING HGMIE R.4 SCIENCE CENTER DRIVE R-4 NORTH RIDGE CARE CENTER HOSTERMAN JR HiGH SCHOOL 800 LINE RAILROAD COMPANY NEW HOFE ATHLETIC R.4 COOPER HIGH SCHOOL H OMEW&RO BOUND SUNNYSIOE NEW HOPE ELEMETJd~Y SCHOOL LI i~RTY / ! V I(::TORY' 5'~,z,6' ~.~,. ~xOx WORKS ~ GARAGE ?lanning Case: Request: Location: PID No.: Zoning: Petitioner:' Report Date: Meeting Date: ,¸ CITY OF NEW HOPE PLANNING CASE REPORT 94-11 Request for Rear Yard Setback Variance, Site/Building Plan Review/Approval, and a Conditional Use Permit to Allow Construction of a Convenience Store with Gasoline 6144 West Broadway 05-118-21 21 0035 B-3 (Auto Oriented Business) Ashland Oil, Inc. (Super America) April 25, 1994 May 3, 1994 UPDATE The petitioner is requesting a conditional use permit to allow a convenience store with gasoline, a rear yard setback variance, and site/building plan review/approval to allow construction of a new service station, pursuant to Sections 4.039A, 4.124(2), and 4.034(3) - of the New Hope Code. Super America is proposing to demolish the existing vacant gas station at the southeast intersection of West Broadway and 62nd Avenue and construct a new 2,489 square foot gas station/convenience store. The plan includes a new 62' x 41' masonry building with awning, 74' x 31' (2,350 square foot) canopy, new identification/directional signs, new trash enclosure, two concrete pump islands, new site landscaping, new curb cuts and elimination of non-conforming curb cut, restriped parking area and loading zone, and new site lighting. The specific requests are outlined below: A. A convenience store with gasoline is permitted in the B-3 Zoning District by conditional use permit provided that specific conditions are met. B. The rear yard setback requirement for the property is 35 feet and the building would be located 18 feet (at the closest point) from the south area yard property line, thus a 17-foot variance to the 35-foot rear yard setback requirement is needed. C. Site and building plan review/approval is required for the erection of any new building in the City. The property was zoned General Business in 1961 and in 1979 was rezoned to a B-3 Auto-Oriented Zoning District. Planning Case 94-11 April 25, 1994 Page 2 Surrounding zoning/land uses include: R-4 High Density Residential (townhouses) to the east; R-~5 Senior Citizen and Physically Handicapped Residential (new elderly apartment building) to the south; B-3 Auto-Oriented (Woody's gas/convenience store) to the west; and Brooklyn Park (elementary school) to the north. The physical characteristics of the property, which contains 19,200 square feet, include a downward five-foot slope from West Broadway to the east property line and several existing trees at the southeast comer of the property. These plans are almost identical t° the plans approved by the City Council in March, 1992, except this time no outdoor storage is being requested and no request for 24-hour operation is being made. Subsequent to the 1992 approval, Super America notified the City that they did not intend to proceed with construction on the site. Due to the fact that more than one year has lapsed since the approval was granted and because no extension was requested, Super America needed to complete another zoning application and receive City Council approval before they can proceed with construction. o Property owners within 350' of the request have been notified, and staff have received several calls in opposition to this application. ANALYSIS Conditional Use Permit 1. The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all such other or further factors as the City shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. 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. Co Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. Do No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Planning Case 94-11 April 25, 1994 Page 3 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. 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 nonshopping traffic or general unsightliness. A Conditional Use Permit for Convenience Store with Gasoline is allowed provided that the following conditions are met: Take-Out Food. Convenience/deli food is of the take-out type only and that no provision for seating or consumption on the premises is provided. B. Sanitation. That any sale of food items is subject to the approval of the City Sanitarian. Licenses. That the non-automotive sales shall qualify for and be granted an annual food handling, retail sales license or other license, as circumstances shall require, in addition to the Conditional Use Permit. Do Area. That the approximate area and location devoted to non-automobile merchandise sales shall be specified. Exterior sales shall be subject to a separate conditional use permit. I-lours of Operation. The hours of operation shall be limited to six o'clock a.m. to twelve o'clock midnight unless extended by the City Council. Motor Fuel Facilities. Motor fuel facilities are installed in accordance with state and City standards. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations do not conflict with circulation, access and other activities on the site. Go Canopy. A protective canopy located over pump island may be an accessory structure on the property and may be located twenty feet or more from the front lot line, provided adequate visibility both on and off-site is maintained. 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. All sides of the principal and accessory structures are to have essentially the same or a coordinated, harmonious finish treatment. Planning Case 94-11 April 25, 1994 Page 4 Dust Control and Drainage. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage. Area. A minimum lot area of 22,500 square feet and minimum lot dimensions of 150 feet by 130 feet. The City Council may exempt previously developed or previously platted property from this requirement provided that the site is capable of adequately and safely handling all activities and required facilities. Curb Separation. A continuous and permanent concrete curb not less than six inches above grade shall separate the public sidewalk from motor vehicles areas. Lo Landscaping. At the boundaries of the lot, a strip of not less than five feet shall be landscaped and screened. M. Light Standards Landscaped. Each light standard shall be landscaped. No Access. Vehicular access points shall create a minimum of conflict with through traffic movement. O. Noise. Noise control shall be as required. Po Outside Storage. No outside storage except as allowed per the code. An enclosed screened area is to be provided for rubbish and dumpsters. Staff finds that the only condition not met is "J," area. The minimum street frontage dimensions are met, but the minimum lot area of 22,500 square feet is not met. The property contains approximately 19,200 square feet. The City Council may exempt previously platted property from this requirement if the "site is capable of adequately and safely handling all activities and required facilities." Staff recommends that this property be exempted from the requirement due to the fact that the site is being totally redeveloped. Variance 1. The purpose of a variance is to permit relief from strict application of the zoning code where undue hardships prevent reasonable use of property and where circumstances are unique to the property. A hardship may exist by reason of narrowness, shallowness, or shape of property or because of exceptional topographic or water conditions. The hardship cannot be created by the property owner and if the variance is granted, it should not alter the essential character of the neighborhood or unreasonably diminish or impair property values in the neighborhood. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Planning Case 94-11 April 25, 1994 Page 5 Additional criteria to be used in considering requests for a variance includes the following and the Planning Commission/City Council shall make findings that the proposed action will not: A. Consistent With Purpose of Variance. Be contrary to the purposes of a variance. B. Light and Air. Impair an adequate supply of light and air to adjacent property. C. Street Connections. Unreasonably increase the congestion in the public street. D. Public Safety. Increase the danger of fire or endanger the public safety. E. Property_ Values. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to intent of City Code. The proposed Super America Station/Store meets all setback requirements except for the 35-foot rear yard setback requirement. Petitioner is requesting an 18-foot variance or about a 50 percent setback reduction. The existing building is non-conforming and meets no setback requirements. If this site is redeveloped as proposed, all non-conforming setbacks and non-conforming curb cuts will be corrected except for this one rear yard setback variance request. There is a significant distance (200 feet) between the proposed Super America and the building to the south and significant landscaping has been incorporated into the plan. The building proposed for the site is unique in the fact that it has a comer-cut, windows on two street sides, and is aesthetically pleasing. The site may be useable with all setbacks being met, but the aesthetics of the building would probably be revised to present a less appealing structure. The petitioner states on the application that the required setbacks provide a building envelope that does not allow the owner to build a new station/store without a variance. Staff supports the granting of the variance due to the size and shape of the property, the significant distance between properties, the aesthetics of the new building, and the reduction of non-conformities on the site. Site & Building Plan Review The petitioner is proposing to construct a 2,489 square foot building and a 2,350 square foot canopy. The building will have a comer entry at the northwest comer, extra glass, and special brick detailing on all sides. The plans show a pedestrian walkway (48" wide) striped area from 62nd Avenue to the store with ADA approved slopes, a new five-foot concrete sidewalk along West Broadway, and a temporary remediation building at the southeast comer of the site with finish colors to match the main building. The Design & Review Committee met with the petitioner on April 14th and a number of issues were discussed. Revised plans were submitted as a result of the meeting. Parking. Fifteen parking spaces are required and 17 spaces are provided (nine in the parking lot and eight at the pumps). 4. Hours of Operation. Will be limited to what is allowed by ordinance (6:00 a.m. to 12:00 midnight). 5. Outdoor Sales. No outdoor sales are being proposed. Planning Case 94-11 April 25, 1994 Page 6 6. Lighting. The majority of the gas pump activity and gas canopy lighting is screened by the SA building from the townhouses to the east. The wooden fence at the east and landscaping will screen headlights from the same residential area. Lighting levels have been adjusted per staff's request. However, the rear wall light (east) is too bright. Change wattage or design to confine light levels to a maximum of one foot candle at the property line. 7. Landscaping. A total of 182 trees and shrubs will be added to the site and the plan provides good buffers to both the east and the south. 8. Traffic Data. Staff have enclosed the traffic data that was submitted in 1992 in the attached report prepared by Barton-Aschman Associates, Inc. titled "Traffic Characteristics of Convenience Store with Gas Pumps." The conclusions of the report are that: A. Convenience stores with gas pumps do not generate significant new traffic volumes on the street system. B. Approximately 87 percent of the traffic entering/exiting the convenience store with gas pumps site is already on the street passing by or near the facility. C. 80-90 percent of the approach/departure traffic to a convenience store with gas pumps is via a major street passing by the site. D. The impact of a convenience store with gas pumps on the residential street system is not significant since the amount of new traffic generated is small through all periods of an average day and since primary approach and departure to the site is via a major arterial route. 9. Tanker Circulation. A tanker circulation diagram has been provided, as requested, showing that trucks will enter on 62nd Avenue and exit onto West Broadway. 10. Signage. The following signage is proposed for the site: A. Trademark Pole Sign at the corner of 62nd and West Broadway (130 square feet). B. Canopy Signage stating "SUPERAMERICA" 1' in height x 10'-5" in length. C. Building Wall Signage stating "SUPERAMERICA" (1 '-3 1/2" X 12'-5") on the north and west building elevations and "SA" (2'-1" in height and 4'-8" in length) on the northwest corner of the building. The signage complies with the New Hope Sign Code and recently adopted gasoline canopies ordinance. RECOMMENDATION Staff recommends approval of the rear yard setback variance, conditional use permit and site and building plan review to allow the construction of a convenience store/gas station, subject to the following conditions: Planning Case 94-11 April 25, 1994 ..... Uage 7 Revise lighting plan, per Building Official recommendation. All signage to comply with New Hope Sign Code. 3. Annual inspection by staff. 4. No outdoor storage. 5. Hours of operation to comply with City Code. Development Contract to be executed with City and performance bond to be submitted (amount to be determined by City Engineer and Building Official). Attachmems: Petitioner's Letter Topo Map Site Plan Floor Plan Elevations/Building Sections Survey Grading Plan Landscape Plan Landscape Schedule Tanker Circulation Diagram Site Illumination Plan Site Signage Plan Canopy Signage Building Elevations with Signage Canopy Plan Proximity to Adjacent Structures 1992 Traffic Data 1992 Resolution Approving Requests 3/9/92 Council Minutes 2/10/92 Council Minutes 2/4/92 Planning Commission Minutes 12/4/91 Planning Commission Minutes SUPERAMERICA® Division of Ashland Oil, Inc. 1240 West 98th Street Bloomington,/~Ainnesota 55431 612-887-6100 April 21, 1994 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55478-4898 Attention: Mr. Daniel J. Donahue, City Manager SUBJECT: Planning Commission Meeting - May 3, 1994 Request for Conditional Use Permit Rear Yard Set Back Variance Site/Building Plan Review/Approval SuperAmerica - Planning Case 94-11 Dear Mr. Donahue: This is a formal request by SuperAmerica for a Conditional Use Permit to allow a convenience store with gasoline, a rear yard setback variance and site/building plan review/approval to construct a new service station/convenience store at 6144 West Broadway. The requests were previously approved by the New Hope City Council on March 9, 1992 and confirmed by your'letter dated March 10, 1992 to Michael O'Donnell. Mr. Kirk McDonald, City Management Assistant has informed me that SuperAmerica's requests will be on the May 3, 1994 public hearing/planning commission meeting agenda as Planning Case 94-11. The City of New Hope's continued cooperation and assistance is appreciated. Construction Manager cc; Mr. Doug Sandstad, City of New Hope Mr. Kirk McDonald, City of New Hope P. G. Collins, R. C. Hardman, G. K. Hill, R. J. Maxwell, L. S. McCain, R. M. Mueller, M. J. O'Donnell, F. T. Pleasants, M. J. Rasnak, S. S. VanTassel x 8tS.3 NORTH 8t,.5 × ',,_869.3 871 .2 X ~3 X 87l .0 87'0.4 QSITE FI.J~N SITE NOTES: I 6UPERFAST CHECKOUT -- CLEAN-UP 8TOCK RO01't I I I I SALES AREA -~ i" i II I I u FLOOR PLAN KEY NOTE$ (~ I" AIR IPAOE I1~ QIlI~, ILK, Ir-O' OE~ X 8'-0' HIf# WLK-III COOLER ~/~= t/tOE OOC~8 MINg ~ ,JOlieT IEEKrI', 4/6 FOil FlXltJfl~ OLrTAIL~ · 14 PUIIIINO IMLL - PL/ICE PIPEI ON INII~ FI~E ~F VAPflR MfG. FILL ~ OF' COliC. II.~. [lll~l IlO[ ~ ~ m,~lNO. ( :: : .,. ,.. , LEFT ~ ~VATlffi ~ T~, ~ln mTIm wm II ' III ~ ........ I IIIII I~[ ~ I I ~" ~ ~SCm~ON I In ~T mm ~EYAT]~ L BUI~]~ ~CTI~ ALTA/ACSM LAND 'rs'rt,E SURVEY FOR: SUPERAMERICA I / / / / [ ,.~.,r'?.. / / I / .... // / .... ~ II I / I I / / / / .."? / -I LOCATION MAP N  m m \\\, [ . o I I ts ~ 0 COMPACT BELOW ROOT-BALL. EVERGREEN & DECIDUOUS TREE PLANTINGS NO SCALE PLANT MATERIAL LANDSCAPE PLAN 4375 -4 * ~ut~ p~rmrs * 6144 WEST BROADWAY NEW HOPE, MINNESOTA TANICER C~IR(~W.~zIrIQN ~ ~144 ~T IIlIOADWAY DIESCIlPTIOH S;I~ ILLIAINA11CN PLAN e144 WEST BIIOADWAY Sfll~ SIMMQE PLAN i144 ~ IIK)ADWAY NEW HOIII. MIMIIIOTA Q CANOPY STRIPING ~r-r.~ NOTE: LOWER Lt"0'L Sr-S' lION PANEL HAY VARY. J ~--m SUPERAMERICA  CAMPY SIGNAGE ELEVA~ .~ ~ SUPERAMERICA  CAMPY SIGNA~ ELEVATI~ C~ F~ A~ ~D FLEXEE FACE [~ '~ ....... ~ ...... '~ PROPOSED SIGNAGE ~m ~, ~ ~ SUPERAMERICA ~ I i i:::: !:;:: ~ ....... ':':':': :':':'-- I ~ ~ .'-:-z :-:-:-:.: i i ~i;i; ;i;i;i;i;! -',::',:',:::::::: ::::: i ~ !i!i: :i!i!i!i!i!. .:!:!:!:!::::-: ! [~[~- '~'[~_-~[~[~[[. ~',.~..............-.-. '_.:._- :-:-~-~-:-:-:-. ,.,...._,.,_,.-.-..-.-. ~ '-- ¢:3 ':':' ':':':':':':':' ''''";';';';';';' '"-' ! ! O FRONT ELEVATION , 4'-e' . 1/4"-I'-0" ' ' ..-. _ ~- f'"" "' .Z i.i. I 1 ,,. :i'-i: :i:i:i:!: ! i i :i:i: :i:i:i:i?: ~--------~-~-~ - i I/4"1'*0' !/4''1'-0' = - ----- .~'A SUPERA/~E._R. IC6 ~'"~ .... BULDING ELEVATIONS w/ $1GNAGE "'"' so,-o, x 30,-o. L cc MASQ~Y mUG. '" 1C \ I PLAN QI,~L&NO IEL~¥~TION KEY NOTEe: LiNE ,/ / ~--~.._1 _ I.~ , II II Oarton-Aschman Associatas, Inc. 111 Third Avenue South, Suite 350 Minneapolis, Minnesota 55401 USA Phone: (612) 332-0421 Fax: (612) 332-6~80 January 15, 1992 Mr. Michael O'Donnell SuperAmerica Division of Ashland Oil, Inc. 1240 West gBth Street Bloomington, MN $5431 Re: Traffic Characteristics of Convenience Stores With Gas Pumps Dear Mr. O'Donnell: Convenience stores with gasoline pumps have expanded significantly in the past lO years due primarily to the fact that these markets offer self-service gasoline and convenience grocery goods in a readily accessible location with fast service~ Barton-Aschman Associates, Inc. has conducted numerous studies and analyses of these facilities, throughout the United States and particularly in the Minneapolis-St. Paul metropolitan area to determine the impact of the development on the transportation system and adjacent residential areas. The Barton-Aschman studies include virtually all types of convenience store/ gasoline pump operationsincluding those operated by SuperAmerica. Because, in many instances, convenience store/gasoline pump facilities appear to be highly active with vehicles continuously entering and exiting throughout the day, it appears that these facilities generate significantly more traffic larton-A hman Asso iates, In& January 1S, 1992 Page 2 than other commercial activities. Consequently, some studies have required more, in-depth surveys and analysis of traffic characteristics to accurately assess impact on transportation systems and residential areas. This document is a summary of facts determined and conclusions reached on traffic characteristics and impact of convenience store/gasoline pump facility operations. SITE CHARACTERISTZCS Convenience stores with gasoline pumps are primarily located on major arterial streets and highways so that they are readily accessible to vehicular traffic passing by. The facilities generally consist of a convenience store of size ranging from 1,500 square feet to 4,000 square feet with $ to 12 gasoline pumps located on two to six pump islands. An automated car wash is frequently included with the facilities. The size of new development sites has increased through the years to the extent that they are now approximately two to three acres in size to conveniently and safely accommodate maneuvering of general vehicular traffic as well as large fuel delivery vehicles. The facilities generally operate a minimum of 16 hours per day with many operating 24 hours per day. larton-Asc:hmin Asso~iat®s, In& January 15, 1992 Page 3 DEFINITIONS Terms used in this report are defined as follows: · Convenience Store With Gas Pumps A store that sells convenience food items, gasoline products, and other car products that is normally open 16 to 24 hours per day. It has self- service gas pumps with a store of gross floor area of 1,500 to 4,000 square feet. One person manages the store. · Trip Single or one direction vehicle· movement with either the origin or destination inside the study site. · Trip Ends The total of all trips entering plus all trips leaving the site over a given period of time. Imrtofl-Alohmln A#oolmtes, Ino. January 15, 1992 Page 4 · Primary Trips Trips from home, work, or school to the convenience store that returns directly to the point of origin. The trip's only purpose was shopping at the convenience market. · Diverted Linked Trips Trips in which the stop at the convenience store is part of a sequence of two or more stops within the total trip and where the stop at the convenience store required a route diversion from the route that would otherwise be followed if a stop at the convenience store were not made. Non-Diverted Linked Trips Trips in which the stop at the convenience store is part of a sequence of two or more stops within the total trip and where the driver is already travelling on the street on which the convenience store is located. Blrton-A~hmin Asso~lltem, lng January 15, 1992 Page 5 SITE ACCESS Convenience stores with gas pumps are generally located on high traffic volume streets (15,000 to 25,000 vehicles per day) because the major part of their business comes from vehicular traffic passing by. Developments try to obtain as much primary ingress and egress to their site from the main street as possible to facilitate access to the site. In instances where primary ingress and egress facilities are located on the main street, traffic studies and observations indicate that approximately 80 percent of the traffic enters the site from the main street and exits back to the main street traveling in the same direction that they were originally headed. In instances where access to the main street is restricted by medians, other traffic controls, or by the agency having jurisdiction over the roadway, use of an adjacent minor street may be required for ingress or egress. However. studies and observations indicate that even where access is restricted or circuitous, approximately 80 percent of the traffic to a convenience store with gas pumps approaches and departs the facility via the adjacent major arterial street for the major part of the trip. This pattern holds true during the A.M. and P.M. peak hours as well as midday and nighttime hours. Barton-A r, hman A.o iate , I january 15, 1992 Page 6 TRAFFIC CHARACTERISTICS · Trip Volumes Average trip generation per site is as follows: Time Period Morning Peak Hour Noon Peak Hour Evening Peak Hour Weekday Trip Ends lO0 100 130 1,300 Range 50-145 60-160 90-200 800-2,400 The above trip ends volumes are based on actual surveys and observatior.