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010593 Planning AGENDA PLANNING COMMISSION MEETING OF SANUARY 5, 1993 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARINGS 3.1 Case 93-01 Request for Conditional Use Permit to Allow a Home Occupation, 4448 Independence Avenue North, Dung Tien Van, Petitioner 3.2 Case 93-02 Request for a Conditional Use Permit to Allow Open Accessory Storage for Overnight Parking of Trucks, $701 Bass Lake Road, Protective Surfacing, Inc., Petitioner 3.3 Case 93-03 Request for a Text Amendment to Rezone Property From I-1 Limited Industrial Zoning District to R-O Residential-Office Zoning District'to Allow Church to Locate in Existing Building, 8801 Bass Lake Road, Medicine Lake Church, Petitioner 4. COMMITTEE REPORTS 4.1 Report of Design and Review Committee 4.2 Report of Codes and Standards Committee 5. OLD BUSINESS 5.1 Miscellaneous Issues 6. NEW BUSINESS 6.1 Approval of Planning Commission Minutes of December 1, 1992 6.2 Review of City Council Work Session Minutes of November 19 and December 3, 1992, City Council Minutes of November 23 and December 14, 1992, and City Council Executive Session Minutes of November 23, 1992. 6.3 EDA Minutes of October 26, 1992 6.4 HRA minutes of November 9, 1992 HRA Minutes of December 14, 1992 (included with Miscellaneous Issues) 6.5 Budget Hearing Minutes of December 10, 1992 7. ELECTION OF OFFICERS '8. ANNOUNCEMENTS 9. ADJOURNMENT CITY OF NEW HOPE PLANNING CASE REPORT .... ~Planning Case: 93-01 'Request: Request for a Conditional Use Permit to Allow a Home Occupation Location: O,48 Independence Avenue North PID No: 18-118-21-22-0030 Zoning: ~R-1 (Single Family Residential) Petitioner: Dung Tien Van Report Date: December 31, 1992 Meeting Date: January 5, 1992 BACKGROUND 1. The petitioner is requesting a conditional use permit to allow a home occupation pursuant to Section 4.038 of the New Hope Code. 2. The petiti.._oner is proposing to operate on a part-time basis a computerized tax preparation business out of his home located at 4448 Independence Avenue North. The petitioner states in a letter to the Building Official that no employees would be hired, no visible sign would be posted, and an estimated 2 customers per day would be served. 3. The petitioner also indicates that he does not anticipate that traffic will be a problem for the neighborhood because the work is by appointment only from 9:00 a.m. to 3:00 p.m., and the business is in operation only from late January through April each year. 4. This application was filed as a result of the petitioner completing a routine "Home Occupation Affidavit". D~ae to the fact that customers/vehicles come to/from the site, staff informed the petitioner that the~ CUP process was necessary. 5. The property is surrounded by "R-1" single family homes on the north, east, south, and across Independence Avenue to the west. Note that there are some "R-4" apartments on the west side of Independ~ce a little farther to the north. 6. The property .Co~s approximately 11,000 square feet and the existing structure meets all setback requk"ements. 7. The topography ~ the property slopes gently from the rear down towards the front (stree0. Plantings are new since the home was built in 1978. 8. Property owne~within 350' of the request have been notified and staff have received no comments on the request. ANALYSIS 1. The regulation ~ home occupations within residential structures is intended to insure that the occupational use :~s clearly accessory or secondary to the principal dwelling use and that compatibility with surrounding residential uses is maintained. 2. For purposes of the City Code, home occupations are defined to distinguish between "permitted home occupations" and "conditionally permitted home occupations". All home occupations which satisfy the "permitted home occupation' criteria shall be considered as a permitted accessory use in all residential zoning districts. Home occupations which fail to satisfy the pe~ed home occupation criteria, shall require a conditional use permit and may be located in any residential zoning district based upon conditions set forth in the approved conditional use permit. Planning Case Report 93-01 January 5, 1993 Page -2- 3. Permitted Home Occupations. Home occupations which meet the following criteria: A. Structural Changes. Businesses which require no interior or exterior changes necessary to conduct the business; which are conducted within a principal building; and which require no mechanical or electrical equipment not customarily found in a home. B. Traffic. Businesses which do not significantly alter the traffic pattern of the nei~borhood. C. ~. Businesses which do not require employees other than those living on the premises. D. Ar~ Permitted. Businesses which require no more than twenty percent of the gross floor area of a dwelling, not to exceed three hundred square feet including accessory building. E. Sales on Premises. Businesses which are not involved in direct sales on the premises except as may be conducted through the use of the U.S. mail or by taking and ordering delivery of orders by telephone. 4. Conditional Use Permit. Conditionally permitted home occupations shall consist of those home occupations which do not meet all of the provisions of//3 above. Said home occupation may be granted a conditional use permit provided that: A. Adver~ Effec~ on Ne'_mhborhood. The City Council shall f'md that all business related activity occurring on the premises shall not cause nay adverse changes to the residential character of the neighborhood. B. Screening of Exterior Chanoes. The City Council shall find that any exterior changes necessary to conduct the business are sufficiently screened, properly designed, or separated by distance so as to be consistent with existing adjacent residential uses and compatible with the residential occupancy. C. Interior Changes. The City Council shall fred that any interior changes necessary to conduct the business comply with all building, electrical, mechanical and fire codes governing the use of the residential occupancy. D. Traffic. The City Council shall f'md that the traffic generated by the business involves only vehicles of the type that typically service single f~mily residences and that such traffic constitutes neither a nuisance n°r a safety hazard. $. Staff finds that this home occupation is conditionally permitted because provisions 3B and 3E of Permitted Home Occupations (sales and traffic) are not met. 6. Other general criteria to be considered when determining whether to approve or deny a conditional use permit include: A. Com_orehensive 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.(~ompatibility. The proposed use is compatible with its adjacent land uses. C. P~rf0rm0,nc~e Standards. The proposed use conforms with all applicable performance standards contained in the Code. D.No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. E. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: 1. In Residential Districts IR-1. R-2. R-3. R-4. R-5. R-O]: Planning Case Report 93-01 Sanuary 5, 1993 Page -3- a. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. b. Screening. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. c. Compatible Appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. 7. The only major concern that staff has with the request is customer vehicles coming to and from the premises. While no detailed plan of the home interior is provided, no change is being proposed - all work will be done in the desk area shown on the sketch. 8. No trucking of any type is proposed. If the number of customers does not exceed two-per- day, any negative impacts should be minimal. Staff recommends that all customers be required to park in the driveway. 9. The signage issue needs to be clarified with the petitioner. On the "Home Occupation Affidavit" under question 'H' the petitioner states that the business would be visible to neighbors only by a small sign. In the letter to the Building Official the petitioner indicates that no visible sign would be posted. City Code states that "a residential unit with an approved home occupation requiring customer or client visits to the home is ailowed...one identification sign for the home occupation. Said sign shall not exceed two {2) square feet in size; it shall be attached to the wall of the residential unit, no higher than six feet above grade, lettering shall not exceed six (6) inches in height and the wordin~ shall be limited to the name and/or function of the home occupation. No illnmlnation of the sign is permitted other than the general house illumination'. If the petitioner is planning on posting a sign, it should meet the above criteria. 10. The Commission should make a finding that there is no significant evidence that property values will be depreciated by allowing the home occupation. RECOMMENDATION Staff recommends approval of the request for conditional use permit to allow a home occupation, pending public comments, subject to the following conditions: 1. Evidence o~~I~ of the property be submitted to the City (the petitioner is apparently a new occupant of the home). 2. Any signage to be pos~l must comply with City Code standards. 3. A limit of two (2) customers per day with cars to be parked in driveway. 4. No truck deliveries or pickups at the site. 5. Annual inspection by staff. Attachments: Section/Topo/Zoning Maps Home Occupation Affidavit Petitioner Letter H & R Block Certificate Site Plan Declaration ATHLETIC FIELD R.4 KOI(! OCCUP&TZONA.ITZD&VZT I, ~;~-' T V~/ , propose to operate a business in the home that I occupy at~ ~l:;~/~/~._~ ~-~:. ~e ~ane of ~he business is ~/~C ~ ~/~ and my description of this business is Complete the following questions, ~.q~l and da~e this form and mail or deliver to: Zoning Administrator, City of New Hope, 4401 Xylon Avenue No,ch, New Hope, MN 55428. A. Is this business regulated by a County, State or Federal agency? Explain. Please attach a copy of the appropriate license or cer~ificate. B. Will any changes to the building be planned or required? Explain. C. Are there any employees or "helpers" who are not family members, bu~: may be present? Explain. D. Will any sales occur on the premises other than by telephone or mail? Explain. Will any customers or vehicles (including cars and trUcks) come to your home because of this business? Explain. (over) F. How many square feeC of floor area will this business take up in your home? What floor/s are involved? \ Is garage or storage building used? G. Indicate if it is your desire to install a sign on ~he outside of the home. H. Will this business be visible in any way? Explain. Name: (printed) ~j~?.- .~/ FA~/ Date: }~-- 1~ -- q7 . e~lana2ion: Customer traffic Co ~he home and a st~n would Duc Chis business tnco the ~a=esor~ re~utrtn~ a Conditional Use CC ~ Coordinator Property File TO ~ DOUG SANDSTAD FROM : DUN6 TIEN VAN 444B ~ndependence Ave N New Hope NN 55428 { 6~2 ) 535-34~9 DATE : Dec 11, 1992 eUBOECT : Ou~-llne Tax Prepared Business at Home Oear sir. As a requested . This is the Plan for my part-time job " Computerized Tax Prepare No employee hired ~ No visible sign posted Estimate 2 cus'tomers a day ~nd it will not be a traffic problem ?or neighbor : First time in this business, not expect customers * Nork by appointment only * Outing the morning from 9:eOam to 3:eepm only ( ~y ~ull time job start at 4~eepm ) * ~nd the business is only in late Oan to ~pril Thanks for' your help Sincerely OUNG TIEN VAN SIN Nc~:PE} ~S, ~ 33CI CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-02 Request: Request for a Conditional Use Permit To Allow Open Accessory Storage for Overnight Parking of Trucks Location: 8701 Bass Lake Road PID No: 06-118-21031-0001 Zoning: I-1 (Limited Industrial) Petitioner: Protective Surfacing, Inc. Report Date: December 31, 1992 Meeting Date: January 5, 1992 BACKGROUND 1. Protective Surfacing, Inc., a tenant in the Twin City Acoustics building at 8701 Bass Lake Road (owned by Darryl Brinker) is requesting a conditional use permit to allow open accessory storage for the overnight parking of trucks, pursuant to Section 4.144 of the New Hope Code of Ordinances. 2.This application is a result of several citations being issued by the Inspections Department. 3. You will recall that in September of 1992, a parking lot setback variance was granted for this property (Planning Case 92-24) in conjunction with the 1993 Bass Lake Road widening and channelization project, which basically consists of widening and channelizing traffic on Bass Lake Road from International Parkway to Zealand Avenue, with new traffic signals being in- stalled at International Parkway and Boone Avenue. All right-of-way for the project will be acquired on the south side of Bass lake Road, thus some type of parking lot setback variance was necessary. 4. Since the granting of the variance, staff have had some problems with outdoor storage on the site and have noted the overnight parking of 3 trucks. Open and outdoor storage is not a permitted use in an I-1 Zoning District...it is allowed only as a conditional and accessory use. 5. Per the enclosed letter from P.S.I. Concrete Surfacing, Inc., to Darryl Brinker, owner of the building, P.S.I. details the reasons for parking their three (3) enclosed, single unit, service trucks at the Bass Lake Road facility during the periods of time they are not in use. They indicate that these vehicles are essential to their normal course of business. The vehicles transport equipment and material stored in the warehouse to and from various projects around the metro area. Without easy accessibility, they state they would be prevented from reacting to their customers' needs. Their projects are often scheduled for weekend, holidays, and evenings when plant shutdowns are possible. 