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020293 Planning AGENDA PLANNING COMMISSION MEETING OF FEBRUARY $, 1993 CITY OF NEW HOPE, MINNF_SOTA 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARINGS 3.1 Case 93-04 Request for Comprehensive Sign Plan Approval to Allow a 4' x 10' Sign, 2720 Nevada Avenue North, K.C. Development Co., Petitioner 4. COMMITTEE REPORTS 4.1 Report of Design and Review Committee 4.2 Report of Codes and Standards Committee - Review of Apartment Conversion Study 5. OLD BUSINESS 5.1 Miscellaneous Issues 6. NEW BUSINF_~S 6.1 Approval of Planning Commission Minutes of January 5, 1993 6.2 Review of City Council Minutes of December 28, 1992, January 11, and January 25, 1993, and City Council Executive Session Minutes of December 28, 1992. 6.3 EDA Minutes of December 28, 1992 and January 25, 1993 7. ANNOUNCEMENTS 8. ADJOURNMENT CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-04 Request: Request for Comprehensive Sign Plan Approval to Allow a 4' x 10' Sign Location: 2720 Nevada Avenue North PID No: 20-118-21-34-0017 Zoning: I-1 Petitioner: K.C. Development Co. Report Date: January 29, 1993 Meeting Date: February 2, 1993 BACKGROUND 1. The petitioner is requesting approval of a comprehensive sign plan pursuant to Section 3.467 of the New Hope Code. 2. Comprehensive sign plan review/approval is required for all commercial and industrial properties with multiple tenants. 3. K.C. Development, owner of the property, is requesting approval for a total of 34 square feet of signage. The signage would consist of four (4) face panels, with two (2) panels being nine (9) square feet each (3' x 3') and two (2) panels being eight (8) square feet each (4' x 2'). The four panels would indicate the names of the tenant businesses located in the building: Richway, Odor Management, Pipe Fabricators, and U.P.A. 4. The site is zoned I-1 Limited Industrial and is located on the Nevada Avenue cul-de-sac approximately 300 feet north of Medicine Lake Road. The site is surrounded on all sides by I-1 zoned properties. 5. The building is a typical "spec" office/warehouse built in 1979, with four (4) "bays" facing south towards the side yard. All of the proposed signs are on the south side wall, as permitted by ordinance when the entrance doors are on the side. The front west wall is blank. 6. The primary function of the signs is not advertising, but rather business name identification. 7. The petitioner states on the application that the new signs will enhance the appearance of the signage on the building. 8. No public hearing notices are required or mailed to surrounding property owners for comprehensive sign plan reviews/approval. ANALYSIS 1. City Code states that "when a single principal building is devoted to two (2) or more business or industrial uses, a comprehensive sign plan for the entire building shall be submitted and shall include...specific information to permit a determination as to whether or not the plan is consistent with the ordinance requirements". No permit shall be issued for an individual use except upon a determination that it is consistent with a previously or concurrently approved comprehensive sign plan. Planning Case Report 93-04 February 2, 1993 Page -2- 2. The Code further states that "the effect of said comprehensive sign plan is to allow and require the owner of multiple occupancy structures to determine the specific individual sign requirements for the tenants of his building. As sign locations and size, etc. may be of some significant importance in lease arrangements between owner and tenant, it is the City's intention to establish general requirements for the overall building only, thus providing a building owner with both the flexibility and responsibility .to deal with his individual tenants on their specific sign needs". 3. City Code would allow up to 100 square feet of signage per tenant (4) with separate entrances or up to a total of 125 square feet for all four tenants. This proposal is for 34 square feet and staff considers it routine, as the plan meets all sign code criteria. 4. The four adjacent panel signs would be constructed of wood and plastic, with a white background and colored lettering, without any illumination. The sign panels would be oriented centrally on the south will, above the main set of exterior doors. 5. The Building Official has indicated that several of the signs have already been installed and this is a result of one tenant wanting to install new signage, but the building owner being unaware of the requirement for comprehensive sign plan approval. After the Building Official communicated the code requirements to the owner of the building, several of the older tenant signs were removed and a plan developed that coordinated all tenant signage. RECOMMENDATION Staff recommends approval of the comprehensive sign plan for 2720 Nevada Avenue as proposed. Attachments: Secfion/Zoning/Topo Maps Sign Elevations/Dimensions Staff Photos 7108 30TH ]0 TH IVE N VIEWCREST LANE R-4 ~ RICT MAP HOPE X 93~. 5 × 935. 947.2 C 945.0 X 943.2 92 927.6 ~ .6 921.8 X 924.7 ~921 x .3 4.9' X 917.4 920.9 ~ × 919.4 "- · ,, I~ , L,:~ ,~ ....~ ~ "L-I ~ ~' bNE SIGN ~-~--- ~b~~ - .~,, ,~:~:-~,~:;: ~ -: four panels C &D = 8 sf ONE SiGN A&B=9sf four panels, C &D = 8 sf PIPE REPORT OF CODF,~ AND STANDARDS COMMITTEE R~VI~W OF APARTMENT CONVERSION STUDY AND ORDINANCE AMENDING THE NEW HOPE ZONING CODE PERFORMANCE STANDARDS REGULATING ALTERATIONS, OPEN SPACE, UNIT TYPE, AND PARKING LOT LIGHTING FOR MULTIPLE FAMILY DWELLINGS The Codes & Standards committee met on January 19th with City staff, the Planning Consultant, and City Attorney regarding the apartment conversions issue. The Committee has requested that this issue be placed on the agenda for an informal discussion at the February Planning Commi~ion meeting so that eommi~ioners wffi have a general understanding of the issue and the reasom for the proposed ordlnanee changes. This will not be a public hearing - only an informal discussion. General consensus on a number of issues was reached by the Committee on January 19th, however several changes to the proposed ordinance amending the current performance standards were also recommended. It is anticipated that the Committee will be able to meet again in February and conclude their discussions and present a proposed ordinance to the full Commission for a public hearing in either March or April. As you may be aware, in late 1991/early 1992, the City received several requests from owners of apartment complexes to convert 1 & 2 bedroom units into 3 & 4 bedroom units. The requests were in response to a market demand for larger units to accommodate larger families. After further research the Building Official indicated that there had been 19 recent apartment conversions in the City. Eighteen of the conversions took place at the Wincrest Apartments, 5716 Winnetka Avenue North (just north of Frank's Nursery). The conversions involved converting adjacent two bedroom apartments into one and three bedroom apartments. In April, 1992, the staff took this issue to the City Council and indicated that there was a concern about the number of apartment conversions that were taking place and recommended that the Council consider implementing a moratorium on the conversions until the issue could be studied by the Planning Commission. A resolution was passed by the Council authorizing a planning study to consider the impact of apartment conversions that increase the number of bedrooms per unit and authorizing an interim moratorium ordinance, which expires on April 13, 1993. Subsequent to the adoption of the ordinance implementing the moratorium a housing discrimination complaint has been filed against the City by the owner of the Wincrest Apartments in regards to the moratorium on conversions. The majority of apartment complexes in the City were constructed as one or two bedroom units and over the past several years there has been an increased demand for 3 or more bedroom dwelling units primarily due to an increase of single parent families. While the City does not object, and in fact supports, conversions that would provide good affordable housing within the City for single parent families, several issues need to be studied to determine overall impacts on the community, such as: 1. Apartment conversions could result in the loss of other complex amenities, including swimming pools, park area or open space, game or party rooms, and parking area. 2. Many apartment complexes were allowed credits for increased density subject to providing amenities which may be subject to removal to accommodate the conversion for increased bedrooms per unit. 3. An increase in bedrooms per unit without sufficient amenities could result in an overuse of property and be detrimental to the health, safety, and welfare of potential renters, as well as the City at large. 4. Said converted apartments could detrimentally affect adjacent municipal amenities. -2- Since the initiation of the moratorium the staff and Planning Consultant have compiled a great deal of data on this issue from other cities, Metropolitan Council and the University of Minnesota. Brooklyn Center also completed a study on this issue several years ago and their information was of great assistance. Excerpts of some of the background information is enclosed for your review if you are interested. The Planning Consultant and City Attorney have prepared a number of reports and draft ordinances on this issue and the staff has met several times to frae-tune our original recommendations to the Codes & Standards Committee, which is contained in the City Attorney's January 8th correspondence and ordinance. Subsequent to the January 19th Codes & Standards meeting the ordinance has been modified, per recommendations from the Committee, and the most recent recommendations are contained in the Attorney's July 25th correspondence. I have enclosed previous reports from both the Planner and Attorney so that you can review some of the earlier recommendations. Attachments: January 25, 1993 Attorney Correspondence and Ordinance January 8, 1993 Attorney Correspondence and Ordinance December 16, 1992 Attorney Correspondence and Ordinance December 9, 1992 Planning Consultant Report October 21, 1992 Attorney Correspondence October 13, 1992 Planning Consultant Report April 13, 1992 Council Resolution Authorizing Planning Study on Apartment Conversions April 13, 1992 Ordinance 92-08 Establishing Moratorium on Apartment Conversions February 19, 1992 Planner's Report - Apartment Conversion Study Brooklyn Center Survey of City Zoning Requirements for Three Bedroom Apartments Building Official Info re: Apartment Conversions in New Hope Housing Complaint January 25, 1993 Mr. Kirk McDonald Management Assistant City of New Hope 4401Xy]on Avenue North New Hope, MN 55428 RE: Performance Standards for Mu]ti-Family Dwellings/Ordinance No. 93-01 Our File No: 99.49301 Dear Kirk: In fo]Iow up to the Codes and Standards meeting on January 18th, 1993, p~ease find enclosed a new revised Ordinance No. 93-01. Per our meeting, Section 1 of the Ordinance was amended by eliminating the word "per" and inserting the words "in any" in reference to increasing the number of bedrooms in dwelling units. The reference to play areas in Section 2 was changed to recreation areas and the reference to children was eliminated. R-5 zoning elderly apartment complexes were excepted from the requirement and the minimum size requirement was amended in accordance with our subsequent telephone conversation as well. Please contact me if you have any questions. Very truly yours, Steven A. Sondrall slm Enclosure A1Brixius (w/eric) Va]erie Leone (w/eric) 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 De 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 number of bedrooms in any 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 DwellinRs, No dwelling may occupy in excess of twenty percent of the lot area on single or two-family dwelling sites. £~ch b.. Multiple Family Dwellings. Every multiple family dwelling site shall comply with the following open space requirements for each dwelling unit contained thereon exclusive of the front yard area: i__~. 1 - 3 Bedrooms - 500 square feet per unit ii,. 4 or more Bedrooms - 600 square feet per unit c_.~. Recreation Areas. Each multiple family building or complex of two or more buildings containing eight ~8) or more dwelling units shall include a visually defined or fenced active recreation area. The size of the recreation area shall be determined by multiplying the number of dwelling units times 50 square feet to a maximum of 1,,500 square feet exclusive of parkin~ .or loading areas. This section shall not apply to R-5 senior citizen or physical.ly handicapped multiple family dwellings. 