- conducted by Barton-Aschman in the Minneapolis-St. Paul metropolitan area and include existing SuperAmerica facilities. · Trip Type To determine the real impact of trip generation by a convenience store with gas pumps, interviews were conducted with patrons at a few exist~nc facilities tO determine the primary purpose of their trip and their approach and departure routes. The results of those surveys indicate that most or the morning trip origins are home-based with the trip Birton-A~hmn Ammo~iat®s, In4). January 15, lgg2 Page 7 destination being work. The origins and destinations during the noon hour were evenly split between home and work trips. In the evening peak hour, Most of the trip origins are work-based with the trip destina{ion being home. On average, only 10 to 13 percent of the total traffic entering a convenience store/gas pump site is a primary trip where the convenience store was the primary destination. This percentage of primary trips holds true during the morning peak, the noon time, and the evening peak hours as well as on a daily basis. · General Trip Summary A summary of trip type to convenience stores with gasoline pumps is as follows: Percentage of Total Traffic Morning Peak Noon Evening Peak Trip Type Average Range Average Range Average Range Primary 6 0-10 13 9-17 13 5-21 Diverted.Linked 30 12-38 25 14-33 25 9-34 Nondiverted Linked 64 58-85 62 $0-70 62 55-83 ~rton.Am:hman Auoolates, In~ january 15, 1992 Page 8 CONCLUSIONS Convenience stores with gas pumps do not generate significant new traffic volumes on the street system. Surveys indicate that only approximately 13 percent of the total traffic entering and exiting a site have the convenience store as a primary destination. Approximately 87 percent of the traffic entering and exiting the convenience store with gas pumps site is already on the major arterial street passing by or near the facility during all times of an average day including the morning peak hour, the evening peak hour, noon time, and daily. Eighty to 90 percent of the approach and departure traffic to a convenience store with gas pumps is via the major arterial street syste~ or systems passing by the site. The impact of convenience store with gas pump operations on the transportation system or on the residential street system is not significant since the amount of new traffic generated on the street is small through all periods of an average day and since primary ~pproach and departure to the site is via a major arterial route. B~rton-Asohman Asmo~int®s, In& january 15, 1992 Page 9 The foregoing general analysis of convenience store with gas pump traffic operations and impact is based on specific studies conducted by Barton-Aschman throughout the United States and in the Minneapolis-St. Paul metropolitan area as well as other studies conducted in various parts of the United States. Sincerely, David R. Kosk~yg.E. Principal Assodiate DRK:dmv RESOLUTION NO. 92- 51 RESOLUTION ESTABLISHING FINDINGS OF FACT RELATING TO REQUEST BY SUPER AMERICA GROUP FOR CONDITIONAL USE PERMIT AND VARIANCE TO CONSTRUCT AND OPERATE A CONVENIENCE STORE WITH GASOLINE SALES AND APPROVAL OF BOTH REQUESTS BE IT RESOLVED by the City Council of the City of New Hope as follows: PROCEDURAL HISTORY WHEREAS, the Super America Group, Inc. (hereafter Petitioner) submitted an October 10, 1991 application designated as Planning Case No. 91-37 for two conditional use permits, a rear yard setback variance and site and building plan review to construct and operate a convenience store with gasoline and outdoor storage and sales at property commonly described as 6144 West Broadway identified as PID No. 05-118-21 21 0035 (hereafter Property), and WHEREAS, the property is zoned "B-3" Auto Oriented Business District which permits convenience store with 9asoline and outdoor storage and sales as conditional uses per New Hope Code §§4,124(2) and 4,125(4), and WHEREAS, New Hope Code §4.034(3) establishes a 35 foot rear yard setback requirement and that Petitioner herein requests a 17 foot variance from said setback requirement subject to the requirements set forth in New Hope Code §4.22 et. al., and WHEREAS, Petitioner has requested site and building plan approval per New Hope Code §4.O39A, and WHEREAS, Petitioner has appeared before the Design and Review Committee of the New Hope Planning Commission on October 22 and November 18, 1991 and January 16, 1992 and has complied with all requests and recommendations of said Committee per Commissioner Gundershaug's statements noted in the Planning Commission minutes of December 4, 1991 and February 4, 1992, and WHEREAS, pursuant to the Planning Commission's request Petitioner met with the numerous residents in opposition to the planning, case composed mostly of residents of the Anthony James anu Broadway LaNe1 apartment complexes on December 17, 1991, and WHEREAS, in response to the concerns of said residents Petitioner has withdrawn its request for 24 hour operation and has agreed to limit its hours of operation from 6:00 a.m. to 12:00 midnight as required by New Hope Code §4.124(2)(f). Further, Petitioner has submitted information to address the residents' concern over potential increased crime, traffic, noise, and glare from lights associated with the proposed operation, and WHEREAS, Planning Case 91-37 was considered at the December 5, 1991 Planning CommiSsion meeting and at a duly noticed public hearing before the Planning Commission on February 4, 1992. At the February 4, 1992 Planning Commission meeting Petitioner's requests were denied on a 5 to 3 vote with the Commission concluding that an insufficient basis was shown for the 17 foot variance to the 35 foot setback requirement of New Hope Code §4.034(3), after all interested persons desiring to be heard were given the opportunity to be heard, and WHEREAS, at the February 4, 1992 Planning Commission meeting the Commission had before it the New Hope Comprehensive Plan and Zoning Code, the December 4, 1991 meeting minutes, all findings and comments from City Staff, a January 15, 1992 traffic analysis prepared by Barton-Aschman, Assoc., unsworn testimony from Michael O'Donneli and Bill Bail, both employees of Petitioner, numerous petitions from area residents in opposition to the planning case and the Commission's own comments and opinions, and WHEREAS, the Petitioner has appeared at duly noticed meetings of the New Hope City Council on February 10 and March 9, 1992, and WHEREAS, at the February 10, 1992 meeting the Council had before it all information before the Planning Commission referenced above plus the minutes from the February 4, 1992 Planning Commission meeting and at its March 10, 1992 meeting the Council had before it in addition to the previously described information the minutes from its own February 10, 1992 meeting including the Council's own comments, opinions, familiarity with and zoning history of the Property. Further, all persons wishing to be heard were given an opportunity to be heard at both City Council meetings, and WHEREAS, the Property currently is improved with a vacant and boarded up gas station facility which Petitioner intends to raze and remove as part of the development, and WHEREAS, Petitioner intends to redevelop .the site with a new 2,200 sq. ft. gas station/convenience store consisting of a 60'x39' masonry building with awning, a 74'x36' canopy over two concrete pump islands, new identification/directional signs, new trash enclosures, new site landscaping, new curb cuts that effectively eliminate existing non-conforming curb cuts, restriped parking area and loading zone and new site lighting all as submitted by Petitioner, in various site plans also before the City Council, and WHEREAS, Petitioner, after discussion with the Council at its February 10, 1992 meeting, has voluntarily withdrawn its request and application for exterior outside storage and sales, and WHEREAS, Petitioner's plans submitted as part of its planning case comply wi~h all on-site parking and loading requirements of the New Hope Code, and CONDITIONAL USE WHEREAS, New Hope Code §4.124(2) permits as a conditional use in a "B-3" zoning district a convenience store with gasoline sales but no vehicle service or repair if the following standards are met: Permitted Uses., The retail sales involve uses or activities which are allowed in a B-l, B-2, or B-3 District. Take-Out Food· Convenience/deli food is of the take-out type only and that no provision for seating or consumption on the premises is provided. Furthermore, that the enclosed area devoted to such activity, use and merchandise shall not exceed fifteen percent of the gross floor area. Sanitation· That any sale of food items is subject to the approval of the City Sanitarian who shall provide specific written sanitary requirements for each proposed sale location based upon applicable State and County Regulations. Licenses. That the non-automotive sales shall qualify for and be granted an annual food handling, retail sales license or other license, as circumstances shall require, in addition to the Conditional Use Permit. .3 10· 11. Area. That the approximate area and location devoted to non-automobile merchandise sales shall be specified in general terms in the application and in the conditional use permit, Exterior sales shall be subject to a separate conditional use permit, Hours of Operation. The hours of operation shall be limited to six o'clock a.m. to twelve o'clock p.m., unless extended by the City Council. Motor Fuel Facilities. Motor fuel facilities are installed in accordance with state and city standards. Additionally, adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations do not conflict with circulation, access and other activities on the site· Fuel pumps shall be installed on pump islands· Canopy. A protective canopy located over pump island may be an accessory structure on the property and may be located twenty feet or more from the front lot line, provided adequate visibility both on and off site is maintained. 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. All sides of the principal and accessory structures are to have essentially the same or a coordi.nated, harmonious finish treatment· Dust Control and Drainage. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City. Area. A minimum lot area of twenty-two thousand five hundred square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet. The City Council may exempt previously developed or previously platted property from this requirement provided that the site is capable of adequately and safely handling all activities and required facilities. 12. Curb Separation. A continuous and permanent concrete curb not less than six inches above grade shall separate the public sidewalk from motor vehicles areas, notwithstanding the provisions of 4.036 (4)(h)(xv). 13. Landscaping. At the boundaries of the lot, a strip of not less than five feet shall be landscaped and screened in compliance with Section 4.033 (4) of this Code, notwithstanding the provisions of 4.036(4)(h)(xv). 14. Light Standards Landscaped, Each light standard shall be landscaped. 15. Access. Vehicular access points shall create a minimum of conflict with through traffic movement, and shall be subject to the aDproval of the City. 16. Pedestrial Traffic. An internal site pedestrian circulation system shall be defined and appropriate provisions m&de to protect such areas from encroachments by parked cars or moving vehicles. 17. Noise. Noise control shall be as required in the Noise Control Section of this Code· 18. Outside Storage, No outside storage except as allowed in compliance with Section 4.125 (3), An enclosed screened area is to be provided for rubbish and dumpsters· and WHEREAS, New Hope Code §§4.21 and 4.212 additionally require the Council to consider and find the proposed conditional use is: 2. 3. 4, 5. consistent with the Comprehensive Plan; compatible with adjacent land uses; conforms with all performance standards; will not depreciate surrounding land values; will not cause traffic hazards or congestion adversely affecting adjacent residential or commercial properties; wilt not constitute a nuisance to other properties due to traffic generation, noise, glare or other generally unsightly characteristics of the proposed use; and WHEREAS, information presented to the Council supports the conclusion that Petitioner's conditional use application meets all of the foregoing conditions as more specifically explained as follows: Potential traffic congestion and hazards is a major concern. Petitioner has testified by Bill Bai] that Super America stores do not create additional traffic but exist based on existing traffic in the area. Further, the traffic analysis of Barton-Aschman, Assoc. establish that convenience stores with gasoline do not generate significant new traffic volumes, that 875 of the traffic utilizing said stores are already on the street and that the impact of said stores is not significant. As a result, the proposed use will not cause traffic hazards or congestion or adversely impact adjacent commercial or residential property due to traffic congestion. Noise from the site has been identified as a potential problem. Petitioner has testified that fuel tankers by law must turn off their engines when filling storage tanks on-site. Further, Petitioner agreed to install noise governors on its outside speaker system and reduce the volume on said system after 8:00 p.m, Petitioner has also agreed it will not operate after 12:00 midnight or before 6:00 a.m. Petitioner is also subject to the City's noise ordinance adopted to protect the quiet peace and enjoyment of neighboring land owners. The Council finds that noise from the proposed use is within standards requi, red by this Code· Glare from vehicle lights has been raised as an issue. Petitioner's plans indicate that the property is well landscaped and bermed. Said landscaping and its maintenance will be a permanent condition of the proposed use and will effectively eliminate concern from glare and also additionally control noise. Increased crime, vandalism and loitering has been suggested as a possible problem from the proposed use. No evidence has been presented to indicate a connection between Super America's operations and increased crime. In fact, the testimony presented to the Council indicates Super Americas are clean and well supervised. It seems obvious that a well tit, well managed operation such as Super America will be a crime deterrent especially in comparison to a vacant boarded up building currently existing on-site. Further, the Council finds no connection between the potential congregation of young people and increased vandalism and loitering and no evidence has been presented to the Council establishing same. The property does not meet the minimum lot area of 22,500 sq. ft., said property consisting of approximately 19,200 sq. ft. However, the property satisfies the minimum street frontage, parking and loadin9 requirements. Also, the corner check-out design of the proposed building is downsized from the maximum building area that could be constructed and the redevelopment plan eliminates non- conforming curb cuts. As a result, the Council finds that the site is capable of adequately and safely handling the proposed use and given the fact it has been previously platted and used as a gas station, it is appropriate to exempt the site from the minimum area requirement as allowed by §4.124(2)(k). The proposed use of the property is consistent with the Comprehensive Plan and compatible with adjacent land uses. The property is located in Planning District 4 as defined by the Comprehensive Plan. The Comprehensive Plan makes specific reference to the property as a convenience commercial center adjacent to the apartment complex well suited and located to serve the apartment residents as well as the surrounding neighborhoods. It is hereby determined that the proposed use will serve such a function. Further, the property has been used as a gas station in the past and there are other commercial facilities in the area. The proposed use is clearly compatible with the surrounding land uses. There is no evidence in the record to suggest Super America operations contribute to or. cause a depreciation of land values. Again, the proposed development is a significant improvement to the existing conditions, aha Super America is a well managed operation and will enhance rather than depreciate surrounding land values. 7 SETBACK VARIANCE WHEREAS, New Hope Code §4.034(3) establishes a 35 foot rear yard setback requirement and that the proposed building is 18 feet at its closest point to the rear lot line requiring a 17 foot variance from said setback, and WHEREAS, the Anthony James apartment complex is adjacent to the property at its rear lot line and that the apartment building itself would still be 222 feet from the apartment building if the variance was granted, and WHEREAS, Petitioner has submitted an alternate building plan that would not require a variance and would result in a 500 sq. ft. larger aesthetically unpleasing box-like building that makes less effective use of the property by permitting a less flexible parking arrangement, and WHEREAS, New Hope Code §4.22 Permits a variance if demonstrated to be in keeping with the spirit and intent of the Code and a hardship exists due to the shape of a lot preventing a reasonable use of the property not due strictly to economic reasons, and WHEREAS, the Council may grant a variance from the strict application of the Code to relieve difficulties or hardships to a degree considered reasonable, and WHEREAS, the Council hereby determines that a 17 foot rear yard setback variance requested by Petitioner is reasonable and in keeping with the spirit of the Code for the following specified reasons: The proposed building will still be 222 feet from the Anthony James apartment building. The building as proposed with the variance will. be 500 sq. ft. smaller in size than the building proposed in compliance with the setback. The proposed building described as a corner check-out is an aesthetically pleasing uniquely designed building which makes better use of the property in that it directs activity on the site to the West Broadway/62nd Avenue North intersection and not towards the adjacent properties, it makes better use of parking area and eliminates non-conforming curb cuts· 8 The property is oddly shaped due to the fact it was "left-over" property when platted and as a result, the variance as proposed promotes a reasonable development. Also, back yard setback variances have been routinely granted if reasonable. The proposed variance is reasonable given the fact improvements on adjacent property is 222 feet away and the proposed landscaping and berming of the property more than adequately screens the proposed use from adjacent properties. NOW, THEREFORE, the New Hope City Council hereby makes the following findings: The above recitals are incorporated herein by this reference, That the proposed conditional use meets all the performance standards of this Code and should be granted. That the requested rear yard setback variance is needed to promote the best use of the property, is reasonable and in keeping with the intent of the Code and is due to a non-economic hardship unique to the property and should be granted· The plans submitted by Petitioner are satisfactory and in compliance with the site and building plan review requirements of this Code. THEREFORE, Petitioner's request for a conditional use permit for a convenience store with gasoline, a 17 foot rear yard setback variance and site and building plan review are hereby 9ranted subject to the following conditions: The property shall be developed in accordance with the plans submitted by Petitioner· Hours of operation shall be limited to 6:00 a.m. to 12:00 midnight unless otherwise approved by the City Council. Noise governors shall be installed on all outside intercom systems and volumes reduced after 8:00 p,m, No outdoor storage or sales of merchandise shall be allowed, unless a conditional use permit for same is applied for and granted at a later date. Petitioner shall execute a development agreement and post a performance bond for required site improvements, including but not limited to, landscaping, curoing aha retaining wall as shown on its plans, Dated: March 9, 1992, City Clerk 10 91-37 RESOLUTION 92-51 Item 8.2 PLANNING CASE 92-05 Item 8.4 adult use zontng and adult use licensing in the City of New Hope. All present voted in favor. Motion carried. Mayor Erickson introduced for discussion Item 8.2, Planning Case 91-37, Resolution Establishing Finding of Fact Relating to Request by Super America Group, Inc. for Conditional Use Permits and Variance to Construct and Operate a Convenience Store With Gasoline Sales and Approval of Both Requests. Councilmember Enck commented that he has again reviewed the materials relating to the planning case and he sees no alternative but to approve it. Councilmember Otten noted the Council cannot restrict trade and he is not convinced that it would in fact limit opportunities for the existing surrounding businesses. Councilmember Enck introduced the following resolution and moved its adoption: "RESOLUTION ESTABLISHING FINDINGS OF FACT RELATING TO REQUEST BY SUPER ANERICA GROUP FOR CONDITIONAL USE PERMIT AND VARIANCE TO CONSTRUCT AND OPERATE A CONVENIENCE STORE WITH GASOLINE SALES AND APPROVAL OF BOTH REQUESTS". The motion for the adoption of the foregoing resolution was seconded by Councilmember Otten, and upon vote being taken thereon; the following voted in favor thereof: Erickson, Enck, Otten, Williamson; and the following voted against the same: None; Absent: L'Herault; whereupon the resolution was declared duly oassed and adopted, signed by the mayor which was attested to by the city clerk. Discussion of Item 8.4 preceded Item 8.3. Mayor Erickson introduced for discussion 8.4, Planning Case 92-05, Request for a Conditional Use Permit to Allow a Temporary Use/Outdoor Auto Show at 5520 North Highway 169 (PID #06-118-21 33-0002), Champion Auto Stores. Mr. Kirk McDonald explained that the petitioner is requesting a conditional use permit to allow a temporary use/outdoor auto show in an I-1 Limited Industrial Zoning District. Champion Auto Stores is proposing to host an outdoor car show this summer at their facility with Land- O-Lakes GTO Car Club. The show would be conducted on Sunday, August 2nd, from. 7:00 a.m. - 6:00 p.m. and would include 225 show cars. It is expected to attract approximately 3,000 spectators throughout the day. Liberty Diversified Industries and Coldwell Banker/Chicago Cutlery have authorized use of their sites for spectator and tow vehicle/trailer parking. The Land-O-Lakes GTO Car Club consists of 14 committees. A food vendor will be on the site with convenience food. Portable latrines and first aid tent will also be on the site. New Hope City Council Page 10 March 9, 1992 RESOLUTION 92-35 Item 8.1 PLANNIW~ CASE 91-37 Item 8.2 New Hope City Council Page 3 Mr. McDonald continued byexplaining that the property has an irregular, four-sided "pie shape" due to its location on a cul-de-sac, which makes the rear yard narrow at the southwest corner. There are dense areas of trees to the west and north that provide a buffer to screen the porch from the homes most impacted. The existing structure meets all yard setback requirements. The Planning Commission reviewed the case on February 4, 1992, and approved a 13-foot rear yard setback variance due to the irregular shape of the property, subject to the following conditions: 1) Revised elevation drawings be submitted' to clearly illustrate that design of porch and building materials will be consistent with existing home. 2) Prior to construction an "as-built" survey will be submitted to verify setback and lot to be staked by surveyor at time of building permit application. Mr. McDonald provided a sketch of the proposed porch. Mayor Erickson inquired whether the petitioners were present. Mr. McDonald reported they were not present. Councilmember Enck pointed out that according to the sketch, it appears there will be no siding on the proposed porch but rather mostly glass (eight patio doors). He stated he would recommend approval of the variance subject to the roof of the porch matching the existing house roof. Councilmember Enck introduced the following resolution and moved its adoption: 'RESOLUTION APPROVING PLANNING CASE 92-02 REQUESTING A VARIANCE TO ALLOW CONSTRUCTION OF A THREE-SEASON PORCH AT 3433 GETTYSBURG AVENUE NORTH (PID J19-118-21 22 0037) SUBMITTED BY NICHAEL/THERESE GRAY". The motion for the adoption of the foregoing resolution was seconded by Councilmember Otten, and upon vote being taken thereon; the following voted in favor thereof: Erickson, Enck, L'Herault, Otten, Williamson; and the following voted against the same: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. Mayor Erickson introdUced for discussion Item 8.2, Planning Case 91-37, Request for Two Conditional Use Permits to Allow a Convenience Store with Gasoline and Outdoor Sales, a Rear Yard Setback Variance, and Site/Building Plan Review/Approval to Construct.a New Service Station at 6144 West Broadway (PID #05-118-21 21 0035), Super America Group, Petitioner. Mr. Donahue, City Manager, requested permission to convey background information to the audience regarding this February 10, 1992 planning case. He stated he will also explain how the Council makeS d~Ci~ions relating to planning cases. He indicated at the Planning Commission there were several residents from the area opposed to the Super America station. He stated whatever decision the Council makes must be based on law and ordinance. Their decision cannot be based upon whether they like or dislike something, especially in a planning case. He noted in planning cases there is usually a winner and a loser in that somebody gets something and somebody does not get something. In this case Super America may or may not get a permit. Based on the Council's decision, Super America and/or the residents may petition the Court to review the Council's decision; therefore, any decision the Council makes must be based on law and ordinance. They cannot arbitrarily make a decision on whether they like or dislike something. Mr. Donahue pointed out that approximately four years ago, the City Council, the Planning Commission and city staff urged the developers (Broadway LaNel) to purchase this property. He reported that the developers were made aware that some day a gas station would be constructed at the location. He noted that since the property is zoned for a gas station, the Council does not have authority to deny the use. However, the Council can make rulings regarding the requests made by Super America for a conditional use permit and a variance. He repeated that the Council and Planning Commission did urge Broadway LaNel to purchase this property knowing that the residents would probably be against a gas station on that site. Mr. Kirk McDonald was asked to present the facts regarding the Planning Case. Mr. McDonald stated the petitioner is requesting a conditional use permit to allow a convenience store with gasoline, a conditional use permit to allow outdoor sales, a rear yard setback variance, and site/building plan review/approval to allow construction of a new service station. Super America is proposing to demolish the existing vacant gas station at the southeast intersection of West Broadway and 62nd Avenue and construct a 2,200 square foot gas station/convenience store with gasoline. The plan includes a new 60' x 3g' masonry building with awning, 74' x 36' canopy, new identification/directional signs, new trash enclosure, two concrete pump islands, new site landscaping, new curb cuts and elimination of non- conforming curb cut on 62nd Avenue, restriped parking area and loading zone, and new site lighting. The petitioner originally requested 24-hour operation (city code limits hours of operation from 6:00 a.m. to 12 p.m. unless extended by the City Council). New Hope City Council Page 4 February 10, lgg2 New Hope City Council Page 5 Mr. McDonald noted that the planning case has been on- going since October of 1991. He further explained that the original requests were considered at the December Planning Commission meeting and residents of the Anthony ~-~ James Apartments submitted a petition opposing the proposed Super America, citing concerns about increased traffic, noise, crime, hazard to school children, 24-hour operation and impact on loss of other small businesses in the area. The Commission tabled the case and requested that Super America meet with the neighbors to address their concerns, provide traffic data to the City and make minor plan revisions. Super America met with a group of residents from Anthony James and Broadway Village Apartments in December and withdrew the reouest for 24- hQ~r ooeration as a result of the meeting. This case was considered again at the February 4th Planning Commission meeting and prior to the meeting two additional petitions (from Woody's Superette and Broadway Village Apartments) were received as well as a number of letters from persons in opposition to the new Super America Station. The items being requested by Super America include: A) A conditional use permit for a cQnvenience store with gasoline (the B-3 zoning district does allow a gas station as a permitted use) B) Conditional use permit for exterior sales (for items such as windshield washer, charcoal, etc) C) A variance to the rear yard setback requirement. The rear yard setback requirement for the property is 356 feet and the building would be located 18 feet (at the closest point) from the south area yard property line, thus a 17-foot variance is needed. D) The site/building plan review/approval is required for the erection of any new building in the City. Mr. McDonald pointed out that the majority of the conditions for the CUP for convenience store with gasoline are met with the exception of "area". City code states that the site should have "a minimum lot area of 22,500 square feet and minimum lot dimensions of 150 ' x 130' The City Council may exempt previously developed or previously platted property from this requirement provided that the site is capable of adequately and safely handling all activities and required facilities." The minimum street frontage dimensions are met, but the area requirement is slightly under the 22,500 requirement as the property contains approximately 19,200 square feet. Staff originally recommended approval of the request mainly due to the fact that the site is zoned for an auto- oriented use and staff felt that a new development would be a significant improvement over the existing vacant building on the site. Staff did express a concern at the Planning Commission level regarding the outdoor sales. It February 10, 1992 is felt that it may set a precedent and may