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040693 Planning
AGENDA PLANNING COMMISSION MEETING OF APRIL 6, 1993 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARINGS 3.1 Case 93-07 Request for Conditional Use Permit to Allow Outdoor Dining, 7600 42nd Avenue North, Sunshine Factory, Petitioner 3.2 Case 93-08 Request for Conditional Use Permit to Allow Construction of an Oil Changing Facility, a Variance to the Lot Definition or Rear/Front Yard Setback Requirements, and Site/Building Plan Review/Approval, 7305 42nd Avenue North, Valvoline Instant Oil Change, Petitioner 3.3 Case 93-09 Request for Site/Building Plan Review/Approval for a Warehouse Addition and a Variance to Green Area Requirement in I-1 Limited Industrial District, 5001 Boone Avenue North, Lakeside Ltd., Petitioner 3.4 Case 93-10 Request for Conditional Use Permit to Allow a Home Occupation, 3732 Flag Avenue North, Robert Cairns, Petitioner 4. COMMITTEE REPORTS 4.1 Report of Design and Review Committee 4.2 Report of Codes and Standards Committee 5. OLD BUSINESS 5.1 Miscellaneous Issues 6. NEW BUSINESS 6.1 Approval of Planning Commission Minutes of March 2, 1993 6.2 Review of City Council Minutes of March 8, and March 22, 1993 6.3 I-IRA Minutes of December 14, 1992 7. ANNOUNCEMENTS 8. ADJOURNMENT CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-07 Request: Request for Conditional Use Permit to Allow Outdoor Dining Location: 7600 42nd Avenue North PID No: 17-118-21-22-0005 Zoning: B-4 (Community Business) Petitioner: Sunshine Factory Report Date: April 2, 1993 Meeting Date: April 6, 1993 BACKGROUND 1. The petitioner is requesting a ConditiOnal Use Permit to allow outdoor dining, pursuant to Sections 4.125(8) and 4.135(1) of the New Hope Code. 2. The Sunshine Factory is ~equesting permission to erect a 1,200 square foot seasonal temporary deck suitable for outdoor dining, due to numerous requests from customers for an outdoor dining facility. 3. The City amended the Zoning Code to allow outdoor restaurant seating in 1991, and this is the second application received for outdoor dining from a New Hope business (Winnetka Commons Shopping Center received CUP approval for an outdoor facility in 1992). Outdoor dining is considered as a conditional accessory use and is permitted with specific conditions, as identified in the ordinance. 4. The property is located in a B-4 Community Business Zoning District and surrounding land uses/zoning include I-2 General Industrial property to the north (Oildyne, Inc.) and across Quebec Avenue to the east (Foremost, Inc.), and B-4 Commercial property to the south across 42nd Avenue (YMCA) and west (Kuppenheimer Clothing). 5. The site at 7600 42nd Avenue was zoned General Industrial in 1960; in 1979 the zoning was changed to B-3 Auto Oriented and in 1991, with a study of 42nd Avenue, the zoning was upgraded to B-4 Community Business. 6. The topography of the site is generally fiat with a slight slope to the northeast. 7. The restaurant was constructed in 1975 by the petitioner and a large addition was erected in 1986. 8. Property owners within 350' of the request have been notified and staff has received no comments in regards to the request. ANALYSIS 1. The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional us is to be allowed, the City may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all such other or further factors as the City shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. Planning Case Report 93-07 April 6, 1993 Page -2- 2. The City Code states that outdoor dining as an accessory use for restaurants, drive-in, and convenience food establishments, is allowed by Conditional Use Permit subject to the following conditions: A. The applicant be required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. B. Access to the dining area be provided only via the prineipai building if the dining area is a full-service restaurant, including table waiting service. C. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the prineipai structure. D. The dining area is screened from view from adjacent residential uses in accordance with Section 4.033(3)(b) of the Code. E. All lighting be hooded and directed away from adjacent residential uses in accordance with Section 4.033(5) of the Code. F. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1. Outdoor dining area shall be segregated from through-pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council 2. Minimum clear passage zone for pedestrians at the perimeter of the cafe shall be at least five .(5) feet without interference from parked motor vehicles, bollards, trees, treegates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 3. Overstory canopy of trees, umbrellas, or other structures extending into the pedestrian clean passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. G. The dining area is surface with concrete, bituminous, or decorative paver to provide a clean, attractive, and functional surface. H. A minim~_~m width of thirty-six (36) inches shall be provided within aisles of the outdoor dining area. I. Storage of furniture shall not be permitted on the sidewalk between November 1 and March 31. Sidewalk furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture must be approved as part of the site plan application provided for by Section 4.125(8)(a) of the Code. J. No outside bar or cooking facility shall be established, only wait stations shall be allowed. K. Additional off-street parking shall be required pursuant to the requirements set forth in Section 4.036 of the Code based on the additional seating area provided by the outdoor dining area. L. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. Planning Case Report 93-07 April 6, 1993 Page -3- M. The. operation is subject to approval of the City Sanitarian and compliance with any written provisions he or she requires. N. Rooftop dining facilities shall be permitted provided they meet all applicable conditions as listed herein and in addition: 1. Provide permanent walls of fencing around the periphery of the dining area at a minimum height of 42 inches to ensure safety of persons/property. 2. Any permanent structures, including divider walls, trellis work, etc. be included as part of the building upon which they are located and are subject to the building height limitations as specified in Section 4.033(1) of the Code. 3. The submitted plans for a rOoftop dining facility, as well as the building upon which the proposed outdoor dining is to occur, are subject to review by the City Building Inspector. He/She will determine whether the building is structurally capable of handling the additional weight of persons and equipment. 3. Other general criteria to be considered when determining whether to approve of deny a conditional use permit include: A. Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Municipal Plan of the City. B. Compatibility. The proposed use is compatible with its adjacent land uses. C. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. E. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: In Business District (B-l, B-2, B-3, B-4): 1. Traffic. The proposed use will not cause traffic hazards or congestion. 2. Nearby Residences. Adjacent residentially-zoned land will not be adversely affected because of traffic generation, noise, glare, or other nuisance unsightliness. 4. The proposed 1,200 square foot seasonal deck area would be located on the southeast front comer of the existing building and would measure 27 feet in width by 50 feet in length. The petitioner pointed out during Design & Review that this area is the location on the lot farthest from the R-4 Residential Zoning to the north and the new addition would be visible from 42nd Avenue. 5. The deck would be constructed of aluminum supports with 5' x 20' removable cedar deck panels...similar to the construction of a dock. The outdoor area would be surrounded with 42" tall wood lattice panels/redwood posts and all materials would blend with the existing building. Entrance to the outdoor dining area would be from inside the restaurant and the proposal is to remove an existing window and install a service door to the deck. Planning Case Report 93-07 April 6, 1993 Page -4- 6. The outdoor seating capacity would be as follows: 5 tables with 6 seats = 30 7 tables with 4 seats = 28 58 The furniture would consist of white resin tables and chairs and 60 inch table umbrellas. Temporary plantings (flowers and trees) in clay pots would be placed around the inside perimeter of the dining area; food and beverage service would be from the main restaurant. The facility would operate on the same hours as the main restaurant, with lunch and dinner being served (no food service after 11:00 p.m.; closing at 1:00 a.m.). Speakers would provide music on the deck at a similar sound level as in the main building. 7. Parking Requirements Total existing pa.rking stall provided/required on the site = 218 Seven spaces lost with deck installation 7 211 58 new outdoor seating spaces require 30 additional parking stalls (1 stall per 40 square feet; additional 1,200 square feet = 30 spaces) 30 181 With the loss of parking spaces for the deck and the additional seating added, the restaurant would be 37 parking spaces short of Code requirements (218 minus 181). 8. Parking Considerations A. The petitioner has indicated that 24 indoor seats would be removed with the installation of the deck. However, City Code parking requirements for restaurants are calculated on building square footage, not number of seats. The exact square footage of the area where seats will be removed are to be shown on the revised plans. Staff estimates that an additional 7 spaces would be gained, for an overall seasonal parking shortage of 30 spaces. B. The petitioner has indicated that he has had an informal agreement with the adjacent business to the north (Oildyne) that allows Sunshine Factory staff to park on the property. C. The petitioner has submitted business customer counts/revenues that show reduced business/customers (and parking needed) during the summer months. The petitioner states that he does not need more seats, but different seats, and that during the summer months there are many excess interior~seats. All of the above factors could be used by the Commission/Council to allow some flexibility on the parking requirement issue or to possible grant the CUP with the existing parking on a temporary basis to determine if it is adequate, although technically a variance or shared- parking CUP is required. 9. No additional landscaping is being proposed, except for the temporary plantings on the deck. Staff would like to see additional permanent plantings to buffer against the industrial property to the east if the outdoor facility becomes an annual installation. 