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 containin9 three (3) or more bedrooms in a multiple dwelling containing eight (8) or more units shall not exceed forty (40) percent of the total number of apartments within a single building. Section 4. 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.) CORRICK & SONDRALL A P'AITTNEI~HIP OF LAW oFIqGEs, ~.~o~ Edinburgh ~ecu~e Office FAX (61~ ~7 January 8, 1993 Mr. Kirk McDonald Management Assistant City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Apartment Conversions/Amendment to Zoning Code Performance Standards Our File No. 99.49301 Dear Kirk: In follow up to our January 5th, 1993 meeting please find enclosed a revised version of Ordinance No. 93-01 Regulating Performance Standards for Apartment Conversions. Basically, Section One was amended to prevent any bedroom alterations for non-conforming apartment buildings. This provision will effectively prohibit any apartment conversions if the complex is non-conforming regardless of whether the total number of bedrooms in the complex remain the same. Section Two has been changed to require visually defined active play areas of at least 400 square feet for apartment complexes with eight units or more. Section Three was changed to allow apartment complexes with eight or more dwelling units to have up to 40% of said dwelling units as three bedroom apartments. Finally, Section Four regarding lighting was completely removed. Mr. Kirk McDonald January 8, 1993 Page 2 ~" Please let me know the time and date of the Codes and Standards Committee meeting at which this ordinance will be discussed. You indicated you wanted my presence at said meeting. Very truly yours, Steven A. Sondrall slf2 Enclosure cc: Daniel J. Donahue (w/eric) Valerie Leone (w/enc) A1Brixius (w/enc) OROINANCE 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 , Qr the number of bedrooms per dwelling unit, or size or volume of the building, Sect,ion 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 Dwelli.ngs. No dwelling may occupy in excess of twenty percent of the lot area on single or two-family dwelling sites. --..~:-~- ~.--:~.. ~ .... ~:-- A~.- A~.~ ~t~~ ~t b. Multiple Family Dwellings. Every multiple family dwell.~ng, site shall comply with the following open space requirements for each dwelling unit contained thereon exclusive of the front yard area: i_~. 1 - 3 Bedrooms - 500 square feet per unit ii, 4 or more Bedrooms - 600 square feet,per unit c. Play Areas. Each multiple family dwellin~ containin9 eight (8) or more dwellin~ units shall inc~u,de a visually defined or fenced active play area of at least 400 square feet exclusive of Darkin~ or loading areas equipped for children, Section 3. Section 4.035 (7) "Efficiency Apartments" of the New Hope City Code is hereby amended to read as fo]lows: (7) Maximum Unit Type. a. Efficiency Apartments. Except for e]derly (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. the case of elderly (senior citizen or R-5) housing, efficiency apartments shall not exceed twenty percent of the tota] number of apartments. b. Three (3) or More Bedroom Apartments. The number of dwe]ling units containing three (3) or mor~ bedrooms in a multiple dwelling containin~ eight (8) or more units shall not exceed forty (40) percent of the total number of apartments within single building. Section 4. 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.) Co~cx & SO~D~ALL 8525 ~b~k C~ ~ t ~ S~ ~2~ ~ o.~ December 16, 1992 Mr. Kirk McDona3d Management Assistant City of New Hope 4401 Xy]on 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 a3terations of non-conforming buildings. Specifically, we are allowing changes that improve 3ivabi3ity 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 l~vability we are attempting to accomplish. ! 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 P~anner with the single change Z indicated above. ~f we decide to adopt this proposed Ordinance, we can then terminate the apartment conversion moratorium ordinance. As we have discussed, there wou~d not be ~ conditional use permit for apartment conversions. All apartment conversions would be governed by performance standards applicable to a11 multiple dwellings w~thin the C~ty and regulated and contro31ed by the Site and Building Plan Review and building permit issuance process. Mr. Kirk McDonald December 15, 1992 Page 2 If you have any questions, please do not hesitate to contact me. Very truly yours, St~¥en A. $ondrall slw2 Enclosure cc: Daniel J. Donahue (w/eric) A1 Brixius (w/enc) 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 dwellin9 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. b, Multiple Family Dwellings. Every multiple family dwelling site shall comply with the following open soace requirements for each dwelling unit contained thereon exclusive of the front yard area: i. 1 - 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.q 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 shat1 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 li9htin9 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 ]east eight-tenths (.8) foot candles measured at ground level. Section 5. Effective Date. This Ordinance shall be effective upon ~ts passage and publication. Dated the day of , 1993. Edw. J. Er~ckson, Mayor Attest: Valerie Leone, C~ty Clerk (Published in the New Hope-Golden Valley Sun-Post the day of , 1993.) U I~ B,A N I~ L N G · N · M A g K E ? F~ E $ E. A FI C H TO: Kirk McDonald FROM: Bob Kirmis/Alan Brixius DATE: 9 December 1992 RE: New Hope Apartment Conversions ~-ILE NO: 131.00 - 92.01 Following direction received from the 19 November staff meeting (at . which the apartment conversion issue was discussed), we ~ave 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 sua~ary of the amendment and its ramifications. Section i - Al~m~a~ons This section has been revi~ed 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 Sec~ion 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 unit which 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. Sea~£on 3 This section specifies that the number of three or more bedroom units in a multiple dwelling may not exceed 20 percent of =he 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 co~m~unity'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. I~ you have any questions or comments regarding this material, please advise. pc: Dan Don a hue Doug Steve~mdra11 2 DRAFT - DRAFT - DRAFT ORDINANCE NO. 9Z 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 4.031 (11), Non-Conforming Built Structures and Uses, is hereby amended to read as (11) Alterations. Alterations may .ding containing lawful non-¢ when they will improve the will not increase the number of ~, the number of dwelling units, or t szze or vo. ume ~ Section 4.035 (3), Usable Open Space, is hereby amended to read as follows: (3) Usable Open Space. a) Sinule and Two Family Dwellin_~s. No dwelling may occupy in excess of ~wenty (20) percent of the lot area on single or two family dwelling sites. ~ Sec=ion 4.035 (7), Efficiency ~ar~en~s, is T 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 housing, efficiency apartments shall not exceed twenty (20) percent of the total number of apartments. ~ Section 4.036 (4) (h) (xiii), Lighting, is hereby amended to read as follows: (xiii)~k~g_b 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 =his Code. Sea,ton S. Iffe~ttve Da~e. This Ordinance shall be effective upon its passage and publication. DATED: ... ., 1992 Edward J. Erickson, Mayor ATTEST: Valerie ~e~ne, City Clerk (Published in the New Houe-Golden Valley Post on the day of , 1992) October 21, 1992 Mr. Kirk McDonald Management Assistant City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Proposed Multiple Dwelling Conversions CUP Our File No: 99.49208 Dear Kirk: This letter is in follow up to the October 13th, 1992 planning report regardin9 a proposed Conditional Use Permit for apartment conversions in the R-3, R-4 and R-O Zonin9 Districts. The planning consultants recommendation that we meet at a staff level to discuss this proposed Conditional Use Permit is a good idea. We already have performance standards that govern multiple dwellings, These standards could be amended to regulate apartments with three bedroom plus units without the need for a separate Conditional Use Permit for conversions. Specifically, issues such as off street parking, open space requirements, minimum lot size and minimum unit floor area are already dealt with by performance standards. Amendments to the existing performance standards for three bedroom or more units could be added to the existing standards and enforced through site and building plan review and issuance of building permits. Also, it appears that a number of the recommendations may be contrary to the Minnesota State Building Code, Please keep in mind that any City building or zoning code more stringent than the Minnesota State Building Code would not be enforceable. As a result, some of the recommendations need to be reviewed in light of State Building Code Regulations which may prevent us from imposing the proposed regulations. Mr, Kirk McDonald October 21, 1992 ~- Page 2 Finally, we also need to deal with potential "equal protection" arguments since we would be treating converted buildings differently from new construction, We definitely must be sure that we can justify a distinction which treats conversions differently from new construction to avoid constitutional "equal protection" argument s. These are my preliminary thoughts on the planner's report. I look forward to the staff meeting to discuss these issues, Very truly yours, Steven A. $ondral 1 slw2 cc: Daniel J. Donahue Alan Brixius Doug Sandstad PL NG · N · MAR K E T R S E A R C H TO: Kirk McDonald FROM: Bob Kirmis/Alan Brixius DATE: 13 October 1992 RE: New Hope Apartment Conversions FILE NO: 131.00 - 92.01 Attached please find our preliminary review of the apartment conversion issue. We recommend that this material be discussed at a staff level prior to distribution to the Planning Co~z=L,ission. If you have any questions regarding this material-, please do not hesitate to call. pc: Dan Donahue Doug Sandstad Steve Sondrall 5775 Wayzata Blvd.-Suite 555 .St. Louis Park, MN 55416. (612) 595-9636'Fax. 595-9837 Nort we ssociat Consul an s, !nc. U RB A PL NG , DES N · M AR K E R S E A RC H PLANNING REPORT - vre:].i,,,inarr TO: Kirk McDonald FROM: Bob Kirmis/Alan Brixius DATE: 13 October 1992 RE: New Hope - Apartment Conversions · FILE NO: 131.00 - 92.01 BACKGROUND The City of New Hope has recently received several requests of apartment owners wishing to convert one and two bedroom units to three and four bedroom units. The said requests have apparently been made in response to a demand for rental units which accommodate larger families. Recognizing .~hat_ the apartment conversion issue warrants due study, the City has established a moratorium on such conversions until such time as a planning study has been prepared. The issue of apartment conversions is not new to the Twin Cities Metropolitan Area. Beginning in 1991, the City of Brooklyn Center conducted a highly detailed study of this issue. In large part, the information obtained and the conclusions drawn in the Brooklyn Center study will be used extensively in this evaluation. The following investigation will attempt to identify items of issue related to apartment conversions and offer Ordinance language which will appropriately regulate such conversions. Specific items to be addressed include: Unit Type Demand 2. Existin9 Apartment Distribution 3. User Group Profile 4. Conversion Needs 5. Formulation/AppliCation of Re~uiations 5775 Wayzata Blvd.. Suite 555. St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 ISSUF ANALYSIS Unit Type Demand. While the recently encountered requests for apartment conversions appear to demonstrate that a demand for three and four bedroom units exists, this "demand" needs to be verified via a detailed investigation. In investigating this issue, a variety of background information relating to the apartment conversion issue (utilized by the City of Brooklyn Center in previous investigation), have been referenced. 