present a cluttered appearance, at the site. He explained that since the 24-hour operation request is being dropped, staff questions the practical application of outdoor sales since the items would have to be hauled in/out of the building twice per day. On February 4th, the Planning Commission recommended denial of the request (5/3 vote) stating the variance request was unacceptable. Subsequent to the Planning Commission meeting, Super America has submitted new plans which do not require a variance. Super America is now requesting that the Council consider either the original plan or the revised plan which eliminates the need for a rear-yard setback requirement. Renderings of both the original and revised plans were illustrated to the Council and audience. Mr. McDonald indicated that staff favors the original plan since it is more a more aesthetically pleasing building with the corner cut and the number of glass panels. Therefore, due to the aesthetics of the building and because there was such a large distance (222') from the SuperAmerica to Anthony James Apartments, staff felt the variance was justified. However, the Planning Commission did not feel it was justified so Super America submitted a new plan which shows they can construct a new building on the site and meet the rear yard setback requirement of 35' but the aesthetics of the building would change. He noted the revised plan contained a square box-like building. Councilmember Enck clarified that Super America has an interest in developing on this site with or without the variance. He stated the convenience store use does require approval by Council. Mr. Enck indicated there is a trade-off in aesthetics between the two plans. Mr. McDonald stated one of the options in the zoning code indicates that a variance can be granted if there is a hardship to the property (narrowness or shallowness of property or topographic or water conditions). Mr. McDonald showed the landscaping plan which has been revised several times. He stated the revised plan has landscaping along the east side and south property line to buffer headlights, noise, and congestion caused by the station. Councilmember Enck pointed out that this lot is considered "left-over" property and there would be a hardship to get New Hope City Council Page 6 February 10, 1992 a reasonable development not only on this lot but on a number of other vacant parcels throughout the city. The Council discussed the outdoor storage request. Mr. Donahue reported that the items Super America intends to have located outside include pop, windshield washer, and dog food, and are not typical gas station items. Councilmember Enck commented that historically the City has not allowed outdoor storage. Councilmember Otten questioned whether the Holiday Store on 36th Avenue has outdoor storage. Mr. Donahue replied that it does not have outdoor sales. Councilmember Otten asked Mr. McDonald to elaborate on the change in plans and how it affects the structure. Mr. McDonald showed the building with the variance and explained that it would have the glass front and the corner cut. The revised plan (without the variance) would be located farther north and would be more of a box-like structure similar to other SA stores. He stated staff felt the store proposed for New Hope in the original plan was quite unique. Councilmembers Otten and L'Herault inquired whether the size of the two buildings are similar. Mr. Michael O'Donnell, Design and Construction Department of Super America, was recognized. He stated approximately six months ago he was directed to devise a design that meets the-design parameters of 1) unique architecturally pleasing building; and 2) to direct activity toward the corner of the intersection (northwest). He explained that a building could be constructed on the site without a variance and it could be approximately 500 square feet larger than what was proposed originally. Mr. O'Oonnell called attention to the proposed "corner check-out" building stating it would be of masonry construction, the blue awnings would be illuminated, and the SA logo would be at the peak. He also explained the landscaping plans for the east side consisting of techny arborvitae (coniferous tree-like shrubs) and additional junipers have been added to improve the screening effect. Junipers have also replaced lilacs on the south side for improved screening. Mr. O'Oonnell stated Super America prefers the corner check-out plan since it directs activity toward the corner and it allows parking in front as well as on the southern New Hope City Council Page 7 February 10, 1992 portion compared to the other plan where all parking would begat the southern portion. Councilmember Enck initiated discussion regarding the communication system used from the pump islands to the office. Mr. O'Donnell explained that the federal government requires communication with customers at the pump islands. He noted that the volume can be reduced. He introduced Mr. Bill Bail, SA zone manager, who would be capable to address questions relating to operations. Councilmember Enck commented that often times he receives a message from the SA employee: "Go ahead on Pump 3", when in fact he has already begun pumping gasoline into his vehicle. Mr. Bill Bail, Zone Supervisor for SA, was recognized. He explained that this is a method used to control the islands and to prevent customers from not paying for gasoline. He pointed out that this acknowledgement tothe customer makes them 'believe they are being closely attended. He stated the speaker system cannot be totally eliminated but Super America is more than willing to install a governor of some sort onto the speaker system which would automatically reduce the volume at an agreed upon time. Councilmember Enck questioned security measures. He also asked if SA experiences problems with litter such as oil containers and candybar wrappers. Mr. Bail responded that at least two employees are on duty and there are cameras, hold-up alarms, and remote buttons. He indicated litter will occur and as a zone supervisor, it is his responsibility to see that it is does not blow all over the neighborhood. He stated SA personnel patrols the neighborhoods to pick up trash a few times per week. He also explained the neighborhood clean-up program in which coffee and donuts as well as trash bags are PrOvided free to neighborhood block clean-up groups. Councilmember Enck asked Mr. Bail if the outside storage is purely psychological or whether it is a financial need. Mr. Bail stated there is some financial concern. He explained that there are some detriments to storage of certain items such as fertilizer. He noted that when bulk items such as charcoal, windshield wash, and anti-freeze are put on sale outside the store, the large quantity does have a psychological selling factor to customers. He noted the bulk items would be placed on two-wheel carts for easy movement in and out of the store. New Hope City Council Page 8 February 10, 1992 Mayor Erickson informed Mr. Bailthat the City Council typically prohibits allow outdoor storage due to aesthetic reasons. Mr. Bail stated if New Hope does not allow outside storage of displays, Super America will adhere to its wishes and not store items outside. Next, Mayor Erickson asked whether Super America is agreeable to the $ a.m. to 12 p.m. hours of operation. Mr. Bail affirmed that SA will agree to those hours for this new store. Mayor Erickson noted that he favors the corner check-out building since it is a more attractive building and will dress up the corner. He expressed empathy for the other two similar businesses near this site; however, he explained that the Council cannot deny a development just because it is competition and it cannot practice protectionism. Mayor Erickson recapped the major concessions made by Super America: 1) no outside storage, 2) reduced hours of operation, and 3) reduced speaker volume at 8 p.m. Councilmember Williamson inquired whether Super America has considered the site for a gasoline operation only. Mr. Bail responded that they have not done so. Councilmember Williamson inquired whether the type of products carried by Super America would differ depending on the choice of building plan. Mr. Bail stated the products would be similar; however, the plan without the variance in which a square building would be built could carry a larger selection of product since it would be slightly larger in size. Councilmember Williamson asked Mr. Bail to respond from a marketing standpoint on how SA believes this corner will be successful. Mr. Bail responded that there is sufficient traffic in the area and there is no Super America in New Hope on the north end. He stated persons traveling on Broadway and turning on Bass Lake Road don't make it to the SA store located further down on Broadway. He also noted that the SA store on Broadway is a successful operation. Councilmember Otten asked whether Mr. Bail anticipates any special requirements in terms of signage. He noted that New Hope has a rather restrictive sign ordinance. New Hope City Council Page g February 10, lgg2 New Hope City COuncil Page 10 Mr. Bail indicated that they are complying to the sign code. He also noted past experiences where Super America developed friendships with apprehensive neighbors. He stated he understands the concerns made by Woody's Superette but feels there is enough.business for SA to be located on the corner and for Woody's to remain a viable business. Councilmember Otten stated past studies indicate that a convenience store of this nature does not generally generate more than 15 percent of additional traffic. He asked whether Mr. Bail believes that to be a correct estimate. Mr. Bail indicated he was asked that same question at the Planning Commission and Super America is relying on the information provided indicating there is approximately 11,000 vehicles traveling in the area. He stated there will be some diversion; for instance, persons previously traveling on 63rd may now travel on 62nd but it will be an insignificant amount. Councilmember L'Herault pointed out that even with the large Super America on 36th and Winnetka there are still two other gas stations on the other corners. He questioned compliance to the sign code. Mr. L'Herault also asked whether the canopy facia will radiate excessive light. Mr. O'Donnell explained that generally the canopies have the "SA" on it but because of New Hope's sign code, the plan contains Super America wording only. He stated there are two sets of fluorescent tubes that run through the facia and there isn't much light as a direct result of the canopy. He stated the area lights are 16 feet high with an 8 foot arm with lighting focused downward. He stated with the lights directed downward they should not shine into the neighboring lots; however, if there are problems, shields can be placed on the lights. Councilmember L'Herault commented that noise of the speaker system can be carried a long distance especially on a quiet summer's night. Mr. Bail again expressed the willingness to install a governor on the communication system during a specific time period. Mayor Erickson advised that if the project is approved, he would recommend an 8:00 p.m. setting for the .volume reduction. Councilmember Otten inquired whether the higher volume is even necessary during the day or if the lower volume could be a permanent setting. February 10, 1992 Mr. Bail stated he will review that possibility. He noted that the governor costs approximately $700 and would only be purchased if it is a necessary expense. He noted that ~-~ during winter months there are few noise complaints. Mayor Erickson inquired whether a landscaping plan had been submitted. Mr. Donahue affirmed that Super America has submitted a plan and the Planning Commission has reviewed it. Councilmember Williamson inquired of the number of employees. Mr. Bail stated there will be a approximately 10 (a manager, an assistant manager, 6 part-time people, and 2 full-time people). Mayor Erickson invited the audience to comment on the issue. Ms. Karen Walders, representing Lang-Nelson (the management company for Anthony James and Broadway Village Apartments), was recognized. She noted there is a mistaken assumption that the people living at the apartment complexes are opposed to having a gas station at the location. She clarified that what they are opposed to is having the combination gas station/convenience store since they strongly believe it will increase traffic on the corner. She expressed concern of increased traffic accidents as a result of increased traffic on West Broadway. She pointed out that Broadway Village has two driveways that access West Broadway and Anthony James Apartments has only one driveway and that would be directly next door to the Super America Station. Ms. Walders also expressed safety concerns for children who play at the nearby school. She spoke regarding crime and referred to a comment made by Super America that there is less crime with a 24-hour operation. She indicated that it appears the business will not be a 24-hour operation; therefore, there is a risk of increased crime in the area. She conveyed the residents' concern regarding noise even though governors may be placed on the communications system and also noise resulting from semi trucks during the filling of fuel storage tanks. Ms. Walders stated the majority of the residents at Anthony James and Broadway Village Apartments are senior residents who have lived there longer than the average homeowner. She noted the 800 signatures on the petitions represent persons opposed to the combined gas station/ convenience store operation. New Hope City Council Page 11 February 10, 1992 Mayor Erickson noted that filling stations can only be successful if they handle mechanical work. He noted that outside storage of automobiles to be serviced would probably be more offensive than a convenience store. Councilmember L'Herault questioned the "increased crime" issue. Ms. Walders stated the residents are concerned with vandalism and with the customers attracted by Super America stores. She stated it may be a temporary gathering place for teenagers and result in increased litter. She agreed that Super America runs a clean operation but there are some things that Super America cannot change: certain things such as increased traffic and the increased number of kids coming into an "elderly" neighborhood. Councilmember L'Herault indicated that he does not believe it is a crime for young kids to gather in a particular location. He asked how the Super America operation will differ from the business across the site as far as attracting teenagers. Ms. Walders responded that the station across the street is a smaller business and does not offer the selection or have the size of parking lot proposed by Super America. Mayor Erickson stated Super America's investment is quite high and he does not believe they will tolerate loitering. Mayor Erickson noted that if the planning case is approved, it does not mean that future problems will not be addressed. Ms. WalderS indicated the one thing that will never be solved is the increased concentration of the traffic and the driveway which would be located next to the Anthony James Apartments. Mr. Steve Sondrall, City Attorney, pointed out to the Council that the only factual information in the record before them is a January 15, 1992, traffic report prepared by Barton-Aschman Associates which indicates that there will be no significant amount of traffic for this neighborhood as a result of the construction of the Super America. The report has been submitted bythe petitioners and the Council is free to rely on the report or to request another report. He also noted that the residents from the neighborhood may submit a rebuttal report. Mr. Sondrall stated from a factual point of view according to the record tonight it does not appear that there will be a significant amount of increased traffic. New Hope City Council Page 12 February 10, 1992 New Hope City Council Page 13 Mr. Chuck Brooks, owner of Woody's Superette, addressed the Council. He reported that if Super America is allowed to build across the street, he will clearly be forced out of business. He informed the Council that small independent operations cannot survive against big oil operations such as Fina and Amoco. He noted that he purchased the site from Food & Fuel. He questioned the economic practicality of this site for Super America. He stated the Council has the right to deny the setback variance and also to deny the conditional use permit to allow a convenience store. By not allowing the convenience store, Super America will not build on the site. He stated he even offered to sell his business to Super America. He does not believe there will be enough traffic to support this location. Mr. Brooks cited former similar businesses which were unable to survive in the area: PDQ, Food & Fuel, KO, and Tom Thumb. He requested the Council to ask Super America to prove how this corner can support their business. Councilmember Otten expressed his concern for small business. He questioned whether Mr. Brooks is making assumptions which may not be true. He noted that Mr. Brooks has an established business in the neighborhood with a lot of repeat customers. Councilmember Otten questioned why Mr. Brooks feels he would lose those customers. He also commented that if SA does draw more people into the neighborhood, it could actually enhance business for Woody's Superette. Mr. Brooks commented that SA can sell gasoline at any price and will take volume business away from him. He admitted that while the SA will increase traffic, he does not believe it will be enough business to offset SA's high overhead costs. He stated he understands how the SA will enhance the corner property; however, he expressed concern with his property and that he will be unable to sell it. Councilmember Enck clarified that the Council actually does not have the choices as outlined by Mr. Brooks. He commented that precedent has already been set in New Hope by similar situations in which the City granted convenience stores in other locations. He noted it would be difficult to legally defend reasons for denying the request. Mr. Brooks felt the difference may be the small businesses jeopardized by such a store. Councilmember Williamson pointed out two instances in which the City granted convenience stores when there were February 10, 1992 New Hope City Council Page 14 existing similar businesses: 1) the Holiday station on 36th which must have affected business at the nearby PDQ, and 2) theSuper America at 36th and Winnetka which must have affected business at the FINAstation. She stated it would be difficult to present a case for not allowing the Super America store on West Broadway. Hr. Brooks stated he does not believe Super America is determined to build on this site and perhaps would be unwilling to go to Court due to legal expenses. He feels SA has the financial means for legal expenses if they are still interested in pursuing the property. Mr. Sondrall clarified the Council's role in considering the application for a conditional use permit. He stated the code sets out 18 conditions which must be considered when dealing with this application. The Council's function is to review that code section to determine if all the conditions which apply to this convenience store/gasoline operation are met and to make a determination based on the facts. He reported that if the Council determines that the conditions are met, then it has no choice but to grant the conditional use permit since to do otherwise would be arbitrary and compressive and would be grounds for a court to overrule the Council's legislative decision. He explained that there are other items to consider over and above the specific conditions set out in the code such as reasonable conditions that may promote the provisions of the City's comprehensive plan and zoning code. Hr. Sondrall summarized that it appears that the property is zoned properly for a gas station and convenience store and the information submitted by staff indicates that it is compatible with the surrounding land-use situations. He continued by stating that the Council may not have much choice in whether to grant the CUP or not. However, if it finds there are things that are violative in the comprehensive plan, zoning code, or specific conditions for the conditional use permit, then the Council may deny it. Regarding the variance request, Mr. Sondrall indicated that if the Council finds there is a non-economic hardship for the variance then it can grant that variance and in fact probably should grant that variance. He referred to Councilmember Enck's previous statement regarding the platting issues and agreed that the lot size may be considered a non-economic hardship and sufficient basis for the Council to approve the variance. Mr. Sondrall noted the one thing that should not be taken into consideration is the impact it will have on other businesses within the community since that is not something legislated in the City code. February 10, 1992 Mr. Brooks inquired why the Planning Commission questioned the impact a Super America store will have on other businesses if it has no bearing. He stated he felt the Planning Commission denied the case because the residents were against it and they did not feel it was a needed business. Mr. Sondrall explained that the minimum lot size requirement in the city code does not apply to already developed or already platted property as is the case here. Mayor Erickson commented that the Council would like to be fair to the residents, developer, and business owners. He pointed out that it is difficult to serve on the Council and hear comments from small business owners and yet the size of Super America cannot influence the Council's decision. Mayor Erickson referred to Councilmember Otten's previous statement reminding Mr. Brooks that his business may not suffer the consequences he is anticipating. He cited situations where a new restaurant actually improved business for an existing neighboring restaurant. Mr. Brooks offered to gather data showing the effect Super America stations has had on small similar businesses. Mr. Mark Montgomery, 7307 62nd Avenue North, was recognized and spoke against the Super America station. He advised that the neighborhood believes the development will increase traffic and will affect the adjacent apartment complexes which for the most part have been outstanding. He questioned what will happen if the senior citizens and property owners are driven out of the neighborhood and whether the Council desires a rundown neighborhood such as those in North Minneapolis. Mr. Montgomery indicated he does not believe SA will work in the long-term. The gas station and the convenience store across the street will both be forced to close; therefore, two buildings will be vacant rather than one. He believes the station will increase traffic and jeopardize safety for persons commuting to the park and school. He explained that he would prefer an independently owned full service gas station with car repair or a business that would "give back" to the community. He commented that if the project is approved, the Council will be sending the message out to the City of New Hope that it is siding for big business instead of the neighborhood. Mr. Montgomery also expressed concern regarding increased crime and traffic as well as the safety of children. He requested the Council to listen to the neighborhood and to New Hope City Council Page 15 February 10, 1992 CLOSE #EARII~ New Hope City Council Page 16 consider the wants of the residents by voting against the project. Mr. Mike Pulloch, operator of Woody's Superette, was recognized. He commented that all three businesses will not survive and the gas margins are such that if any volume of sales are lost, the existing businesses cannot survive. He questioned the need for another gas station and requested extension of the meeting to continue the discussions. He raised the issue of receiving proper notice of the meeting. Mr. Sondrall clarified that the public hearing was at the Planning Commission and notice was duly published; in addition, notices were mailed in the neighborhood. He indicated those persons at the Planning Commission were informed of the Council Meeting date, and additional published or mailed notices are not required. Mayor Erickson thanked the audience for their comments. He indicated the comments made are all valid; however, the fact that Super America is a large corporation cannot influence the Council's decision. He indicated the property has been zoned for a gas station for many years and legally the Council has little control over stopping a gas station operation on that site. He expressed empathy to the business owners and residents of the area who may be against the project. He did point out that part of the Council's responsibility includes obtaining realistic and attractive businesses such as the one offered by Super America. Mr. Pulloch stated he hopes that some day someone will stand up for the small business people rather than allowing the corporations to keep taking over control. Mr. Donahue stated the Council should close the public hearing if all public testimonies have been heard. He advised that as pointed out by the City Attorney, there are numerous facts and he recommends that the item be continued so that staff may prepare resolutions both in support and against the project identifying the facts and both sides of the issue so that the Council can properly consider them. Motion was made by Councilmember Enck, seconded by Councilmea~aer L'Herault, clest~ the ~lic hearing an Planni~ Case gl-37, Request for Two Conditional Use Permits to Allow a Outdoor Sales, a Rear yard Setback Variance, and Site/Building Plan Review/Approval to Construct a New Service Station at $144West Broadway ~05-~18-2! 2! 0035), SuperAmerica Group, Petitioner. All present voted in favor. Motion carried. Councilmember Enck clarified the items being requested by February 10, 1992 ROTION 1992 STREET SURFACE EVALUATION (l#P. PRO0. ~485) Item8.3 New Hope City Council Page 17 Super America: 1) conditional use permit for a convenience store 2) rear yard setback variance 3) site/building plan review Councilmember Enck questioned the need for an annual inspection. Mr. Oonahue explained that if outdoor storage is allowed, an annual inspection would be a typical condition. Councilmember Enck noted that the City has a history of not allowing outdoor storage and he does not wish to break that precedent. The Council discussed the outdoor storage request and for the record asked a representative from Super America to formally withdraw that request if it is their intention. Mr. Bill Bail confirmed that Super America is agreeable to the hours of operation from 6 a.m. to 12 p.m. and is agreeable to adhering to the City code of no outdoor sales. He withdrew the request for outdoor storage. Mr. Bail did advise that if the City provides permits for occasional outside displays, they would be interested in obtaining such. Motion was made by Councilmember Enck, seconded by Councilmember Otten, t~~..