10. The Design & Review Committee met with the petitioner on3/28 and all of the above issues were discussed. The petitioner will submit revised plans incorporating the recommendations of the Committee prior to the 4/6 Commission meeting. Planning Case Report 93-07 April 6, 1993 Page -5- RECOMMENDATION Staff recommends approval of the request for a Conditional Use Permit for an outdoor dining facility, pending review of the revised plans, subject to the following conditions: 1. Parking issue to be resolved through one of the following options: A. Variance for seasonal Parking shortage, B. CUP for shared parking, or C. One year trial basis for parking shortage of 30 spaces. If City determines that parking is inadequate, an off-site parking agreement or additional reduction of inside seating must be provided. 2. Umbrellas at dining tables shall not include advertising. 3. Excessive volume on outdoor music speakers is prohibited: 4. Annual review by staff. Attachments: Zoning/Section/Topo Maps Petitioner Letter Customer Counts/Revenue Site Plan Floor Plan Elevations/Deck Detail Outdoor Seating Plan Revised Plan (received 4-1-93) X 0 901 .,~ · 900 901.4 898.2 X X 914.9- nshine , - Factory March 11, 1993 City of New Hope 4401Xylon Ave. N. New Hope, MN 55428 Attn: Kirk McDonald Dear Kirk: Enclosed with this letter you will find our application for Accessory Outdoor Dining as regulated by City Code 4~125 (8)~ This letter is to provide some background information about our request and the reasons for it~ For many, many years~ the warm weather months have been our restaurant's slower segment of the year~ During the last 5 years this soft demand has reduced income during this period to break even - then small losses - then very serious losses. Attached is a summary which clearly shows customer counts and revenue for 1992o There are many trends at work which are not favorable for restaurants in general~ and more specifically for the Sunshine Factory. On the other hand, there is a very strong trend and demand for outdoor casual dining - which we believe can be of substantial help in shoring up our warm weather demand problem. To put it very simply, we do not need more seats - we need different seats. In ~act, during the time period that the seasonal deck would be in place, we have many excess seats. We need to use the attraction of outdoor seatin~ to create demand · or our products and Service. I believe that this seasonally temporary deck will be a major solution to our summer dilemma. I am sure that the City of New Hope will respond to our request with common sense and understanding. Thank you for your efforts on our behalf~ Sincerely~ RESTAURANT & BISTRO ?600 - 42nd Avenue North · New Hope, Minnesota 55427 · (612) 535-7000 _(' nshine --- Factory 1992 SUNSHINE FACTORY CUSTOMER COUNTS & REVENUE BY FINANCIAL PERIOD PERIOD TOTAL CUSTOMERS BANQUET CUSTOMERS REVENUE 1 22,952 419 $269,021 2 22,154 379 $262~647 3 23,327 624 $261,736 4 23,610 852 $268,083 5 24,119 1301 $275,150 6 19,971 87 $219~039 ? 18,811 84 $207,337 8 19,538 102 $224,257 9 19~692 113 $225,944 LO 20,130 144 $234,473 11 22,273 661 $246,786 12 20,290 299 $239,481 13 22,925 758 $258,983 RESTAURANT & BISTRO 7600 - 42nd Avenue North · New Hope, Minnesota 55427 · (612) 535-7000 PRELIMINARY PLANS 84 IPACll AT 8' WEST ELEVATION CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-08 Request: Request for Conditional Use Permit to Allow Construction of an Oil Changing Facility, Variance from the Lot Frontage Del'tuition or Rear/Front Yard Setback Requirements, and Site/Building Plan Review Approval Location: 7305 42nd Avenue North PID No: 17-118-21-24-0061 Zoning: B4 (Community Business) Petitioner: Valvoline Rapid Oil Change Report Date: April 2, 1993 Meeting Date: April 6, 1993 BACKGROUND 1. The petitioner is requesting site/building plan review approval, a conditional use permit, and a variance from the lot frontage definition or a rear/front yard setback variance to allow construction of an oil changing facility, pursuant to Sections 4.039A, 4.124(1), 4.02(84), and 4.034(3) of the New Hope Code. 2. Valvoline Rapid Oil Change is proposing to construct a 1,273 square foot oil changing facility on the southwest comer of 42nd and Nevada Avenues. 3. The City has been worldng with Valvoline Rapid Oil over the past year on the sale/development of this property. A public hearing was held on December 14, 1992, regarding the sale of property to Valvoline subject to certain conditions. One of the primary conditions was that ingress/egress access be provided to the All Star Sport site west of and adjacent to this parcel. Valvoline also has conducted, or is in the process of conducting, an environmental audit of the property at their expense, to ensure that there are no soil or ground water or soil contamination issues which would prohibit their use of the property as a Rapid Oil Change facility. The City has completed a survey of the All Star Sports site and will be working on a concept plan this spring to possibly invest some TIF monies into landscaping/parking/curb cut improvements on the All Star site in an effort to blend the two properties together. 