1. Mismatches Between Supply and Demand - Rental Housinq In the Twin Cities Metropolitan Area (Me~ Council 1989). This document indicates that one of the crucial problems for many renter households with low incomes is finding an affordable unit of appropriate size. Very often a trade-off exists between overcrowding and excessive rent burden. In 1980, there were 1.6 households with five or more people (large household) for each unit with four or more bedrooms (large unit) in the Metropolitan Area. By 1985, that ratio had increased to 2.0 households for each unit. During this time, the number of large renter households increased by 25 percent. Thus, there appears to be a demonstrated trend toward the need for large rental units in the Metropolitan Area. The Met Council report also notes that the generation of baby boomers born between 1946 and 1965 is followed by a substantially smaller population group. As such, this will affect the rental housing market. This means that as baby boomers move up and buy more expensive homes~-:they will need new first time homebuyers to purchase their starter homes. This may mean that vacancies in high cost rental units will escalate. The report also states that as minority cultures with large families in the Metropolitan Area continue to grow, so will the need for large affordable housing. The Met Council report is highly comprehensive and subs. ta~J~i&Zes the assum~tion that a greater demand for large apartmen~units (three bedrooms) exists within the Twin Cities Area. Consequently, it appears appropriate that the City of New Hope atten~t to address this change. 2 2. Ten Year Housinq Needs in the Twin Cities MetroDolitan Area (Met Council 1985)~ This Met Council report forecasts the number of additional housing units the Twin Cities will need between 1986 and 1995. Between 1986 and 1995, the report states that 11,500 (9.5 percent) additional housing units will be needed within the inner-ring suburbs of the Metropolitan Area, of which the City of New Hope is a part. 3. Sinale Parent F~--tlie~ in the Twin Cities Metropolitan Area (Met Cpuncil 1986). This report is basically a gathering of information on issues relating to single parent families. The report states that from 1970 to 1980, single parent families in the Twin Cities increased by 75 percent and that further increases were anticipated. Thus, apartment conversions within the City of New Hope could be responsive to this trend. The report also indicates that for many single parents, housing is too expensive and does not meet their needs in regard to affordability and amenities for children. One of the ways the report suggests to improve housing for single parent families is to provide new multiple family dwellings specifically designed to meet the needs of the user group. Based on the preceding text, there appears to be a demonstrated need for larger, rental housing units within the Twin Cities Area which would meet the needs of target user groups. Exist!ha Apartment Characteristics. In addressing the issue of apartment conversions within the City of New Hope, it is important to examine the characteristics of apartments which currently exist both in the region and within the City of New Hope. 1. Re~io~al Characteristics For comparative purposes, an examination of renter-occupied housing unit characteristics of neighboring communities has been conducted. By reviewing regional characteristics of rental units an understanding may be gained as to how the City of New Hope rental units relate to units within the surrounding macro area. 1990 RENTER OCCUPIED HOUSING CHARACTERISTICS Percent Renter- of Units/ Persons Mean Rental Occupied Total Per Number Median Vacancy Cit? Units ~. Units Unit Qf Rooms Rent Rate New Hope 3,784 44% 1.87 3.7 $ 498 5.4 8,507 Brooklyn 3,420 30% 2.16 4.0 $ 475 9.6 Center 11,226 Brooklyn Park 6,637 33% 2.18 3.9 $ 447 7.6 20,386 Crystal 2,102 23% 1.95 3.8 $ 478 7.5 9,272 Golden Valley 1,594 19% 1.84 4.1 $ 486 5.6 8,273 Maple Grove 1,281 13% 2.46 4.9 $ 637 8.8 12,531 Minneapolis 80,837 50% 2.08 4.0 $ 578 8.1 160,682 Plymouth 4,842 26% 2.08 4.0 $ 578 13.2 18,361 .... ~ Robbinsdale 1,622 27% 1.88 3.9 $ 471 3.7 6,008 Hennepin 153,450 37% 1.96 3.8 $ 452 8.3 County 419,060 SOURCE: 1990 U.S. Census As shown above, 44 percent of the City of New Hope's housing units are renter-occupied. This figure is significantly higher ti%an that o~ neighboring co~,unities and demonstrates that the City appears to have a sufficient supply of rental housing. While the conversion of two and three bedroom units to three and four bedroom units will likely result in a reduction in =oral rental units, it is not anticipated that the total number of renters households will decrease. The above table also indicates that the number of persons per dwelling unit within the City of New Hope (1.87) is significantly less than that found in neighboring communities and Hennepin County. This may be construed to mean that the City holds a disproportionate supply of one and two bedroom rental units. It should be noted, however, that the City of New Hope does hold a number of elderly rental housing developments which contribute to the City's relatively low number of persons per unit. These include the St. Teresa, Northridge, Anthony'James and Charden Court Apartments. The conversion of one and two bedroom apartments to three and four bedroom units in New Hope will likely result in an increase in the number of persons per rental unit. Renter-occupied housing units within the City of New Hope have a mean number of rooms of 3.7 (does not include bathrooms, utility rooms, pullman kitchens). This figure has been found to be less than the mean number of rooms found both in neighboring co~L~,,unities and Hennepin County. Again, this figure is likely reflective of the relatively high percentage of one and two bedroom rental units within the City (in comparison to neighboring communities). In regard to median rent, a trend appears to exist in that rental costs tend to escalate as one moves outward from the City center. Median rent in the City of New Hope ('$498) is only slightly higher than the County average. It is assumed that apartment conversions (larger units/updated features) could result in an escalation in average monthly rents within the City. In 1990, the City of New Hope held a vacancy rate of 5.4 percent. While this figure is considered relatively low, it does represent an increase from past years. The City's rental vacancy rate verifies that there is a supply of approximately 200 unoccupied/ vacant rental housing within the community. 2. Citv Character~stics In addition to evaluating how the City of New Hope's rental units relate to those found in the region, it is also important to identify some of the physical characteristics of its apartment stock. Attached Exhibit A provides a listing of apartments which exist within the City, their location, the year they were built and finally the number of dwelling units which are provided. From the information provided, it can be concluded that the vast majority of New Hope Apartments were constructed in the 1960's. Building permit records show that almost all financial investments in the City's total 174 apartment buildings have responded to maintenance or repair needs. The City Building Inspector has indicated that ~of approximately $1,338,000 dollars spent on apartment buildings in the last five years (1985-1922) only three percent was devoted to actual facility upgrades or improvements. The City Building Inspector has estimated that construction dollars spent on apartments from 1982 to 1988 were even lower than the percentage factor cited in the last five years. This inference is based on the following influencing factors: a. The same apartments were newer and less likely to need repairs. b. More favorable economic conditions (lower vacancy rates, easier loan criteria than in recent years). c. Fewer buildings were in existence prior to 1988. As evidenced above, very little re-investment in the City's apartment buildings has occurred in the past ten year period. User Group Pro£ile. Of immediate issue regarding the proposed conversion of one and two bedroom units to three and four bedroom units is that of anticipated user groups and co~unity perceptions. Based on information provided as part of the Brooklyn Center Apartment Conversion Study, it may be concluded that three and four bedroom apartment units will cater to large families with children. It must be realized that the requested conversions will allow financial reinvestment in the City's existing apartment buildings which may not otherwise occur and would respond to a demonstrated need for affordable alternative housing ....... ~ Convers~Qn Needs. Referenced research has indicated that the proposed apartment conversions would likely be utilized by large families with children. As such, the regulation of apartment conversions should take into account needs of this user group. The following is a listing of issues which should be addressed in the City's regu/ation of apartment conversions: 1. Off-street parking 2. Recreation/open space 3. Lot area per unit (density bonus) 4. Social services (i.e., day care) 5. Sidewalks 6. Storage (bike racks, etc.) 7. Noise control 8. Handicap accessibility 9. Laundry needs 10. Floor area per unit 11. Co~%m%unity rooms 6 12. School busing 13. Fire protection Application of Re=ulations. The City holds the ability to regulate apartment conversions and provide assurances that the needs of anticipated user groups will be met via its Zoning Ordinance. Once a determination bas been made as to what aspects of apartment conversions should be regulated, a decision needs to be made as to the best manner of implementing the regulations via Ordinance amendment. In considering this matter, there appears to be two options worthy of consideration: 1. Zoning Ordinance Amendment - General Provisions Sections. 2. Zoning OrdinanceAmendment - R-3, Medium Density Residential, R-4, High Density Residential District/R-O, Residential Office District Sections. It is believed the allowance of multiple family dwelling units as conditional uses within the City's R-3, R-4 and R-O Zoning Districts would provide New Hope with a level of control over such actions and would provide an assurance that proper off-street parking, open space, and other various amenities are provided. A draft amendment has been attached for discussion purposes. CONCLUSION Based on information gathered as part of a Brookl.yn Center Study regarding apartment conversions, it is evideh~ that there is an area demand for affordable rental units which cater to the needs of large families with children. In addition to fulfilling an alternative housing need, the conversion of apartments within the City would provide financial reinvestment in the City's existing apartment buildings which may otherwise not occur. pc: Dan Donahue Doug Sandstad Steve Sondrall 7 DRAFT DRAFT - DRAFT ORDINANCE NO. 92 .. CITY OF NEW HOPE I-II NNEPIN COUNTY, MINNF OTA AN ORDINANCE AMENDING SECTION 4.074 OF THE NEW HOPE ZONING ORDINANCE TO ALLOWMULTIPLE FAMILY DWELLING CONVERSIONS WITHIN THE R-3, MEDIUM DENSITY DISTRICT, R-4, HIGH DENSITY RESIDENTIAL DISTRICT AND R-0, RESIDENTIAL-OFFICE DISTRICT. THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4.074 of the New Hope Zoning Ordinance is hereby amended to add the following as a conditional use: (5) Multiple Family Dwelling Conversions. The change or alteration of existing multiple family dwellings provided that: (a) The following off-street parking standards are upheld: Parking ~ Re~uirement (Per Unit) 1-3 Bedrooms 2.25 Spaces 4 or More Bedrooms 2.75 Spaces (b) The following open space requirements are upheld: Open Space ~ Requirement (Per Unit) 1-3 Bedrooms 500 Square Feet 4 or More Bedrooms 600 Square Feet (c) A m~nim%um lot area of 3,000 square feet per unit is provided, as described in Section 4.035 (2). (d) All multiple family dwellings have the following minimum£1oor areas per unit: ~ Minimum Floor Area Efficiency 500 Square Feet One Bedroom 600 Square Feet Two Bedroom 750 Square Feet More than Two Bedrooms An additional 100 feet for each additional bedroom (e) The number of units containing three (3) or more bedrooms in ~multiple dwelling shall not exceed twenty (20) percent of the total number of apartments within a single building. (f) Each multiple family development containing four (%)' or more dwelling units and which have an average of more than one (1) bedroom per unit shall include a designated play area for children. The play area shall be located so as to be easily viewed by residents of the building and/or buildings. (g) Sidewalks are provided from parking areas/loading zones to the entrance to the building and/or buildings. (h) Room relationships, hallway designs, door and window placements, plumbing and ventilating