~llaatngCase 91-37tostaff for findings of fact ta'~~*{dered at the February or Rarch g, 1992, Council Reettng. All present voted in favor. Motion carried. A question from the audience was raised as to whether the Council takes into consideration the decision made by the Planning ,Commission. Mr. Sondrall informed the audience that the Planning Commission is an advisory body for the City Council in that their recommendation is an advisory recommendation that can either be rejected or accepted by the City Council. He continued by stating that while the Planning Commission certainly has a good deal of credibility, its recommendation has no persuasive authority in connection with the City Council's decision. Mayor Erickson introduced for discussion Item 8.3, Resolution Accepting Preliminary Report on 1992 Street Surface Evaluation, Improvement Project No. 485; and Ordering Preparation of Feasibility Report on Improvement. Mr. Mark Hanson, City Engineer, stated the 1992 street surface evaluation report has been completed and includes surface and strength evaluations of each street. He February 10, 1992 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPZN COUNTY, MINNESOTA ~BRUARY 4, ~992 CALL TO OP3)ER The meeting was called to order at 7:00 p.m. by Chairman Cameron. ROLL ~ALL Present: Zak, Sonsin, Cameron, Gundershaug, Cassen, Friedrich, Underdahl, Lifson Absent: Watschke Also present: Kirk McDonald, Management Assistant; Steve Sondrall, City Attorney; Alan Brixius, City Planner 1-37 (3.2). Chairman Cameron introduced Planning Case 91-37 and called on Kirk REQUEST FOR ~WG McDonald, Management Assistant, to review the case. Mr. McDonald CONOXTZONAL noted that the case had been before the Commission in December and PERMITS, REAR was tabled at that time for review of a number of issues, including YArD SETBACK concerns of the residents in the area. He added that the City has VARXANCE, SXTH/ received correspondence and petitions from residents in the Anthony BUTZ3)ING PLAN / James and Broadway Village Apartments and from Woody's Superette APPROVAL, 6144/ objecting to the request, and recommended that all petitions and WEST BROADWAY/ corr..pond.nc, be entered into the record. He review.d th. i..ue. discussed with the petitioner at the January 16th Design & Review ................................. ~ meeting, such as traffic analysis, increased landscaping on the south and east sides, distance to adjacent structures, height of outdoor sales items, and neighborhood meeting between residents and Super America, and as a result of that meeting Super America has submitted revised plans. As a result of a December 17th meeting with the residents Super America notified staff that they were withdrawing their request for 24-hour operation. He highlighted two points from Super America's traffic data report which noted that convenience stores with gas pumps do not generate significant new traffic volumes on the street system and that approximately 87% of the traffic entering and exiting the convenience store with gas pumps is already on the street passing by the facility. He called attention to the tope map showing the distance between the station and the Anthony James apartments as 222'. He referred to staff's concern regarding-outdoor sales items and added that the petitioner has provided a site plan with locations for these sales items and has agreed to stack them no higher than 4 feet. He noted that the City Manager has a concern about how outside sales will impact the appearance at that corner. Michael O'Donnell, Architect for Super America, spoke about meeting with the neighborhood residents to hear their concerns which resulted in the withdrawal of the request for 24-hour operation and the change in plantings to provide more ~border screening. He present~ a concept sketch and a revised landscaping drawing. He noted that the outdoor displays would probably be limited since it would have to be hauled out in the morning and back in at nigh= under the limited hours of operation. Mr. Bill Bahl, Zoning Supervisor for Super America, introduced himself and noted he would answer questions. Commissioner Gundershaug noted that changes for additional land- scaping as suggested by Design & Review were satisfactorily carried out, but his main concern is the handling of outdoor sales items. Mr. Bahl noted that they keep some items outside because they do not mix well with items inside the store, such as lawn fertilizer in the spring and charcoal in the summer, both being bulky items, and he added that items on sale, such as anti-freeze, oil, wind- shield washer move better if displayed than stored. He indicated that items would be on carts to be moved in and out, with the exception of water softener salt which is too bulky to move but would be covered with a tarp at night. He added that they would discontinue selling water softener if sales did not warrant it. New Hope Planning Commission -1- Fabrua~y 4, ~92 Commissioner Underdahl asked that the crime issue be discussed a little more thoroughly as residents had expressed fears of increased crime since the closure of one store in the area. Mr. Bahl replied that a well-lit facility would tend to drive crime away as there is nothing to attract persons to hang around there, no games, etc., and noted that they monitor their lots, and do not permit loitering. He added that the hub-hub of a gasoline station has a tendency to discourage loitering. Commissioner Cameron asked if there is enough traffic there to justify the investment and if so where does it come from and can the facility survive in a residential neighborhood. Mr. Bahl answered that they would not be building there if there wasn't the potential on the street for business, and cited several neighborhoods throughout the metro area that successfully support this typo of operation in a residential area. Chairman Cameron wondered if the facility will be owned and operated by Super America and Mr. Bahl confirmed that they no longer franchise =heir stores. Commissioner Underdahl expressed concern regarding the increased traffic on 62nd Avenue and the hazards for the children walking from the school and playground. Mr. Bahl commented that they do not anticipate any additional traffic than what is there~ already. He noted that at some facilities they have put Up'"no left turn" signs to direct traffic and they would entertain that idea here if they found a problem. He added that their greatest business is in the evening after the schools have closed. Chairman Cameron called for input from the audience regarding the case. Mr. Mark Montgomery, 7307 62nd Avenue North, addressed the Commission and stated that he lives 3 lots down from where the facility is to be built. He expressed his concern for the children that go to play at the school playground and the park after school hours, his concern that the neighborhood cannot support another gas station or convenience store, and a concern that crime in the area has increased in recent years. He emphatically stated his hope for the City to listen to the neighbors who oppose this facility being built. Karen Walders, representing Lang-Nelson, owners of the apartment building, stated she had addressed the Commission in December and has since met with a group of the residents from Anthony James and Broadway Village and representatives from Super America, but does not feel that their concerns have been alleviated. She commented on the increased traffic, noise level, and~bright lights that will effect the apartment residents. She noted the petitions that have been filed against the request and expressed hope the Commission would hear what the signers were saying. Mr. Chuck Brooks, owner of the property where Woody's Superette is located and representing Woody's, reported that he had also spoken to the Commission in December and expressed his concern =ha= Woody's would be put out of business by the addition of Super America in the neighborhood. He noted two other units that had closed as the neighborhood cannot support two of the same types of business. He expressed the opinion that the neighborhood would be left with another eyesore building across the street if Woody's was forced to close. No other comments was forthcoming from the audience. Chairman Cameron then expressed his belief that although no add~tional traffic might be generated, the neighborhood traffic would be concentrated on that corner. He expressed his opinion that it was too big an operation for the size of the proper=7, since a 50% setback variance is being requested to build there. Now Hope Planning Commission -2- February Commissioner Underdahl expressed the opinion that the concerns of the neighbors have not been truly addressed. MOTION Motion by Commissioner Gundershaug, second by Commissioner Cassen, for approval of Planning Case 91-37, subject to the conditions: 1. Annual inspection for CUP as required by staff. 2. Performance Bond be required for site improvements including Landscaping, curbing, and retaining wall. 3. No 24-hour operation. Voting in favor: Caslon, Gundershaug, LiSsom Voting against: Friedrich, Sonsin, Zak, UnderdahL, Cameron Absent: Watschke Motion denied. Chairman Cameron informed the petitioner that although the Commission has not recommended approval, the request will be forwarded to the City Council for a hearing on February 10, 1992. PC 91-42 (3,2) REQUEST FOR SITE/BUILDING PLAN APPROVAL, CONDZTZONAL USE PERMITS, SIDE YARD SETBACK VARIANCE, 3535 WZNI~ AV X Chairman Cameron called for Planning Case 91-42 and noted that there was a request to table. MO~ION Motion by Commissioner Gundershaug, second by Commissioner Sonsin, to table Planning Case 91-42 for one month. Voting in favor: Zak, Caslon, SOnlin, Cameron, Gundershaug, Friedrich, Underdahl, Lifson Voting against~ None Absent: Watlhcke Motion carried. PC 92-02 (3.3) Chairman Cameron called for Planning Case 92-02 and Kirk McDonald REQUEST FOR outlined the request for a variance to the 3S-foot rear yard VARIANCE TO 35- setback requirement to allow construction of a 14' x 16' (224 FOOT REAR YARD square feet) three-season porch on the southwest side of the SETBACK TO existing home in the rear yard at 3433 Gettysburg Avenue North. He ALLOW CONSTRUe- noted that there is an existing deck there and the request is to TION OF TH3tEE- construct a porch on top of the deck which will be located, at the SEARSON PORCH closest point, 22 feet from the rear yard property line. He 3353 GETTYSBURG pointed out that the property is irregular in shape because it is AVENUE NOR~ll located on a cul-de-sac, but the existing structure does meet all the required setbacks and staff does concur that there is a hardship because the home cannot be expanded elsewhere. He called attention to the topography and screening of the area as shown on the new topography maps which the City has recently secured. Michael Gray, petitioner, was present to answer questions, but the Commission had none. MOTXON Motion by Commissioner Sonsin, second by Commissioner Zak, to approve Planning Case 92-02 subject to conditions: 1. Revised elevation drawings be submitted to clearly illustrate that design of Porch and building materiaLs wiLL be consistent with existing home. 2. Prior to construct£n an *'as-buiLt' survey be submitted to verify setback and lot to be staked by surveyor at time of building permit application. Gundershaug, Voting in favor: Zak, Caslon, Sonsin, Friedrich, Underdahl, Lifson, Cameron Voting against~ None Absent: Watschke Motion carried. New Hope Planning Commission -3- February 4, 1992 (3.2) Clta~ Cameron £ncroduced PlannLng Ca~ 01-32 ~d ~. ~c~ona~d ~~~LC~L~, convaleicenc ~s, rest h~e, n~wLng h~ , ..... Co o~ rev baeLng ~k~ng s~w on c~ n~r of ~1~ er~eo ia g P ~. ~~ Co conC~r~ ~Y c~e cenCecm vhLch may nec provide ~~1 ~s ~ol. C~e n~r o~ students e~o~l~. The PLying ~nwulCanc ~ has eu~ ~her c~nLC~ee ~y ~e p~k~ng r~ac~one and c~LnatLon ~.n~r of ~loy~ and e~o~nC ca.cloy ~or day c~o centers, ~8ch~o, ~d ~8e~ ech~L8 vhLch Lo rrm ~nvalewce~d rel~ a~Ly ~o conc~r~CUe_cen~l~I. wcrLn~nC r~Lr~nC ~ Lc ~s znco conwznerac~n ~n- ~ve~nC of ~r~wC~g amy c~e centers. ~sw~oner rr~~ ~w~ agr~nC v~Ch ~he decision ~or ~ro wcr~enc wc~d Mca~Che day cue buw~neee ts d~e~op~ng so rapLdLy. ~ ChaL~ C~ro~eec~on~ wca~aw to C~. n~r o~ ~r~-~C~d~ c~rcLal dm~C~O centers Ln~~y t~aC ~e 8c~am ~uza a~Xy Co. Sch~l vhLch pr~ thinest ts c~ only ~ree- c~rcLaL day c~e center aC ~ent. ~se~one= SonsLn, o~ ~ ~ww~oner fr~r~ch, to Pl~ ~oe 01-33, ~ ~e ~~ ~e I~ Hope ~ ~ MLs~ ~ Off-ltmt fmr~ ~~nts for Day ~tero · ~otLa~ ia favors Sak, Ioneia, Cimron, OundorslLaug, er4odr~cb, ...'LLfoou, Uuderd&hl Vo~Lng agaiae~, lone ~ Absents C&eeen, Witeoldm . . ~. ~ o~CL~ ~C c~ ~o a n~r o% zssue~ znv~v-~ . ~ 0%~/~~ ~ ~e~. ~ wur~undLnq L~d u~ L8 hLgh-denoLC~ roa~eflc~a ~ ~ ~ ~ Co eM o~e, ~n~or c~t~zen ~ phywLca~y ~Lca~ rew~deflc~a~ ~ I I I V % C B/ .... ~ ..... % --- cea CLty ~cL~ My u~ previously pzacc~ r~rmnC tf t~ elco &cC~v£C~ee and required f&c~l~Ciee. He houri of operation~ clause £n CAe code Which ~c~udee ~LghC ~o 6~00 a.a. un~eee ~d~ ~ C~ C~Cy ~c~. 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O'~ll ~XaLn~ Chat they pl~ to ~ the grote encraflce on c~ ~r racer tb~ ~fl c~e center o~ cae ~nC so as co d~ a~LvLCy Co ~ ~g~e ivey frM CAe ~ronc. -3- Chi~FmiA Cameron ~ndered ~f chore was enough demand ~or · vol~ne iCaC~on ~n Cha~ Area 8Ad ££ LC w~l be I v£&bly economic ~. O'~ell ropl~ ~ha~ ~h~ have n~e= bu~ a s~a~ofl ~hey had ~o c~oee, a~Chough Chey~ughC eM ?-~l icorei ranch they'~ hid Co c~ole. Hi idd~ chi~ choy ~e ~cc~ ~n on~y C~ convenience score across c~ icmc Ln d~e~ c~c~C~on. Cha~ CMron ae~ v~c choy ~ld do LZ Oho C~cy says che~ c~oc have I 24-h~= o~=aCton. ~8u~ of C~ 8~-nLgh~ ~rs, ~d ~n~r~ ~ h~gh cae suedes= oa~e8 Mrch~dL~v~ M 8Cac~ ~d Lf ~ o~ac~ v~ b~ock cae v~n~e ~d Lf Choy cause ~. O'~oLL ~M=~ chic Ch~ tLnd chore La ~ill c=~ Lna 24- identify h~el~, s~ Co the ouCd~r sales ~eoCLon. 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He noCedChe lurroundLng land ~nclude CryeClL and rei~dencL&L Co WlC, ril~denCLll Co talC, warehouses and south, and a I~LLy non-confoFmLng home on west of ~ouLe~an& Ln Ney He celled attention co chi Cbs code zIq~Lte L coemercLiL recreiCLonaL nice Lc on an :rest and LouLeLani Il only L collector vhLch could tLte I CrlffLc IngLne~r'l anllylLi prior dove. or Co illUZl ~l~BenC for luch £f £c vii licit. Hi ixpLaLned Chic DelLgn & Review code Leeuel, pLckLng, I~gn, Landecap£ng, et:. Ind reTLf te veto e~xnLCCed v~Ch all concerns corrected code for eLgn and piurkLng are eeC. ~ ed~ceeeed chi ~eeCLon of youths Lo~Cer~n; ~n Chi and vhiC eeeeuree vouLd be uled co concro~ vhaC would be, and he asked for explanation of .andlC&pLng vLlkvoy acceilLng CAe pirkLng LoC ac and CAe door Chic curtenCly eXilCl. ita~, Grand Slam ~Lve, roplLed Chic Chey have i ptoblelbu~ Che~r :cesta &re CypLcally a Little olde~, CAere vii any would cikl neCell~C~ lillU:tl correc~ L~. He ouCLLned ch&~ddLCLon of 4 blue Ipmce LC cae InC~y roy, CAe lipA&lc v&lbl~.uound cae buLldAng, and explainer Chic CAe plan for CAe overhead d~r ~e Cs milk LC eve: and plier ~o march CAe buLLdLng lo ic il legs obCrulLve. ChaLzuan CiMron wondered i£ caere v~L1 be any~hLng ~ne~de P I iix 2 , PLadl 20 ALLOW CGliPLIZ Il X-I L~MZLm) lliOOlLIX 710! 3I~Z IV,II. CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: Request: Location: 94-12 Request for Variance to Allow Air Conditioning Unit in Side Yard 3352 Boone Circle PID No.: Zoning: Petitioner: Report Date: Meeting Date: 19-118-21 13 0043 R-1 Donald L. Ruch an Harold E. Teigen April 25, 1994 May 3, 1994 UPDATE The petitioner is requesting a variance to the,requirement that air conditioning cooling structures or condensers be located in the rear yard behind the rear building line to allow an air conditioner in the side yard less than ten feet from the property line, Section 4.032(3) - New Hope Code or Ordinances. The purpose of this request is to allow the existing installation of an air conditioner in the west side yard near the southwest comer of the house to remain in place. As previously discussed, the permit clearly states that air conditioners must be located in the rear yard, but this is located in the "official" side yard, even though it is near the rear of the house. The petitioner states on the application that this is the best place for the air conditioner because it is not seen from the front yard due to the topography and is not in the way in the rear yard. The property owner directly to the west at 3350 Boone Circle has written the attached letter stating that they have no problem with the proposed location of the air conditioner and that the location is satisfactory to them. 4. The specific variances being requested are: Ao A two foot variance to the ten foot side yard setback requirement to allow an air conditioner eight feet from the property line, and B. A variance to allow an air conditioner in the side yard. o The existing structure meets all setback requirements with a ten foot side yard setback on the west and a five foot side yard garage setback on the east. The property is pie- shaped with a 63 foot width/frontage onto Boone Circle and a length of 128 feet. Planning Case No. 94-12 April 25, 1994 Page 2 The property is located in an R-l, Single Family Residemial Zoning District and is surrounded by single-family land uses. The topography of the property slopes downward from a from yard elevation to the rear yard. Property owners within 350' of the request have been notified and staff have received no comments on the request. ANALYSIS The purpose of a variance is to permit relief from strict application of the zoning code where undue hardships prevem reasonable use of property and where circumstances are unique to the property. A hardship may exist by reason of narrowness, shallowness, or shape of property or because of exceptional topographic or water conditions. The hardship cannot be created by the property owner and if the variance is granted, it should not alter the essemial character of the neighborhood or unreasonably diminish or impair property values in the neighborhood. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Additional criteria to be used in considering requests for a variance includes the following and the Planning Commission/City Council shall make findings that the proposed action will not: B. C. D. E. Consistem With Purpose of Variance. Be contrary to the purposes of a variance. Light and Air. Impair an adequate supply of light and air to adjacem property. Street Connections. Unreasonably increase the congestion in the public street. Public Safe _ty. Increase the danger of fire or endanger the public safety. Property Values. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to intern of City Code. City Code states that certain structural elemems or equipmem shall not be considered as encroachmems on yard setback requiremems and air conditioners in rear yards are permitted encroachments. However, air conditioners are not allowed as encroachments in side yards, thus a variance is required. Planning Case 94-12 April 25, 1994 Page 3 Section 4.032(3) of the Code, "Accessory Buildings, Uses and Equipment" further states that "no accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a required side yard except for side yards abutting streets and in such case the equipment shall be fully screened from view. This property is an interior lot and the side yard does not abut a street. In 1992, the Planning Commission recommended that the City Council approve an ordinance amendment to the section of the City Code regulating air conditioner setbacks. The amendment addressed the replacement of air conditioning condensers currently located in side yards as non-conforming uses, not the installation of new units, therefore, the amendment is not applicable to this situation. 7. The City code 4.032(3) has two basic premises behind it: A) Noise problems are serious when sleep disruption occurs and health is impacted. An air conditioner placed between houses with bedrooms adjacent is a formula for conflict. The time to consider noise is before placing the noise source. With nearby adjacent buildings and a noise source on the ground, there is the potential for both direct and reflected noise. B) Aesthetic problems with equipment viewed from the front ~treet as unsightly. This matter is routine to solve with shrubbery or a decorative fence between the equipment and the street. The topography of the property and the shape of the lot could be considered as hardships. Also, in this particular situation the unit is not visible from the street and the adjacent neighbor has consented to the existing location. RECOMMENDATION Staff recommends approval of variance to allow the air conditioner to remain in the side yard. The Commission may want to require that several shrubs be installed in front of or around the unit to screen it from the adjacent property. Attachments: Section/Zoning/Topo Maps Site Plan Site Sketch Correspondence from Neighbor CHURCH SONNESYN ELEMENTARY SCHOOL TH HIDDEN VALLEY PARK .L i i I i AVE:. AVl zI ~ 3! ~ NORTHWOOO PARK k~l: JOSEPfl'S CATHOLIC $ONNESYN ELEMENTARY SCHOOL NORTHWO00 PARK BETHEL CEMETERY B-4 R-4 1'2 SUNNY HOLLOW SCHOOL ;, PAR~ B.4 1.1 960.9 X 955. 1 X 4242 33RD ' 952.7 X '956.4 X 951.9 96 .8 × 964 : 953.4 AVENUE 42 957.1 ,~r'l 955.5 958. 7 x Planning Case: Request: CITY OF NEW HOPE PLANNING CASE REPORT 94-13 Request for Code Text Amendment to PUD Area Requirement/Ordinance 94-06, An Ordinance Amending the New Hope Zoning Code by Establishing a Residential/Office PUD Zoning District and Eliminating the Area Requirement for Mixed Use PUD Districts Location: PID No: City-wide Zoning: Petitioner: Report Date: Meeting Date: City of New Hope April 25, 1994 May 3, 1994 BACKGROUND This is a request by the City of New Hope for a code text amendment to amend regulations governing PUD Zoning Districts and Rezoning prOperty, pursuant to Sections 4.29A, 4.192(14) and 4.195(2) of the New Hope Code of Ordinances. Staff is requesting that the Planning Commission and City Council consider adoption of the enclosed Ordinance No. 94-06, "An Ordinance Amending the New Hope Zoning Code by Establishing a Residential/Office PUD Zoning District and Eliminating the Area Requirement for Mixed Use PUD Districts." At the April 5th Planning Commission meeting the Commission recommended approval of the Wrobel request for a rezoning from an R-l, Single-Family Residential, Zoning District to a PUD, Planned Unit Development, Zoning District allow a mixed use office/residential development on the site with office occupancy on the lower level and residential on the upper level. The uses would be limited in size and scope, and enforced through a PUD development agreement contract. Subsequent to the Planning Commission meeting the City Attorney discovered that the PUD Zoning District in the existing Zoning Code had a minimum size requirement of five acres. This obviously would not work for the Wrobel property which contains 16,698 square feet (.38 acres). Staff contacted the petitioner and notified them of the problem and requested that the Council table the Wrobel request at the April l lth Council meeting so that the staff could pursue a code text amendment that would eliminate this area requirement. The proposed code text amendment was presented to and approved by the Codes & Standards Committee on April 21st. If the code text amendment receives favorable consideration by the Planning Commission on May 3rd, both the text amendment and the Wrobel rezoning would be considered by the City Council on May 9th. Planning Case 94-13 April 25, 1994 Page 2 A legal notice has been published for this code text amendment public hearing in the official newspaper of the City. Property owners within 350 feet of the site were previously notified for the rezoning request and do not require another notification for this amendment, as it would be effective City-wide in the designated zoning district. ANALYSIS The attached proposed Ordinance is for consideration by the Planning Commission and City Council in connection with the establishment of a new Residential/Office PUD Zoning District. This Ordinance is precipitated by circumstances involving the mixed use for residential and office of the Wrobel property at 7901 28th Avenue North. The Ordinance establishes a new Residential/Office PUD District. At this time, the district will include only the Wrobel property. Therefore, it will have very limited application. However, there may be other corner lot properties situated on arterial streets with a mixed residential office use that could be rezoned to this district to maintain an existing use like the Wrobel property. (A case in point is the chiropractic office directly across the street from Wrobel.) Section 4.29A of the code would be amended to read as follows: Residential/Office PUD District. The following areas of the City shall comprise the R-O PUD District. This area is distinguishable from the R-O Zoning_ District in that all properties within the R-O PUD District are subject to a development agreement restricting use as a condition to this zoning_ classification. A certified copy of all development agreements shall be ~ed with the County Recorder per Minn. Stat. §462.36. (1) Lot 17, Block 3, Twin Terra Linda. To accommodate this district the City also must amend §4.195 of the Code. Said section imposes a five acre minimmn land area before mixed use PUD zoning is allowed. Obviously, the subject property could not qualify if this requirement remains since it is approximately one-third acre in size. The City Planner concurs that this requirement can be repealed, especially in light of the fact that by maintaining the requirement this section of our Code will never be used. In other words, there are no mixed use land parcels within the City that are five acres in size to take advantage of the Code section as currently written. As a result, if the City desires to utilize this zoning concept to assist with legalizing uses like the Wrobel property, the area requirement must be removed. Section 3 of Section 4.195(2) of the City Code would be amended/deleted as follows: Section 3. Section 4.195(2) "Minimum Project Size" of the New Hope City Code is hereby deleted and repealed in its entirety. Planning Case Report 94-13 [pril 25, 1994 Page 3 This ordinance would also amend Section 4.192(14) of the Code dealing with site improvement agreements to specifically require development agreements for PUD's that deal with other issues besides site improvements. The amendment gives us authority to incorporate use restrictions within the development agreements in addition to required site improvements. This is especially important for the Wrobel request since use restrictions are the only items required in the development agreement. Section 2 of Section 4.192(14) of the Code would be amended to read as follows: S:,te L'..provemcnt Development Agreement. Prior to a rezoning or the issuance of a building permit as part of a Planned Unit Development, the permit, applicant, builder, or developer shall execute and deliver to the C il ........ ~"'~" .......... · development agreement v. *' ' ~-~* ounc a ...... t- ................ t- ...... t,,.~,.~,~ .....:~:.,~ The aereement shall detail all use restrictions and required on and off-site improvements conditional to the PUD rezonin~ or CUP approval. The agreement shall provide for the installation within one year of the off-site and on-site improvements as approved by the CoUncil, secured by a cash escrow or surety bond in an amount and with surety and conditions satisfactory to the City, to insure the City that such improvements will be actually constructed and installed according to specifications and plans approved by the City as expressed in such agreement. The amount of the bond shall be one and one-half times the estimated cost of the improvements as determined by the City Engineer or City Building Official. The Planning Consultant worked in conjunction with the City Attorney on the code text amendment and states in his memo that the basic intent of the amendment is to expand the applicability of the PUD zoning designation within the City. As currently written, the "five acre" requirement is considered highly restrictive and may not be applied to sites of a lesser size for which PUD zoning application would be preferable. As such its deletion is considered positive. Staff supports the Zoning Code amendment which would establish a Residential/Office PUD Zoning District and repeal a minimum lot area requirement for the mixed use PUD District. RECOMMENDATION Staff recommends approval of Ordinance 94-06 as prepared by the City Attorney. Attachments: Ordinance No. 94-06 City Attorney 4/12 Correspondence Planning Consultant Memo Public Hearing Notice Current City Code 3/23 Planning Consultant Report ORDINANCE NO. 94-06 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY ESTABLISHING A RESIDENTIAL/OFFICE PUD ZONING DISTRICT AND ELIMINATING THE AREA REQUIREMENT FOR MIXED USE PUD DISTRICTS The City Council of the City of New Hope ordains: Section 1. Section 4.29A "Residential/Office PUD District" of the NeW Hope Code is hereby added to read as follows: 4.29A Residential/Office PUD District. The following areas of the City shall comprise the R/O PUD District. This area is distinguishable from the R/O Zoning District in that all properties within the R/O PUD District ere subiect to a development agreement restricting use as a condition to this zoning classification. A certified copy of all development agreements shall be filed with the County Recorder per Minn. Stat. §462.36. (1) Lot 17, Block 3, Twin Terra Linda. Section 2. Section 4.192 (14)"Site Improvement Agreement" of the New Hope City Code is hereby amended to read as follows: (14) Sitc Impr;¥cmcnt Development Agreement. Prior to ~ rezonin~ or the issuance of a building permit as part of a Planned Unit Development, the permit, applicant, builder, or developer shall execute and deliver to the Council a citc impr;¥cmcnt development agreement cr Devclv~--m--t vv,,.~A-*r~. ....... ~,vvl~--~, ,, o. The agreement shall detail all use restrictions and required on and off-site improvements conditional to the PUD rezoning or CUP approval. The agreement shall provide for the installation within one year of the off-site and on-site improvements as approved by the Council, secured by a cash escrow or surety bond in an amount and with surety and conditions satisfactory to the City, to insure the City that such improvements will be actually constructed and installed according to specifications and plans approved by the City as expressed in such agreement. The amount of the bond shall be one and one-half times the estimated cost of the improvements as determined by the City Engineer or City Building Official. Section 3. Section 4.195 (2) "Minimum Proiect Size" of the New Hope City Code is hereby deleted and repealed in its entirety. Section 4. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1994. Edw. J. Erickson, Mayor At t est: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the , 1994.) day of STEVEN A SONORALL MICHAEL R LAFLEUR MARTIN P MALECHA WILLIAM C STRAIT CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 PAX (612) 425-5867 April 12, 1994 Mr. Kirk McDonald Management Assistant City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Residential/Office PUD Zoning District Our File No: 99.49406 Dear Kirk: Please find enclosed a proposed Ordinance for consideration by the Planning Commission and City Council in connection with the establishment of a new Residential/Office PUD Zoning District. This Ordinance is precipitated by circumstances involving the mixed use for residential and office of the Wrobel property at 7901 28th Avenue North. The Ordinance establishes a new Residential/Office PUD District. At this time, the district will include only the Wrobel property. Therefore, it will have very limited application. However, there may be other corner lot properties situated on arterial streets with a mixed residential office use that could be rezoned to this district to maintain an existing use like the Wrobel property. A case in point is the chiropractic office directly across the street from Wrobel. To accommodate this district we also must amend §4.195 of our Code. Said section imposes a 5 acre minimum land area before mixed use PUD zoning is allowed. Obviously, the subject property could not qualify if this requirement remains since it is approximately one- third acre in size. The City Planner concurs that this requirement can be repealed, especially in light of the fact that by maintaining the requirement this section of our Code will never be used. In other words, there are no mixed use land parcels within the City that are five acres in size to take advantage of the Code section as currently written. As a result, if we desire to utilize this zoning concept to assist with legalizing uses like the Wrobel property, the area requirement must be removed. Mr. Kirk McDonald April 12, 1994 Page 2 I have also amended §4,192 (14) dealing with site improvement agreements to specifically require development agreements for PUD's that deal with other issues besides site improvements. The amendment gives us authority to incorporate use restrictions within the development agreements in addition to required site improvements. This is especially important for the Wrobel request since use restrictions are the only items required in the development agreement. Please review this enclosed Ordinance incorporating the referenced changes and contact me if you have any questions. Very truly yours, St6ven A. Sondral 1 slt Enclosures CC: Daniel J. Donahue A1Brixius Nor hwe ssociat Consul ants, Inc. U R B N P L NG · DES N · MAR K E R ES E A I~ H TO: FROM: DATE: RE: FILE NO: Kirk McDonald Bob Kirmis/Alan Brixius 15 April 1994 New Hope Zoning Ordinance - PUD District 131.00 94.01- At your request, we have conducted a review of the draft amendment to the New Hope Zoning Code which would establish a Residential/Office PUD Zoning District and repeal a minimum lot area requirements for mixed use PUD Districts. The basic intent of the amendment is to expand the applicability of the PUD zoning designation within the City. As currently written, the "five acre" requirement is considered highly restrictive and may not be applied to sites of a lesser size for which PUD zoning application would be preferable. As such its deletion is considered positive. To be specifically noted is that a Zoning Map amendment will also be necessary to accommodate the rezoning of the Wrobel property. Generally speaking, the draft amendment appears complete and in order. If you have any questions, please do not hesitate to call. pc: Doug Sanstad Steve Sondrall 5775 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636'Fax. 595-9837 ' APR-13-94 NED 18:25 ~'-~'~ P, 02/02 NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING NEW HOPE ZONING CODE BY AMENDING REGULATIONS GOVERNING PUD ZONING DXSTRICTS AND REZONING PROPERTY C~ty of NOw Hqpe. Minnes. o. ta Notice is hereby given that the Planning Commies(on of the' City of New Hope, M(nneeota, will meet on the 3rd day of May, 1994, at 7:00 o'clock p.m. at the City Hall, 4401Xylon Avenue North, in satd City for the purpose of holding a public hearing to consider the a~option of an ordinance amending the New Hope Zoning Code. Said ordinance w11] have the affect of eliminating the 5 acre minimum project size for PUD zoning districts, will allow.use reetrict4one in PUD development aSreements and will rezone Lot 17, Block $,.Twln Terra Linde to the Residential/Office PUD zoning district. Auxiliary aids for persons with disabilities are ava41able upon request at leaQt 96 hours ~n advance. Please contact the City Olerk to make arrangements (telephone 531-5117, TDD number 531-§109}, All per~ons Interested are lnvlted to appear at said hearing fo~ the purpose of being heard with re~pect to the zoning codQ amendment. Dated the 14th day of April, 1994. s/ Valer~e d..L.eone Valerle J. Leone Clty Clerk (Published ~n the New Hope-Golden Valley Sun-Post on the ZOth day of Apr{l~ 1994.) 1 I ! I I ! l I I I I I I ! ! ( C 4.194 C~ercial or industrial Planned unit Development~ CUP Requirements. (1) Purpose. The intent of this section is to establish special requirements for the granting of a conditional use permit to allow co~amercial or industrial PUD pro~ects which are in compliance with the permitted and conditional uses allowed in a specific district in one or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures prescribed in this Code. (2) Frontage. The tract of land for which a project is proposed and a perm2t requested shall not have less than 200 feet of frontage on a public right-of-way. (3) Yard. No building shall he nearer than fifty feet to the side or rear property line when such line abuts an R-l, R-2, R-3, or R-4 use district. (4) Landscapingr Screening and Surfacing. (a) Surfacing. The entire site other than that taken up by structures or landscaping shall be surfaced with a material to control dust and drainage. (b) Drainage A drainage system subject to the approval of the City Engineer shall be installed. (c) Screening and Landscaping. Developments abutting an R-l, R- 2, R-3, and R-4 district shall be screened and landscaped in compliance with Section 4.033 (3). 4.195 Mixed Use Planned unit Development, Zoning Text Amendment. (1) Purpose. The intent of this section is to establish special requirements for the granting of a zoning district amendment (rezoning) to allow mixed use PUD projects which are in compliance with the permitted and conditional uses allowed within the PUD District (Section 4.19) and in accordance with the provisions and procedures as prescribed in this section. (2) ainimu~ Project Size. The tract of land for which a mixed use PUD is proposed sha~l not contain less than five acres. (3) Frontage. The tract of land for which the project is proposed shall not have less than 200 feet of frontage on a public right- of-way. (4) Yards. Setbacks shall be consistent with those required in section 4.034. (5) Landscaping, screening and Surfacing. All site treatment shall be consistent wLth the requirements of Section 4.033 (3). 4-83 07268~ U R 8 A Pl. A NO . O N . MAR K E T R ES E A Re ~ PLANNING REPORT TO: FROM: DATE: RE: FILE NO: Kirk McDonald Stuart Roberson/Bob Kirmis/Alan Brixius 23 March 1994 New Hope -Wrobel PUD Rezoning 131.01 94.06 EXECUTIVE S~Y Background Paul Wrobel has submitted a request to rezone his property located on the southwest corner of 28th Avenue North and Winnetka Avenue from R-i, Single Family Residential to Planned Unit Development Zoning District. This rezoning would allow a mixture of residential and commercial uses. Specifically, the s~ructure in question would contain a residential living space on the first floor and an office of dentistry on the lower floor. Mr. Wrobel received a special use permit in 1963 that permitted a dentist office on the lower level of his house. At that time, a special use permit would allow dentistry as a home occupation. Currently, the employee count exceeds the City's home occupational standards and the property owner does not reside on the site. Therefore, this particular use has become an illegal non-conforming use, thus the need to redesignate this property in order to brin9 it into compliance with current City regulations. On 14 February 1994, the City Council met to consider the applicant's request to rezone his property from R-l, Single Family Residential to R-O, Residential Office District, for the purpose of converting his entire home into a dental facility. However, this request was denied in order to prevent the expansion of a commercial use in a residential area. 5775 Wayzata Blvd.. Suite 555. St. Louis Park, MN 55416. (612) 595-9636.Fax; 595-:.~ ~: The applicant has returned to the City after reviewing several options presented by City Officials and staff, on ways to accommodate the property's current use. It is the applicant's desire to redesignate his property to PUD, to allow the continuance of its residential and commercial mixed use character. Attached for reference: Exhibit A Exhibit B Exhibit C Exhibit D Site Location Site Zoning 1976 Comprehensive Land Use Plan Site Plan Recommendation The City has found the site exists in size and intensity in !963, as it does today. Through the application of a PUD Zoning District, the City will be able to bring this property into conformity with City codes, and protect future land use compatibility concerns by establishing performance standards via a development contract. If the PUD zoning is found acceptable, we recommend approval subject to the following conditions: Residen=ial. 1. The first floor will retain residential use/occupancy. 2. Residential access mus~ be obtained from 28th Avenue. 3. Parking will be restricted to the driveway and garage area. 4. Access or entrance will not be shared with commercial use. Future land use conversion to residential may include single or two family residential. C,mmercial. Commercial land use to be limited to lower floor of building. No expansion of use to.the first floor. 2. Commercial access must be obtained from Winnetka Avenue. Ail commercial parking provided on site with access from Winnetka Avenue. No commercial parking will be allowed on 28th Avenue or residential driveway/garage area. The off-street parking lot is revised to illustrate one handicap parking stall that is van accessible, as required by State law. !0. 11. The proposed off-street parking configuration is revised so that all off-street parking stalls are fully accessible at al! times. In no case may parked vehicles block access to other designated off-street parking stalls. The applicant must demonstrate that the property does not require a loading berth. Provide a ~rash enclosure. No exterior lighting. Any new on-site signage comply with applicable provisions cf the City Sign Ordinance· Employees are not required to reside on premises. ~o restrictions placed on the number of employees, provided tha~ all parking standards are met. The applicant shall enter into a P~JD development agreement with the City. ISSEES ANALYSIS Judgement Criteria In evaluating any change in land use and rezoning, New Hope uses the following criteria for determining the appropriateness of the rezoning request: Mistake i: Zoning. The City may approve a rezoning request if it is determine that the rezoning is necessary to correct a past zoning mistake. Based on the Comprehensive Plan, surrounding land use patterns and the past use of the property, we find that the subject property was properly designated for R-I, Single Family Residential zoning. It is apparent that the current R-1 zoning designation does not represent a past zoning mistake. Chan=e in Character. The site and surrounding properties have developed a pattern consistent with the 1976 Comprehensive Plan. There has not been significant change in land use since the Comprehensive Plan was completed. The 1963 special use permit was issued to allowed for the establishment of the dentist office within the existing single family home. Subsequent use has evolved in violation of the home occupation requirements. However, it has remained compatible and has contributed to the character of the neighborhood. Application of the PUD will maintain its character and provide consistency with the Comprehensive Plan. 3 Planned Unit Development It is the applicant's desire to allow residential and commercial uses at one location, therefore, a PUD zoning will be necessary to permit the integration of uses. The purpose of a mixed use PUD is to provide flexibility of site design to coordinate uses into a harmonious and efficient use of space. A PUD zoning will permit a residential/office development on the site. This use may be limited in size and scope, and enforced through a PUD development agreement contract. Comprehensive Plan The 1976 Comprehensive Plan indicates that the tier of lots abutting the south side of 28th Street should be developed as medium density residential uses. The area south of the site is designated for commercial land uses recognizing the Midland Shopping Center. The site in question was established prior to the 1976 Comprehensive Plan. The combination single family and dental office raises the issue as to the appropriate use of the site. The single family use relates to the residential neighborhood along 2$th Street. The dental office is an extension of the commercial activities along Winnetka Avenue, thus providing a transitional zone between co~t~ercial and residential uses. Through the use of the PUD, the existing use can continue to operate in the same size and intensity. In consideration of the Land Use Plan, the City must consider the Comprehensive Plan land use goals and policy statements intended to guide land use decisions. The following land use 9oals and policies are applicable to the current request. Land Use Goals. Develop a cohesive land use pattern which ensures compatibility and functional relationships among activities. Establish planning districts within the community based upon homogeneous or compatible land use characteristics and/or division of physical barriers. e Prevent over-intensification of land use development. In other words, development which is not accompanied by a sufficient level of supportive services and facilities (utilities, parking, access, etc.). 4 s Preserve and protect property values. Ensure that intensification of land use activity and development is accompanied by sufficient corresponding increases in related supportive and service facilities such as off-street parking. Accomplish transitions between distinctly differing types of land uses in an orderly fashion which does not create a negative (economic, social or physical) impact on adjoining developments. Protect integrated use districts (e.g. residential neighborhoods, commercial centers, industrial park) frcm penetration by through traffic. Where through traffic problems are identified, correct such problems as opportunities arise. Residential Goals/Policies. Provide safe, healthy and attractive residential environments which offer a broad and full choice of housing types. Maintain and where necessary, strengthen the character of individual neighborhoods. Commercial Goals/Policies. Strongly discourage any further spot or uncoordinated linear co~¢~ercial development in favor of a unified development pattern. When opportunities arise, consolidate existing spot and uncoordinated linear commercial development into more functional patterns. Ensure that development of any scattered open parcels along existing commercial strips is accomplished in a fashion which helps to establish more functional development patterns (for example, utilizing shared access and parking, etc.). In evaluating the Comprehensive Plan policies, it would appear that the emphasis is on maintaining and enhancing the existing residential neighborhood. The Policy Plan also discourages the further expansion of commercial zoning. Under these guidelines, the proposed rezoning does not alter or intensify current land uses. 5 Land Use Compatibility In evaluating any rezoning, the City must consider the impact the zoning change will have on existing, as well as future land use compatibility. The current land use of this property is single family residential on the first floor (rental) and office (dentistry) on the lower floor. The combination of residential/ office has existed since 1963 and compatible with the surrounding land uses. However, this does not conform with the Zoning Ordinance due to the fact the employees do not reside on the premises. The following reviews the purpose of a PUD zoning along with an inventory of surrounding land uses. Surroundin= Uses. When considering a rezoning request, it is beneficial to examine whether or not the proposal is compatible with the surrounding land use. The following is a listing cf adjacent land use and zoning designations: Direction Land Use Zoning North Single Family Residential R-l, Single Family South Retail Business B-4, Comnlercial Business Northeast Low Density Residential R-2, Single and Two Residential East Single Family Residential R-l, Single Family Southeast Limited Business R-O, Residential - Office West Low Density Residential R-2, Single and Two- Family Residential Via the PUD zoning and subsequent development agreement with the City, an assurance will be provided that the proposed use is compatible with the area. Performance standards within such an agreement will be imposed to ensure land use compatibility. The PUD will also allow the conversion of the entire property to residential use in accordance with the regulations associated with the R-2 District. 6 Performance Standards Mixed use performance standards will be imposed within the PUD development agreement. Specific requirements applicable to the residential and commercial use components are listed below: Residential Uses. Street Access. Access to first floor living area will be restricted to 28th Avenue. As a part of the PUD, access or entrances shall not be shared by the upper or lower levels. Off-Street Parking. First floor parking will be accommodated solely by the driveway/garage area fronting 28th Avenue. Commercial Uses. Structural Expansion. Commercial expansion will be limited to the lower level, which is in accordance with the Comprehensive Plan that prevents the intensification of land use. Employees. Home occupation standards do not allow employees other than those living on the premises. A PUD would not place any restrictions on the number of people the office may employ. Trash. As noted on handling activities building. As such, considered applicable. the submitted site plan, all trash are to occur within the principal trash screening requirements are noz Loading. It must be demonstrated that semi-trailer truck deliveries will not occur at the site or all deliveries will occur at such a time as to not conflict with customer or employee access to the building and parking demand. Lighting. The submitted site plan makes note that no exterior lighting is to be provided on site. Signage. If new or additional signage is to be erected as part of the dental office expansion, all such signs musz comply with applicable provisions of the City Sign Ordinance. Parking Lot Circulation. While an adequate number of off- street parking stalls has been proposed, some concern exists in regard to parking lot circulation and stall accessibility. As a condition of site and building plan approval, all off- street parking stalls must be positioned so as not to prohibit access to any stall. 7 Dimensional Requirements. Ail proposed off-street parking stalls have been found to meet minimum required stall (8'-9" x 19') and drive aisle (24') dimensions. Street Access. The lower floor office space will be accessed from Winnetka Avenue. As a part of the PUD, access or entrances shall not be shared by the upper or lower levels. Off-Street Parking. The Zoning Ordinance requires that professional offices must provide three off-street parking spaces plus at least one space for each 200 square feet of floor area. The dental office contains 1,201 square feet of floor space. This will require nine parking stalls, which must include one disability parking stall that is van accessible. Currently the site provides ten parking stalls. This excludes the driveway/garage area in which office parking is not permitted. CONCLUSION The proposed PUD rezoning of the subject property for residential/ office use is viewed positively, given its compatibility with surrounding uses, and its avoidance of land use intensification. It is for this reason we recommend approval of a PUD rezoning to the conditions.listed in the Executive Summary of this report. pc: Doug Sandstad Dan Donahue Paul Wrobel IN City of New Hope "Associated Consultants, inc. Ill land use. framework ~low density residential /'~m~d density residential ~h~gh density resident~al 1public and semi public new hope, minn. S~ C:E I~TI F'I c A'I'E' OF ]:NC. SI,,IJ~/E ¥ 141~ & L ANO Pt. AI~IhR..~ )3 'AVL. ~o.- I hereby certify the= this survey, plan.or repot= was prepared by' me or under my direc= supervision and tha~ I am a duly Registered Land Surveyor under the laws ~of the State.~f ~(innesota Date ~//&/~ Reg. No. Job No '771AOI Book .4,2: Page S.