6. P.S.I. indicates that they provide employment for 15 people and have operated in a similar manner at this location for over 5 years. P.S.I. also indicates that many neighboring industries ut'flize their parking lots in a similar manner. 7. The site is zoned I-1 Limited Industrial with R-4 zoning to the south (Pheasant Park Apartments), R-5 zoning to the east across Boone Avenue (senior housing), I-1 zoning to the west, and R-1 zoning across Bass Lake Road to the north. The comprehensive plan states that industrial developments were intended in this "gateway" area of Highway 169/Bass Lake Road with an emphasis on good maintenance. Planning Case Report 93-02 January 5, 1993 Page -2- 8. The topography of the site slopes sharply downhill from the north to the south for one-way traffic flow exiting onto Boone Avenue. 9. Property ownexs within 350' of the subject property have been notified of the request/public hearing and staff has received no comments from the public. ANALYSIS 1. Open accessory outdoor storage is allowed as a conditional accessory use in the I-1 Limited Industrial Zoning District provided that: A. Screened from Residential Uses. The area is fenced and screened from view of neighboring residential uses. B. ~[!:f.a.gi~. Storage area is greased or surfaced to control dust. 2. The existing parking lot is surfaced. The proposed storage area is not fenced, however there is a large amount of natural screening between the south side of the parking lot and Pheasant Acres Apartments to the south. 3. The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining the 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 the afl~olnlng lind 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. 4. The Planning Commission and City Council shall consider possible adverse effect of the proposed conditional use. In determining whether to approve or deny a conditional use permit, the City Council and Planning Commission shall find that: 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.Com_natibility. The proposed use is compatible with its adjacent lind uses. C. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. D. NO Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. E. Zonina_ District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: I. In Industrial Districts ([-1. I-2}: a. Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent b. Economic Return. The use will provide an economic return to the community and commensurate with other industrial uses that the property could feasibly be used for. In considering the economic return to the community, the Planning Commission and City Council may give weight to the sociological impact of a proposed use, both positive and negative. Planning Case Report 93-02 lanuary 5, 1993 Page -3- 5. The petitioner desires to continue parking three (3) enclosed service trucks (16' x 6-1/2', 16' x 1/2', and 22' x 7') in the parking lot south of the building. A total of 47 parking spaces are required on the site and 56 spaces are provided under the "Option C" plan approved by the City Council for the parking lot setback variance, thus if the CUP for outdoor storage of 3 vehicles is approved, the number of parking spaces would still be adequate. 6. City staff requested that the Planning consultant prepare a short memo outlining the differences between off-street parking and outdoor storage, as the petitioner did not necessarily agree with the need to obtain a CUP. Please note that "parking" is generally defined as temporary storage of a vehicle not exceeding 12 hours, while outdoor storage is usually long-term and exceeds a time period of 24 hours. 7. Staff has no particular problem in granting the CUP for the storage of 3 vehicles for business use, however it should be stressed to both the tenant and the owner that lack of maintenance in this parking lot will not be tolerated. Previous to this application there were 3 trucks, a tractor, a trailer, barrels and junk on the ground...which led to the warning notices. If the CUP is granted, only the 3 tracks can be stored on the site and they must be licensed and operable at all times. 8. Staff has a concern about the petitioner's proposed location for the storage of the trucks - note that they are located in the center of the south row of parking stalls. This location could have a negative impact on semi-truck maneuvering, which is designed for a counter-clockwise entry towards the south side of the lot. Please refer to the attached staff exhibit, which illustrates a semi-truck entering the property from the northwest driveway and turning towards the proposed truck storage area. Staff recommends that the storage area be moved to the southwest corner of the site to resolve this problem. 9. Staff also recommends that additional screening be added near the southeast corner of the property to help screen the track storage area. 10. The parking spaces should also be.signed and appropriately striped to accommodate the size of the vehicles and to insure that the spaces are not utilized by passenger vehicles. RECOMMENDATION Staff recommends approval of the request for a conditional use permit to allow outdoor storage, subject to the following conditions: 1. Limit of 3 trucks to be stored on the site in the southwest corner of parking lot, per enclosed staff sketch. 2. Spaces to be signed and striped with details to be worked out with Building Official. 3. All vehicles to be licensed and operable. 4. No other outdoor storage allowed. 5. Additional landscaping (two 2-1/2" Colorado Spruce) to be planted in southeast corner of lot to help screen storage. 6. Annual review by staff. Attachments: Zoning/Topo Maps Letter from Petitioner Parking Lot Layout - Option C Vehicle Storage Sketch Planner's Memo Citations Staff Sketch (Truck Maneuvering, Screening & Alternate Storage Area) R'O VICTORY PAIIK R.3 54 $CIC~ CEN?~II OI~V( Con.c e. te P.O. Box 18~ · Rogers, Minnesota $$374 · (612) $35-2644 · F~c (612) 535-6934 Darryl Brinker Brinker Properties 8731 Bass Lake ~Dad New Hope, ~ 55428 At your request, ~ are writing to formally detail the reasons for P.S.I. Concrete Surfacing to park our three enclosed, single unit, service trucks at the Bass Lake Road facility during the periods of time they are not in use. Many of our neighbors utilize their parking lots in a similar manner. These vehicles are essential to our normal course of business. They transport our equipment and material stored in the warehouse to and from various projects around the Twin City Metro Area. Without easy accessibility, we would be prevented from reacting to our custcmers needs. Our projects are often scheduled for w~ekends, holidays, and evenings when plant shutdowns are possible. We provide employment for fifteen people and have operated in a similar manner at this location for over five years. Thank you for your efforts to assure our continued viability as a member of the New Hope business c~,~nity. President U RB A PLA NG · N · MARKET R ES E A RC H TO: Doug Sandstad FROM: Alan Brixius DATE: 24 December 1992 RE: New Hope - Parking-Storage Definition FILE NO: 131.00 - 92.17 As per your request, we have prepared a discussion that outlines the differences between off-street parking and outdoor storage. Parking can be defined by the following characteristics: 1. Tem~oraryUse~ New hope parking standards are established to meet the. traffic needs of various land uses with regard to residents, employees, and customers. In this regard, the parking standards recognize the parking turnover rates of different land uses to quantify the.a~nount of parking required on a site. To facilitate turnover parking is a temporary storage of a vehicle generally not exceeding 12 hours. 2. Type o£ Vehicle, New Hope has established design standards for parking lots and parking stalls. The parking stall dimension outlined in Section 4.036 4 (v) are designed to accommodate personal passenger vehicles, vans, motorcycles and pickup trucks. This is supported by Section 4022 (106) of the New Hope Zoning Ordinance which defines a parking space as follows: (106) Parking SDace. An area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one automobile, which has access to a public street or alley, permitting satisfactory ingress and egress of an automobile. 5775 Wayzata Blvd.. Suite 555 .St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 Within the performance standards of the City of New Hope, parking may be construed to be limited to these types of personal vehicles. The parking or storage of larger vehicles would not be accommodated by these parking standards. 3. Operable Vehicles To facilitate continual parking turnover, all vehicles must be licensed, operable and self-propelled to qualify as parked vehicles. Outdoor storage can be defined by the following characteristics: 1. Outdoor Storages The keeping of any 9oods, junk materials, merchandise, product, equipment or vehicle in an unroofed area for a period exceeding 24 hours. 2. Long Term Uses While term of storage may vary, generally the time period for storage exceeds that of parking as previously described. 3. Type of Vehicless Vehicles that exceed the size standards of New Hope parking stalls or exist in an inoperable or non-self propelled condition are considered storage. 4. Under the characteristics for parking and storage, semi tractor and trailer parking is considered storage and must comply with storage provisions of the New Hope zoning provisions. The only exception to this is the parking of semi-trucks in a loading area for the receipt or delivery of goods or products to the site. pc: Kirk McDonald Dan Donahue .~ 4aO1 Xylon Avenue North New Hope, MN 55428 (_6.12) 531-5127 Date: II~S~.C?ION lt~.l~)i~ PID~ Addre~: ~ ~ O / ~urce: ~ Cons~ion ~C~plaint ~ ~her ~ Annual ~m~nts: ~ 4~ &" (EVEN ..~ ~ ~~~~ ..... I~u~ Date: / ~ ' ~ ~ ~~~sto~~~~ ~ . -. ~.~ ~'~ ( 4401 Xylon Avenue North New Hope, MN 55428 ,/ c~ -.2- - ~ J...-- (612) 531-5127 Date: ~ Time: -*~ I] $ I C?IOI I .1431 ? PID# A:~dre~: ~/ ~~~ ~ ~ Busin.. Name: '~~ ~~ Ty~: ' ~um~ ~ Cons~u~n ~mplant ~ ~er ~ Annua Corr~t~ Commen~: NOTE days to.Correct these Condmons Reinspectien Date: / I white: applicant yellow' inspector pink: file ... CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-03 Request: Request for Text Amendment to Rezone Property from I-1 Limited Industrial Zoning District to R-O Residential-Office Zoning District to Allow Church to Locate in Existing Building Location: 8801 Bass Lake Road PID No: 08-118-21-31-0016 Zoning: I-1 Limited Industrial Petitioner: Medicine Lake Church/Guy Gannett Publishing Co. Report Date: December 31, 1992 Meeting Date: January 5, 1992 BACKGROUND 1. Medicine Lake Church has made application for a zoning text amendment to rezone property located at 8801 Bass Lake Road (the Post building) from an I-1 Limited Industrial Zoning District to an R-O Residential-Office Zoning District to allow a church to locate in the existing building, pursuant to Sections 4.20, 4.23, 4.25, and 4.29 of the New Hope Code of Ordinances. 2. Medicine Lake Church originally made application to rezone the property from an I-1 to an R-1 Zoning District, as churches are allowed by conditional use in an R-1 district. The church also made application for the CLIP and Site/Building Plan Review/Approval. However, per the enclosed letter from the petitioner and through verbal contact with the City, at this time the church wishes only to proceed with the rezoning request. Depending upon the outcome of that request, they may or may not proceed with the CLIP and construction approval. The rezoning of the property is the only issue that will be discussed under this planning case. 3. The church also has modified their original request form rezoning the site to an R-1 Single Family Residential Zoning District to and R-O Residential-Office Zoning District. The City Attorney did not feel that it was necessary to postpone the public hearing and renotify residents because of this change. 4. The Design & Review Committee met with the petitioners on December 18th and at that time it was not known that the church was going to table the CUP and construction approval portion of the request. The Committee generally felt that the plans were incomplete and the petitioner indicated that more detailed plans would be provided if the rezoning was approved. 5. The Post property is currently zoned I-1 Limited Industrial. The purpose of the I-1 District is to provide for the establishment of industrial development in a well-planned, residentially compatible setting. Churches are not allowed as a permitted or conditional use. 6. The petitioner is proposing to rezone the Post property to an R-O Residential-Office Zoning District. The purpose of the R-O District is to provide for high density residential uses and for the transition in land use from mid-density residential to low-density business allowing for the intermixing of such uses. Planning Case Report 93-03 January 5, 1993 Page -2- 7. Public, educational, and religious buildings are allowed as conditional uses in the R-O District, provided that certain conditions are met: A. ~. Side yards shall be double that required for the district, but no greater than thirty feet. B. Parking. Adequate off-street parking and ac.~ss is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use, and that such parking is adequately screened and landscaped form surrounding and abutting residential uses. C. Off-Street Loadim,. Adequate off-street loading service entrances are provided. 8. The property is currently zoned I-1 and is bordered on the east and west by properties zoned I-1. The property immediately to the south is zoned R-4 (Pheasant Park Apartments) and the property to the north across Bass Lake Road is zoned primarily R-1 Single Family Residential. There is an R-O District located at the northeast intersection of Highway 169 and Bass Lake Road. 9. The Planning Consultant has prepared the attached detailed report on this rezoning request. 