installations are such that they assist in the control and reduction of sound transmission from unit to unit. (i) Ail off-street parking areas and exterior walkways are illuminated such that the average light intensity is at least eight-tenths (.8) foot candles measured at ground level. (j) In addition to normal closet space, at least two hundred (200) cubic feet of storage space per unit is provided convenient to each multiple dwelling unit ...... .. (k) Stud supports for grab bars are installed in the bathrooms of all dwelling units. Grab bars shall be installed in the bathrooms of apartment units containing three (3) or more bedrooms. (1) Ail multiple family developments containing at least twenty (20) dwelling units and an average of at least two (2) bedrooms per unit shall provide an interior room or rooms for lounge, recreation, mse~ing, or other non-commercial use by the tenants of the development. The size of such room or rooms shall be at least two hundred (200) square feet or ten (10) square feet per dwelling unit, whichever is greater. Such room or rooms shall not be located over the sleeping area of a dwelling unit. 2 (m) Dwelling units with more than two (2) bedrooms , shall be loc&ted first of all on the ground floor -- with direct access to the outside. Units of this type above the ground floor shall have a balcony of at least forty (40) square feet. (n) Buildings shall be designed and arranged such that the activity areas of one dwelling unit are not located over the bedrooms of a lower unit. (o) Care shall be taken in the design and construction of hallways to maximize natural light and minimize the length of hallways. Hallways serving units with more than two (2) bedrooms shall not have more than six (6) units opening onto them and shall not be more than forty (40) feet in length without staggering. (p) Laundry facilities shall be provided in all buildings containing over four (4) dwelling units. (q) If applicable, the provisions of Section 4.084 (5) are considered relating to density bonuses. (r) The procedures set forth in Section 4.21 are satisfactorily met. Seotion 2. Effe~tive 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 Hope-Golden Valley POSt on the day of , 1992) ~. 1 IAS~ (A=DAI'E MI~I~. LASI' UPD4~E 09/30/92 LAST UPOAIE (~30/~' LASI' UPDATE ~W3OIG' LAST UFOAIE cok~LEx ~O~SS Lmrs c~x ~ ~rs ~ ~ ~rs c~ ~ c~Ex ~ ~rs m NAME ~' Af/'LG4ME) NAME (iF A~'L~_.AM~) NAME ~lr Af/'UG4ME) NME ~~) , i~$TUpO,41r£OW.~l~2 LASTUPDATE(Wi30192 1.45TUPDATEOII3~I92 ¢OMPI. F. X ADDF~SS UNITS M , ~ . ~ ~4,ST UPti4TE iWI,.~I92 ,,, , MMIIIMWAYAJ~ ~141~. F · kJflMT~:' I YIM tim ~IMI~ YeIM M IMM 4 ,MI MMMMMI~ Ave. N. Y? ~Sr ~ ~ / y~ M Il ~ Ye M Il I~ ~ A~ M 4 Tm ~. COUNC/L ~ Orlglz~t. mg Depaz'anent Approv~ for Agenda _.A~ertda S~tlon City Manager Development ,'~') 4-13-92 Rem No. Kirk McDonald RESOLUTION AUTHORIZING P~G STUDY TO CONSIDER IMPACT OF APARTMENT CONVERSIONS INCREASING THE NUMBER OF BEDROOMS PER UNIT AND AUTHORIZING INTERIM MORATORIUM ORDINANCE PENDING STUDY Over the past several months, st~f has become concerned about the number of apartment conversions that am taking place in the City and is recommending that the Council consider implementing a mo~torium on said conversions until the issues can be studied by the Planing Commission. The enclosed resolution authorizes a planning study to consider the impact of apaxtment conversions that increase the number of bedrooms per unit and authorizes an interim moratorium The majority of apm'tment complexes in the City were ~ as one or two bedroom units and over the past several years them has been an increased demand for three or more bedroom dwelling units primarily due to an increase of single parent families. While staff does not object and in thct suppom conversions that would provide goad ~'fordable housing within the City for single parent families, several issues need to be studied to determine overall impacts on the community such 1. Apaxtment conversions could result in the loss of other complex amenities, including swimming pools, park azeas or open space, ~ or paxty rooms, and parking 2. Many apaxlment complexes were ~llowed cmfits for incmtsed density subject to providing amenities which my be subject to removal to accommadate the conversion for increased bedraoms per unit. 3. An increase in bedrooms per unit without sufficient amenities could result in an overuse of p~ and be detrimental to the health, s~fety, ~cl welfare of potential mnt~rs, as weft as the City at larle. 4. S~id convermd atto'tatum complexes could deu'imentnlly aC'feet adjacent municipal amenities ! Request for Action Apaz'tment Conversions ^pril 13, 1992 Page -2- Staff feels that it would be prudent to conduct a planning study to determine what impact, if any, apartment conversions increasing the number of bedrooms per unit would have on adjacent municipal a~-nenittes and facilities and the impa~t on the converted property itself from an overuse perspective. The study would recommend building and use standazds for such conversions and st~ff recommends that an interim ordinance establishing a moratorium on such conversions be adopted while the study is being conduct~l. The enclosad resolution di.,~cts staff to study and relx)r~ on the imPaCt of ~ent conversions, to mak~ r~commendations on building and use standards for said conversions, and sta~s that it is appropriat~ to adol~ an interim ordinance establishing a mo~torium on a~l apa~ment conversions that would increa~ the numb~ of b~irooms ~ dwelling unit in complexes with 4 or more dwelling unRs until said study is complex. If the Council concu~ with ~ reeomm~ndation$, the action would b~ to Hrst approve the r~olu~ion ami then to ~ the oMinanc~. $~ff r~:ommends ale)royal of th~ R~solutioo Authorizing Planning St~ly To Consid~ Impact Or Apar~nent Conversions ~S Th~ Numl~z Of l~d~oom$ PM Unit Ami Authorizing Intenrn Moram~um Ordinan~ l~ndins RESOLUTION NO. 92- RESOLUTION AUTHORIZING PLANNING STUDY TO CONSIDER IMPACT OF APARTMENT CONVERSIONS INCREASING THE NUMBER OF BEDROOMS PER'UNIT AND AUTHORIZING INTERIM MORATORIUM ORDINANCE PENDING STUDY BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, many of the multiple residential apartment complexes with four or more dwelling units have been constructed as efficiency, one or two bedroom units, and WHEREAS, the demand for dwelling units in said complexes w~n two or less bedrooms have decreased while there has been an increased demand for three or more bedroom dwelling units Drim&r~ly due to an increase of single parent families unable to &ffor~ home ownership, and WHEREAS, it is feared that apartment conversions to three or more bedrooms per dwelling unit will result in the loss of other complex amenities including but not limited to swimming pools, areas or open space, exercise, game or party rooms and parking area, and WHEREAS, many apartment complexes were allowed credits for increased density subject, to providing the described amenities which may be subject to Femoval to accommodate the conversion increased bedrooms per unit, and WHEREAS, it is further feared that an increase in bedrooms ~er unit without sufficient amenities as described may result in overuse of property detrimental to the health, safety and welfare of potential renters as well as the City at large, and WHEREAS, without sufficient apartment amenities an expec~e~ increase in the number of renters or tenants in said conver~ec apartment complexes may detrimentally effect adjacent munic~ca; amenities such as parks, playgrounds, streets and possibly City's municipal pool, and WHEREAS, the City Council does not object and in fact supports conversions that would promote good affordable housing within City for single parent families, and WHEREAS, the City Council further believes it would be pruaen: to conduct a planning study to determine what impact, if any, apartment conversions increasing the number of bedrooms =er ~n~: would have on adjacent municipal amenities ~nO facilities aha ~e impact on the converted property itself from an over~se perspective, and WHEREAS, the City Council also believes that the proposed study should recommend building and use standards for sucn conversions and that an ~nterlm ordinance establishing a moratorium on such conversion should be adopted while ~he study is ~e~ng conducted as permitted by Minn. $~at. §452.355, Subd. 4. NOW, THEREFORE, BE IT RESOLVED by the City Council of the C~/ of New Hope as follows: _ 1. That the City Manager and staff are here~y airecte~ study and report on the impact of multiple residential apartment conversions increasing the number of per unit in all existing complexes w~th four or dwelling units on the health, safety and welfare potential tenants residing there~n as well as to ~e at large. 2. That the described report shall also make proposed recommendations on building and use standards for sa~a conversions. 3. That it is appropriate to adopt an interim ordinance establishing a moratorium on all apartment conversions, renovations or remodelings which in effect would increase the number of bedrooms per dwelling units in acartmen~ complexes with four or more dwelling units until said study is complete and acted upon by this City Council. That the purpose of the study and moratorium is protect the land use and planning process within the to promote and not hinder good affordable rental hous~n~ within t~e City and especially for single paren~ families. Adopted by the City Council this 13th day of April, 1992. Eclw. U. Er~ckson, At t est: Valerie Leone, City Clerk April 7, 1992 Mr. Kirk McDonald Management Assistant City of New HOpe 6,401 Xylon Avenue Nortl~ New Hope, MN 55428 RE: Proposed Resolution and Ordinance Providing for Moratorium on Apartment Conversions Our File No. 99.49208 Oear Kirk: Please find enclosed proposed Ordinance NO, 92-08 and a Resolution Authorizing Pleflning study to consider Impact of Apartment. Conversions Increasing the NumOer of Bedrooms Per Unit and Authorizing Intsrim Id~ratorium Orclinance Pen~ing StuUy for consideration at t~e April 13t~ Council meeting. The OrUinmnce an~ Remolutien are fairly self-explanatory. Please contact me if you ~lvl any qulltionl. Very truly Steven A. Sondrall Enclosure cc: 0ante1 d. Donahue (w/eec) A1 8r~x~uo (w/eec) Doug Sanest ad (d/eec) Valet,s Leone (w/eec) COUNCIL ~ ' :, 1/F. UI TFOaACTION Originating Department Approved for Agenda ,./~g__e!l_da S~ction manmng City Man.er Development /~'~o13-92 Item No. Kirk McDonald // 8.2 ~/"Ma~a~ement Assistant By:. ~ ' ORDINANCE NO. 92-08 - AN INTERX~ORDINANCE ESTABLISHING A MORATORIUM ON THE CONVERSXON, RENOVATION, OR REMODELING OF EXISTING MULTIPLE RESIDENTIAL HOUSING APARTMENT COMPLEXES THE PURPOSE FOR WHICH WOULD INCREASE THE NUMBER OF BEDROOMS PER UNIT The enclosed interim ordinance estnblishes a one-year moratorium on the conversion, renovation, or remodeling of existing multiple residential housing a~'tment complexes tl~ would increa.~ number of bedrooms per unit. The ordinance estnblishes a City-wide ban on the application for and issuance of building permits, text changes, va~'iances, conditional use permits, and rezoning request~ for any conm'uction that would change the numbe~' of bedrooms per unit in any multiple housing complex or apamnent containing four or more dwelling units. The moratorium would expire in one year, on April 13, 1993, durin[ which tin~ the Planning Commission would study t~is issue and ma~ recommendations for potable zoning ordinance amendments on this subject. Staff recommends a motion for appmval...of An Int~im Ordinance Establishing Moratorium on the Conversion, Renovation, Or R~tmdelin$ of ~$ Multiple Residentia~ Housing Apa~ment Complex The Ptupose For Which Would ~ Th~ Number of Bedrooms Per Unit. l~-view: Admint~tratlorc Finance: RFA-O01 ~ ORDINANCE NO. 92-08_ AN INTERIM ORDINANCE ESTABLISHING MORATORIUM ON THE CONVERSION, RENOVATION OR REMODELING OF EXISTING MULTIPLE RESIDENTIAL HOUSING APARTMENT COMPLEX THE PURPOSE FOR WHICH WOULD INCREASE THE NUMBER OF BEDROOMS PER UNIT The City Council of the City of New Hope ordains: Ssction 1. Section 1.56 "SusDension of Residential. Apartment CQnv.ersions IncreasinQ Bedrooms Per Unit" of the New Hope City Code is hereby added to read as follows: 1.56 Suspension of Residential Apartment Conversions Increasing Bedrooms Per Unit. Pursuant to Minn. Stat. §462.355, Subd. 4, a City-wide ban is hereby imposed on the application for and ~ssuancs of building ~ermits under Chapter 3 of this Code, text changes, variances, conditional use permits and rezoning requests under Chapter 4 and subdivision requests under Chapter 13 of this Code for any conversion, renovation, remodeling or any construction which would change the number of bedrooms per unit in any multiple residential housing complex or aD&rtment containing four or more dwelling units, This section shall' expire, and be of no further force and effect at Midnight, April 13, 1993. Section 2. Effective Date. This Ordinance sha'11 be effective upon its passage and publication. 