¢ I 9 EXHIBIT DATE: TO: FROM: SUBJECT: CITY OF NEW HOPE MEMORANDUM April 29, 1994 Planning Commission Members Kirk McDonald, Management Assistant/Community Development Coordinator Miscellaneous Issues April llth City Council Meeting - At the April 11th Council meeting the City Council took the following action on planning cases: Ao Planning Case 93-23, Request for Final Plat Approval of Northwest Church Addition, 8624 50th Avenue North; approved subject to the conditions recommended by the Planning Commission. Bo Planning Case 94-06, Request for Rezoning from R-1, Single-Family Residential, Zoning District to PUD, Planned Unit Development, Zoning District to allow mixed office/residential use, Dr. Wrobel, 2775 Winnetka Avenue North; tabled per staff recommendation, so that a code text amendment could be pursued. Planning Case 94-07, Request for Variance to Allow Air Conditioning Compressor in Side Yard, 3432 Ensign Avenue; tabled due to the fact that the petitioner was not in attendance. Planning Case 94-08, ReqUest for Site and Building Plan Review, Variance to Lot Width Requirement and Preliminary Plat Approval to Allow Subdivision of Property and Construction of 78,400 Square Foot Office/Warehouse at 7400 49th Avenue, Hoyt Development; approved subject to a number of conditions. Eo Planning Case 93-30 and 93-36, Ponderosa Wall Sign Variance Request; staff presented the Commissions research and recommendations. The City Council voted on a 3-2 vote to classify the mural as a building accent if the lettering was removed. Please refer to the Council minutes for more information. April 25th City Council Meeting - At the April 25th Council meeting the City Council took the following action on planning cases: Ao Planning Case 94-07, Air Conditioner Variance; the petitioner submitted the attached letter requesting a tabling of the case, as he is exploring an alternative placement of the air conditioner that is within the current code that would not require a variance. The Council tabled the request for two months. Miscellaneous Issues April 29, 1994 Page 2 Planning Case 94-08, Final Plat Approval of Five Thousand Winnetka 2nd Addition, 7400 49th Avenue North, Hoyt Development; approved. See enclosed attachments. Offer to Purchase 6073 Louisiana Avenue North - At the April 25th EDA meeting, the EDA authorized staff to acquire 6073 Louisiana Avenue for future scattered site housing activities. This is the back portion of the Carol James property and the preliminary plat was approved last fall. The final plat could not be approved until an agreement was reached on extending utilities to the site. If the City can acquire the site, we would assume responsibility for the utilities and also would finalize the final plat and bring it back to the Commission in June (see attachments). Todd Lifson Resignation - Todd Lifson has submitted his resignation as a Planning Commissioner effective June 1st, due to the fact that he is moving to Golden Valley. At the April 25th City Council meeting the Council passed a resolution accepting the resolution and thanking him for his service on the Commission (see attached). Applications will be sought to fill the vacancy. First Quarter Reports Enclosed for your information are the first quarter planning/development, housing and engineering reports. Outdoor Storage and Front Yard Parking - The Building Official has prepared the enclosed data regarding outdoor storage and front yard parking in the I-1 Limited Industrial Zone and the Codes & Standards Committee is studying these issues and will report back to the Commission. Home Occupation Ordinance - The City Council discussed the Commission's recommendations on the Home Occupation Ordinance at their most recent worksession (please refer to April 18th minutes) and this will be coming back for consideration at a May Council meeting. Kimball Plat - The owner of the 135,900 square foot parcel located at 8901 36th Avenue North has been discussing the subdivision of the property with staff and a formal application will be filed in the future - see attached concept plans. Attachments: Stiegler Air Conditioner Request/Letter Hoyt Final Plat 6073 Louisiana Avenue Info Lifson Resignation First Quarter Reports Outdoor Storage/Front Yard Parking 4/18 Council Worksession Minutes Kimball Plat } REQUEST FOR ACTIO~ O~at~g Dep~ment Approved for ~enda ~da Section ~e~elopment Ci~ M~ger &Plmg 4-25-94 ~rk McDo~ld Item No. By:Management Assismm ~:~f~ 8. / o*oz- zo coe moe so COM SSO IS 34 2 SSIOS nWSU O Xa, PETITIONER. This maRer w~ tabled at the 4/11 Council m~ting due to the fact that the petitioner w~ not in aRend~ce to ~er qu~ions. On 4/19 the City r~ived the enclosed corr~pondence from the petitioner ~ting that he is explo~g ~ ~ternative placemem of the ~ conditioner that is ~thin the c~rem code ~d would not require a v~i~ce. Therefore, the petitioner is requ~ing that the requ~ be tabled for the pr~ent t~e. St~f r~o~ends approvfl of a motion tabling this request. ~e petitioner is requestMg a v~ce to ~e requ~emem ~at a~ conditiomg coolMg s~cmres or conde~ers ~ l~ated M ~e re~ y~d ~hind ~e re~ buildMg IMe to allow ~ a~ conditioner M the side y~d less ~ five feet ~om ~e pro~ 1Mca, Section 4.032(3) -New Ho~ C~e of Ord~ces. ~e pu~ose of ~s request is to allow ~e rel~ation of an existMg a~ conditioner M ~e side y~d ~at was displaced by a recem addition on ~e re~ of ~e home. ~e proposed location of ~e compressor is on · e no~ side of ~e pro~ tong ~e g~age wi~ ~ee feet be~een ~e compressor and ~e prope~ IMe and Ci~ code requ~s five feet. ~e specific vari~ces beMg reques~d ~e: A. A ~o foot v~ce to ~e five foot side yard setback requ~emem to allow an air conditioner ~ee feet ~om ~e pro~ 1Me, and B. A v~ce to fllow ~ a~ conditioner M ~e side y~d. The pro~ is l~a~ M ~ R-l, SMgle Fmily Residemial Zo~g Dis~ict and is su~ounded by single- f~ly l~d uses on ~e sides ~d So~esyn Elemenm~ School directly ~d ~e prope~ to ~e east. ~e home was bu~t M 1965; swimming p~l butt M 1972; addition built M 1993. ~e exist~g s~cmre M~ON BY $gCO~ BY TO: R~: ~~on: ~A-O01 Request for Action Planning Case 94-07 Page 2 meets all setback requirements. Prior to the CommiSsion meeting the property owner directly to the north inquired about the plans and expressed concern about noise from the air conditioning compressor. The Planning COmmission reviewed this request at their April 5th meeting and recommended approval subject to the following conditions: Be Submit detailed plans for an "acoustical barrier" to be installed along the north si'de of the equipment that is substantial enough to eliminate direct noise and substantially reduce the indirect noise at the property line, compared to a normal air conditioning installation. Agree to install and maintain the barrier within 14 days of the air conditioning installation. Agree to meet with the City Building Official and the neighbor to discuss the plan for the noise barrier and its paint/stain colors at least 14 days prior to the installation. (NOTE: ACOUSTICAL WALLS ARE SOLID AND DENSE, SUCH AS 2" X 6" Tongue & Groove Cedar or heavier. The bottom will be buried in the soil several inches and the top will be five or six feet tall to deflect most of the noise upward.) Fence be extended to front of garage to shield compressor from street or two 18 inch shrubs (lilac or spirea) to be installed six to ten feet west of air conditioning unit. Michael Sfiegler 3432 Ensign Ave. N. New Hol~, MN 55427 April 19, 1994 Kirk McDonald Management Assistant City of New Hope 4401 Xylon Ave. N, New Hope, MN 55428-4898 Dear Mr. McDonald: Please be advised that I am' exploring an alternative placement of my air conditioner that is within the current code and would not require a variance, Therefore, please see that my request is tabled indefinately for now. If my alternative plan does not work out, I will request the council's consideration of my original request. (My thanks to the officials that investigated and formulated the original request. For their information, the alternative placement I am considering is along side the new addition on the north side of the house where the new steps are presently located. The steps will be removed. This will likely be quieter for my neighbor and still allow access to my yard along the garage. And, it will be well within the five foot code requirements. You may forward this information to the others in your department as appropriate.) Thank you. Sincer.ely, Michael Stiegler ~~ (JOUSI(JlL O~at~g Dep~ment Approved for ~enda ~en~ Section ~evelopment Ci~ M~ager & Pl~ing ~rk McDonald ~ 4-25-94 Item No. 8.2 BY: M~agement Assis~t BY: ~ ~ PL~G CASE 94-08. ~Q~T FOR F~ PLAT APPROVAL OF FIVE THOUS~D ~T~ 2ND ~DITION, 7300/7400 49TH AVE~E NORTH, HOYT DEVELOP~NT/J-S ~T~, PETITIO~R The petitioner is requesting final plm apProv~ of Five Thous~d Wi~e~a 2nd Addition whch is located no~ of 4~ Avenue ~d we~ of ~e New Hope Ice ~ena. At ~e April 11~ Co~cil meeting, ~e Co~cil approved ~e prelimin~ plat, a lot ~d~ v~ce ~d site~Id~g pl~ review to ~low subdivision of the prope~ to ~low for the co~ction of a 78,400 sq~e foot officdw~ehome on Lot 1. ~e approv~ w~ subject to a n~ber of con~tiom. Revised pl~ Mve been ~b~Red w~ch ad.ess moa concerns. ~e major issue h~ been ~e dedication of e~emen~ for aom water ponding. ~e petitioner h~ provided ~e necess~ e~ements to safis~ Watershed Disffict requirements on Lot 1 where development h~ been approved. Addition~ e~ements ~11 need to be provided in ~e ~e for ~e o~er ~o lo~ ~er specific development pl~s have been proposed. S~ is reco~end~g approv~ of ~e fm~ plat, subject to ~e conditions con. ned in the co~espondence ~om ~e Ci~ Eng~eer ~d CiW A~omey, ~d subject to approval by the S~ngle Creek Watershed DiVot. M~ON BY ~ SECO~ BY ' . R~: ~s~on: F~ce: ~A-O01 ~ o WINNETKA FIVE 'THOUSAND OUTLOT A ;, , ?.' // .? // 2ND AUDITION ~.,. =. ,o.. RON KRUEGER & ASSOCIATES, INC. LAND SURVEYORS & ENGINEERS ; !; J ! II ii, Il I · "iii ~....~JJ: JIli l,l ti| ,[il ! Iilllllll I i I · · jl I JllJ ll!!,liil!J l!!lilltJ!JJi. J.! il' iii ,t [ I ~ J l,! il":" I,,h,iJJ,, .i.., !!' IJ ..I '[ [[[[ ~ '-'Mil fS~Jt[-q[l.tS!I l.~ ~ Jn"nn, lll unll I I ! I i i ] Ill. Ill Ill: II J JJJJ- ill !|! l,J : il - I " 't ] · o I . I ! , t,,,,.,,:.,,:., ,, ,,,... !h ,,i:. II] I l'J Ii: [ ' J]: ,.:'!: · . lll:ll:l iii · ' IlJlJ I, : ..... ..'-,...,,~ ill,,Ill_" j jl ol · ":"":' : .......... : · ..... l,::[l]:! !ti ' I I *J~ j ~ I I I it:. ,. .... · /. .~,:~' ..' ~, ~, · . . :... '--....~.-. !.. ! ^ . .. ; it 5'. ',.:","~ ' { 'i:,;. · ',,, ;!1 ,I .I._,. 1 llJllli,l 1 .J April 22, 1994 COREXCK & SONDI~LL, ArrORNZYS Ar LAw ~lnb~ ~uti~ Office S~ ~203 BwO~yn ~k, Minn~o~ 55443 TELEP~N~ (~1~ 4z~.~1 Mr. Kirk McDonald Management Asst. City of New Ho~e 4401Xy]on Avenue North New HOpe, MN 55428 RE: Five Thousand Winnetka Second Addition Dear Kirk: I have reviewed the revtsed final plat of Five Thousand Winnetka 8econd Addition and supporting documentation. ! recommend the plat be approved conditioned upon the fo]lowing: 1. Ftnal review and aDprnva] of the title evidence by the City Attorney. Any requirements in the title optnton w111 be incorporated as conditions of this plat approval. 2. Restrictive covenants that limit access to Lots I and 2 from 49th Avenue North to the curb cut and drlveway shared by Lots I and 2, The covenants must be avoroved by the City Attorney and recorded with the plat. 3. A cross-easement between Lots 1 and 2 relating to the shared access driveway for ingress and egress, shared utilities, and loading/unloading, The final document must be approved by the City Attorney and reworded with the plat. 4. Petitioner pay all fees charged to the Ctty ~y the Shingle Creek Watershed DlstrtcZ to review the plat and the development p~ans, .,]:f you have any questions or comments, do not hesltaze to Gall. Mart~n P, M~lecha Asst. New Hope City Attorney s3f cc: Oan~el d. Donahue, C~ty Manager Mark Haneon~ City Enginee~ 8teven A. $ondra11~ Ctty Attorney Bonestroo Rosene m-m Anderllk & Associates Engln~r$ & Archltect~ April 21, 1994 James F. ~ Mr. Kirk McDonald 1 City of New Hope 4401 Xylon Ave. bT. New Hope, M~ 55428 Re: 5000 Winnetka - 2nd Addition Our File No. 34 Gan Dear Kirk: The developer for the above referenced project has submitted revised plans, and we recommend the following:. · Pending easements have been revised to incorporate only existing wetlands. Therefore, pending easements required when Outlet A and Lot 2 develop will have to be provided by separate document, unless each lot is replatted. Future pond easements will have to be provided in accordance with New Hope's Comprehensive Storm Sewer Plan. · The temporary pending easement for the pending area required by Shingle Creek Watershed and New Hope located on Lot 2 will have to be described by separate document and continue indefinitely until Lot Il develops. The City and developer will have to sign the document. A maintenance agreement is required between the City and developer for the pond!ag area. · A detailed as-built plan is required for the public sanitary sewer, which must be constructed and inspected in accordance with New Hope Public Works. PCA and MWCC permits are required for its construction. · The prhatte watermain iccp must be constructed and inspected in accordance wi'th New Hope Public Works. A permit from Minnesota Health Department is required. The connection in 49th Avenue shall be a cut-in (not wet tap) and shall be done in accordance with Public Worlm · The grading and utility construction adjacent to the existing property to the west shall not encroach on that property. · It would be desirable to grade and level the 35,000 cubic yard stockpile on Lot 2, Erosion control and proper restoration is required in this area after completing the work. 2335 Yf/est Highway 56 · St. Paul, MN 55113 · 612-636-4600 'ossv 300a.LSaNOS :T~T see' ~s T~:OT Mr. Kirk McDonald City of New Hope Page -2- April 21, 1994 · The existing drive onto 49th Avenue along the railroad right-of-way shall be removed and restored. · The letter o~ credit shall include pondin& landscape, shared erosion/restoration, and remOval of the existing drive on 49th Avenue. drive, utilities, Lump Sum Pond grading @ $5,000 $ 5,000 400 LF Storm sewer @ $32/1f 12,800 670 LF Sanitary sewer @ $32/If 21,440 1,220 LF Watermain @ $28/lf 34,160 600 LF Shared drive @ $60/1f 36,000 Lump Sum Erosion control ¢~ $5,000 5,000 30 AC Restoration @ $1,500/ac 4,500 I EA Remove existing drive @ $5,000 ea 5,000 Lump Sum Landscape @ $5,000 5..00Q Subtotal $128,900 +509~ Increase 64.450 Total If you have any questions, please contact this office, Yours very truly, BONF.~qTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:pr cc: Guy Johnson / Paul Coone - Public Works £0 'd ~£~ 9£9 8.~9 ~8:0~ 1~6g-~E-~O SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 3001 Harbor Lane, Suite 150 * Plymouth, MN 55447 Telephone (612) 553-1144 * Fax (612) 553-9326 April 25, 1994 Mr. Mark Hanson Bonestroo & Associates 2335 W. Highway 36 St. Paul, Minnesota 55113 Re; Project Review SC 94~3: Quebec Limited Partnership Project: 5000 Winnetka 2nd Addition Dear Mr. Hanson: At their special meeting of April 25, 1994, the Shingle Creek Watershed Management Commission reviewed the above-referenced project which was previously tabled at the April 14, 1994 meeting. The City of New Hope is advised by the Commission that approval of Project Review SC 93-3 is hereby granted, conditioned upon the applicant meeting the conditions set forth in the attached engineer's report and recommendations. Should you have any questions, please contact me at 473-4224. Sincerely, MONTGOMERY WATSON Engineers for the Commission Dale Claridge, P.E. Kirk McDonald, New Hope Judie Anderson, SCWMC 4-25-94 SHING!.I~, CREEK WATEHSHED MANAGEMENT COMMISSION REVIEW SC 94-3: ~,,~!~ec Liml!_~d Partner~hln Quebec Limited Partnership 13400 15th Avenue North, Suite F 'Plymouth, Minnesota 55441 Proieeh Development of a 6 acre industrial site on Lot I of 5000 Winnetka 2nd Addition. North of 49th Avenue between Winnetka Avenue and Louisiana Avenue in New Hope. 1. Project Review Application submitted by Randy Stern, Ron Krneger & Associates, Inc., received on 4-1-94. 2. Verbal instructions from Mark Hanson, City of New Hope, on 4-4-94 authorizing Commission review of project. 3. Development plans prepared by Ron Krneger & Associates, Inc. which include: Final Plat, undated and received 4-20-94 Grading/Utility Plan, last revised 4-19-94 preliminary Plat, last revised 4-19-94 Master Grading/Drainage Plan, last revised 4-19-94 4. Pond design calculations prepared by Peter Knaeble, Terra Engineering, Inc., 4-15-94 and 4-19-94. Draft agreement covering operation and maintenance responsibilities for the stormwater treatment pond serving Lot 1 prepared by Fredrikson & Byron, P~., received 4-21-94. The owner is proposing to construct a 76,800 sq fc office/warehouse and adjacent parking area on Lot 1 which is one of three lots within a 19 acre parcel of land known as 5000 Winnetka 2nd Addition. The site is required to meet the Management Standards for developments of 5 acres or greater for land use other than single f~m;ly detached housing. ~vo jurisdictional wetlands were identified on the north side of the property and field delineated by Peterson Environmental Consulting, Inc. on 4-14-94. Existing wetland areas shown on the plans will be avoided during the development of Lot 1. The City of Brew Hope currently serves as the local governmental unit (LGU) for administering the permanent rules of the Wetland Conservation Act for wetlands located in New Hope.' In accordance with Brew Hope's Draft Local Plan, future City Ponds SC- P4.4 and SC-P4.9 are shown on the Master GradinF/Drainage Plan. These ponds are proposed to be constructed in the future as two-cell stormwater treatment and storage facilities. City Pond SCOP4.9 is proposed to serve a tributary drainage area of 218 acres including drainage from 5000 Winnetka 2nd Addition. - 4-25-94 SHINGI.~. CI~EEE WATERSlqEr) MANAGEMENT COMMISSION REVIEW SC 94-3: ~h,~.hee l,ln~ited Partner~hln (Continued) '4. To provide treatment of runoff from Lot 1 until city regional ponds are constructed, the owner is proposing to construct a temporary treatment pond northeast of the building on Lot 2. The pond has been designed to treat runoff from a 2-inch rainfall event in accordance with the Management Standards of the Commission. The normal water level in the pond will be maintained at a depth of 4 feet and a submerged 6" outlet pipe will provide skimming prior to discharging to the existing wetland. An emergency over/low swale from the pond to the wetland is proposed to be stabilized with riprap. As provided in the draft agreement between Quebec. Limited Partnership and the City of New Hope, a temporary easement over the pending'area will automatically expire at the time the City has constructed and completed City Pond SC-P4.9 and stormwater from Lot 1 has been routed through the regional pond. The draft agreement also places the responsibility for operation and maintenance of the pond on the developer and its successors or assigns as fee owner of Lot 1. If the developer and its successors or assigns fail to maintain the pond, the City shall have the right to perform necessary maintenance activities and be reimbursed for this work by the developer and its successors or assigns. Permanent easements over existing wetland areas, temporary easements over the stormwater pond, and future easements over future City Ponds SC-P4.4 and SC-P4.9 are all shown on the plans. Erosion control fence will be placed along the edge of the wetland as shown on the plans to provide temporary erosion and sediment control during site development. Storm sewer outfalls to the pond and the wetland will be stabilized with riprap and equipped with trash guards. The project has been reviewed for conformance with the Management Standards of the Shingle Creek Watershed Management Commission and is recommended for approval by the City of New Hope with the addition of the following conditions. An inspection schedule for the pond and outlet control structure shall be submitted by the owner to the City. Records of inspections and maintenance activities shall be kept by the owner and submitted Anpually to the City. MONTGOME~RY WATSON Engineers for the Commission Dale Clandge, P.E. COMMISSION ACTION 4.25.9~ AoUr°val of the above recommendations. Date Originating Dep~.ment Approved for Agenda Agenda Section City Manager EDA 4-25-94 Kirk McDonald /~ Item No. Byi Management Assistant By: ~'/ 5 .. RESOLUTION AUTHORIZING AC~//~SITION OF 6073 LOUISIANA AVENUE NORTH AND DIRECTING PREPARATION OF PURCHASE OFFER TO IMPLEMENT SAME (#51 The enclosed resolution authorizes staff to prepare a purchase agreement and acquire property at 6073 Louisiana Avenue for the City's scattered site housing program, which provides affordable housing ownership opportunities for New Hope residents. Last fall the City Council approved the preliminary plat of Carol James Addition to allow the subdivision of the existing large single-family R-1 lot into two parcels, with the northerly lot retaining the existing single-family home and the southerly lot providing a new vacant building site. The final plat was put on hold due to the fact that the newly created lot does not currently have a sewer/water service and said services would need to be provided from existing utilities in Louisiana Avenue at an estimated cost of $16,598 (estimates from City Engineer). Subsequent to the plat submittal, the City has acquired the adjacent property at 7109 62nd Avenue and is in the process of preparing specifications for the rehabilitation of this property for eventual resale as affordable housing. Staff now desires to split off the south half of the parcel at 7109 62nd Avenue and combine it with the parcel at 6073 Louisiana to create a lot large enough for a possible two-family specialized housing unit which would be sold to New Hope residents. The owners real estate agent has indicated that the parcel has a value of $24,000 with utilities and the City's appraiser agrees with this value. Staffhave preliminarily indicated to the p. roperty % MOTION BY SECOND BY TO: Review: Administration: Finance: I RFA-O01 ~ Request for Action 6073 Louisiana Avenue North Page 2 owner that the City would contribute up to $10,000 to extend utilities to the property (see attached correspondence from City Engineer). Therefore, staff is requesting authorization to make a purchase offer of $17,402 ($24,000 - $6,598). The City would then assume responsibility for extending utilities to the site and construct affordable housing. The acquisition would be f'manced entirely with CDBG scattered site housing funds that have been set aside for this purpose. In factl the Year XVII scattered site housing funds ($13.,800) must be expended by June 1st, and Year XVIII funds ($36,200) must be expended by December 31st, so if the EDA is supportive of this acquisition the staff will move quickly to acquire the site.. The City Attorney has prepared the enclosed resolution and staff recommends approval. CORRtCK & SON~AT.L. P,A. Edinburgh Executive Office Pl~ 8525 F~/nhrook C~ing Suite ~203 Broo~yn Park, Mim~o~ 55443 TeLePHO~; (6~1 42~ April 22, 1994 Kirk McDonald ManaGement ASST, City of New Hope 4401Xylon Avenue North New Hope~ MN 55428 REt Acquisition of Property at 6073 Louisiana Avenue North Our' File No: 99.11121 Oear Kirk: :Per your requesT' please find enclosed a proposed Resolution Authari:~ing the Acquisition of 6073 Louisiana Avenue North and Directln9 Preparation of Purchase Offer to Implement Same for consideration aT The April 25, 1994 EDA meeting. The review appraisal referred to in the Resolution is Brad Bjor~lund's March 31, 1994 letter. Brad agrees with the owner's real estate agent on a $24,000 fair market value assuming the property was served by all utilities. The City Engineer has estimat,ed utility construction costs at $16,558. It is my understanding that $10,000 of those costs are the City's responsibility with the remaining $6,598 the responsibility of the owner. As a resulT, fair market value has ~een determined aT $17,402 ($24,000 - $6,598). Naturally, that figure can be raised or lowerod'if circumstances change. Contact me if you have any auestions concerning the Resolution. Very truly yours~ New Hope C~t¥ ~ttorney Enclosure CC: Daniel J. Donahue, City Manage, (w/erie) Va.l~e:rie Leone, City Clerk (w/eno) EOA RESOLUTION 94- RESOLUTION AUTHORIZING THF ACQUISITION OF 6073 LOUISIANA AVENUE NORTH AND 'DIRECTING PREPARATION OF PURCHASE OFFER TO IMPLEMENT SAME ~, ~.~D-~..~L~.~. ~469.091 and 409,012 Economic Development Authority (EDA) to acquire real deYelopments~ and empowers ..the property for WHERFA~, the EDA hereby determines that acquisition of Vacant land located at 0073 Louisiana Avenue North is necessary to promote the EDA's scattered site housing deve3opment poliGies by Dermitting the combination of land with adjacent lane already owned by the City of. New Hope ~or construction of affordable speciallzed or multiple housing for DooDle of 3ow and moderate ~n~ome~ and HE.~, a review appraisal of the real property has established a fair market value for the property of $17~402o00. NOW, THEREFORE, BE ZT RESOLVED by the Economic Development Authority in and for the C~t¥ of New Hope aa follows: 1. That the Exe;utiYe Director is hereby dtrected to acquire the property at 6073 Lou{siana Avenue North for a Purchase ;r~ce not to exceed $17,402.00 p~us norms] and reasonable elos~n~ costs. 2, That the Executive D~reotor and/or his staff is authorized and directed to prepare a~a subait a purchase ~greement to facilitate the Droperty~s acquisition for the price and purposes stated herein. Adopted by the Economic Development Authority in and for the City of New HODs th~s . day of _, 1984, Edw. d, Erlckson, President -- Attest: Daniel d. Dona~ue, Executive D~rector 62ND AVENUE "'----' ~ NORTH LINE OF NW~i. ~SEC.5~T. IIS, R.21 NORTH T.C. 871,00 871 I00.00 S89e57'OI"E .... 871.01 'C.I.'M.- - n,, 0 Z Z~ $0 $0 X 872.4 873.4 871 .~ X 870.5 X C B D 1,081, 866.7 8~ 868.4 870.4 1,081 60'73 Louisiana Avenue REDEVELOI~ENT ISSU~.S: * Plattin$ into 2 lots "C" & "D" * Rezoning lot D from R-! to R-2 * Density: R-! I unit/9,SO0 sf R-2 I/8,750 sf 2 total * Land area: 27,000 sf * Both lots are for sale ! * Lot "C" should'have old house demo' * Elderly or disability focus would hl to address distance to public transl * Zero lot line plattin$ is option. 