10. While the City certainly wants to assist in finding a way to appropriately reuse/redevelop this building and site, the City has advised the church that primary concerns are with whether a rezoning is consistent with the comprehensive plan, whether this is a "spot'" rezoning request, and the City also has concerns about turning a tax producing 1-1 parcel into a tax-exempt use. 11. The following information has been provided by the Medicine Lake Church during meetings with staff: -currently located in Plymouth on a leased campus and they desire to own their own building -congregation has been in existence for 30 years and consists of about 60 families -approximately 150-170 persons attend Sunday services -they also operate a full-time Bible School with dormitories -they operate a 4-year seminary with about 30 men -they are interested in the Post Building because it is in the community where most of their congregation resides -approximately 190 children are currently enrolled in the school (K-8). The school now operates in St. Louis Park -they would propose to move the church and school to the Post Building. The dorms and seminary would not be located at that site 12. Property owners within 350' of the request have been notified. Attachments: Planner's Report Petitioner Letter Zoning/Topo Maps Nort west ssoci ed Consul ants, Inc. U R B A PL A N NG · D I GN ~ M A R K E R ES E A RC H PLANNING REPORT - preliminary TO: Kirk McDonald FROM: Bob Kirmis/Alan Brixius DATE: 30 December 1992 RE: New Hope - Medicine Lake Church Rezoning FILE NO: 131.01 93.03 EXECUTIVE SUMMARY BACKGROUND Representatives of the Medicine Lake Church have requested the rezoning of a 4.2 acre parcel of land located south of Bass Lake Road between International Parkway and Boone Avenue from I-1, Limited Industrial to an appropriate residential designation. The rezoning request responds to a desire to convert the former Post Publications building which exists on the site into a church/ parochial school facility. Religious/educational facilities are currently prohibited in Light Industrial .Districts. The Medicine Lake Church is proposing a church with a maximum assembly area capacity of 276 seats and a parochial school that would accommodate grades K-8 with a maximum enrollment capacity of 225 students. The school would also employ nine full time staff persons. It is the intention of the applicant(s) to establish a playground in the western portion of the site (currently undeveloped) for parochial school students. If the rezoning is approved, the applicant(s) must subsequently obtain a conditional use permit to allow a religious/parochial school building within a residential zoning district. At this time, however, only the rezoning request has been filed by the applicant. 5775 Wayzata Blvd.. Suite 555 .St. Louis Park, MN 55416. (612) 595-9636. Fax. 595-9837 Attached for reference: Exhibit A - Site Location Exhibit B - Land Use Plan Exhibit C - Site #2 Illustrative Plan Exhibit D Site Plan Exhibit E Floor Plans Exhibit F Building Elevations Exhibit G Sign Plan Exhibit H Site Photos RECOMMENDATION The change in land use and zoning is a policy decision that is left to City Officials. In making this determination, the City must consider a number of factors in how the rezoning will affect the site and the City as a whole. In our review, it is apparent that the City's original intent for the area is industrial development, as expressed in its 1975 Comprehensive Plan and past use of the property. In this regard, the current I-1 zoning is not a mistake. The City must then decide if the character of the area has changed to warrant the rezoning. The zoning and existing land use patterns surrounding the site have existed since 1979. While the City has approved residential rezonings of industrial land in the past, .the City must decide if the rezoning of this specific property is consistent with the City's land use objective for the area. ISSUF ANALYSIS R-O, RESIDENTIAL-OFFICE ZONING DISTRICT In initial discussions with City Staff, the applicant(s) was led to believe that an R-l, Single Family Residential zoning designation was the most appropriate zoning district to accommodate the proposed uses. Thus, the submitted application and subsequent notice of public hearing indicate that an R-1 zoning designation is being requested. Upon further consideration of this matter, City Staff has suggested that the City's R-O, Residential-Office District would be more appropriately applied to the site in question. Such a suggestion was made in consideration of 'the residential and industrial uses which currently surround the subject site. The purpose of the R-O District is to provide for high density residential use and for the transition in land use from mid density residential to low intensity business, allowing for the intermixing 2 of such uses. While the R-O District~a!lows educational and religious buildings as conditional uses, a determination must be made that all permitted and conditional uses within the R-O District are appropriate for the subject site. The following is a listing of permitted and conditional uses within the R-O District: Permitted Uses. Multiple family dwellings Boarding houses Public parks and playgrounds Essential services Club or lodge without the serving of food or beverage Conditional Uses. Public, educational and religious buildings Commercial outdoor recreation Government and utility buildings PUD, residential Cemeteries Day care facilities Earth sheltered homes Townhouses Group care facilities Nursing homes Elderly housing Medical offices (professional and commercial) Parking for adjacent commercial or multiple dwellings Retail commercial Combined residential and non-residential JUDGEM]~NT CRITERIA The City of New Hope considers rezoning decisions as policy matters that are warranted only via the following conditions: 1. Has the rezoning request resulted from a past zoning mistake? 2. Has the character of the area changed to warrant consideration of a zoning change? In evaluating the preceding conditions, the City should review the requested rezoning within the following parameters: a. 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 City Comprehensive Plan. 3 b. The proposed use is or will be compatible with present and future land uses of the area. c. The proposed use conforms with all performance standards contained herein. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. f. Traffic generation by the proposed use is within capabilities of streets serving the property. MISTAKE IN ZONING The City may approve a rezoning request if it is determined that the rezoning is necessary to correct a past zoning mistake. In review of the City Comprehensive Plan, existing land use patterns, and the past use of the subject site, it is apparent that the current I-1 zoning designation does not represent a past zoning mistake. CHANGE IN CHARACTER As previously noted, New Hope may give positive consideration to a rezoning request if there has been a change in the character of the area that warrants the zoning change. Comprehensive Plan. The 1975 Comprehensive Plan for New Hope designates the proposed site for industrial land use (see Exhibit B). The industrial land use objective identifies the full development of the Science and Industry Center as one of the community's highest priorities. Located in Planning District 5, the Science and Industry Center was designed and platted under an industrial park concept (see Exhibit C) that emphasizes its excellent access to Highway 169. The concept plan for the Science and Industry Center was also sensitive to the area's environmental characteristics, preserving a large wetland area under public ownership south of the applicant(s) site. This area was ultimately dedicated as Victory Park in 1991. The Comprehensive Plan's goals and policies also support the current industrial zoning. Industrial Goals~ o Provide for a sound industrial base for the City that will be stable and ongoing. 4 o Concentrate industrial development in the existing industrial parks (Science and Industry Center, 01son, Winnetka). o Fully deVelop existing industrial parks. o Promote continued industrial development in order to create an expanded employment base and opportunity within New Hope. Industrial Policies: 1. Continue to maintain and expand the City's industrial and commercial tax base to assist in paying for needed services and in reducing tax impact on housing costs. 2. Within economic capabilities, provide those public services and facilities to New Hope industries to help ensure their satisfaction with locating in the community. 3. Promote continued industrial development in existing industrial parks which have direct access to major highways. 4. Encourage the development of compatible, non-industrial activities within industrial parks in order to increase the potential utilization of undeveloped industrial park land. 5. Identify industrial activities complementary to existing activities and promote and facilitate the development of such industries in New Hope. 6. Investigate alternative fiscal incentives to attract new desired types of industries to New Hope. 7. Promote the type of industrial development which maximizes the return on City investments in public facilities and services. 8. Give due consideration to all potential physical implications and services and facility demands (i.e., traffic generation, sewer and water demande, etc.) of any proposed industrial development. Based on the aforementioned policies, the introduction of a church/ parochial school use into a designated industrial area does not appear to be consistent with the goals and policies of the New Hope Comprehensive Plan. Subsequent Planninq Actions. Since the adoption of the 1975 Comprehensive Plan, the City of New Hope was undertaken a number of planning studies addressing zoning changes in industrial areas. 1. Pheasant Park. In 1979, the land directly south of the applicant(s) site was rezoned from industrial zoning to R-4, 5 High Density zoning. With this rezoning, the Pheasant Park Apartments were constructed. 2. Church of the Open Door. In the Summer of 1988, the Church of the Open Door submitted a request to lease an existing structure within the Science and Industry Center for 'the purpose of holding church services. The subject property was zoned industrial, which did not accommodate the proposed use. As a means to accommodate the proposed use, the Church of the Open Door requested a Zoning Ordinance text amendment to allow churches within the City's industrial districts. Based primarily on land use compatibility issues and the loss of existing tax base, the City chose not to provide for churches in its industrial zoning districts. Thus, the applicants' request was denied. 3. Vacant Land Study. As part of the City's Vacant Land Study (February 1989), an examination of the vacant parcel lying west of the subject site was conducted. The study proposes that a ± 6,000 square foot office/industrial building be constructed upon the subject site. While the said site currently is undeveloped, it is important to acknowledge the intended use of the property. In consideration of this proposed use, it is questionable whether the establishment of a residential zoning district between two light industrial uses is appropriate. The Vacant Land Study also includes a number of economic development policies which relate to the requested rezoning. These policies are listed below: a. Appropriate Land Use. Land use designations should reflect the recommendations of the Comprehensive Plan, the Vacant Land Study, or the 42nd Avenue Market Study. Any or preferably all of these documents should be used as a guide when considering proposed land uses, and especially proposed land use changes. b. Provide Local Job Opportunities. The creation of new employment opportunities in New Hope will be a major incentive when considering a potential project for public assistance. Job creation benefits the community in the following manners: 1) Provide convenient employment opportunities for community residents.. 2) Attracts residents from other communities into the New Hope retail market area. 6 3) Provides additional:~:disposal income within the New Hope market area. c. Provide An Expanded Tax Base. New economic development in all -areas of industrial and commercial areas contributes to the City tax base. A stable or expanding commercial and industrial tax base assists in paying for needed community services and reduces the property tax impact on local housing costs. 4. Holy Nativity Church. In the Spring of 1989, the Holy Nativity Church submitted a request to construct a church facility upon the old Minnegasco site (3900 Winnetka Avenue). To accommodate the proposal, a rezoning of the property from I-1 to R-O, Residential-Office was requested. This development request was done in conjunction with .the redevelopment of their site at the corner of 36th Street and Winnetka Avenue. While being similar to the Medicine Lake Church request, the Holy Nativity Church applicant does differ from the current application in the following areas: a. The project was part of a redevelopment plan. As a result, the City benefitted through expanding its tax base through the commercial development of 36th and Winnetka Avenues. b. The Holy Nativity Church rezoning did not result in isolating an industrial property by surrounding it with residential zoning. c. The extension of Quebec Avenue provided separation from industrial zoning that in a manner offered greater land use segregation than the current application. Past case studies display mixed actions and concerns relating rezoning of industrial property to residential district and specifically the introduction of churches into industrial areas. Land Use Compatibility. In consideration of rezoning requests,' it is typically beneficial to examine the proposed use's compatibility with surrounding land uses. The following is a listing of land uses and zoning designations which lie adjacent to the subject site: Direction Land Use Zoning North Single Family R-l, Single Family Residential/ Bass Lake Road South Multiple Family R-4, High Density Residential Residential 7 East Light Industrial I-l, Limited Industrial West Vacant I-l, Limited Industrial The terms of use compatibility, the proposed rezoning request has characteristics similar to past rezoning actions in the following areas: 1. The site lies at the periphery of the industrial zoning district. 