0ated the 13th day of April , 1992. Edw. Eri ckson, Mayor Attest: ~ City Clerk (Published in the New Hope-Golden Valley Sun-Post the 22nd day of Ap.ril .. , 1992.) TO: Kirk McDonald RE: New Hope - Ap&r=menc Conversion FILK NO: 131.:0 92.01 The ¢it¥ of New ~ope has recently received several requests fr:n owners o~ &~ruaent complexes to convert x-2 M~:o~ uni=s i.~:= ~he ~yn in v~ic~ chele co~erlion~ c~ oc~r, ~d idenci~ies :~e po=en=ial effeccs, as well aa =he a~cages ~d disad~n=ages :~ e.c~ conve=sion~c~. The Ordinance does hoc regul&te the composition of an ~uildingbyuniC lize. The number o£ spit=merits of various conversim~ o£ apaz~ment units co di~erent size sca~d~rd~. 5775 Wayzata BIvcL. Suite 555. St. Louis Park. MN 55416' (612) 595.9636.1:ax. 595.~.~," ~evelopmen~ a~ll be calculated on :he ~a~is o~ :he area in the project and as controlled b~ an individual joint o~e:sbip. 0the= min~ a:e~s Single r~ily 9,S00 s~aFe ~ee~ ~o F~tly 7,000 s~a=e ~eec To~uae S,000 ,~a=e ~eec ~lctple g~ly 3,000 s~are ~eec* ~l~e=ly ~ou~in~ Z,O00 s~a=e ~eec · 4,000 ~=e ~eec ia ~m R-3 disc=ic~. (3) Us~le ~en ~uace, ~o dwelli~ ~ occupy in ex~ess dwelling si~es. EacA ~lciple ~17 dwellin~ site contain aC lease ~tve h~d~ed s~ge ~eec o~ us~le ·pace as de~tn~ b~ Section 4.022 (131) o~ ~ts Code c~ c~e ~onc yard) ~og eac~ dwelltn~ ~i~ ccn~a~ne~ ~on. (b) ~l~imla ~llin~ ~itn. ~ce~ ~o= elde~l~ h~sin~, ~1~ cla~i~i~** a~ ~ltiple dwelli~ s~ll have ~oll~in~ ~n~ ~1oo= ~=e~. pe= ~t~t~ ~ic. sOO s~e ~eec One S~~ ~tcm eeo s~=e ~ee~ ~O B~~ Unt~e 750 s~=e ~eec ~co - ~ addicio~l XO0 e~e ~eec ~oc ea~ (C) Ilb~ly (genior Citizen) ~sin~. Livin~ ~tcs classifi~i ~ elderly (m~/or citizen or R-S) h~stng ~ics s~ll have c~e ~oll~g ~n~ ~l~r area pe~ E~iCt~ ~iC8 440 s~are ~eec one s2o s ce eec There are CwO' clearly idenCi~ia~!e me~h~d~ o~ ~nver~in~ ~ed~ocm ~i~s i~o 3-~ ~edroom ~ion A: One method o~ conversion would ~e ~o s~l~ ~u~her ~divide IA~e~ 2 ~ed~o~ ~i~ ~d add addi~icnal ~ed~oom(~) e~din~ ~h~ ~e~all size o~ ~he ~i~. ~is me,hod accc~iished b~ ~ea~in~ ~he in~e~al l~2ou~ o~ ~.e ~ed~oom apa~en~s ~d ~ average ~1oo~ a~ea o~ l,xO0 ~ee~. ~e~e unica c~ld ~ccc~cdA~e ~n ~ddi~ional ~ed~ocm still co~ly wicA the City's min~ ~Ioo~ area s~andards four bedroom uni=. ~is =~e of conv%rsion raises =he issues: 1. ~e ~cion A co~ersion raises issues wi=h regard add~. O~=en =~s, =~e ~i= ~ni=ies ~o= kiCchen, dinin~ ~d closet s~ce are desi~ Mas~ on ~Ae n~er o~ people oc~in~ =~e ~ic. Increasing of =he ~i= raises conce~ wi=~ =~e ~e=all ~c=ioning 2. ~e co~ersion of ~ b~om a~=~mcs imco ~=e ~de= ~=ion A Lac=eases =~e oc~p~ ca~ci=y Increasin~ =~e n~e= of =esiden=s in ~ a~=~en= raises the ne~ ~or ~re ~cilla~ ~ni~iee ~uch OpC:i. cm B: The ocAe~ convez~ion option a~il~le ~ics crating ~e la,er ~i= ~d one ~ller would still pr~de acc~cions ~or approx~cely n~er Of ~le. ~cion B presents the ~oll~in~: co la.er f~liee. ~is pree~ce a ne~ co pr~ide open space ~ recc~cio~l ~niciee w~c~ chil~. ~e recreacio~l ne~l of children are si~ific~cly di~erenc ~r~ adults. ~ele · d~s~ t~ p~c o~ ~ ~p~nc conv~s~on number of aparcmen~ units, but would change =he mix=ute :i spar=men= sizes within a building. ~y ordinance s=andar~s, =his should no= change =he par~ing demand of =he spar=men: Building. of apartments. The City h~using s=oc~ should be responsive needs of itl residents. In this regard, =he following elemen:s must ~e considered: complex may increase, par=icularly under 0pcion A. This :an result in an over-utilization of =he sire. AS such, a , 2. Increased Parkin~ Demand. In iht even= =hat =he number cf 3-4 bedroom units exceeds =he number of smaller uni=s, re~uiremen= for pr~viding increase~ par~ing should considered. 3 $~i=ia~al ~meni=ies. A~ increase in =he number of people in t~e complex will resul= in an increased demand sezvicee and ameniciee provided on sire. In addi=ion, expec=ed increase in the num~er o£ child=en will require :he provision o£ appropria=e amenities for young people suc~ playground], e~c. 4. ~,~llin= u~= Derl=n S=an~ards~ TO ensure =hat conversions provide & well func=iouing and safe living space fo~ tenants, e~andacde fo~ dwelling uni~ design should considered. AddAcionally, =~e Ci=¥ may wis~ =o review atininam dwellin~ uni~ size scandard~ to ensure ~hey su££icienC. pc: Dan Dm~me Doug Sa.nde=ad 4 SURVEY OF CITY zO~I~GI~UII~E~[~TS REGARDING THREE-BEDROOMAPARTMENTS CITY SPECIAL REOUIREMENTS FOR THREE-BEDROOM APARTMENTS Apple Valley .21 units per acre if one bedroom; 20 units per acre if two bedroom; 15 units per acre if three-bedroom - in densest district. No limit on number of three-bedroom units. Bloomington Three-bedroom units require 18 percent more land area than two-bedroom which require 46 percent more land area than one-bedroom units in all districts. No limit on number of three-bedroom units; 2.2 parking per unit. Brooklyn Park One bedroom = 5 x minimum floor area (680 feet) R5 Two bedroom = 6 x minimum floor area (750 feet) R5 Three bedroom = 7 x minimum floor area (900 feet) R5 Plus 500 feet for each bedroom over two. No limit on number of three-bedroom units. Burnsville No greater land area required. No limit on size of unit. Require one garage stall per unit. Require 1.5 spaces per unit in one-bedroom, 2.25 spaces per unit for two- or three-bedroom. Coon Rapids Require more open ~ as more bedrooms are added. Lot area requirements are greater for all heights of buildings for three-bedroom units. No limits on three-bedroom units. Average is 16 dwelling units per acre. 2-.25 parking spaces per unit for all units. Eden Prairie No greater land area required. No limit on number of three-bedroom units. No additional parking required (one inside and one outside parking space per unit). Fridley No greater land area for three-bedroom units; no limit on three-bedroom units. Parking - 1.5 spaces for one bedroom; two spaces for two bedroom; 2.5 spaces for three bedroom. Golden Valley No greater land area required for a three-bedroom unit. Maple Grove No greater land area required for three bedroom. No limit on number.of units. Two spaces per unit. Minnetonka No greater land area for three-bedroom per se. Use Floor Area Ratio (F.A.R.) of .5 in R4; 1.0 in R5~ Setbacks geared to building height. No limit o number of three-bedrooms in complex. Require two stalls per unit (one enclosed). F.A.R. will require more land for a larger unit. Plymouth 'Maximum lot coverage is 20 percent (footprint of building). In high density district, add 300 feet per each additional bedroom over two. No limit on three- bedrooms. Require 1.5 stalls per unit (one must be a garage). Robbinsdale 1,500 square feet per unit; no greater land area for three-bedroom. 1.5 spaces per unit. No limit on three-bedroom units. Efficiencies cannot exceed ten percent. St. Louis Park Minimum floor area with a F.A.R. that then requires more land area. No limit on three-bedrooms. Two parking spaces per unit. Hopkins No greater land area required for three-bedroom; no limit on three-bedroom units. Blaine Minimum dwelling sizes; no greater land area required; No limit on three-bedrooms. CITY AMENITIES REQUIRED IN MULTI-FAMILY PROJECTS Bloomington (attached) Brooklyn Park Give credit for more land or under-building .. parking in old R5-R6 districts. Planned Commercial Development District - Amenities negotiable (2 recent projects). Have asked for trail system, common grounds for meeting. Coon Rapids (attached) Eden Prairie 600 sq. ft. of open space per unit. No recreation equipment required. Recent projects haven't provided, no demand to provide. Edina Not required by ordinance, but generally provide tot lots. Amenities are provided as market forces dictate. Fridley No special amenities required. Just require setbacks, parking, etc. If HRA assisted, may , require higher quality. Maple Grove Require underground garages, meeting rooms, etc. (attached) Minnetonka Nothing explicitly required. Tot lot required in one quad home development as conditions of approval, not by ordinance. Plymouth Require garages. Don't require recreation areas unless part of a PUD. Most apartment developments provide additional amenities. Extra facilities require extra parking. St. Louis Park Minimum of 400 sq. ft. of open space per dwelling, minimum dimension of 30'. Proposing that no more than 1/2 of open space be in front yard. In elderly housing required 15 sq. ft. of lounge per unit. Minimum of 25% of open space be outdoor recreation or garden areas. Burnsville Storage in garages as matter of practice. Anything over 9 units requires PUD or C-U-P. No requirement that recreation facilities be provided on site. Often proposed unless park nearby. If no park, City looks for park dedication requirements or PAC.fee, Parking spaces - 2.25 spaces for 2 or more bedrooms. CITY SPECIAL REOUIREMENTS FOR MULTI FAMILY PROJECTS Eagan Require 100 cubic ft. of storage per unit. PAC fee handles recreation improvements. TO: DAN DONA~UE FROM: DOUG .~ANDS?An DATE: APRIL 13, 1992 $~CT: ~xCl~ APAI~TM~ COI~IONS I have checked our records and find 19 recent apartment conversions in the city. Eighteen have been in the 5700 Winnetka complex, involving converting 2 adjacent 2 bedroom apts. to a 1 BR & a 3 BR. The other is at 4110 Oregon and changed 2 1 BR apts. to 1- 2 BR apt. 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5100 FAX (612) 5.31-5~ 7-; October 6, 1992 Northwest Associated Consultants 5775 Wayzata Blvd. Suite #555 St. Louis Park, M~ 55416 ATTN: BOB KIRMIS Dear Bob, I have researched the two questions you posed last week, regarding the ages and extent of remodeling/upgrade construction that has occured in our apartment buildings in the last ten years. Unfortunately, I had to condense the 10 year analysis to our last four years, because that data is on computer and easily accessed. A manual filing system for our 174 apartment buildings in the previous six years make that task extremely time-consuming. I will give you hard data for the 1988-1992 interval and "soft" numbers for the 1982-1988 years based solely upon my personal involvement with all construction. Refer to attachment "A" (5 page list of apartments with addresses and year built). Official building permit records for the June 1988- June 1992 period reveal a total construction value of $1,338,176.00. This dose NOT include $900,000. spent converting some apartments at North Ridge Care Center into"intermediate care"nursing beds since that money is not strictly spent on "apartments". No townhouse, duplex or nursing home dollars are included. One new apartment building was built in this period (Winnetka West-8151 45th Ave.) with a value of $1,135,000.00, also not factored into the "Apartment remodeling/upgrade survey". My letter codes for the type and dollar value of each building permit are noted on attachment "A" with the following meanings and total values: R $ 919,788. 