'Note duplex footprint shown is a 2 BR slab-on-$rads (See exhibit LOT "C" 9,500 sf I LOT "D" 17,500 sf 7e Bonestroo Rosene d'lderlik & Associates Engineers & Archltect~ April 21, 1994 Mr. Kirk McDonald City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 'Carol James Addition 7105 62nd Avenue File 34-gen Dear Kirk: Last fail we investigated the often and cost to provide sanitary ~ewer and water main service to the new lot in Carol James Addition. Attached is a sketch showing the existing utilities and proposed utilities to provide utility service. We received a quote from Bituminous Consulting and Contracting Co. to do this work for $i6,598. Typically, the cost for this work would be the responsibility of the new lot. However, there is some justification why the City should assume some of this cost. If it's assumed the now lot should be responsible for the new sewer abutting its propet~ and the sewer/water stubs to the new lot, the assessment cost to the new lot is approximately $5,"/80. The City'scost is $10,818 which includes all the street restoration and the new sower not abutting the new lot. In addition, dependent how the new lot is developed, storm sewer may by required to prollerty drain the south west comer. Therefore, if storm sewer is required, the additional cost for storm sewer maybe $6-$8,000. If you have any questions please contact this office. Yours very truly, Mark"'A. Hanson A,ND:BJ~T & ASSOCIATIBS, l~fC. Attachment 23,tS Wtlst Highway, 36 · St. Pllul, MN 55113 · 612-636-4600 9T :91; COUNCI~ REQUF~T FOR ACTION By: Originating Department City Manager Kirk McDonald Management Assistant Approved for Agenda 4-25,94 Agenda Section Consent Item No. 6.5 RESOLUTION ACCEPTING RESIGNATION OF TODD LIFSON FROM THE NEW HOPE PLANNING COMMISSION AND EXTENDING APPRECIATION FOR HIS SERVICE Todd Lifson has informed the City that he will be resigning from the Planning Commission effective June 1, 1994, due to the fact that they have recently sold their home in New Hope and have purchased a larger home in Golden Valley. City Code requires that all members of the Planning Commission be residents of New Hope. Lifson was appointed to the Planning Commission in October, 1991, and his term expires in December, 1996. The Planning Commission currently has eight members and this resignation will reduce that number to seven. Staff recommends that applicants be sought to fill the vacancy. The attached resolution accepts Lifson's resignation and extends appreciation for his service. .Staff recommends approval of the resolution. MOTION BY SECOND BY Review: Administration: Finance: RFA-O01 CITY OF NEW HOPE RESOLUTION NO. 94- RESOLUTION ACCEPTING RESIGNATION OF TODD LIFSON FROM THE NEW HOPE PLANNING COMMISSION AND EXTENDING APPRECIATION FOR HIS SERVICE WHEREAS, Todd Lifson was appointed and served on the New Hope Planning Commission from October 14, 1991, to June 1, 1994, and during that time he also served on the Codes and Standards Committee, a committee under the auspices of the Planning Commission; and WHEREAS, Lifson has submitted his resignation due to the fact that he has sold his home in New Hope and is moving to Golde, n Valley; and The City of New Hope accepts Lifson's resignation with regrets and desires to thank him for almost 3 years of dedicated service to the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Hope, hereby accepts the resignation of Todd Lifson and extends their appreciation for his 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 25th day of April, 1994. Mayor Attest: City Clerk April 5, 1994 Todd J. Lifson 4688 Flag Avenue North New Hope, MN 55428 (612) 535-3461 Dr. Robert Cameron Chairman, City of New Hope Planning Commission 4401 Xylon Avenue North New Hope, MN 55428 Dear Bob: It is with great regret that I offer my resignation as Planning Commissioner effective June 1, 1994. My wife and I have recently sold our New Hope home and purchased a larger home in Golden Valley. This move became necessary as we are expecting our second child in August. I want to thank you very much for the privilege and opportunity to serve the City as Planning Commissioner. This experience has enabled me to expand my knowledge of City government, especially with respect to planning issues. I enjoyed this experience so much I am in the process of applying to sit on the Golden Valley Planning Commission. If you feel it appropriate, I would very much appreciate it if you could write a brief letter of recommendation that I could include with my application. I am sure our paths will cross in the future (especially since my son will start school in District 281 in a couple of years). Thanks again. Todd J. Lifson TJL:u~j:BB-25 cc: Kirk McDOnald, Management Assistant, City of New Hope PLANNING AND DEVELOPMENT First Quarter 1994 Report The Planning Commission reviewed the following cases during the first quarter: No. of Cases Notices Sent January 4 20 February 3 1 March 3 11 Month January February March Type of Request Number Approved Rezone Property 1 Site/Bldg Review 1 1 CUP-Parking 1 1 Prel. Plat 1 Text Amend.-Off-St. Pkg. 1 1 Zone Dist. Uses Study 1 1 Rezone Property 1 Prel. Plat 1 Text Amend.-Gas Canopy " " -Gas Canopy Signage Prel. Plat CUP-Outdoor Storage TOTALS 1 Denied Withdrawn Tabled YEAR TO DATE TOTALS CUP-Parking Rezone Property Text Amend.-Off-Street Parking CUP-Outdoor Storage Site/Bldg Review Preliminary Plat Text Amend.-Gas Canopy Text Amend.-Gas Can. Signage Zone Dist. Uses Study APPROVED DENIED WITHDRAWN TABLED 1 1 1 1 1 1 2 TOTALS 8 1 3 PLANNING/DEVELOPMENT ISSUES the January 4th Planning Commission meeting, the Commission continued discussion on the petitioners request to allow dry cleaning processing on the site. The Commission did not support a rezoning from B-1 to B-2 to accommodate this use but did favor expanding the permitted uses in the B-1 Zone to allow this use. The request was tabled for one month so a code text amendment could be studied. At the February 1st Planning Commission meeting, a code text amendment was approved that expanded the number and types of permitted/conditional uses allowed in the B-1 Zone. Because the uses requested by the petitioner were included in the code text amendment, the actual rezoning request was denied. The Council concurred with these recommendations at their February 14th meeting, approving the code text amendment and denying the rezoning. ~~i:!:~ - J.R. Jones Fixture a 17,000 square foot, two-story warehouse addition and conditional use permit for deferred parking at 3216 Winnetka Avenue North in January. The Planning Commission approved the request at the January 4th meeting and City Council approved Resolution 94-11 at the January 10th meeting, subject to the platting of the property and other conditions. ~!ii~iiii~iiii~iiii~iiii~~ - The Planning Commission recommended approving the request for zoning code text amendment for off-street parking as requested by Jesco Industrial Supply, 4700 Quebec Avenue North. The petitioner was requesting a zoning code text amendment to amend the off-street parking requirements for office space from 1 per 200 square feet to 1 per 300 square feet or some other text amendment that would permit internal office expansion on the site without requiring the addition of more parking. Jesco Industrial Supplies currently operates out of a 29,300 square foot warehouse building and was requesting to convert 2,800 square feet of existing internal warehouse space into offices. The change in the building use will increase the parking demand on the site. The Commission recommended amending Section 4.036(10)(m) Section 1. "Office Buildings, Animal Hospitals and Professional Offices" to read as follows: "three spaces plus at least one space for each two hundred fifty square feet of floor space," and Section 4.036(10cc) Section 2. "Warehousing, Storage or Handling of Bulk Goods," amended to read: "that space which is solely used as office ancillary to the larger warehouse facility shall provide one space for each three hundred square feet of floor area used as office and one space per each one thousand five hundred square feet of floor area used as warehouse, plus one space for each company truck (if not stored inside)." The City Council tabled this request at the January 10th Council meeting. At the work session on January llth, the City Council approved Ordinance 94-01 regulating off- street parking. g~i.i~}.~ - At the January 4th Planning Commission meeting, the following officers were elected for 1994: Robert Cameron, Chair Robert Gundershaug, Vice-Chair William Sonsin, Third Officer ~~.!.!~i.i~~ ' The petitioner was requesting to rezone property at 7901 28th Avenue from an R-I, Single Family Residential Zoning District, to an R-O, Residential Office o 10. 11. 12. Zoning District, to allow total ProfeSsiOnal office occupancy of the building. The Planning Commission had considered this request in November/December, 1993, and recommended denial. The City Council considered this request at their January 10th meeting, did not support the rezoning request for a variety of reasons, and referred the matter to the City Attorney to prepare Findings of Fact. At the February 14th Council meeting, the Council adopted a resolution denying the rezoning, but directed staff to work with the applicant on other zoning options. ~i~i~~i~ii~i~i!i~~~ - In February the Planning Commission conducted an informational meeting on proposed amendments to the City Code that would establish performance standards for gas canopies and invited ali New Hope gas station owners/managers to attend. At the March 2nd Planning Commission meeting, the Commission recommended approval of two code text amendments: one establishing performance standards for gas canopies and one amending the sign code regulations for gas facility siguage. The City Council considered these recommendations at their March 14th meeting and recommended approval, with a minor modification on the sign code text amendment. ~i~i~~i~ - At the March 2nd Planning Commission meeting, the Preliminary ::::::::::::::::::::::::::::::::::::::::: .........,::::: ::.:.:...... ::::::::::::::::::::::::::::::::::::::::::: ;., ..5::: 5:::: Plat of J.R. Jones Addition was presented, which combined three parcels into a single property, which was a condition of the building expansion. The Commission recommended approval, subject to several easement dedications, and agreed to waive its review of the Final Plat. The City Council approved the Preliminary Plat at the March 14th Council meeting. ~~i~i:~:i:~:!~~i:~ - At the March 2nd Planning Commission meeting, a conditional use permit for the outside storage of trucks, trailers and equipment was approved for Collins Electrical Systems, who purchased the Standard Iron building at 4990 Highway 169. The City Council approved the request on March 14th subject to conditions, including the granting of a wetland easement with the City drafting the legal description. ~ii!~{ii~~iiii~~:ii~- At the March 31st City Council meeting, the Council established a future public hearing date for the issuance of $1 million in Industrial Development bonds for the purchase/installation of a large printing press. The installation of the equipment will provide 17 new jobs. ~i.i~!i~iii~- At the March 31st City Council meeting, .the Council approved the Final Plat of J.R. Jones Addition. ~~iiiii~!iii!ilj~ Staff continued to be busy during the first quarter with participation in the Business Retention Program coordinated by the North Metro Mayors Association/Community Resource Partnerships. The surveying of businesses continued during the first quarter and will extend throughout 1994. At the January 10th Council meeting the City Council authorized participation in the program for 1994. In January a Manufacturing Directory, was distributed to all manufacturing participants and in February the 4-City (New Hope, Brooklyn Center, Brooklyn Park and Blaine) pilot project received an "Excellence in Business Retention Award" for the innovative business retention and expansion program from the Economic Development Association of Minnesota. The program aggressively works to foster a healthy economy by systematically surveying businesses to identify issues and opportunities. ~~iii~!ii~iii~~~ - During the first quarter, staff continued actively participate on the TwinWest Business Development Sub-Committee which is in thc process of updating the demographic data and community profiles of all TwinWest Cities. 13. 14. ~iii~~i:i~~ - During the nrst quarter staff met on several occasions with Brad Hoyt, owner of a 19-acre industrial zoned parcel at 7300 49th Avenue, regarding development3~ the site. Development plans will be presented to the Planning Commission/City Council in Ap~ ~:i!i~ii~i~i~!~ - During the first quarter staff met on several occasions with District No. 281 representatives regarding preliminary plans for the development of an athletic track facility at Cooper High School, including meetings with a traffic consultant. It is anticipated that the School District will be presenting plans to the City and making a formal zoning application during the second quarter. 15. ~.i.~.i.~~ ' During the first quarter City staff met with representatives of Mello Smello regarding future expansion of their facility on Highway 169. 16. ~iiiii~~ - On February 2nd and 3rd staff attended a seminar by Publicorp on proposed changes to tax increment financing legislation. 17. ~~!!~~ii~}:i~~ - Staff participated in the TwinWest Executive Call Program during the first quarter and this will be continued into the second quarter. Thus far calls have either been made or are scheduled with Bayport Controls, Midwest Container and Ben Franklin. 18. ~i~:::~i~ - During the first quarter the Codes & Standards Committee and staff continued to research alternative sign code options to resolve the Ponderosa wall sign issue. A recommendation will be made to the Planning Commission in April and be forwarded to the City Council for action. 19. .......· '~:::::::::~-~ ................ - During the first quarter Super America indicated to staff that they have decided to proceed with the construction of a facility at 62nd and Broadway. Due to the fact that their application expired two years ago, they will need to submit for another zoning filing and are expected to do so in April. 20. ~i:~!i~ - During the first quarter staff continued to work with the petitioner on a PUD application and this will be considered by the City Council/Planning Commission in April. 21. ~i.!.~~ - During the first quarter staff continued to work with Gethsemane Cemetery officials on a Development Agreement and on outstanding fee issues. 22. ~ii~~ ' During the first quarter staff continued to coordinate on the Paddock Laboratories development and an executed Development Contract and bond were submitted. 23. ~~iiii~ - During the first quarter staff continued to work with Lakeside Ltd. to resolve Development Agreement issues. Overall, the activity in the planning and development area has been high during the f~rst quarter, with 15 applications being made by the fLrst part of April and a good deal of staff time devoted to the Cooper High School, Wrobel Rezoning and Ponderosa Wall Sign issues. Kirk McDonald Management Assistant/Community Development Coordinator HOUSING AND REDEVELOPMENT AUTHORITY First Quarter 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.am Currently, the Section 8 Rental Assistance Program is providing assistance to 250 New Hope low income families. This is down from the 255 families that were being served in December. During this same time period in 1993, New Hope was providing assistance to 282 families, so overall the program is serving a lesser number of families in 1994 as in 1993. The difference is due to the new portability policy adopted by Metro HRA which allows families with vouchers/certificates to move from one jurisdiction to another. The breakdown is as follows: Certificates Vouchers Total January 183 69 252 February 184 70 254 March 182 68 250 The number of housing inspections has increased slightly compared to the same time period in 1993. During the first of quarter of 1994 a total of 88 inspections were completed, as compared to 80 for the same time period in 1993. A breakdown of housing unit inspections is contained in the following table: Year Initial Reinspect Total to Date Section 8 66 22 88 88 Metro HRA has continued conducting quarterly meetings with the local housing representatives to listen to complaints, work out procedures/problems, and to determine how clients can be served more efficiently. New Hope's representative actively participates in these meetings. Also, during the first quarter City staff continued to meet with Metro HRA representatives to begin discussing contract issues, including areas where the City could assume more responsibility to increase the amount of reimbursement received. Community Development Block Grant Pro_re'am A. ~~ - At the annual Community Development Block Grant public hearing on March 28th, the City Council authorized the expenditure of $30,000 in CDBG funds for housing rehabilitation, which became available on July 1st. All 1992/93 funds have been expended or committed. Hennepin County manages the 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 is one residential household in the process of being assisted, with two being rehabilitated and two on the waiting list. During the first quarter two rehab deferred loan program repayment agreements were approved. At the January 10th Council meeting a $10,000 loan was approved for 3136 Boone Avenue and at the January 24th Council meeting a $10,000 loan was approved for 7920 49th Avenue North. ~~!!~ - The annual CDBG public hearing was held on March 28th and the City was notified that it would receive $176,799 in 1994 (July 1, 1994, to June 30, 1995) CDBG funds. This is a $17,306 increase over the 1993 funding of $159,493. The City Council approved the following proposed programs, which are either on-going programs or projects previously agreed to by the Council: Activity_ Child Day Care Senior Transportation Housing Rehabilitation Multi-Community Head Start Facility Senior Adult Day Care Facility Removal of Architectural Barriers Budget $15,000 11,550 30,000 8,100 33,000 79,149 $176,799 Subsequent to the public hearing, program statements were forwarded to Hennepin County for approval. ~iiii~iii~iiii~ - During the .first quarter the City continued to pursue several future projects which will be funded in part by previous years CDBG monies for scattered site housing programs. The City finalized the purchase of the home at 5009 Winnetlm in February, which will be demolished and a new handicapped accessible duplex constructed. Progress is now being made to seal the well, disconnect the utilities and turn the structure over to the Fire Department for training purposes. The City also purchased the vacant HUD home at 7109 62nd Avenue North, which will either be rehabilitated or demolished and replaced with a new home and specifications for rehabilitation are in the process of being drafted. The objective of the program is to provide home ownership opportunities for New Hope low/moderate income residents who may or may not have specialized housing needs. Both of these projects will also be financially supplemented with other grant funds, besides CDBG, that have been awarded to the City. Environmental reviews/assessments were completed on these properties (which is required for the use of CDBG funds) by the Administrative Analyst during the first quarter. Minnesota Housing Finance Agency Grants $60,000 grant for the 62nd Avenue/West Broadway neighborhood to finance the acquisition of a blighted property and to provide gap financing for either rehabilitation or demolition/new construction to provide affordable housing for low/moderate income New Hope residents. During 1993 staff identified an eligible property at 7109 62nd Avenue North and the City Council authorized the purchase of the property at the September 27th Council meeting. The City acquired the site and closed on the property in November. During the first/second quarters of 1994 specifications for rehabilitation of the property will be completed and bids sought for the work. This project will be financed with MHFA and CDBG grant funds. notified that the MHFA had awarded the City funding in the amount of $45,000 for a Land Trust Grant Application. The MHFA drafted a loan com_znitment document which was approved by the City Council at the November 22nd EDA meeting. These funds, in conjunction with HOME and CDBG grant fundS, were utilized to acquire the property at 5009 Winnetlm Avenue North in February, 1994. During the second quarter demolition will occur and specifications drafted/bids sought for a new structure. Multi-Family Housing Financial Assistance Policies At the July 26, 1993, EDA meeting a consultant agreement was approved with Public-Private Ventures, Inc. to assist staff in formulating policies to address requests for funding assistance for building rehabilitation/renovation work from owners of multi-family buildings in the City. Staff worked with the consul~nt throughout the third quarter and the policies were presented to and approved by the EDA on September 13, 1993. In conjunction with thc development of theses policies, staff and the consultant also met with the owners/managers of two complexes seeking assis~nce during the third and fourth quarters: New Hope Apartments and Park Square Apartments. Staff presented a loan proposal to the EDA for the New Hope Apartments in February, 1994, and the first multi-family financial assistance project was approved. The closing is scheduled for the first part of April and the rehab work will get underway shortly thereafter. Broadway Lanel Multi-Family Housing Refunding Revenue Bonds On August 9, 1993, the New Hope City Council and EDA approved a resolution authorizing the issuance and sale of Multi-Family Housing Refunding Revenue Bonds for Broadway Lanel, who are the owners of the Anthony James Apartments at 61st and West Broadway. The project was built as a tax increment project and housing bonds were utilized. The purpose of the refunding was to refinance the bonds to allow the developers to obtain a lower interest rate. During the fourth quarter of 1993 and the first quarter of 1994, staff continued to meet with the developers on a loan/grant agreement to assist with a senior community center project. Final plans and loan documents were presented to the EDA for consideration in February, 1994, and the EDA approved the project. Construction of the senior community center will commence this spring. CO-OP Northwest A. ~!iiii~ ' 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 its portion of the funds, in conjunction with other grant monies, to acquire the property at 5009 Winnetka Avenue North and demolish the sub-standard home and construct a new duplex that will accommodate special housing needs. The goal is to provide home- ownership opportunities for low/moderate income new Hope residents with specialized housing needs on a scattered site basis throughout the City. Staff continued to coordinate the grant during the first quarter of 1994. ...... ... :::::::::::::::::::::::::::::::::: · :~:::: - ..:::..:::.- ·..~: ::: :.:::::: :.::::::: :.. ........ .......... · ....... :::.... =============================================== ....... 5:: "' :" ¢:~:i: ! ..!ii~..~ ' : ' B. ~i~~i~~~:~:::::::~~ - During the fall of 1993, staff assisted with the formation of the CHODO Board of Directors by encouraging a variety of sectors of the community to apply for positions. City Manager Dan Donahue was appointed as the City's representative to the Board. The Board will oversee the expenditure of the HOME Grant funds. An additional $10,000 was also received to assist with the staffing/administration of the CHODO and staff is assisting in delineating City/consultant responsibilities. The first 5-City CHODO Board meeting was held in December, 1993, and staff continued to provide support to the Board during the fa'st quarter of 1994. C. ~ Staff continues to participate in the 5-City Multi-Jurisdictional Housing/Human Services Group, which is seeking programs to integrate human services with multi-family housing complexes. Seven action groups have been formed and staff serves as Co-chair for the Housing and Family Services Action Group, which is in the process of formulating a 1993/94 work plan. Besides serving on this Action Group and reporting to/attending Executive Committee meetings, staff also continues to serve on the Planners' Sub-Group, which meets on an informal basis to coordinate housing programs and new initiatives. Remodeling Fair During the first quarter New Hope staff cooperated in a joint effOrt with the cities of Crystal, Brooklyn Park, Brooklyn Center and Robbinsdale to sponsor the second annual Remodeling Fair, which was held at the Crystal Community Center on March 19th. The purpose of the fair was to encourage homeowners in the five cities to remodel/upgrade existing homes, with over 50 local contractors in attendance with booths. The local banks participated by providing financial information for home improvements and each City will provide information on zoning codes and building code requirements. The 5-City police and f'ue departments will also be represented. The fair was very successful with an estimated attendance of 3,000 residents. MHFA First Time Homebuvers Program During the first quarter the Administrative Analyst p~epared an application for New Hope to participate in the Minnesota City Participation Program. The MCPP is a program through the MHFA in which the MHFA is able to sell 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 homebuyers. The City of New Hope is applying for $2 million. For 1994, the MCPP program term is six months. During the first four months, participating cities have exclusive use of their individual allotment. During the final two months, the individual allotments will go into a statewide pool that will be available to all MCPP participating cities. The program term will begin shortly after the bond sale which should occur during the summer of 1994. In order for persons to apply for money through this program they must: a) be a first-time homebuyer; b) occupy the home within 60 days of mortgage closing; c) meet certain household income requirements ($31,744 or less (for a family of four); d) and purchase an existing home for $85,000 or less, or build new for $95,000 or less. The fee for participating in the program is $20 for each $100,000 in allotment provided. Also, an application deposit of 1% of the allocation amount specified in the agreement. The 1% deposit is refunded within a month of the closing of the bond sale. The EDA approved the submittal of the application the tm'st part of April. Kirk McDonald Management Assistant/Community Development Coordinator ENGINEERING PROJECTS First Quarter Report Progress took place on the following major engineering projects during January/February/March, 1994: ~i~~?~~ii~~!i~ - A second informational meeting was held with property owners in February to identify specific walls to be reconstructed/removed/repaired and a feasibility report will be presented to the City Council in April. ~iiiii~ii~~ - At the March 14th Council meeting, the City Engineer presented a report regarding the televising of Trunk Sanitary Sewers. Only one major repair was recommended at 5701 International Parkway at an estimated cost of $15,000. The Council accepted the report and the engineer will proceed to draft specifications for the project. City Council approved the f'mal pay request to Richard Knutson, Inc. for the 1992 Local Street Resurfacing and Utility Project in the amount of $38,127.83. 