2. The site abuts a park/wetland area that buffers it from adjacent industrial properties to the south. 3. The property abuts a residential zoning district. On the other hand, the current zoning on the site and the surrounding land uses have existed since 1979. The Science and Industry Center was designed in a manner that provided a compatible land use patterns and a degree of isolation essential to industrial development. The site is separated from the residential land uses to the north by Bass Lake Road. Past use of the building has been industrial which operated in a manner compatible with the properties to both the east and west. The introduction of the R-O Zoning District does present some compatibility concerns with regard to the following items: 1. The R-O zoning would result in isolating an industrially zoned property at the corner of Bass Lake Road and Boone Avenue. 2. The proposed church, school, and related playground facilities present land use compatibility concerns with introduction of day to day activities which are not allowed within industrial areas. This will impact the existing adjacent industrial property and future development of the adjacent undeveloped property to the west. Review of the application suggests that the only change in character in the area has been the vacation and listing for sale of the Post Publication building. Buildinq Desi~. As mentioned previously, the proposed church/parochial school would occupy the former Post Publications building. The existing structure was originally designed for and operated as a light industrial type use. While the building may be modified to acco~g~Lodate the proposed church/parochial school use, some questions exist in regard to future reuse of the structure under the R-O zoning if the church use was not successful. 8 Performance Standards. The proposed use will consequently require a conditional use permit. As a result, detailed site plans will be required. Review of the submitted concept plan indicated that the site has area and setback to comply with City standards. Depreciation. The redevelopment of the proposed site is not anticipated to result in actual depreciation of the existing site. We would note that the proposed church use would be a tax exempt use and would result in a loss of existing tax revenue to the City. Being a nearly fully developed community, New Hope has limited opportunity to regain this tax base. Service Capacity. The proposed rezoning is not anticipated to result in a land use that would overburden existing utilities or public services. Transportation. The site proximity to Bass Lake Road provides access to a minor arterial through the community. This street should have the capacity to accommodate automobile and bus traffic generated by the proposed church and school. High traffic volumes and traffic speeds on Bass Lake Road raise compatibility and'safety concerns with regard to bicycle or pedestrian travel to the site. The introduction of school and playgr6und facilities emphasize these traffic concerns. CONCLUSION Changes in land use are policy decisions to be determined by City Officials. There a number of factors both favoring and opposing the rezoning application. In review of the application, it is apparent, based on the Comprehensive Plan, past use of the property, and adjacent industrial development, the current industrial use is not a past zoning mistake. The City must then determine if the character of the area has changed to warrant a rezoning from I-1 to R-0. In this regard, the preceding analysis outlined past City actions pertaining to industrial rezonings, as well as land use issues surrounding this specific site. The zoning and land use character of the area .has been established since 1979. The City must make a finding as to whether the character has changed to support the rezoning request. pc: Dan Donahue Doug Sandstad Steve Sondrall Tim Keane 9 newhope, minn. illustrative plan: site 2 ~ I---'J ~ I sc|enceand|ndustr¥cenfer '~' I I exlsl'~ng buildlngs EXHIBIT C - SITE #2 ILLUSTRATIVE PLAk' . EXHIBIT E1 - FLOOR PLAN EXHIBIT E2 - FLOOR PLAN I EXHIBI*T F- BUILDING ELEVATIO!~.S.., '~ MEDICINE CHURCH 'SERVICES' 4-1 EXHIBIT G- SIGN PLAN LOOKING SOUTHEAST LOOKING NORTHEAST EXHIBIT H1 - SITE PHOTOS LOOKING EAST LOOKING WEST EXHIBIT H2 - SITE PHOTOS LOOKING EAST LOOKING WEST EXHIBIT H3 - SITE PHOTOS R o^..~,~^n~,~ LARKIN, HOFFMAN. DAL~~.~3c LINDG EN. LTD. JACK F OAL¥ AT T O R N E: Y-~' AT L. AW MICHAEL B LEIIAI~ON ~.. ~D~. 0RI&GO~,L 15OO HORW~,,~T FINANCIAL C£NT£1~ 1'O017 M. VLATKOVIC;H .,~...~T. Mc.,. Direct Dial Number o. December 31, ~992 Mr. Kirk McDonald City of New I-lope 440~ Xylon Avenue North New Hope, Minnesota 55428-4898 Re: 8801 Bass Lake Road Medicine Lake Lutheran Church & Academy Dear Kirk: This letter is to confirm the request of petitioner Medicine Lake Lutheran Church & Academy (the Church) to amend its rezoning application from ~he original 1-1 Light Industrial to Single Family Residential to the now proposed R-O Residential Office Dis~;rict. It is my understanding that the public hearing and consideration by the New Hope Plannin~ Commission will proceed as scheduled for January 5, 1993. As discussed previously, the Church further requests t~at the proposed application for conditional use per, nit and site plan review be tabled by the Planning Commission at its meeting of January 5, 1993 ~o the February meeting. If the rezoning application is approved, the Church will proceed with the conditional use permit and site plan review. Should you have any questions, please do not hesitate to contact me at 896-3203 · ~incerely, Timothy Keane, for LARKIN, HOFFM~, DALY & LINDGR~.N, Ltd. Cc: Dennis Holmquis~, Medicine Lake Lutheran Church & Academy TJK: JCTs LAKE DOROTHY ELEMENTARY Mai.WY SCHOOL ~l~ u eERTY VILLAOE GiqEEN GOLF COl.;RS;: R-0 ST THERE~ NUReIIN6 ' R.4 VICTORY PARK I71 NEW HOPE ATHLETIC FIELD R'4 90:~.:~ X X 896.5 CITY OF NEW HOPE MEMO~~ DATE: December 24, 1992 TO: Planning Commission Members FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Miscellaneous Issues 1. December 14th Council Meetin~ The City Council approved the two variance requests for 3-season porches (Planning Cases 92-33 and 92-36) at the December 14th Council meeting. , Planning Case 92-27, the CUP request for a home occupation, was tabled due to the fact that the petitioner was not in attendance at the Council meeting. The petitioner was sent the enclosed letter informing him that he should be in attendance at the December 28th Council meeting and that the Council may take action on the request at that time regardless of whether the petitioner was present or not. The City also received another letter and a comment on the "Express Your Opinion~ line in regards to this case subsequent to the Planning Commission meeting. Lastly, Planning Case 92-35, request for a CUP amendment for expansion of outdoor storage area, was also tabled until January llth at the request of the petitioner. Staff had encouraged the petitioner to submit a revised proposal for the trailer storage area because staff feels that the current plan is still unacceptable because it compromises the loading/ unloading design for the west side of the building and negatively impacts the required turning radius. The petitioner has agreed to provide a revised proposal and staff will keep the Commission informed as to the outcome of this case. 2. Fri~&-ich Resi_tmation At the December 14th City Council meeting the Council passed a resolution which accepted, with regrets, Gale Friedrich's resignation from the New Hope Planing Commission and extends appreciation for his 12 years of service to the City. The resolution and letter sent to Friedrich are enclosed for your information. He will also be presented with a plaque this summer at the Annual Appreciation Picnic. 3. City of Crystal Comprehensive Plan Amendment The City has received correspondence from the Metropolitan Council acknowledging the comments that New Hope has made, in resolution format, about the proposed amendments to the Crystal Comprehensive Plan. I have enclosed excerpts for your information. -2- 4. Apartment Conversions We have received a revised report on the apartment conversion issue from the Planning Consultant and as soon as staff has time to coordinate a meeting between the City Attorney/Planner/City Manager/Building Official to review the revisions, this issue will be ready for Codes & Standards. 5. City Center Parking~ Lot Landscapia~ You may recall that several years ago the Commission commented on the lack of land- scaping at the City Center Parking Lot just west of Applebee's Restaurant. Earlier this fall the City Council approved some finishing work on the parking lot, which included the addition of curb and gutter and sod on the north and west sides, and widening the entrance (bituminous patching) between Applebee's and the parking lot to provide for three driving lanes and improve the congestion in the area. At that time the City Manager indicated he would like to see landscaping added to the site. Both the construction work and landscaping were approved by the Council. The construction work has now been completed, but the landscaping will have to wait until next spring. The City Engineer has prepared a proposed concept landscaping plan for the site, which is enclosed. The plan was developed after reviewing the landscape plans for both the shopping center and 42nd Avenue so that the new landscaping would blend with what is currently in place in that general area. If the Commission has any comments on the plan, staff will be glad to take your suggestions back to the Engineer before the final plan is prepared. 6. Rapid Oil Per the HRA minutes from the December 14th Council meeting, the City concluded the public hearing to consider the sale of City property at 7305 42nd Avenue North to Valvoline Instant Oil Change and passed a resolution authorizing the sale, subject to certain conditions (including City approval of development plans). Valvoline will now proceed with an environmental audit of the property and if the site is clean they will prepare detailed development plans, which the Commission will probably consider this spring. Attachments: Goldman Letters Friedrich Letter & Resolution Met Council Reply on C~stal Comprehensive Plan Revised Apartment Conversion Report City Center Parking Lot Landscape Plan Rapid Oil Property Sale 4401 Xylon Avenue North : New Hope, Minnesota 55428 Phone: 531-5100 FAX (612) 531-5 7 7 December 15, 1992 Mr. Rober~ Goldman 3833 Gettysburg Avenue North New Hope, MN 55427 Subject= PLANNING CASE 92-27 Dear Mr. Goldman: As you are aware, at the December 1st Planning Commission meeting the Commission passed a motion on a 5-2 vote to recommend to the City Council approval of your request for a conditional use permit for a home occupation subject to the following conditions: 1. Minimum of 200 square feet of garage available for vehicle parking. 2. Maximum of 300 square feet of property used for plumbing business storage on site. 3. Large panel truck stored on site must be licensed and operable upon request or be removed. 4. No outside storage of old toilets, pipes, and supplies related to the business. 5. Maximum of 3 business-related visitors at one time, with all related vehicles parked in driveway. 6. Annual inspection by staff. Your request was forwarded to the City Council for consideration at the December 14th City Council meeting, however, no action was taken due to the. fact that you were not present at the meeting. The Council tabled your' request until the December 28th meeting and indicated that they may act on the request at that time regardless of whether you are present or not. I think it would be in your best interest to attend the meeting so that your viewpoint can be presented accurately and I strongly urge you to attend. The meeting begins at 7:00 p.m. and your case will be considered near the start of the meeting. Please contact me at 531-5119 if you have any questions or comments. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator cc= Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, city Engineer Doug Sandetad, Building Official Valerie Leone, City Cl~rk Property File Fa~ S~I~ C~'~^~^~F~Fa~L~i~ 4401Xyk~n Avenue North New Hope, Minnesota 55428 Phone: 533-1521 CITY OF NEW HOPE RESOLUTION NO. 92-207 RESOLU'I~ON ACCEPTING RESIGNATION OF GALE FRIEDRICH FROM THE NEW HOPE PLANNING COMMISSION AND EXTENDING APPRECIATION FOR HIS SERVICE WHEREAS, Gale Friedrich was appointed and served on the New Hope Planning Commission from March 9, 1981, to December 31, 1992, and during that time also served on the Design & Review Committee, a committee under the auspices of the Planning Commission; and WHEREAS, Friedrich's current three-year term is due to expire on December 31, 1992, and he has informed the staff and Planning Commission that he does not desire to WHEREAS, The City of New Hope accepts Friedrich's resignation with regrets and desires to thank him for almost 12 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 Gale Friedrich 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 14th day of December, 1992. ~~~, ~Mayor ...