69 % [Roofing] F 206,352 15 % [Fire Repair] Re 37,600 2.8 ~ [Remodel] C 19,200 1.4 % [Apt. Conversions] B 88 ~ [Balcony repairs] S [Swimming pool repairs] AR Incidental [Assorted Repairs] D [Drain tile] T [Underground tanks] $ 1,338,176 [ALL BUILDING PERMITS* 1988-1992;APARTMENTS] In summary, almost all of the official improvements during this period respond to maintenance and repair needs, with perhaps 3 % the amount of "UPGRADE/IMPROVEMENT" dollars. One additional conversion of apartments was noted at 4110 Oregon Ave. No. in 1991, bringing to three the number of properties where such apartment conversions have occured in the last few continued... FamJ~ S~led City ~ Fm Fami~ tNJn~ "~V ~ V~W" 10-6-92 NAC years that we know of. Ail of them were started and some were completed prior to city knowledge and approval. Because of the age of most of our apartments approaching 20-30 years, the required maintenance costs will continue. While the average works out to a pittance of $7,750, if each of the 174 buildings had spent equal dollars, it tells you how minimal the overall expenditures have been. In truth, only 65 of our buildings have obtained building permits, or 37%. The average value for these is about $20,500 ($5,125 x 4[years]). My estimation of the construction dollars spent on our apartments in the 1982-1988 interval would be lower than current levels with three influencing factors: a) the same apartment buildings were newer and less likely to require maintenance and b) the economic conditions were somewhat more favorable during that period-lower vacancy rates and easier loan criteria: recent conditions have resulted in sluggish rent increases and reduced profits for many apartment owners, and c) fewer buildings existed ten years ago. Our tough development standards are one reason we see less investment: An apartment development in this city must be built with garages and amenities to begin with. Subsequent improvements are less necessary and likely. Please call me to discuss. Douglas C. Smith Director of Fire & Safety S~ely, I:~o~andstad B~ing Official/Zoning Adminstrator cc: McDonald Donahue file attachments WINCREST APARTMENTS 5716 Winnetka Avenue North New Hope, Minnesota 55428 (612) 533-5041 September 23, 1992 U.S. Department of Housing and Urban Development Chicago Regional Office, Region V 77 West Jackson Boulevard Chicago, Illinois 60604-3507 Attention: Thomas Higginbothan, Director Office of Fair Housing and Equal~Opportunity Subject: Wincrest Properties v. City of New Hope, Doug Sanstead, et al Complaint/Case Number 05-92-1154-1 Gentlemen: We have received the Respondent's response dated July 31, 1992, in connection with the subject complaint and wish to make the following statements: 1. According to Doug Sanstead, Building Inspector for the City of New Hope, we are the only apartment complex involved in remodeling two bedroom apartments into three and one bedroom units. 2. The City is saying apartment dwellers (who pay five times ~ taxes to value ratio than homeowners) should not use the City's pool. We are one of very few older complexes that still has a pool. The City was complaining this summer about the city's pool losing money because of lack of use. 3. We are not adding bedrooms to the complex. Wincrest was built with 216 bedrooms and will always have 216 bedrooms. 4. We have not changed any amenities (pool, parks, open areas or parking areas) other than what the City took for drainage purposes. 5. The total number of police calls has gone down since we took ownership and started converting to one and three bedroom units. 6. On two occasions Diane Stone informed us that rental rates on three bedroom apartments were based on information and recommenda- tions given by Marlene Isaacson of the City of New Hope. U.S. Dept. of Housing and Urban Development ~ September 23, 1992 Page Two In conclusion,..the freeze on remodeling has hurt our development plan and has dampened our rental possibilities. We also have more vacancies than we would have had we been able to complete additional conversions. It is rare to have a one or three bedroom apartment that is not re-rented before the current resident moves out. Two bedroom units are harder to rent because of the abundancy of two bedroom units in New Hope. Our remodeling is in the best interest of the City of New Hope and the needs of the community. Therefore we ask for a Cease and Desist Order to the City of New 'Hope as well as compensation for our losses. Sincerely, WINCREST PROPERTIES Leon R. Fischer Copy to: Daniel J. Donahue, City Manager - New/Hope Kirk McDonald, Management Assistant w~ Steven A. Sondrall, City Attorney - New Hope CITY OF NEW HOPE MEMORANDUM DATE: January 27, 1993 TO: Planning Commission Members FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Miscellaneous Issues 1. January_ llth Council Meeting A. Planning Case 92-35. Rea_uest for Amendment to Conditional Use Permit to Allow Expansion of Outdoor Storaoe Area and Increase in Trailer Limit, and Variance to Green Area Rea_uirement. 3591 Nevad~ Avenue North - You may recall that the Planning Commission reviewed this request on December 1st and recommended approval on a split vote. At the lanuary llth meeting the City Council passed a resolution that extended the existing conditional use permit for outdoor storage for three months and increased the trailer limit to 5 and tabled the request for an omendment to the CUP to allow expansion of the outdoor storage area and the variance to the green area requirement for 3 months so that the I-! 35% green area requirement could be studied. This request will go back to the Council in April for consideration. Staff was directed to study the I-1 green area requirement with the Planner and Codes & Standards Committee and to bring a recommendation back from the full Commission regarding whether the existing 35 % requirement should be changed or not. Staff has contacted the Planner, who is in the process of developing a report on this issue. It is anticipated that Codes & Standards can review this issue in February or March and that the full Commission can forward a recommendation to the Council in April. B. Planning Case 93-01. Re~_uest for Conditional Use Permit to Allow a Home Occupation. 4448 Independence Avenue North - The request to operate a tax preparation business out of the home on a pan-time basis was approved, as recommended by the Commission. C. Planning Case 93-02. Re~_uest for Conditional Use Permit to Allow Open Accessory_ Storage for Overnight Parking of Trucks. 8701 Boss Lake Road - This request was approved subject to the same conditions as recommended by the Commission. D. Planning 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 a Church and School to Locate in Existin~ Building. 8801 Bass Lake Road - Medicine Lake Church requested that their request be tabled until the January 25th Council meeting. E. Winnetka ComInous Letter of Credit - The Council passed a resolution authorizing the City to draw up to $7,000 on the $22,000 Winnetka Commons letter of credit for planning/engineering/legal expenses incurred over the last two years in regards to the shopping center development. -2- 2. January 25th Council Meetin_~ ~ A. Plannln~ (~a~ 92-27. Reo_uest for Conditional Use Permit to Operate Home Occupation. 3833 Gettysburg Avenue North - The petitioner returned to the Council meeting and agreed to remove the panel truck permanently from the site, which was the major source of neighborhood opposition in the first place, therefore the Council approved the CUP subject to certain conditions (see attached letter). Please review Council minutes for further information. B. Medicine Lake Church - Did not appear at the meeting. Their attorney contacted the City after the Council meeting and indicated they were withdrawing the rezoning request and would officially notify the City in writing. 3. 4th Q!,~rter Plannin_~/Development Report - The Planning/Development Report for the 4th quarter of 1992 is enclosed for your information. 4. Car-X Development A~eement - The financial guarantee requirement for the Car-X Development Agreement has been slightly reduced, per the City Manager, at the request of the developer. This project should get underway in February. 5. Creamettes - The variances granted for the Creamettes expansion have expired after being granted a one-year extension. Don Litterer from Creamettes has indicated that they intentionally did not renew the extension requests, as he anticipates it will be several years before any expansion proceeds. 6. K-Mart Landscapin~Parking Lot Improvements - Per your request at the last Commission meeting, staff has written K-Mart officials to again request that they proceed with their earlier proposed landscaping and parking lot improvements. Attachments: Goldman Correspondence Vidco Correspondence 4th Quarter Report Car-X Development Agreement K-Mart Correspondence 4401Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5100 FAX (612) 531-517,~ January 27, 1993 Mr. Robert Goldman 3833 Gettysburg Avenue North New Hope, MN 55427 Subject: REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW A HOME OCCUPATION Dear Mr. Goldman: Please be advised that on January 25, 1993, the New Hope City Council approved the request for a conditional use permit to allow a home occupation, as submitted in Planning Case 93-27, subject to the following conditions: 1. Minimum of 200 square feet of garage available for vehicle parking and a maximum of 300 square feet is used for plumbing business storage on the site. The applicant will take all reasonable steps to conceal the plumbing materials stored in the garage from the view of surrounding neighbors including keeping his garage door shut to the greatest extent possible. 2.The large panel-type truck be removed from the site within two weeks of CUP approval. 3.No old toilets, pipes, supplies, garbage cans or debris are to be stored outside. 4. Business visitors limited to three individuals at a time, with ALL vehicles parked in the driveway, and no delivery or sale of plumbing materials and supplies shall be made at the property. 5. Semi-Annual inspection by staff. If you have questions, please call. Sincerely, Daniel ~. Donahue City Manager Kirk McDonald Management Assistant/Community r~v~opm~nt Coordinator cc: Dan Donahue, City Manager Stye $ondrall, City Attorney Doug Sand~tad, Building Official J',an Coone, General Inspector Val~'ie I.~one, City Clerk Pl~li~ ~ Fil~ 92-27 File Family Styled City"~^~" For Family Livin8 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5100 FAX (612) 5.14<,517,~ Sanuary 12, 1993 Mr. Karl H.A. David VIDCO 3531 Nevada Avenue North New Hope, ~ 55427 Subject: REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMYF AND VARIANCE TO GREEN AREA, PLANNING CASE NO. 92-35 Dear Mr. David: Please be advised that on January 11, 1993, the New Hope City Council extended your existing conditional use permit for outdoor storage for three (3) months and approved an increase in the trailer limit from three (3) to five (5). The City Council tabled your request for an amendment to your conditional use permit to allow expansion of the outdoor storage area and a variance to the green area requirement for three (3) months so that the I-1 35 % ~,een area requirement can be studied. The City's Planning Consultant and staff will be researching the green area requirement over the next several months and I would anticipate that a recommendation will be brought back to the City Council the first part of April. When a recommendation is completed I will contact you, as I would anticipate that your request for an expanded storage area and green area variance will be brought back to the Council for consideration at that time also. If you have questions, please call. Sincerely, Daniel J. Donahue City Manager Kirk McDonald Management Assistant/Community Development Coordinator KM/lb cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Doug Sandstad, Building Official Jean Coone, General Inspector Valerie Leone, City Clerk Planning Case File 92-35 ~ Property File Family Styled City~ For Family Livini PLANNING AND DEVELOPMENT Fourth Ouarter Ret)oR The Planning Commission reviewed the following cases during the fourth quarter: No. of Cases Notices Sent October 7* 140 November 9** 87 December 4*** 74 * 4 cases carried over from September ** 4 cases carried over from October 1 carried over from June ***1 case carried over from November TOTAL CASES TQTAL NOTICES 1992 1991 1992 1991 35 41 974 1211 Month T__vpe of Request Number Approved D~ni0d Withdrawn October Variance - Setback 3(1 tabled) 2 SitedBldg. Plan Review 3(2 tabled) 1 CUP 4(2 tabled) 2 Text Amendment 1 1 Rezone 1 1 November Variance- Setback 3 2 1 CUP 2(1 tabled) 1 Site/Bldg. Plan Review 2 2 Ordinances 2 2 December CUP 1 1 Variance-Setback 2 2 Variance-Green Area 1 1 Text Amendment 2 2 Amend CUP I ~ _ TOTALS 28 21 1 YEAR TO DATE TOTALS APPROVED DENIED WITHDRAWN CUP 11 Variance-Setback 8 2 Site/Bldg. Review 8 Adult Enter. Ordinance 1 24-hour Operation 1 Outdoor Dining Ordinance 1 Variances - Other 7 Variance-Green Area 2 Amend CUP 3 Text Amendment 6 Rezone 1 _ TOTALS 49 2 pI~ANNING/DEVELOPMENT ISSUES ~~~~~!i~~' property owner at 2800 Boone~-~ Avenue North made application in August for a 20-foot variance to the 5-foot front yard setback requirement to construct a new garage in front of the existing garage with the idea of converting the existing garage to living area. The Planning Commission did not support the front yard variance .request and directed the petitioner to consider alternate options. Petitioner met with staff and revised concept plans were developed for a rear yard addition, however the petitioner requested to withdraw the application, which the Commission accepted at their October 6th meeting. 