28th Council meeting, the City Engineer presented the Feasibility Study on 36th Avenue Street Improvements between Winnetka and Louisiana Avenues and the Reconstruction of 36th Avenue Railroad Bridge and a motion was made to accept the report. There was also considerable discussion regarding the transfer of the Soo Line Railroad Bridge to the City and this matter was tabled and staff continues to pursue a variance to this process. At the March 14th Council meeting, the City Council passed a resolution providing for a public hearing on this improvement on April 1 lth. At the March 14th Council meeting, the Council also passed a Resolution Declaring Intent of City to Reimburse Costs for Project #486 with Tax Exempt Debt and Establishing Compliance with Reimbursement Bond Regulations. the City Council passed a resolution approving plans and specifications for the Public Works Salt Storage Building and Site Improvements and authorized advertisement for bids. Estimated cost for the improvements is $377,700 and the project will be financed from the 1994 Capital Improvement Program. ~ii!!i~ii!ii~iii~::::~i!iiii~,;:~~i?: ~~- Finalization of the contract on Phase I City Hall Remodeling ~s expected this spring with work to be completed on several remaining outside items. ~~ii~ili!i~ii~iiiii~!!ii~ - The Stormwater Management Plan Task Force conducted its last meeting in February and approved the preliminary draft of the Surface Water Management Plan. The plan has been presented to the Watershed Districts for review and comment and will be presented to the City Council this spring after additional revisions. 10. 11. ~iii~iii~!ii~!i:~ii~ii~~ii~ii~ - Throughout the first quarter City staff revised and f'me tuned plans and specifications for Phase II City Hall Remodeling and the revised plans will be presented to the City Council this spring. ~-~ Council meeting, the City Engineer presented plans and specifications for the repainting of the 42nd Avenue Railroad Bridge. Estimated cost at the time was $82,000 and the project would be funded with 42nd Avenue tax increment funds. The Council approved the plans and specs and authorized advertisement for bids. Throughout the first quarter staff coordinated with the City Forester, City Engineer and a landscape architect to prepare landscaping/maintenance upgrade plans for 42nd Avenue. The project will be presented to the City Council in April. 'meeting, a Design Engineer from Bonestroo and Associates presented a Feasibility Report on Tennis and Basketball Court Evaluation. The purpose of the study was to develop a schedule of improvements over the' next four years for the ten basketball courts and six sets of tennis courts in the City. The proposed 1994 program includes basketball court improvements at Terra Linda, Liberty, Sunnyside, Northwood and Lions Parks for an estimated cost of $81,200. The Council accepted the study and authorized the preparation of plans and specifications for the 1994 improvements. ~iiii~i!!iii~iiii~iiii~iii~ - At the March 31st meeting, the City Council approved plans and specifications for park shelter roof repair at Liberty Park and authorized the advertisement for bids. Kirk McDonald Management Assistant/Community Development Coordinator TO : KIRK McDONALr~ FROM: DOUG SANDSTAD DATE: APRIL 20, 1994 SUBJECT: FOCUSED P,E~IEW OF EXISTING CONDITIONS-INDUSTRI&L LAND WITH OUTDOOR STOP, AGE AND/Of[ "FRONT" PARKING. This summary and the attached graphics respond to a recent Planning Case, number 94-9 and the staff perception that our older front yard parking prohibition in the I-1 Zone may be obsolete or in need of improvement, most recently discussed with Planning Case number 94-8. The former involved .an industrial property owner who was ordered to remove illegal outdoor storage or obtain the necessary CUP. His petition is pending. The latter case involved a recently approved office-warehouse project of Brad Hoyt's with significant front yard parking that was well buffered with landscaping and eventually approved by both the Planning Commission and Council. The pertinent city code sections for outdoor storage in industrial areas are; 4.142, 4.144, subdivisions 1, 2 & 12, 4.145 and general language in 4.21. Note that 4.142 lists one classic major outdoor storage business as a Permitted Use , Lumber Yards (#7)! By code , all other outdoor storage varieties require a CUP. The code language that relates to "Front" parking in industrial areas is 4.145(4) and 4.145(5) and 4.022(84). The latter deals with the definition of a "front yard", although the parking issue at hand results from "parking in front of the building" verbage which normal humans take to be the same. Not this time. We have a number of industrial properties on lot corners or "through" lots where building front and front "yard" are different. See photos #6 and #17. While both are attractive lots with greenery on the pictured street, #17 represents the prohibited parking in "front", which is also the front "yard". Photo #6 illustrates how the front "yard", as defined, has nothing to do with the perceived front, usually where the entry exists. This is a green front yard that complies with the code intent in 4.022(84) but the actual parking is lumped in the defined side yard along Boone Avenue, where the front door is (the perceive4 front). While the practice has been to consider the I-1 limitation language to pertain to front "yard" parking, it does not say that in 4.145(4). Only a Zoning Administrator could follow this maze. Perhaps we need to clarify and modernize. In brief, the assorted photos will confirm my conclusion after visiting all 115 industrial lots in the last week: All of the existing parking situations have been Planning Commission and Council approved. Most of the projects built since 1970 have a reasonable strip of greenery between the parking lots and the public street near the main (front) entry. They all include sod and a few trees, while many have a berm and shrubbery, also. Photo #12 has been enlarged for you (before the trees have had a chance to leaf out this Spring) to show a recent office-warehouse whose building and four front doors are almost concealed from street view to "screen" about 6 parking spaces. This building is nearly 100 feet back of street curb. It may make more sense for everyone to focus on the quality of the front landscaping, continued... and the value in our new 2OZ Green Area Ratio. In addition, the security is enhanced because our police patrol cars can view front doors without high berms in the way, otherwise encouraged by 4.145(6), requiring screening. Site design flexibilty is restored to the property owners, while the variety and investment in the greenery can be assured through our process, if we recognize how development has occured. Some property owners in I-1 zones are now able to consider building expansion, because of our 1993 decision on green area ratios, but are prevented from adding required parking in "front" where an oversized yard exists. Everyone agrees that the street views of a property, regardless of which "yard" the code labels it, are always more important from an aesthetic and property value standpoint. Maintenance of properties, including industrial, is related to the owners willingness to fully, reasonably, develop and use the building and land. We can encourage investment and improve the "curb appeal" of industrial lands, by removing an artifical barrier to "front" parking and placing emphasis on the quality of the site design, by policy or law. For example, the same I-1 list of special restrictions in 4.145 requires a 20 foot green yard along lot lines near residential and 10 foot along other properties. Ignoring the question of the increasingly blurred line that used to contrast "Heavy Industry" (I-2) from "Limited Industry" (I-l), we could establish a minimum green setback along those visible street areas of something like 25 feet, allowing significant landscaping, while continuing to require the 20% G.A.R. in I-1 zones. Another observation I made during this survey is that "Visitor" parking signs, suggested by 4.145(5), are now missing, never were installed 20 years ago, are ignored by employees and the owner of the business, who expects to park by the front door, or seem to make no sense to normal humans. Since we do not allow property owners to "reserve" parking spaces on their land with signs, except for state required disability parking, the posting of a few "Visitor" signs seems superfluous. Attachment "A" provides the counts for both front parking and outdoor storage scattered among our industrial properties. Outdoor storage in industrial zones always requires a CUP, by city code. As identified by Mr. Palanisami in his recent planning case discussions, significant numbers of violations exist on this subject. A quick survey of all 115 lots suggest that about one-third of the outdoor storage uses are illegal! Semi-trailers seem to be the most common variety, as revealed in photos #I, 13 and 15. Note that photo #15 is approved outdoor storage with screening-solid fencing,shrubs and a hill near the property line. It is barely visible from the street 400 feet away. Photos fl and 13 are taken near heavily-traveled roads, Medicine Lake Rd. and State Highway #169. Both uses are plainly visible. Photo fl is the Petitioner requesting a CUP and the bottom photo shows the adjacent neighbor with about 10 semi- trailers, not-approved by the city. In general, New Hope has approved many CUP requests for outdoor storage, but they tend to be located in rear or less-visible areas and to some degree have visual screening. Photo #14 is an approved CUP with storage on an expensive slab with solid screening fence in the rear yard of a lot. Photos #10 and 11 show front and rear storage plainly visible through an open cyclone fence~the same lot. The numbers clarify that it is somewhat common to have a need for outdoor storage in our least sensitive zoning districts, and Council has recognized this fact with many approvals. The same code even~allows a lumber yard in these areas without special approval. Should the focus of the city be continued... on the presence of any storage in industrial areas, the visibility of same, the location (yard), the CUP ordinance language & conditions, making minor outdoor storage a permitted use with a few conditions, or none of the above Perhaps the type of material and equipment stored is important. The attached chart "A" and the four industrial land maps do not even include above ground LP tanks, which until recently, did not require a CUP. Staff only allow them at construction sites and in the industrial areas. Unlike most storage, these tanks are fixed in place and carefully regulated and inspected by the Fire Marshal. Chart "A" numbers would be much higher for outdoor storage, if they are lumped into the same category. In one sense, we need to remember that it is an industrial area we are considering. Security fencing around most of the industrial storage seems to be justified, although not always present. The Fire chief found an untended, unlocked semi-trailer half-full of combustibles last week on one lot, stored away from the building. The Palanisami CUP request has some uniqeness; *The lot is nearly a triangle, with all four building walls and yards visible from one of three roadways. *The adjacent neighbor has major outdoor storage of semi-trailers without apparent city approval. *This request is small compared to a site on the south end of the city that had 19 semi-trailers illegally stored ! Both of the code-generated issues discussed, here, may be evidence of the need to consider zoning codes and planning policies dynamic processes. Like buildings, you can't just erect them and forget about them. You have to watch for foundation cracks, patch roof leaks and tighten loose stair handrailings. I am certain that the quality of our newer buildings and site plans is much improved over the standard practice of 1962, but we may want to modernize a code section or two,before the "roof leak" gets too bad. If there is some interest in considering code amendments, I recommend that we landfill the obscure language and simplify, so that everyone can understand the meanings. Please advise, if you would like additional details, or a meeting to pursue the matter. cc: file 17 attachments City of New Hope INDUSTRTAI. PROPERTY LIHITED SCOPE STUDY April 20, 1994 Industrial Land Map: BASE DATA: 96 Lots I-1 Zone (83%) 19 " I-2 " (17%) total 115 Properties A B C D Council Approved: 1 OUTDOOR STO~GE~ "FRONT" PA~ING: I-1 I-1 I-2 I-2 11 - 13 - 2 3 I 2 11 - 25 total - 3 4 6 5 22 9 (~[26 Z] total (~ [27 Z] 66 Z 100 Z NOTE: 47 Different properties have storage or front parking [41%] 10 Lots have illegal storage [9 %] 1 Does not include LP tank installations All Properties visited between April 14 and April 20,1994. DES 4-94 New Hope Industrial Land PlAPKEY: ZONING DISTRICT MAP CITY of NEW' HOPE R.0 VICTORY PA~IK t RAILROAD COMPANY R tEN?tN NO R.4 CirNT[R ATHL£T~ FIELD 19 TH BAVF $" "Og'l"lXX)~ S'1'0~ ' photo ze£eze~ce [L - "T..O&DZ]IO ]:]i I~'~)B'EO~ 8UI*LDUqG"] R-4 $4 ?~4, R.4 1 ! ~c~ A~£NA I ! I I ! ! S - "OUTIMOR STORAGE" P" "PARK]~G TW FRONT O~ BUTLDING" ' photo reference number [L - "LOAD~G ~ FRONT OF BU%LD~qC"] R.4 AOil. OlrlflC( I S - "OUTDOOR SI'OF, ACE" P ' "I'ABZ~[IIG ]]1 FRONT O! BU'r_LDI. NG' - Ph°co z'e£erence mmber [L - 'tI,G&D]]IC. ]~N li'f, OilT OF BUII.DZNG" S '* uOUTI)GOR STORAGE" P" "PARI~HG TW FRONT O~ BU~LDLlqG'' - phot:o reference mmber IL - uLOAD]~G 't'w FRONT OF BU'J~LD~qG'] .4. .! --], I-:' ' "'x,, Sp,~gneH~ CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 City Council Worksession #3 April 18, 1994 City Hall, 6:40 p.m. CALL TO ORDER ROLL CALL SEALCOATING PROGRAM Item 11.1 City Council Worksession The New Hope City Council met in special work session pursuant to due call and notice thereof; Mayor Erickson called the meeting to order at 6:40 p.m. Present: Erickson, Wehling, Otten, Enck, Williamson Mayor Erickson introduced for discussion Item 11.1, Sealcoating Program; Approval of Specs for New Cab and Chassis with Truck Mounted Oil Distributor. City Manager Dan Donahue informed Council that an analysis has been prepared outlining the City's Sealcoating Program's performance over the past several years and comparing neighboring cities (Plymouth, Brooklyn Park, St. Louis Park, Crystal, Golden Valley, and Minnetonka) who have all contracted for sealcoating services. He stated staff has held discussions with Public Works Directors of neighboring cities and has reviewed their specs and sealcoating programs in an effort to determine whether the City of New Hope should retain this service in- house or contract out this service. Mr. Don Larson, Public Works Superintendent, informed the Council of his findings regarding the pros and cons of contractual versus in-house sealcoating programs. Mr. Larson indiCatedthis information is included in the report provided to Council. He reported that he has asked a representative from Allied to address the Council. Allied is one of the largest contractors in the area and receives about 99% of the bids. Mr. Larson stated that St. Louis Park and Golden Valley are two communities that have an in-house program and favor this method in all areas. Councilmember Enck stated that every budget year another piece of equipment is needed as well as storage space. He questioned the impact on the budget if the City were to contract sealcoating out but yet continue to pay city personnel wages. He noted the sealcoating process may not be handled as timely as conducting it in-house since a contractor may have several contracts to fulfill. Councilmember Otten questioned Whether city employees would be assigned to other projects if the in-house sealcoating program was discontinued. Public Works Director Roger Paulson replied that their time would be transferred into storm sewer repairs, catch basins repair or sidewalk repairs. City Manager Donahue stated that the labor pool would still exist and would have to be paid; therefore, it would be necessary to either decrease the labor pool to avoid the cost or spread the cost through the program. Councilmember Otten inquired if there are jobs that are being short suited because of the sealcoating. Superintendent Larson stated he did not think so as there are only two to three weeks that are spent sealcoating, but personnel is still needed to do other jobs all year round. He noted if the sealcoating would be contracted out, other projects could be enhanced. Councilmember Wehling asked if funds would be saved by contracting out the sealcoating. Public Works Director Paulson stated there would be no savings and possibly a greater cost to contract out for sealcoating. Superintendent Larson - 1 - April 18, 1994 indicated he could demonstrate ways the City would save money by doing the sealcoating in-house. Gene Capistrant, Allied, was introduced to the Council. Councilmember Enck stated that the City has been doing their sealcoating in-house and with contractual services coming to the forefront asked Mr. Capistrant to discuss what Allied could provide to the City. Mr. Capistrant stated he feels the City has done a very good job with their sealcoating program although there has been some problems with the chips not bonding with the sealcoating. He continued by stating that he feels contracting would be a less costly way to implement sealcoating considering the factoring in of engineering costs. Mr. Capistrant stated that with four road crews available to them, their company could probably get the job completed much faster than the City. He stated there are cheaper ways to sealcoat by using cheaper or smaller aggregates that would cut down the asphalt application and save money. Mr. Capistrant said that as far as control is concerned his firm is on top of jobs and equipment and tries to micromanage contracts. Councilmember Enck asked about weather related jobs. Mr. Capistrant stated that his company goes by current state specifications showing dates when sealcoating should be started. Mayor Erickson asked what cities are currently served by Allied. Mr. Capistrant replied that they are contracted with Maple Grove, Burnsville (joint venture with Lakeville and Apple Valley), Brooklyn Park, and Blaine. He stated if they were contracted by New Hope, the process would be completed in 3 or 4 days' work. Mr. Capistrant indicated the City can rent his company's sweepers for approximately $60 an hour and get the job done in a few days and not have to pay the operators or maintenance so that would be a savings to the City. Councilmember Wehling inquired if the City could rent their oil distributor. Mr. Capistrant replied that it could be rented to the City, but the aggregate would have to be applied efficiently so that Allied could proceed quickly. The City Council thanked Mr. Capistrant for attending the worksession. After further discussion, it was the consensus of the City Council to rent the oil distributor from Allied for this year's sealcoating program after the budgeting is determined and an agreement is approved by the Council. 1994 FIRST QUARTER GOALS & OBJECTIVES The City Manager explained to Council that staff breaks down services by programs in order to form each department budget. Mr. Donahue stated the program statements illustrate each department's program goals and objectives. He commented regarding the Quarterly Report indicating it contains <nuch data although it does not reflect whether departments met their quarterly goals. The City Council reviewed the Quarterly Report submitted by the various departments and felt the report was too lengthy. They suggested revising the format to contain a synopsis with a data report to support the synopsis. Mr. Donahue stated he would ask staff to experiment with the ideas recommended by Council. Counciimember Otten stated he envisioned the quarterly workshops to be more of an informal meeting which would allow discussion regarding each department' s City Council Worksession - 2 - April 18, 1994 quarterly goals and any budget or personnel problems. Councilmember Williamson suggested that the next quarterly workshop agenda contain no extra items thereby enabling the Council to focus solely on goals and objectives. HOME OCCUPATION ORDINANCE Item 1 1.3 Mayor Erickson introduced for discussion Item 11.3, Home Occupation Ordinance. City Manager Donahue stated last December this item was before the Council. The Council tabled it until a future work session to discuss whether the proposed changes to the ordinance were sufficient or warranted. Mayor Erickson stated he felt that the existing ordinance was working very well, and he is unaware of any problems. Mr. Donahue stated that some of the issues related to traffic coming into neighborhoods and also the issue of additional employees. Mr. Donahue told Council the City Attorney has indicated it would be hard to regulate traffic and parking because the zoning codes allow on-street parking for six hours. Councilmembers Enck and Otten commented that they are not in favor of expanding the home occupation ordinance. CHEMICAL HEALTH AWARENESS COMMISSION Item 11.4 Councilmember Enck recommended that Section 4.038 (3)(b) Traffic and Section 4.038 (3)(c) Em I_._~QLp_y_~ be eliminated from the ordinance and Section 4.038(3)(e) Sale~ on Premises and 4.038(3)(f) ~ be included in the amendment to the ordinance. Mr. Donahue indicated he will direct the City Attorney to revise the proposed ordinance amendment for approval at a Council Meeting. Mayor Erickson introduced for discussion Item 11.4, Future of the Chemical Health Awareness Commission. City Manager Donahue said he is seeking direction from the City Council on the issue of the Chemical Health Awareness Commission. He asked Council if they would like to have the Commission status ClUO or wait for an incident or issue to come forward. Councilmember Williamson reviewed the purpose for the Chemical Health Awareness Commission stating that they worked with the detached worker and the school district. Councilmember Williamson stated at this time there are several programs from other sources so she does not see the need for this Commissionl The City Manager stated that if the Council wished they could transfer these duties to the Citizen Advisory Commission and give them the authority to put together a special study group. Councilmember Williamson stated she would like to do this on a sub-committee basis and if a program came up that needed some investigation or public input, then the Advisory Commission could take the initiative. The City Manager stated the existing ordinance would require an amendment to transfer the duties to the Citizen Advisory Commission. OPEN MEETING LAW VIOLATION INSURANCE Item 11.5 Mayor Erickson introduced for discussion Item 11.5, Open Meeting Law Violation Insurance Coverage. Councilmember Enck referred to a recent Minnesota Cities magazine article regarding this issue and pointed out that chances are no current Council member will intentionally violate the Open Meeting"Law; however, social events may become an issue. Mayor Erickson favored the insurance coverage for self- protection because of the "law-suit happy" society which exists today. Councilmember Enck asked staff to have the city attorney look into whether or not the open meeting law is being violated by Council if it is the perception of people that getting together socially after a Council meeting is a violation. Mayor Erickson suggested asking the City Attorney to spell out the parameters that Council has to abide by if Council does socialize as a group. GRANT CONTRACT Item 11.6 Mayor Erickson introduced for discussion Item 11.6, Resolution Accepting Grant Contract for a Cooperative Housing Planning Project from the Board of City Council Worksession - 3 - April 18, 1994 RESOLUTION 94-55 Item 11.6 OTHER BUSINESS ADJOURNMENT Government Innovation and Cooperation (hereinafter Board) to the City of New Hope (hereinafter Grantee) on Behalf of COOP Northwest. Mr. Donahue stated COOP Northwest has obtained a $50,000 planning grant to study cooperative housing planning projects in its five cities. He explained the urgency in getting the resolution adopted enabling its submittal to the state. In order to establish good financial controls, the City of New Hope will be handling the funds until the accounting work can be transferred to another organization. Councilmember Enck introduced the following resolution and moved its adoption: "RESOLUTION ACCEPTING GRANT CONTRACT FOR A COOPERATIVE HOUSING PLANNING PROJECT FROM THE BOARD OF GOVERNMENT INNOVATION AND COOPERATION {HEREINAFTER BOARD} TO THE CITY OF NEW HOPE {HEREINAFTER GRANTEE) ON BEHALF OF COOP NORTHWEST." The motion for the adoption of the foregoing resolution was seconded by Councilmember Wehling; and upon vote being taken thereon; the following voted in favor: Erickson, Enck, Otten, Williamson, Wehling; and the following voted against the same: None; Absent: None; whereupon the resolution was declared duly Das~ed and adooted, signed by the mayor which was attested to by the city clerk. Councilmember Wehling informed Council of a number of issues she would like to discuss at future worksessions: 1) 2) 3) 4) 5) 6) 7) Housing Issues - deteriorating housing Senior Citizens 42nd Avenue Landscaping Mielke Field Vermin Infested House Human Rights Commission Emergency Management Plan The City Council set the next worksession to discuss the Human Rights Commission for MaY 2, 1994. Motion by Councilmember Wehling, seconded by Councilmember Otten, to adjourn the City Council Worksession. The meeting was adjourned at 9:03 p.m. Respectfully submitted, Valerie J. Leone City Clerk City Council Worksession - 4 - April 18, 1994 TO: DAN DONAHUE FROH: DOUG SANDSTAD DATE: APRIL 21, 1994 SUBJECT: 'KIHBALL PLA~~ CONCEPT IDEAS ADJACEN~ TO CHURCH OF ST. JOSEPH~S I have provided three concepts on the attachments that probably cover the spectrum of potential single family housing on and near the Kimball home. All three meet minimum standards for R-1 development. I have identified the approximate tree line around the-perimeter of this valuable property, even though we have no tree preservation ordinance. The public drainage i~provements in concepts "B" and 'tC" could benefit the neighborhood and lessen downstream Bassett*s Creek flooding. Our draft Haster Plan recommends ponding upgrades, here. Let me know, if you would like larger or more detailed concepts. As always, I would be glad to meet on the subject. cc: HcDonald Bellefuil Hanson file (44) .... I' / Permit'S. ed ~ensi C7 = '"4.6/acre ]. I ~-~, Average lot area '12 780 s~ 4 ~ '- ~ '~ ~: " [M_in~mun Lot Area = 9',500"sfl.' (]0) " ~ · · " Existing home.. relocated (3i)' 3 (32) PROJECT DATA: (~ers: Kimball Church 135,953 si + 37.800 sf= 173,253 'Street: 14,850 + 17,420 = 31,850(4a) (.Ta Residential: 141,900 (3.2a) 12 Lots; DEHSITY= 3.7 units/acre [Permitted Density=4.6 units/acre]. Average Lot Area= 11,825 sf [Nini~nm Lot Area= 9,,500 sf] Existing Home Relocated Stomvater improvement~ included Scale: 1" = 100' IO (44) N (3) 4 (41) $ (4~) ! (3O) (40) ' I! (45) (30 ~=, 141.'71} I0,...'1 :.i ."...PROSECT DATA:; [~{mhalt .'.' ~,=Church .... .o-~.':.'~ . ~ . .: J-. . ..~ ~ . -- .' .35~9~.~f. '-~+.'~'5I;~00~i87;753 · . ~' "-'..- -'i "': '.~-: ~' (4.3a) 23,500 ~ 17'420~ 40..920 '' " ..'(';94a) ~ident~aZ: 146,833 sf (3.4a) iots;'Dl~lSlT~=:3.8tmits/acre i~er~l, tted Den*itT=4.6 un~ts/acrel A*~rage.Lot'~.ea-= 11.294 sf -' ~mLot lrea ~ 9,500 sf ~t~ng ~om Relocated Stomwater ~ro,~ents included / · (~)