~" ~ ~ ~ ~ -F~ V~e ~ne, Ci~' Clerk ~ /'~'6~, ~ ~z ~'t ~' ~] ' r Fami~ S~I~ C~ F~ Family Livi~ '"' /"; METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, MN 55101-1634 612 291-6359 FAX 612 291-6550 TTY 612 291-0904 December 1, 1992 Kirk McDonald Management Assistant City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Dear Mr. McDonald: Thank you for your correspondence dated September 21, 1992 regarding the Crystal comprehensive plan amendment. Please find enclosed the staff report for the City of Crystal comprehensive plan amendment. The Metropolitan and Community Development Committee will consider this item at its December 7, 1992 meeting. This meeting commences at 4:00 p.m. in Conference Room 2A at the Council offices. Please contact me at 291-6594 if you have any questions. Research and Long Range Planning SS/oki Enclosure MErROPOLITAN COUNCIL OF THE TWIN CITIES AREA Meats Park Centre, 230 E. 5th St. St. Paul, Minnesota 55101 612-291-6359fI'DD 291-0904/FAX 291-6550 DATE: December 1, 1992 TO: Metropolitan and Community Development Committee FROM: Steven Schwanke, Research and Long Range Planning SUBJEC~: City of Crystal Comprehensive Plan Amendment Comprehensive Plan Update Metropolitan Council Referral File No. 13079-2 Metropolitan Council District No. 10 INTRODUCTION The city of Crystal has submitted a comprehensive plan amendment to replace several elements of its existing comprehensive plan. The plan elements included as part of this amendment are: land use; transportation; community facilities and services; parks, open space and trails; environmental protection; economic development; community image; and implementation. REGIONAL POLICY ISSUES Three regional policy issues are associated with the propo.~d city of Crystal comprehensive plan amendment. Fa, st, the city of Crystal is proposing to relo~te_ the Crystal Airport to search area A in Hennepin County. Second, the city's forecasted sanitary sewer flows exceed the Council's year 2010 sanitary sewer forecasts. Third, the city's plan includes Light-Rail-Transit (LRT) corridors that are inconsistent with the Council's Transportation Policy Plan. The city is proposing that the Crystal Airport be relocated to search area A in Hennepin County by the year 2010. The city will then redevelop the site with a mix of urban land uses. The city states that it will rezone the Crystal Airport site and designate the facility a legal nonconforming use. To the city of Crystal, the Crystal Airport represe_n~ an unacceptable safety risk to area residents and businesses. The city also states that the Metropolitan Airport Commission (MAC) has no long-term plan for the airport, and the facility offers little economic or aviation benefit to Crystal residents. The Council has conducted several studies in recent years that evaluate the demand for aviation facilities in this metropolitan area. These studies have indicated the need for a reliable reliever airport system complete with sufficient capacity to meet the future aviation needs of this metropolitan area. The city's propoaal to relocate the Crystal Airport is inconsistent with several policies in the Council's Aviation Development Guide. The metropolitan aviation system is planned and developed to serve the Twin Cities Metropolitan Area. The costs and benefits associated with aviation facilities have to be balanced against regional needs. The city's concerns regarding Crystal Airport do not reflect the regional issues that need to be considered in the siting and operating of metropolitan aviation facilities. In addition, the city of Crystal has made no effort, and proposes in the future to have no wle in the removal of incompatible land use activities in established metropolitan airport land use safety zones. Further, the city has not implemented a noise attenuation overlay ordinance or participated in a noise attenuation program for private property. The city's population, household and employment forecasts and subsequent wastewater flow projects for the year 2010 represent a substantial departure from socioeconomic and flow forecasts in the Council's Wastewater Treatment and Handling Policy Plan. The city's forecasts are also inconsistent with policy 1-10A of the Council's Wastewater Treatment and Handling Policy Plan. The city's 2010 wastewater flows reflect anticipated re-development at the Crystal Airport site. The city's plan amendment discusses a Minneapolis Northwest Corridor Light Rail Transit (LRT) line which was identified in the Hennepin County Regional Rail Authority's LRT system plan and the RTB's 1990 maximum 10-year LRT plan. This regional LRT system was downsized considerably as part of the Regional Transit Board's (RRB) reevaluation of LRT priorities and the Metropolitan Council's Regional Transit Facilities Plan, both completed in 1992. Council staff met, and had several conversations with city representatives regarding the city's proposal to relocate the Crystal Airport. Aa a result of these conversation, the city decided not to remove the airport relocation proposal from its plan amendment, and decided not to revise any part of the plan's aviation and implementation elements. Council staff is recommending modifications to the city of Crystal comprehensive plan amendment to address each of the regional system issues summarized above. AUTHORITY TO REVIEW The Metropolitan Land Use Planning Act of 1976 requires local units of government to submit comprehensive plan amendments to the Metropolitan Council for review (Minn Stat. 473.864, sub~L 2, 1978). The Act aho gives the Council the authority to establish guidelines governing the amendment review process (Minn_ Stat. 473.854). The following dm.naments were submitted by the city of Crystal in support of the propoaed plan amendment: * City of Crystal Comnrehensive Plan Update, May, 1992; * July 24, 1992 letter from Anne Norris, Community Development Director, city of Crystal; * September 22, 1992 letter from Anne Norris, Community Development Director, city of Crystal. /~e Council also received a September 21, 1992 letter from the city of New Hope regarding the proposed plan amendment. This letter is attached and responded to in the report. The city of Crystal submitted its proposed comprehensive plan amendment on June 1, 1992. On June 12, 1992, the Chair determined that the amendment was incomplete for Council review. After receiving supplemental material from the city of Crystal, the Chair determined on September 17, 1992 that the amendment was complete for Council review. The Council has taken a 90-day review of this plan amendment because of the potential impact on the metropolitan aviation and sanitary sewer systems. The 90-day review period concludes on December 17, 1992. FINDINGS 1. The city of Crystal's major goal during the 1990's is commercial and residential redevelopment. 2. The city of Crystal supports the relocation of Crystal Airport to search area A in Hennepin County by the year 2010. The city opposes the expansion of Crystal Airport including runway extensions, and will not address land use compatibility issues. These proposed actionS are inconsistent with policies 1, 2, 10, 12, 20, 21 and 24 of the Council's Aviation Development Guide. 3. The city plans to rezone the Crystal Airport, designate it a legal nonconforming use, and redevelop the C~tal Airport site by the year 2010 as a Planned Unit Development. These proposed actions are inconsistent with the Council's Aviation Development Guide. 4. The city's population, household and employment forecasts and subsequent wastewater flow projections for the year 2010 represents a su~tantial departure from sc~c~ ~ioeconomic and wastewater flow forecasts in the Council's Wastewater Treatment and Handling Policy Plan. The city's forecasts are also inconsistent with policy 1-10A of the Council's Wastewater Treatment and Handling Policy Plan. 5. The city's total sanitary sewer flow in 1991 was 983 million gallonS as measured by the MWCC. This actual flow mr~eeded the Council's flow projections for the city in the year 2010. The Council assumes the cause for these higher flows is from inflow/infiltration. 6. The-MWCC's recently completed system-wide inflow/infiltration (IA) evaluation report specifically identifies the city of Crystal as contributing a potentially excessive amount of rainfall-induced IA to the Metropolitan Disposal System. The city of Crystal currently perceives its IA problem to result from the contribution of flows from sump pumps directly connected to the municipal sanitary sewer system. 7. The city plans to prepare a stormwater management plan in 1992. This plan will establish measures needed to manage runoff, control erosion and sedimentation, treat stormwater, manage wetlands, and protect groundwater. 8. TH 100 is classified as a principal arterial. The city's plan states that a principal arterial should have 6 lanes. This in inconsistent with the 4 lane alternative in the TH 100 Draft Environmental Impact Statement. 9. The city classifies 36th Avenue North as a minor arterial, but the Transportation Advisory Board (TAB) shows this road as a collector. For the Council to approve an interchange between TH 100 and 36th Avenue North, it must be classified as a minor arterial. 10. The city's proposed techniques for improving capacity on the metropolitan highway system without adding new lanes are consistent with the Council's Transportation Policy Plan. 11. The Council's Transportation Policy Plan does not include any Light-Rail Transit (LRT) corridors serving the city of Crystal. The city should not assume that any of the LRT corridors shown in its plan amendment will be implemented within the plan's timeframe. 12. The city's housing element of the plan amendment thoroughly addresses housing issues in the city of Crystal. The plan amendment includes an implementation program to address- all of the housing issues identified. RECOMMENDATIONS That the Metropolitan Council: 1. Adopt the staff report and findings as stated above as part of these recommendations. 2. Inform the city of Crystal that pursuant to the Metropolitan Land Planning Act (Minnesota Statutes Sec. 473.175, Subd. 1), the city may not place its plan amendment into effect until it has been modified in the following manner: a. incorporate as part of its comprehensive plan the aviation system development priorities as found in the Council's Aviation Development Guide. These system development priorities include: 1. implement the planned development of all existing airports and develop a new airport in search area A; or, 2. implement the planned development of the existing airports and replace Crystal [airport] with a new airport in search area A; or, 3. implement planned development of all existing airports. b. remove all references opposing long-term and land use compatibility planning activities associated with Crystal A/rport; 4 c. remove all references to rezoning the Crystal Airport site and all references to designating the site a legal nonconforming use; d. reword policy 5 to include all structures over 200 feet be subject to a Conditional Use Permit; e. reword policy 7 of thc city's aviation element to mean only approved flight paths to- and -from an approved heliport/airport. The Council's aviation system plan has not established other low altitude flight paths over or between cities in the region; f. reword policy 8 to include the regulation of seaplane surface water activities, but not operational activities in navigable airspace; g.. revise the city's year 2010 socioeconomic forecasts and wastewater treatment flows to be consistent with those in the Council's Wastewater Treatment and Handling Policy Plan. h. remove references to Light Rail Transit (LRT) facilities. These LRT corridors are not contained in the Council's Transportation Development Guide/Policy Plan. The city of Crystal, however, is encouraged to preserve available right-of-way for transportation-related activities. 3. Recommend that the Metropolitan Airport Commission in coordination with the Tri-City Airport Commission (cities of Crystal, Brooklyn Park, and Brooklyn Center) prepare a long-term comprehensive plan for the Crystal Airport by January, 1996. This plan should be prepared in a manner consistent with Metropolitan Council policies. The plan should specifically include a stormwater management element. 4. Recommend that the city of Crystal evaluate the potential for inflow and infiltration (I/I) on a system-wide basis and adopt policies, objectives and strategies that effectively reduce the introduction of clear water into the local sanitary sewer system. 5. Recommend that the city of Crystal develop its local stormwater management plan to be in conformance with the Council's Water Resources Management Guide/Policy Platg Parts 2 and 3, and the Council's Interim Strategy To Reduce Nonpoint Source Pollution To All Metropolitan Waters. 