2. ~~i~i~ - in October, Lyndale Garden Center made application for a zoning text amendment to allow a garden novelty store by conditional use permit in a B-2 Zoning District in conjunction with a proposal to completely redevelop the old Country Club Market site at 8001 Bass Lake Road. The Planning Commission approved the text amendment and proceeded to approve the conditional use permit and site/building plan review approval at the October 6th Planning Commission meeting after the petitioner had submitted several revised plans and met all concerns of staff and the Design & Review Committee. The City Council subsequently approved the text amendment and CUP at their October 12th meeting. 3. ~i~ii~ili~~!~::~~i.-'.'.~i~i~ - the owner of the property at 4164 Ensign Avenue North made application for an 8-foot rear yard setback variance to allow a three-season porch to be constructed on an existing deck at the rear of the house. The Planning Commission approved the request on October 6th meeting, as did the Council on October 12th. 4. ~li~~:~"~':::'~':::::'""':~"" ~':'~'~: ============================== ~'~:: "~:'~:"'"'"'~::~'::'~' ' ~:""~:~'~:"::~':~:'"::~::"::'~'~' '""~::~'"~ - at the October 26th EDA meeting a resolution was passed authorizing the commencement of eminent domain proceedings to acquire the Electronic Industries property at 7516 42nd Avenue North for redevelopment purposes. The acquisition by eminent domain was necessary to ensure the City's protection against responsibility for soil and ground water contamination cleanup costs. The petitioner had made application in the spnng for a garage addition at 3910 Boone Avenue, but had failed to provide a survey. The request to withdraw the case was made/accepted by the Commission at their November 4th meeting, with the understanding that the petitioner could reapply in 1993 with no additional fees. ~~ - At the November Planning Commission meeting, Sen~or Outreach Services requested a text amendment to rezone the parcel at 5501 and a portion of the parcel at 5425 Boone Aveflue from and I-1 Limited Industrial Zoning District to an R-5 Senior/Handicapped Residential Zoning District for the purpose of constructing an adult day care facility across the street from North Ridge Care Center. The Commission supported the rezoning because it is beneficial to maintain a clustering of health care facilities that support one another in the same area. The rezoning, which was subject to the acquisition and platting of the property and construction on the facility, was subsequently approved by the City Council on November 9th. 7. Fonowing approval of the rezoning, Senior Outreach Services sought approval of a conditional use permit and site/building plan review to allow an adult day care facility in the R-5 Zoning District. The Planning Commission recommended approval of the CUP, subject to conditions similar to those for the rezoning, and the City Council approved the Commission's recommendation on November 9th. Commission meeting Car-X Muffler & Brake Shop made application for several setback variances, ~ conditio~l use permit, and site/building plan review/approval for purposes of demolishing the vacant former Burger King building at Winnetka Avenue and Medicine Lake Road and constructing a new muffler and brake facility. The Planning Commission recommended approval and the City Council subsequently approved the request at the November 9th Council meeting. Ooldm~"fii~J'~ ~'l~iication for a conditional use permit to allow a plumbing business as a home occupation following complaints received by neighborhood and citations being issued by the City for outside storage and inoperable vehicles. The case was tabled at the November Planning Commission meeting and considered again in December, at which time the Commission reluctantly recommended approval on a split vote. The application was considered by the City Council in December and referred to the City Attorney to draft a "findings of fact". Planning Commission approved a minor side yard and setback variance for the construction of a garage on this property (the owner had resided on the property for 39 years without a garage) and the City council approved the recommendation of the Commission at the November 9th Council meeting. Commission recommended approval of a sizable variance for construction of a three season porch on this property due to the hardships of the placement of the house on the lot and the taking of right-of-way when County Road 9 was widened. The Council concurred with the recommendation of the Commission at the November 9th Council meeting. 12. ~jj~~:.~ - The Codes & Standards Committee, who had studied the side yard air conditioner issue for several months, made a recommendation at the November 4th Planning Commission Jeeting for a text amendment which would allow the replacement of an existing side yard air conditioner with a new unit without making application for a variance, provided that the unit complies with the noise ordinance and is properly greened. A variance would still be required if a new unit is to be placed in the side yard where a unit did not exist befoTM. The Planning CoJmiSsion recommended approval of the text amendment recommended by the Committee and the City Council approved the text amendment at the November 23rd Council meeting. 13. :{:::~~ - The Codes & Standards Committee had studied ~ text amendment regarding the monumentation of plats, which was initiated by Hennepin County due to a change in state statutes. The amendment allows the City to delay the setting of monument markers for up to one year, subject to specific conditions. The Planning Commission recommended approval of the text amendment recommended by the Committee and the City Council approved the text amendment at the November 23rd Council meeting. a variance to construct an elevated four-season porch on an existing structure which is non- conforming due to the orientation of the house on the lot. The Planning Commission reviewed the request and recommended approval at their December meeting and the request was sub- sequently approved by the City Council on December 14th. - The owner of Vidco at 3531 Nevada Avenue North made application for an amendment to the existing conditional use~--. permit to expand the outdoor storage area. The expansion also would necessitate a variance to the 35 % green area requirement in the I-1 Zoning District. After a lengthy discussion at the December 1st Planning Commission meeting, the Commission recommended approval on a split vote. Due to staff concerns regarding truck maneuverability on the site, the petitioner agreed to submit revised plans and have the request tabled for Council consideration until lanuary. expena a non- conforming structure to allow construction of a porch on the rear of the home. All setback requirements were met, but the non-conformity was due to the orientation of the house on the lot. The Planning Commission recommended approval of the request at their December 1st meeting and the City Council subsequently approved the request on December 14th. 17. ~i~~ -:...:i~ti:~::~~~ The I.R. Sones Development Agreement was executed in October and construction on the expansion was substantially completed during the 4th quarter. 18. ~~ - The Regional Vice President for Super America contacted the City the first of October and indicated that they would not be constructing a new Super America at the southwest corner of West Broadway and 62nd Avenue North. Staff passed this information onto the manager of the Anthony lames Apartments and to Post Publishing so that residents in the area would be aware of the change in decision. 19. ~i:::...~i~i~-~.;.~ The HRA conducted a public heating on December 14th regarding the sale of City-owned property at 7305 42nd Avenue North to Valvoline Instant Oil Change, Inc. The sale is contingent upon the purchaser working with All Star Sports on ingress/egress and cross-easement issues that would allow each property owner the right to access the others property. Rapid Oil will initiate an environmental audit of the property at their expense to ensure that there are no soil or ground water contamination issues which would prohibit their use of the property. The sale was also conditioned upon approval of detailed site and building plans. The HRA passed a resolution authorizing the sale of the property in the amount of $75,000. :"' "'-"~::S/~:~::::;:'"~::" ".~.:~::~f¢~ ~.'~ ~j.:~ ...... 2' >x' .' ~; :SS :~:';~Si'" ':.';61 ~ 20. ~ilili~'.~~~i~ - In December the City of New Hope received correspondence from the Metropolitan Council indicating that they had received the Planning Commission/City Council comments on the update to the Crystal Comprehensive Plan and would incorporate those comments into the review process. 21. ~- At the December Planning Commission meeting Gale Ffiedfich indicated that he would not be seeking reappointment to the Commission. At the December 14th City Council meeting the Council passed a resolution which accepted, with regrets, Friedfich's resignation and extended appreciation for his 12 years of service to the City. 22. :;"" '~:~:'''''';::~:' :'~''''''~s:;''''::~':~!':''''''::'''''':'''' ~ ~i~ - Staff continued to work with the Citizen Advisory Commission during the 4th quarter on the Community Center project. Several plan revisions were made, financing was discussed in detail and preparations made for community meetings to be held in February and March. 23. ~i~-~' :~.. . The berm and landscaping between the Custom Mold expansion and the Public Works property was completed in October and plans for a salt storage facility on the outlot are in the process of being developed. 24. ~ - The owners of Universal Color Lab are still interested in developing the City-owned parcel at the northwest intersection of 42nd and Nevada Avenues. Staff met with the owners on several occasions during the 4th quarter and the owners have hired a consultant to assist' them in packaging a proposal for the City. Kirk McDonald Management Assistant/Community Development Coordinator 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5100 FAX (612) 531-5;; Januar~ 13, 1993 Mr. Naftali Alkalai Car-X Muffler & Brake Shope 896 NE Highway 10 Spring Lake Park, MN 55434 Subject: CONDITIONAL USE PERMIT AND VARIANCE SITE IMPROVEMENT AGREEMENT/PERFORMANCE BOND FOR CONSTRUCTION OF A CAR-X MUFFLER SHOP AT 7900 27TH AVENUE NORTH IN NEW HOPE, PLANNING CASE 92-26 Dear Mr. Alkalal: Enclosed please f'md three (3) copies of a revised Conditional Use Permit and Variance site Improvement Agreement pertaining to the construction of a Car-X Muffler Shop at 7900 2?th Avenue North in New Hope. Per our phone conversation, the City Manager has agreed to reduce the financial guarantee requirement to $8,650.00. That change is reflected in paragraph three (3), and is the only change in the agreement. Please review the enclosed agreements and sign all three copies in the appropriate place on page 6 and have your signature notarized. Please return the three executed copies of the agreement to the City with the appropriate type of financial guarantee. I will have the appropriate City officials sign the agreements and will return one fully executed copy to you for your files. If you have questions please call. Sincerely, Daniel I. Donahue city [v .ag -r Kirk McDor~ld Management Assistant/Community Development Coordinator KM/lb Enclosure.' Revised Conditional Use Permi~ and Variance Site Improvemen~ Agreement Dan Donahue, City Manager Steve Sondmll, City Attorney Mark Hanso~, Cit~ Engineer Doug Sandstad, Building Official Valerie I~one, City Clerk File 92-2~ r~mmm.~,B Family Styled City"~^~",~ Fol' Family Livi., "~V~ V~n' CITY OF NEW HOPE CONDITIONAL USE PERMIT AND VARIANCE SITE IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by Naftali Alkalai and Lonae Alkalai, husband and wife, and Mahzal, Inc., a Minnesota corporation (hereinfter collectively "Developer") and the City of New Hope (hereinafter "City"), this day of , 199__. WHEREAS, on November 9, 1992, by Resolution No. 92-188, the City Council approved Developer's request for a Conditional Use Permit and Variance (hereinafter the "CUP/Variance") for certain .real property located in the City of New Hope, County of Hennepin, State of Minnesota known as 7900 27th Avenue North, legally described as: The East 153 feet of the South 153 feet of the Southeast Quarter of the Southeast Quarter except the East 33 feet thereof, Section 19, Township 118, Range 21, according to the Government Survey thereof except that part which lies East of a line drawn parallel with and distant 42 feet West of the East line of said Section and except that part which lies South and East of a curve having a radius of 26 feet being concave to the Northwest and tangent to said parallel line and a line drawn parallel with and distant 33 feet North of the South line of said Section, Hennepin County, Minnesota, (hereinafter "Property") to allow construction of a Car-X Muffler Shop, and WHEREAS, the City Council also approved Developer's site development plans for the Property dated October 8, 1992 as set forth in Planning Case 92-26 (hereinafter "Plans"), and WHEREAS~ the CUP/Variance was granted subject to the following conditions: 1. Developer to sign Development Agreement and provide performance bond for all curbing, removal of Winnetka access, and landscaping. 