6. Recommend that the city of Crystal revise its principal arterial definition to include both 4 and 6 lane roadways. SUPPORTING ANALYSIS Metropolitan Development and Investment Framework The proposed plan amendment is an update of the city's 1980 comprehensive plan. The plan amendment will replace the aviation, transportation, sanitary sewer, community facilities, housing and implementation elements of the city's comprehensive plan. Crystal is a fully developed suburban community located in eastern Hennepin County. All of Crystal is located in the Metropolitan Urban Service Area. Cities bordering Crystal include Brooklyn Park on the north, Brooklyn Center on the north and east, Robbinsdale on the cast, Golden Valley on the east and south, and New Hope on the west. The city is known as a residential community and experienced most of its growth during the 1950's, 1960's and 1970's. Crystal has little land remaining to be developed and as a result has little vacant land with which to increase its property tax base. Most of the city's high-density housing occurs at densities of up to 18 units per acre and is located in south Crystal. The city has two major retail areas and small convenience retail centers located at several nodes throughout the community. Little industrial development has taken place in Crystal. Redevelopment is the major land use goal for the city of Crystal The city has identified five major programs to be undertaken: * housing rehabilitation and spot redevelopment; * phasing redevelopment of the West Broadway/CR 81 corridor; * business retention; * business attraction; * redevelopment of the Crystal Airport property. The city has already undertaken several major redevelopment activities. The city has initiated a major redevelopment project in the Becket Park/Bass Lake Road area while identifying other potential redevelopment areas. Crystal has also been heavily involved with the upgrading of its housing stock through the use of state and federal funds. The city has identified areas for housing rehabilitation and spot clearance and has adopted a housing maintenance code. The city of Crystal has indicated in its plan amendment that public finances will be constrained during the coming years. The increasing costs of providing public services will outstrip the city's ability to generate revenues from traditional property taxes. In response to this, the city of Crystal is cousid~zing a wide range of public financing and service structures including service/facility sharing, municipal consolidation and public/private partnerships. Council policies support the city of Crystal's redevelopment activities. Policy 13 of the MDIF states that the Council supports the "maintenance and upgrading of development and service facilities in the fully developed area'. The Council also places a high priority on making regional investments in the fully developed area. Reinvestment for maintenance and replacement of metropolitan systems serving existing development in the fully developed area will take priority over investment for expansion in the developing area (p. 20 and 22). 6 Aviation (Chauncey Case) City aviation element The city of Crystal's comprehensive plan currently designates the Crystal as "Transportation' (T~). The city indicates that redevelopment of existing land uses will be it~ main form of future development and one of the few ways to increase its tax base. The city of Cry~tal believes that the existing Crystal Airport should be closed and the site redeveloped. A.s a result, a goal of the city is to relocate the Crystal Airport as a way to mitigate aviation/land use conflicts, provide development opportunities and expand the city's tax base. The Aviation Element of the city's plan amendment states that 330 acres of the airport's 43o total acres are within the city of Crystal. The remainder is in the cities of Brooklyn Center and Brooklyn Park. The city's plan amendment concludes that major improvements to the airport are unlikely due to the lack of available land, especially for extended runways. The site is encroached by urban, primarily residential, development. Existing residential development is located within runway approaches. To the city, the Crystal Airport represents an unacceptable safety risk to area residents and businesses. The city also states that the Metropolitan Airport Commission (MAC) has no long- term plan for the airport, and the facility offers little economic or aviation benefit to Crystal residents. A general objective of the city's plan amendment is redevelopment of the Crystal Airpo site between the years 2000 and 2010. The airport and its immediate environs is proposed to be developed as a Planned Unit Development (PUD). The city intends this PUD to include a full range of urban type land uses. The plan amendment does include a diagram of the airport airspace zones. The only new road prolx~d in the plan is a collector, intended to service a redeveloped airport site. The city also supports a future Northwest Corridor LRT station at Bass Lake Road to provide service to the redeveloped airport site. The city's aviation element of the plan amendment states that the Crystal Airport should be relocated to search area A in western Hennepin County at the earliest poss~le date. The city opposes any improvements to the present airport facility that would be contrary to this policy including utility extensions. In the meantime, the city understands that the Crystal Airport will continue to operate at its present location until beyond the year 2000. The imple~hentation component of the city's plan amendment includes rezoning the Crystal airport property, making the Crystal Airport a legal nonconforming use. A~ a legal nonconforming use, the city would not allow any improvements or expansions to the Crystal 7 Council aviation policy plan The aviation chapter of the Metropolitan Development Guide identifies the role and function of each airport in the metropolitan airports system. Crystal Airport is classified as a Minor airport and functions as a system reliever airport. The Council has conducted several studies that assess the demand for future aviation facilities in the metropolitan area. Following are studies that directly relate to the question of relocating the Crystal Airport. As part of the 198~ Aviation Development Guide update (and reaffirmed in the 1990 update), the Council determined that there was more potential aviation demand than existing capacity in the west half of the metropolitan area. The aviation guide was amended to include search area A as a future reliever airport. The preferred order of priority for airport system development was as follows: 1. implement the planned development of all existing airports and develop a new airport in search area A; or, 2. implement the planned development of the existing airports and replace Crystal [airport] with a new airport in search area A; or, - 3. implement planned development of all existing airports. The reason for the above priority list was that no phase-out or closing of an existing airport (Crystal) should occur unless there is a new airport to assure a no-net-loss in total aviation capacity. The Council's Aviation Development Guide envisions no possible change for the Crystal Airport until a new airport site is located in search area A. In 1989, the Metropolitan Airport Planning Act was passed by the Minnesota Legislature. This legislation requires the Council and the Metropolitan Airport Commission (MAC) to implement a dual-track planning strategy for the Minneapolis/St. Paul International Airport (MSP). Track A of the Act looks at enhancing MSP development to meet year 2020 demand. Track B looks at a potential new replacement major airport. The Dual-Track process assumes that the year 2005 is the earliest a replacement airport for MSP could be constructed. In the meantime, the capability of reliever airports such as Crystal is important since they afford the opportunity to continue attracting general aviation away from Minneapolis - St. Paul International Airport (MSP). In 1989/90, the Council conducted a regional reliever airport study to reassess the general aviation forecasts ahd esU~blish development priorities for the region through the year 2008. The reliever study made several system improvement recommendations to resolve identified deficiendes which included the feasibility of providing an 'additional reliever airport in Search Area A. The reliever study recommendations specific to Crystal Airport included expansion of the itinerant-aircraft ramp and the terminal/administration facilities to meet long-term demand. Major expansion of Crystal Airport was not envisioned. Crystal Airport, however, serves one of the high growth areas in the region. Failure to fully implement study recommendations at other reliever airports could result in unforseen demand increases at Crystal Airport. 8 The reliever airport study was adopted by the Council in 1990. The 1990 update of the Aviation Development Guide indicated that the recommendations of the reliever study would be incorporated in the next [1992/93] Guide update. This Guide update will also reassess noise contours and policies for all reliever airports. Until the recommendations from the reliever airport study are implemented, the region cannot afford any losses in capacity at existing airports. The future of Crystal Airport cannot be determined in the absence of a long-term comprehensive plan. The city contends that the MAC has no plan for the future use of the airport and the airport offers little in the way of economic or aviation benefit to Crystal residents. The city also views the airport site as prime redevelopment property and potential property tax generator. This is mainly due to the lack of other development properties in the city and because property tax revenues are not projected to keep pace with future demand for public services. The city's proposal to eliminate the Crystal Airport is based on local needs and concerns. The city has not considered the broader implications of closing the Crystal Airport at this time on other metropolitan aviation facilities. This is inconsistent with policies 1 and 2 of the Council's Aviation Development Guide Chapter. Policy 1 states: Public investments in the region's air transportation system should be made on the basis of need and the ability of the Metropolitan Area to support them over' time, in relation to other metropolitan needs and investments. Policy 2 states: Existing airport facilities within a given service area should be developed to their maximum capability, consistent with other Council policies in the Metropolitan Development Guide, prior to investment in new facilities in that service area. .. The metropolitan aviation system is planned and developed to serve many cities, constituents and aircraft user groups. Costs and benefits associated with aviation facilities have to be balanced against regional needs. It is critical for this metropolitan area to plan, develop and manage airports both as a system and as individual entities. Aviation planning on a regional basis will provide the best possible service at the lowest possible cost. This is the goal expressed in policies 20 and 21 of the ~/v/at/on Development Guide. Policy 20 s-tatm: Airport system capacity should be planned to meet existing and future needs of specific user groups within the designated role of each airport in the system (emphasis added). 9 Policy 21 states: Airports should be operated to provide the types and levels of service consistent with their role. The city of Crystal first raised the issue of relocating the Crystal Airport in 1978. In 1978, the Metropolitan Council conducted a Metropolitan System Statement Reconciliation Hearing. A major recommendation of this hearing was that the haue of airport relocation must be addressed as part of a Aviation Development Guide revision. The priority for aviation system development (found on page 9 of this report) reflect the city's input to the 1985.4viation Development Guide update. The Crystal Airport is surrounded mostly by single-family residential development. The city states that the Crystal Airport is incompatible with existing land uses and should be moved. The city of Crystal has made no effort, and proposes in the future to have no role in the removal of incompatible land use activities in established metropolitan airport land use safety zones. The city also has not implemented a noise attenuation overlay ordinance or participated in a noise attenuation program for private property. This is inconsistent with the Aviation System Content Requirements for Local Comprehensive Plans as found in Appendix C of the Council's ,4viation Development Guide. The city's lack of action on addressing incompatible land use adjacent to Crystal Airport .is also inCOnsistent with policies 10 and 12 of the Council's ,4viation Development Guide. Policy 10 states: Airport operations and land uses surrounding an airport should be compatible with each other and with the role and function assigned to the airport. Where an incompatibility exists, affected agencies and jurisdictions should develop a program to mitigate the incompat~ility in both operations and land use. Policy 12 states: State and federal safety standards must be a major consideration in the planning, design, maintenance and operation of air transportation facilities and services. Thc city of Crystal is also concerned that the Crystal Airport will be expanded into residential ncighborh_oods. Thc city opposes expansion of Crystal Airport and any extension o£ runways by MAC. Policy 24 of the Council's,,lviat/on Development Guide states that: A comprehensive, long-term airport plan should be prepared for each publicly owned airport in the metropolitan system. These plans should be reassessed and updated every five years, consistent with the implementation schedule in this plan. 10 No long-term comprehensive plan has been prepared for the Crystal Airport. The only plan of record for Crystal Airport is an October 1:5, 1969 Airport Layout Plan (ALP) on file with the Federal Aviation Administration. There is no plan by MAC to expand the Crystal Airport. Any runway extensions COuld occur only after a long-term comprehensive plan, Environmental Impact Statement and capital project request have been approved by the MAC and the Metropolitan Council. The city of Ct~stal proposes to rezone the Crystal Airport and site the facility as a legal nonCOnforming use. This rezoning of the airport property could restrict on-site operations at the airport and future airport-related development activities. For example, if a building would burn, there exists the possibility that it could not be rebuilt. This type of local regulatory control attempts to supersede the MAC's