2. Developer to insure existing utilities are cut and capped at property line under city permit, with inspection by public works before demolition. 3. Developer to submit to City prior to construction parking and snow removal agreement for leased space from Midland Center. 4. DeveloPer to add landscaping to west side of building. 5. Annual review by staff. NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. INCORPORATION OF RECITALS. The recitals above are incorporated herein by reference, specifically including the conditions of the CUP/Variance. 2. THE WORK. The Work shall consist of the site improvements described in the Plans, including the Secure Work as described below, and including any amendments to the Plans which are approved by the City Council. The Work shall be performed by the Developer to the City's satisfaction and in compliance with all applicable codes, ordinances, standards, and policies of the City. 3. THE SECURED WORK. The Secured Work includes all on-site exterior amenities shown on the Plans that are listed below. Quantity Item 250 Lin.ft. Concrete Curb 600 S.Y. Bituminous Surface Lump Sum Landscape TOTAL AMOUNT OF FINANCIAL GUARANTEE: $8,650.00 The Developer unconditionally guarantees to the City all of the Secured Work for a period of one year subsequent to the Completion Date of the Secured Work. This guarantee shall include failure of the Secured Work due to poor material, faulty workmanship, or any other cause. This guarantee shall continue whether or not all of the financial guarantee shall have been released by the City. 2 3. COMPLETION. The Developer agrees that the Work shall be completed in its entirety on or before the 1st day of December, 1993 (the Completion Date), except as this period of time is extended by resolution of the Council, or by the City taking no action to require completion hereunder on a timely basis. It ts understood and agreed that failure of the City to promptly take action to draw upon the bond or other security to enforce this Agreement after the expiration of the time in which the Work is to be completed hereunder will not waive, estop or release any rights of the City and the City can take action at any time thereafter to require completion of the Work, and payment for same. Furthermore, the term of this Agreement shall be deemed to be automatically extended until such time as the City Council declares the Developer in default thereunder, and the statute of limitations shall not be deemed to commence running until the City Council has been notified in writing by the Developer that the Developer has either complied with this Agreement, or that it refuses to for any reason. These provisions shall be applicable to any person who shall give a financial guarantee to the City as required below. 4. COST OF WORK. The Developer shall pay for all costs of persons doing work or furnishing skill, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same, and the City shall be under no obligation to pay the Developer or any subcontractor any sum whatsoever on account thereof, whether or not the City shall have approved the subcontract or subcontractor, and the Developer and its surety shall hold the City harmless against any such claims, and provide the City with all necessary lien waivers. 5. DEFAULT. In the event of default by the Developer as to any of the Secured Work to be performed hereunder, the City may, at its option, perform the Secured Work and the Developer shall promptly reimburse the City for any expense incurred therein by the City, provided the Developer is first given written notice by United States Mail of the Secured Work in default and required to be done by the Developer, not less than 48 hours being given thereby to the Developer to remove the default status, said notice being addressed to the Developer at the address set forth below. Notice given in this manner being sufficient as described, by agreement of the parties hereto. Notice to the Developer shall also constitute, without further action, notice to any contractor or subcontractor, whether they are approved and accepted by the City or not. In the event of emergency, as determined by the City Engineer, the 48 hours notice requirement to the Developer shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City for any expense so incurred by 3 the City in the same manner as if mailed notice as described above had been given. It is understood by the parties, however, that the responsibility of the Beveloper is limited by strikes and force mai eure. 6. REVOCATION OF CUP AND/OR VARIANCE. The City Council approved a CUP and Variance for the Property subject to certain conditions including completion of the Work. As an additional remedy separate and independent from any other remedy available to it, upon breach of this.Agreement by Developer, the City may revoke the CUP and/or the Variance for the Property. Developer acknowledges and agrees that the City may also revoke the CUP and/or the Variance for failure of the Developer to satisfy any of the other conditions of the CUP/Variance. 7. ADMINISTRATION COSTS. Developer agrees to reimburse the City for the actual costs to the City associated with Planning Case 92-26, the CUP/Variance, and this Agreement, including but not limited to, engineering and attorney's fees. Developer agrees that the financial guarantee shall not be released until all such costs have been paid to the City. 8. HOLD HARMLESS. The Developer agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages and expenses (including attorney fees) arising out of or resulting from the Developer's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precaution. In the event any City employee, agent or representative shall come under the direct or indirect control of the Developer, or the City, upon the failure of the Developer to comply with any conditions of this Agreement or the Variance, performs said conditions pursuant to the financial guarantee, the Developer shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent or intentional acts in the performance of the Developer's required work under this A9reement or the CUP/Variance. 9, COST OF ENFORCEMENT. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 10. FINANCIAL GUARANTEE. The Developer shall furnish the City with a financial guarantee acceptable to the City in one of the following forms: a) cash escrow; b) a performance bond issued by an approved corporate surety licensed to do business in the State of Minnesota, and executed by the Developer as the principal; c) an irrevocable letter of credit; d) an automatically renewing certificate of deposit in Developer's name but assigned to the City; e) other financial instruments which provide equivalent assurance to the City, Said financial guarantee shall be furnished to the City as..security to assure completion of the items of Secured Work as set forth above, and payment of the costs of administration as set forth above. The financial guarantee shall be in an amount of 150~ of the cost of the Secured Work as estimated by the City Engineer. The financial guarantee provided shall continue in full force and effect until the City Council approves and accepts all of the Secured Work undertaken and releases the surety and/or the Oeveloper from any further liability, and until all administrative costs are paid in full, The City Council may reduce the amount of the financial guarantee upon partial completion of the Secured Work and payment of all outstanding administrative costs. 11. NOT[CE, The address of Developer, for purposes of this Agreement is as follows, and any notice mailed by the City to this address shall be deemed sufficient notice under this Agreement, until notice of a change of address is given to the City in writing: Naftali Alka3&i/M&hza], Inc. 896 Highway 10 Spring Lake Park, MN 55432 12. SEVERAB[L[TY. If any portion, section, subsection, paragraph, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portion of this Agreement. 13. SUCCESS[ON. This Agreement shall be binding upon the parties, their heirs, successors or assigns as the case may be. ZN WITNESS WHEREOF, we have hereunto set our hands and seals. CZTY OF NEW HOPE By [ts Mayor By [ts City Manager N&ft&li Alk&la~ Lonae Alkalai MAHZAL, INC. By By Its STATE OF MINNESOTA ) ) SS, COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1993, by EDW. J. ERICKSON and DANIEL J. DONAHUE, the Mayor and Manager, respective]y, of the City of New Hope, a municipal corporation of the State of Minnesota, on behalf of said municipal corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregOing was acknowledged before me this day of , 1993, by Naftali Alkalai and Lonae Alkalai, husband and wife. Notary Public STATE'OF MINNESOTA ) ~-< ) ss. COUNTY OF HENNEPIN ) ' The foregoing instrument was acknowledged before me this day of .. , 1993, by and , the and , respectively, of MAHZAL, [NC., a Minnesota corporation, on behalf of said corporation. Notary Public DRAFTED BY: CORRICK & SONDRALL, A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 8525 Edinbrook Crossing, #203 Brooklyn Park, MN 55443 (612) 425-5671 c:\wp51\cnh\cup.mah 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5100 FAX (612) 531-51 January 27, 1993 Mr. Richard M. Jansen, Jr. New Hope K-Mart 4301 Xylon Avenue North New Hope, MN 55428 Subject: K-MART LANDSCAPING, PARKING LOT, AND SITE IMPROVEMENTS Dear Mr. Jansen: The New Hope Planning Commission has requested that I contact you to again inquire as to when or whether any improvements are proposed to be made to the K-Man site in regards to landscaping and parking lot improvements. As you are aware, in 1990 K-Man made application for a conditional use permit to move the restaurant within the interior of the building and site/building plan review/approval to remove the existing store front glass, infill with decorative concrete block to match the store, and to upgrade the existing parking lot and add landscaping. The Planning Commission approved the conditional use permit to relocate the restaurant and tabled the request for the exterior improvements so that the City and K-Man could work together cooperatively on a parking plan that would address some of the City's concerns. A plan was developed by the City and forwarded to K-Man officials for review/comment in March of 1991. A response was received from K-Man in June indicating that K-Man would be proceeding with plans to update the exterior of the store and that the City's concerns would be addressed as drawings were submitted to the City for consideration. That is the last correspondence we received from K-Man. The City contacted K-Man again in August of that year requesting that the City be informed as to the timetable for submitting plans and proceeding with the improvements. No response was received. In December of 1991, the City Council and Planning Commission approved an amendment to K-Man's comprehensive sign plan and a variance to exceed the maximum wall signage allowed. At that time the question arose again about the outstanding planning case on parking lot and landscaping. While the City appreciates the signage and painting improvements that have been made to the exterior of the store, it is still our feeling that there are parking lot safety issues that need to be addressed along with needed landscaping improvements. I would appreciate it if you would fax or forward a copy of this letter to K-Mart's regional or corporate headquarters so that the City can receive a satisfactory response as to why the proposed improvements have not taken place and if there are any plans for further exterior site improvements in 1993. Family Styled City ~ For Family.Living Please contact me if you have any questions. The City staff will be glad to work with you and/or other K-Mart officials to resolve these matters. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator KM/Ib cc: Dan Donahue, City Manager Doug Sandstad, Building Official Steve Sondrall, City Attorney Mark Hanson, City Engineer Planning Commission Members Planning Case File 90-35