ability to operate the airport and could hamper the airport in performing its system role. The city's proposal to rezone the airport and designate the facility a legal nonconforming land use has the potential to negatively impact the metropolitan aviation system. Furthermore, the legal authority of the city to take such actions ia in doubt as cited by the State Attorney General in a 1992 letter (see attachment) to the city of Eden Prairie concerning MAC's development and expansion authority at the Flying Cloud Airport. Policy 5 of the city's aviation element states that tall towers exceeding a height of 200 feet above the ground will be the subject of a Conditional Use Permit. This policy should be reworded to state that a// structures over 200 feet are subject to a Conditional Use Permit. Policy 7 of the city's aviation element requires helicopters to operate only along approved flight paths to minimize noise impacts. This policy should be reworded to state that only approved flight paths to-and-from an approved heliport/airport, since flight activities outside the landing area are regulated/controlled by the Federal Aviation Administration (FAA). Policy 8 of the city's aviation element prolu'bits the operation of seaplanes within the airspace directly over the Crystal city limits. This policy should be reworded to include the regulation of . seaplane surface water activitie~ but not operational activities in navigable airspace, since they are regulated/controlled by the FAA. Comments from the Metropolitan Airports Commission are attached to this report. Natnral Resources (Jim Larsen) The city of Cry~tal receives sanitary sewer service from the Metropolitan Waste Control Commission (MWCC). MWCC gravity interceptor 1-CL=455 enters the city from the north and terminate~ at MWCC lift station L-30 located at the intersection of Quail and 53rd Avenues. Flow is pumped to the east through interceptor 1-BC-453 into Brooklyn Center. Treatment of the wastewater occurs at the Metro wastewater treatment facility in St. Paul The following table presents a comparison of current Council and dty population, household, employment, and sanitary sewer flow projection data. 11 PROJECTION I SOURCE I 1990' [ 2000 [ 2010 COUNCIL 23,788 * 23,800 24,300 POPULATION CITY 23,950 23,800-30,000 COUNCIL 9272 * 9300 9450 HOUSING CITY 9500 9700-12,500 COUNCIL 6019 6550 6800 EMPLOYMENT CITY 6500 6500 7000-9500 WASTEWATER FLOW COUNCIL** 916-962 884-962 868-971 IN MGY CITY 925 * 960 965-1220 * - Actual 1990 Census and MWCC flow data ** - 1988 Council Wastewater Treatment and Handling Policy Plan MGY - million gallons per year The city of Crystal has indicated that the city ia 99 percent developed at the present time, and - that minimal land use changes or development are anticipated through the year 2010, unless the current airport site undergoes redevelopment after 2010. The higher population, household and employment figures for the year 2010 represent the city's estimates of future expansion should the airport site undergo ~edevelopment. The city of Crystal will need to submit a comprehensive plan amendment for specific redevelopment plans of the existing Crystal Airport facility. This amendment should specify anticipated land uses and related development policies, and include the request for any increase in the sanitary sewer flow capacity in the Metropolitan Disposal System (MDS). The city's population, household and employment forecasts and subsequent wastewater flow projections for the year 2010 represents a substantial departure from socioeconomic and flow forecasts in the Council's Hastewater Treatment and Handling Policy Plan. The city's forecasts are also inconsistent with policy 1-10A of the Council's Hastewater Treatment and Handling Policy Plan. Policy 1-10A states: Metropolitan sewer system facilities should serve only lands inside the metropolitan urban service area, including the freestanding growth centers and those rural centers and parts of the ha-al service area that are served by the metropolitan system in 1987. Timing and sizing of mean sewer services will be based on population, housing and employment forecasts prepared by the Counc//(emphasis added). A total sanitary sewer flow during 1991 of 983 million gallons was measured by the MWCC. As can be seen in the table on the preceding page, this flow ex~e~eded the Council's flow projections through 2010, and the city's 2000 flow projection. The city has acknowledged in its plan that inflow and/or infiltration (IA) ia present in the local sewer system. It ia the city's belief that 12 higher flows during wetter years are a reSult of illegal sump pump connections to the municipal · sanitary sewer system. The city is presently evaluating whether a surcharge or disconnection approach would be effective in eliminating this source of Ltl. The city indicateS that one portion of the city where higher extraneous flows are known to exist in the municipal sanitary sewer system is not serviced by their piped storm sewer system. The city will review the FI problem as a component of its stormwater system study. The city initiated the study in the Fall, 1992. The MWCC's recently completed system-wide FI evaluation report specifically identifieS the city of Crystal as contributing a potentially excessive amount of rainfall-induced FI to the metropolitan disposal system. The city is aware of the study's conclusion. The Council recommends that the city evaluate the potential for FI on a system-wide basis. The city's indication that several sanitary sewer lines composed of corrugated metal pipe, which is very susceptible to corrosion, are still in use within the city suggests that there could be several potential sources of extraneous fiow within the system. An overall study could firmly establish the policieS, requirements, and standards needs to minimize or eliminate sources of FI within the municipal sanitary sewer system. The MWCC may, if future FI reduction goals cannot be met, revise its sewer service charge structure to incorporate specific financial incentives/disincentives to prompt action on the part of individual communitieS identified as contributing to the problem. Only one reSidence in the city continues to be served by an individual on-site septic system and not by the metropolitan sanitary sewer system. Elevation differences and distance from existing. lineS has prevented its connection to the municipal system to date. The proper operation and determination of continued viability for use of the existing on-site system are monitored by the city on a yearly basis. Surface water quality The city indicates that it intends to start working on a local stormwater management plan in 1992. This plan will eStablish the measureS needed to manage runoff, control erosion and sedimentation, treat stormwater, manage wetlands, and protect groundwater. Staff recommends that the city develop this plan to be in conformance with Council policieS and the following related items: 1. the Council's adopted Water Quality Implementation Strategy for Surface Water Management of Nonpoint-Source Pollution for all metropolitan waters; 2. the Council's Water Resources Management Guide/Policy Plag Parts 2 and 3; 3. the Governor's "No-Net-Loss" Executive Order 91-3 regarding wetlands; 4. the 1991 Wetland Conservation Act; 5. the requirement (effective January 1, 1992) that local water plans (required by Minnesotn Statutes 1990, sections 103B.201 to 103B.355) identified in Minnesota Rule Chapter 160 must specify controls that utilize the best available technology for stormwater retention that minimize off-site stormwater runoff in new developments hnving an impervious surface of over one acre. 13 Transportation (Ann Braden) TH 100 is the only metropolitan highway serving the city of Crystal. TH 100 is proposed to be upgraded to either a four or six-lane urban freeway. An Environmental Impact Statement (ELS) is being prepared for the project. The four-lane alternative is part of the ElS at the request of the Metropolitan Council because the Transportation Policy Plan (TPP) does not recommend additional lanes on TH 100. Under either the four- or six-lane alternatives, existing intersections would be replaced with improved, grade separated interchanges at 36th Avenue North, 42nd Avenue North and CSAH 81. TH 100 is classified as a principal arterial The city's "'rhoroughfare Standards" shown in the plan amendment indicate that a principal arterial should have 6 traffic lanes. This is inconsistent with the four-lane alternative proposed for TH 100, and may imply that TH 100 will be reconstructed as a six-lane freeway. It would be more accurate to indicate that a principal arterial may have 4 or 6 lanes. Figure 13 of the city's plan amendment includes the functional classification of thoroughfares within the city. The Transportation Advisory Board (TAB) shows 36th Avenue North as a collector, but the city classifies this road as a minor arterial. For the Council to approve an interchange between TH 100 and 36th Avenue North, it should be classified as a minor arterial. A task force of the TAB is currently reviewing all minor arterial classifications and is considering requests for additional minor arterials and proposals for the new system of "A" minor arterials. The city of Crystal should contact the TAB to add 36th Avenue North to the minor arterial system. The city's plan amendment includes a section on major thoroughfare policies. This section includes several strategies to improve arterial road capacity by limiting street and direct driveway accesses, limiting new direct land access and detaching frontage roads and driveways from major street intersections. Crystal is a fully developed city and it may be impossible to construct new minor arterials to support the metropolitan highway system. The city's proposed techniques for improving capacity on the metropolitan highway system without adding new lanes are consistent with the Council's TPP. The city's plan amendment shows and discusses a Minneapolis Northwest Corridor Light Rail Transit (LRT) line which was identified in the Hennepin County Regional Rail Authority's LRT system plan and the RTB's 1990 maximum 10.year LRT plan. This regional LRT system was downsized considerably as pan of the Regional Transit Board's (RRB) reevaluation of LRT priorities and the Metropolitan Council's Regional Transit Facilities Plan, both completed in 1992. LRT is recommended initially in only two corridors, one between downtown Minneapolis and downtown'St. Paul, and the other in the 1-35W corridor south between Minneapolis and BurnsviHe. The TPP does not include any LRT corridors serving the city of Crystal. Crystal should not assume that the corridor shown in its comprehensive plan will be implemented within the plan's time frame. However, the city should support preservation of any available right-of-way for future pedestrian and bike pathways and transit or automobile use. The discussion of LRT in the Minneapolis Northwest corridor should be modified to address these changed regional priorities. 14 The Metropolitan Transit Commission (MTC) provides express and local bus service to the city of Crystal The city has stated in the plan amendment that it will work with the MTC and neighboring cities to provide public transit to meet the needs of transit dependent populations. The city encourages travel demand management provisions as an element in redevelopment agreements. Comments from the Regional Transit Board are attached to this staff report. Housing (Audrey Dougherty) The city's housing element of the plan amendment thoroughly addresses housing issues in Crystal. The plan contains complete information on the current housing inventory, identifies explicit goals and policies for housing and neighborhood development, and contains an implementation program to address all of the areas identified. .. ptember 21, 1992 correspondence from Kirk McDonald, Community Development '"~..'~ rdinator, city of New Hope. The city of New Hope correspondence indicated general agreement and support for the city of Crystal comprehensive plan amendment, but requested the city of Crystal to include additional items in its plan amendment. The issues of concern are generally of a local nature and include housing and social service planning, land use and redevelopment planning, wetland protection, street improvement projects and apartment conversions. The city of New Hope raise, two issues of regional concern. The first is redevelopment of the Cry~tal Airport. The city of New Hope supports the redevelopment of the Crystal Airport and believes this action would have a pmitive impact on the northwest metropolitan area tax base. The city recommends, however, that more details be included in the Crystal plan amendment regarding what type of development/land use will be permitted for the site. The second issue of regional concern relates to public finance. As acknowledged earlier in this report, the city of Crystal's tax base is not keeping pace with the growing demand for public services. The city of New Hope states that it is facing a similar situation. To meet this fiscal challenge, the city of New Hope is proposing the two cities consider shared service arrangements such as the joint swimming poll facilities program undertaken in 1992 and the on-going joint fire se~ces study. Staff respons~ The issue ~}f relocating Crystal Airport has been addressed in the aviation, finding and recommendation sections of this report. Although the public finance issues raised by the cities of Crystal and New Hope are of regional concern, the Council currently has no policies regarding this matter. I ~ A'I~ACHMENT 1 IiO unwO00 I11 ~. '--------~ CITY OF CRYSTAL ,..,. ANo~ Co. ~GION~ LOCATION '"~'" "'""' i WASHINGTON CO, COUNC~ "'~ RAMS~ CO. I CAHV~ CO. ~ u~4~ n~rs co~a~i GmOV~ I ~,nc~x [ s,n ~n~nc~sco I sco~ co. I ~ I I I I I .,~,., :,,,,~.,I"""'"" ~ I,~. o., ,..,. , __._~ m~.._ ~ ¢ , .... ~-.- , TWIN CITIES METROPOLITAN AREA Political Boundaries, 1988 U R BA P L A N NG DES N · M AR K E T R E S E.A RC H i DEC I 0 1992 TO: Kirk McDonald FROM: Bob Kirmis/Alan Brixius DATE: 9 December 1992 RE: New Hope Apartment Conversions EILE NO.: 131.00 - 92.01 Following direction received from the 19 November staff meeting (at which the apartment conversion issue was discUssed), we Have prepared a draft Ordinance amendment which addresses multiple family dwelling performance standards. Based on information gathered as part of a Brooklyn Center study regarding apartment conversions and the subsequent New Hope apartment conversion study, it is evident that there is an area demand for affordable rental units which cater to the needs of large families with children. While it was the general consensus of staff that apartment conversions are in need of regulation, it was determined that performance standards should be imposed upon multiple family dwellings rather than conversions exclusively. The attached amendment introduces performance to various sections of the Ordinance. For your reference, specific Ordinance text changes have been highlighted. The following is a summary of the amendment and its ramifications. Section i Alterations This section has been revised to stipulate that alterations of lawful non-conforming residential units may not increase the number of bedrooms per dwelling unit. Just as the number of dwelling units may not increase, it is important to regulate dwelling unit bedrooms. It must be recognized that bedrooms, like unit numbers, contribute to a facility's occupancy limits. 5775 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 Section 2 - Usable Open Space This section has been expanded to stipulate open space and play area requirements for multiple family dwellings. To be noted is that open space requirements are based on bedrooms per dwelling unit. As such, a two bedroom unit would have lesser open space requirements than would a four bedroom unitwhich would likely include children. The section also stipulates that a designated play area (equipped for children) for qualifying multiple family dwellings. This requirement is intended to impose design features that will cater to the needs of children. Sectfon 3 This section specifies that the number of three or more bedroom units in a multiple dwelling may not exceed 20 percent of the total number of apartments within a single building. This requirement is intended to avoid high concentrations of three bedroom units and to allow the supply for such units to be dispersed evenly throughout the community's multiple family dwelling stock. Section 4 This section provides an assurance that off-street parking areas and exterior walkways for multiple family dwellings will be properly illuminated. Such illumination requirements strive to ensure safety and proper security for such facilities. If you have any questions or comments regarding this material, please advise. pc: Dan Donahue Doug Sandstad Steve Sondrall 2 DRAFT - DRAFT DRAFT ORDINANCE NO. 92 CITY OF NEW HOPE HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE NEW HOPE ZONING ORDINANCE ADDRESSING MULTIPLE FAMILY DWELLING PERFORMANCE ~ STANDARDS. THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4.031 (11), Non-Conforming Build Structures and Uses, is hereby amended to read as (11) Alterations. Alterations may ~i].ding containing lawful non-c( when they will improve the livability will not increase the number of ~, the number of dwelling units, or t _= size or ~:~*:~:~he building. Section 2. Section 4.035 (3), Usable Open Space, is hereby amended to read as follows: (3) Usable Open space. a) Single and Two Family Dwellings. No dwelling may occupy in excess of twenty (20) percent of the lot area on single or two family dwelling sites. ~l:'..':i:.~:::~:!"~::' "~'~i~::::::~.::::..::~.~-:~~s:::~~~!:::::-~!"'"~:'' '* :~>: !:~:~!~:":~ ~1~: :~ '.~: ~.~.~.:."..:~-.': i~.".:.".-~>.'~: ' -:.:~ : : ': ..~'' i!gi~'""::.~!:::::::~~:'"'~'"~.:-"~-".-'i~!~"'"~"r"':'"~i Section ~. Section 4.035 (7), Efficiency Apartments, is hereby amended to' read as follows: (7) Maximum Unit ~Type. a) Efficiency Apartments. Except for elderly (senior citizen or R-5) housing, the number of efficiency apartments in a multiple dwelling shall not exceed five (5) percent of the total number of apartments. In the case of elderly (senior citizen or R-5) housing, efficiency apartments shall not exceed twenty (20 ) percent of the total number of apartment s. Section 4. Section 4.036 (4) (h)(xiii), Lighting, is hereby amended to read as follows: (xiii) Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses, and public rights-of-way and be in compliance with Section 4.033 (5) of this Code. Section 5. Effective Date. This Ordinance shall be effective upon its passage and publication. DATED: :, 1992 Edward J. Erickson, Mayor ATTEST: Valerie Leone, City Clerk (Published in the New HQpe-Golden Valley Post on the day of , 1992) 2 December 16, 1992 Mr. Kirk McDonald Management Assistant City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Performance Standards for Multi-Family Dwellings/Apartment Conversions Our File No: 99,49208 Dear Kirk: I have reviewed the December 9th, 1992 memorandum from the City Planner in connection with the referenced matter. I agree with his recommendations with one exception regarding alterations of non-conforming buildings. Specifically, we are allowing changes that improve livability but are preventing an increase to the number of bedrooms per dwelling unit, Basically, increasing the number of bedrooms per dwelling unit is the improvement to livability we are attempting to accomplish. I think that change is intended to mean "the average" number of bedrooms per dwelling unit which would allow the modification of two two- bedrooms into a three and one bedroom dwelling unit within a non- conforming building. Allowing this change would theoretically not increase the number of inhabitants per dwelling if you assume one individual to a bedroom. Please find enclosed a proposed Ordinance incorporating the recommendation of the Planner with the single change I indicated above. If we decide to adopt this proposed Ordinance, we can then terminate the apartment conversion moratorium ordinance. As we have discussed, there would not be a conditional use permit for apartment conversions, All apartment conversions would be governed by performance standards applicable to all multiple dwellings within the City and regulated and controlled by the Site and Building Plan Review and building permit issuance process. Mr. Kirk McDonald December 15, 1992 '~ Page 2 ]:f you have any questions, please do not hesitate to contact me. Very truly yours, Steven A. Sondrall slw2 Enclosure cc: Daniel J, Donahue (w/enc) A1 Brixius (w/eric) Doug Sandstad (w/enc) Valerie Leone (w/enc) ORDINANCE NO. 93-01 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY AMENDING PERFORMANCE STANDARDS REGULATING ALTERATIONS, OPEN SPACE, UNIT TYPE, AND PARKING LOT LIGHTING FOR MULTIPLE FAMILY DWELLINGS The City Council of the City of New Hope ordains: Section 1. Section 4.031 (11) "Alterations" of the New Hope City Code is hereby amended to read as follows: (11) Alterations. Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units , or the average number of bedrooms per dwelling unit, or size or volume of the building. Section 2. Section 4.035 (3) "Useable Open Space" of the New Hope City Code is hereby amended to read as follows: (3) Useable Open Space. a. Single and Two Family Dwellings. No dwelling may occupy in excess of twenty percent of the lot area on single or two-family dwelling sites. ~,.-~. ....~i, "~.~ h;;~,--~d~..,~~"'--~ ~--',~. ~-~, ~-"-~-~,.- cpc,", b. Multiple Family Dwellings. Every multiple family dwelling site shall comply with the following open space requirements for each dw~elling unit contained thereon exclusiv, e of the front yard area: i._~. I - 3 Bedrooms - 500 square feet per unit ii. 4 or more Bedrooms - 600 square feet per unit c__~. Play Areas. Each multiple family dwel 1 in.el containing four (4) or more dwelling units and which have an average of more than one (1) bedroom per unit shall include a designated play area equipped for children. Section 3. Section 4.035 (7) "Efficiency Apartments.' of the New Hope City Code is hereby amended to read as follows: (7) Maximum Unit Type. a. Efficiency Apartments, Except for elderly (senior citizen or R-5) housing, the number of efficiency apartments in a multiple dwelling shall'not exceed five percent of the total number of apartments. In the case of elderly (senior citizen or R-5) housing, efficiency apartments shall not exceed twenty percent of the total number of apartments. b. Three (3) or More Bedroom Apartments. The number of dwelling units containing three (3.) or more bedrooms in a multiple dwelling shall not exceed twenty (20) percent of the total number of apartments within a single building. Section 4, Section 4,036 (4)(L)(xiii) "Lighting" of the New Hope City Code is hereby amended to read as follows: (xiii) Lighting, Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public right-of-ways and be in compliance with Section 4,033 (5) of this Code, In the case of multiple family dwellings, all off-street parking areas and exterior walkways shall be illuminated such that the average light intensity is at least eight-tenths (.8) foot candles measured at ground level, Section 5, Effective Date, This Ordinance shall be effective upon its passage and publication. Dated the day of , 1993. Edw. J. Erickson, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the day of , 1993.) O~ma~g Dep~ent Appw~d for ~enda ~enda Section Develo ~ent and Ci~ ~er ~2-92 Planning ~~ Item No. ~rk McCad ~: ~ement As~s~t ~ ~ 8.5 ~QL~ON ~PRO~G C~GE O~ NO. 1 FOR 1~ S~ ~~AC~G PRO~ ~RO~~ PRO~ NO. 485) FOR C~Y C~ P~G LOT ~RO~S, ~~, ~C., ~ ~ ~O~ OF $8,154.~ ~en ~e Ci~ Cen~r P~g ~t (w~t of A~l~'s R~m~0 w~ ~ns~c~ ~ 1989, ~e did not ~clude ~n~ cu~ ~d gu~, on ~e no~ ~d w~t ou~ ~me~ of ~e lot. ~ere h~ ~n ~me di~u~on by s~ ~ut ~d~g ~e cu~ ~d gu~r ~d ~ on ~e no~ ~d west sides ~d ~de~g ~e en~ ~im~ous ~g) ~n Apple's ~d ~e ~g lot ~ provide for ~ d~g ~ ~d improve ~e ~ng~fion ~ ~e ~. ~e work wo~d ~ve ~e ~ng lot a mo~ 'finish~ l~k". ~, A~l~'s my ~ p~g ~ outer d~g ~ on ~e w~t side of ~e ~mu~t ~ 1~3. S~f ~u~ ~t ~e Ci~ ~g~ p~ a ~h ~o~g ~e m~fi~ons ~d ~k quo~s on · e work. Two quo~ ~ve ~ ~iv~, ~ follows: ~v~, hc. $ 8,154.~ T~rg ~ & ~d~ $10,~1.50 S~f ~u~ m ~u~ ~ ~g lot m~fi~fions ~ ~e Co~. ~v~, ~c., low bidder on &e m~fiofions, curtly is ~d~ ~t for ~ ~A ~on of &e 1~ S~ R~~g ~j~t. ~fo~, if ~e ~ h ~le ~ p~g ~ ~e m~fi~fions, ~e ~g lot impwvemen~ ~uld ~ ~&~ ~ a c~ge o~ W ~ e~s~g ~n~t. ~e impwvemen~ would ~ ~~ out of &e 42nd Av~ T~ ~m~t ~s~a Fund. ~e enclo~ ~lufi~ ~v~ &e c~ge order, w~ch wo~d ~ p~ ~ ~e Co.cfi de~es W p~. ~e Ci~ ~ ~ ~ m ~ ~mv~s ~m ~e o~e~ of ~e Ci~ Cen~r Shag ~ ~ K-~ p~~ ~fo~ ~e impwvemm~ ~uld p~. / ~A-O01 ~ I-!72' 2341 BITUMINOUS WEAR COURSE ~ ~' ~'~ 918.0 rC I-I/2' 2331 BIT. ~ASE COURSE 4' CLASS 5 % ~ AL SECTION ( 26 PARKING 8PACE8 ) ~0 SCALE ~ -- -917.2 TC DROP 8AC~C~R8 ~__ ~1 9' =~ CONSTRUCT S WIDE 0 '% ~ 20' CONC. VALLEY GUTTER T~P. Z .9~7.5 rc ~ '. C~NC. ORIVEWAY ;.561 ~ APROH a.CURB ~ ~ % ,. {916.25} EXISTING ELEVATIOH -4~DOUBLE REMOVE ~ISTING 81TUMINOUS 9~7.7~C DESIGN ELEVATION YELLOW % AND C~STRUCT NEW TOP OF CITY CENTER PARKING LOT CITY PROJECT NO. 453 1-COS 6' 1-COS 6' II ,, 1-COS 6' " 1 -SKL II II 11 II II II II 1-COS 6' 3-VRW i ~ II II I II , " 1 -RSC 1-NOM ~ ROCK MULCH ' , , 1-RSC W/ EDGER I II II II II II EXI~ING, II 3--~W ,, LIGHT ~ " " II 1 -NOM " I II 1 I II I II ~ EGDGER NOT i " REQUIRED ~~ ~ ~ ROCK MULCH CONCR~E CURB u ~~ 3-CDH X 1-SUM , . ri ii ~1 II kJ iI II II , , 2-CDH I' " ~~~ ~ ~ ".' · . .. ~. . .. . . ~ . - ,. ~. . . , ~. .. . . ~. . ~' ~~ ~ ..... . .....,...'.--~.. . ...:. HENNEPIN C.S,A.H, NO.9 0 lO 20 LANDSCAPE PLAN Boneetroo , , . ... , , ~ Roeene AnderlJk & NEW HOPE, MINNESOTA FIGURE 1 Associate8 CrTY CENTER PARKING LOT ~34~34GEN~34E92-16 DECEMBER 1992 COMM. E92-16 Bare Root Plontlna Note: · . . If bare root materi~l is specified requirements must ~ ax mum scree ..... ~ be met. Bare root stock shall: 1. Have their roots soaked overnight _ the night before planting. ~ Rock Mulch .......... 2. Have their roots protected from · m~. u~acK ~o~ye[ny~ene d~ing during installation pr~ess. ~nyl Edger against 3. Have oll damaged, diseased or desigated omit along cu~. roots and r~t ends cleanly pmnned. ~~::_~~:~.~ Provide and install plant Place mulch to form ~~:~:~~ materials that meet specifications saucer to hold water. ~~ and are of the size type ~I~I~Y and species given in plant Remove top 1/3 of ~~~ schedule, burlap from rootba,~: ~ Remove dead or damaged Dig plant hole 1'-0 branches. Retain the natural mm. larger than ball. form of the shrub, all sides. Place weed ba~ier if Backfill with planting specified - see spec. soil - see spec. Place ~ ~ayer (After ~aH~ boffom of settlement) of shredded planting hole. hardwood ~ mulch or as specified othe~ise. Twisted double stranded Protective Wrapping 14 Gouge wire. Two-ply ashalt cemented crepe 8' Steel fence post notched or drilled to retain guy wires. Soil Dike ~" Woodchip or 5" Rock ~ ~ Reinforced rubber Mulch as required hose section. 6'-12" KEY QTY, NAME SIZE ROOT CGS 6' 4- COLORADO GREEN SPRUCE 6' B&:B SKL 3 SKYLINE HONEYLOCUST 3" B&:B SUM 2 SUGAR MAPLE 2 1//2' B&B NOM 2 NORWAY MAPLE 2 1/2' a&:a CKA 1 CRIMSON KING APPLE 2 1/2' B~B RSC 2 RED SPLEDID CRAB APPLE 1 1/'2' CDH 5 CLAVEY'S DWARF HONEYSUCKLE 24" POT VRW 6 VANICEK RED WEIGELA 24" POT AWS 7 ANTHONEY WATERER SPIREA 24.' POT &: PLANTING SCHEDULE DETNLS Bonestroo Rosene ' ~ Anderlik & NEW HOPE, MINNESOTA FIGURE 2~ Aeaociate8 CITY CENTER PARKING LOT