4. Rapid Oil is requesting the following approvals: A. Site/Buildln~ Plan Review B. Conditional Use Permit - Minor auto repair and service stores are allowed by conditional use in the B-3 and B-4 Zoning Districts provided that certain conditions are met. C. Lot Frontage Def'mition Variance/Amendment or Front/Rear Yard Setback Variances - The lot frontage definition states that the narrowest portion of the lot shall be considered the front. This parcel is almost square, with about a 4-foot difference between 42nd Avenue and Nevada Avenue, with 42nd Avenue having the least dimension (making it the official front yard). The petitioner is requesting that Nevada Avenue be defined as the front yard, as those setbacks would better accommodate the building/develOPment plans, which are designed to blend in with the Ail Star site. If this is not acceptable to the Commission or Council, then setback variances for the front and rear yard will be necessary. Planning Case 93-08 April 6, 1993 Page -2- The differences in the setback is as follows: 42nd Avenue front Nevada Avenue front Zoning Code (narrowest width--front) Front yard, 42nd Ay., 50 ft. setback Front yard, Nevada Ay., 35' setback Rear yard, 41-1/2 Ay., 35 ft. setback Rear yard, All Star Sports, 35 ft. setback Side yard, Nevada Ay., 20 ft. setback Side yard, 42nd Ay. 35 ft. setback Side yard, All Star Sports, 10 ft. setback Side yard, 41-1/2 Ay., 20 ft. setback The setback shown on the Rapid Oil plan are as follows: Setback 50 ft. from 42nd Avenue Setback 20 f. from 41-1/2 Avenue Setback 35 ft. from Nevada Avenue Setback 35 ft. from All Star Sports If a variance to the lot frontage definition is acceptable and Nevada Avenue is considered the front, no setback variances are needed and the intended 50-foot setback from 42nd Avenue is maintained. If a variance to the lot frontage definition is not acceptable, the following variance is needed: -a 15-foot rear yard variance on 41-1/2 Avenue, as the requirement is 35 feet and the plan shows 20 feet. 5. This site has been vacant for the past 8 years, when the former gas station was acquired and demolished by the City for the improvement of 42nd Avenue. The site was zoned commercial until 1961 when it was rezoned to General Business. In 1979 the site was rezoned to B-3 Auto'Oriented and remained in that classification until 1991 when a number of parcels along 42nd Avenue were rezoned to B-4 Community Business. The majority of surrounding parcels are zoned B4, with All Star Sports to the west, vacant city-owned parcel to the north across 42nd Awnue, and Total Petroleum to the east across Nevada Avenue. R-3 Multiple Family dwellings are located to the south of the parcel across 41-1/2 Avenue. 6. The Comprehensive Plan issues for this district include traffic congestion (now improved after 42nd Avenue upgrade), and screening/landscape buffers between conflicting uses. 7. The topography of the site is flat and the proposed plan is for sheet drainage/surface runoff. 8. Property owners within 350' of the request have been notified and staff has received no comments in regards to this request. A set of full scale plans was sent to All Star Sports. ANALYSIS Conditional Use Permit 1. The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining the suitability of certain designated uses upon the general welfare,' public health, and safety. In making this determination, whether Or not the conditional us is to be allowed, the City may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premi.qes or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all such other or further factors as the City shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. ,.Planning Case Report 93-08 April 6, 1993 Page -3- 2. The City Code states that automobile service stations, auto repair-minor, and tire and battery store and services are allowed as a conditional use provided that the following conditions are met: A. Safety. Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this code for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. B. Compatibility. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. C. Surfacing. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City. D. Area. A minimum lot area of twenty-two thousand five hundred square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet. E. Drainage. A drainage system subject to the approval of the City shall be installed. F. Curbing. A curb not less than six inches above grade shall separate the public sidewalk from motor vehicle services areas. G. Pump Islands. Wherever fuel pumps are to be installed, pump islands shall be installed. H. Green Strip. At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened. I. Lighting Landscaped. Each light standard shall be landscaped. J. Stacking. Parking or car magazine storage space shall be screened from view of abutting residential districts. K. Vehicle Circulation. Vehicular access points shall create a minimum of conflict with through traffic movement. L. Noise. Provisions are made to control and reduce noise in accordance with the Noise Control Code. M. Outside Storage. No outside storage except as allowed in compliance with Section 4.125(3). N. Sales Limitations.. Sale of products other than those specifically mentioned in this subdivision be subject to a conditional use permit. 3. Other general criteria to be considered when determining whether to approve of deny a conditional use permit include: A. Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Municipal Plan of the City. B.Compatibility. The proposed use is compatible with its adjacent land uses. C. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. E. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: In Business District (B-l, B-2, B-3, B-4): 1. Traffic. The proposed use will not cause traffic hazards or congestion. 2. Nearby Residences. Adjacent residentially-zoned land will not be adversely affected because of traffic generation, noise, glare, or other nuisance unsightliness. Planning Case Report 93-08 April 6, 1993 Page -4- 4. Staff finds that the CUP request is routine and that all conditions are met except the 22,500 square foot lot area requirement, which is an existing non-conformity. Outdoor storage and sales should be addressed. Variance, 5. The purpose of the variance is to permit relief from the strict application of the zoning code where undue hardships prevent reasonable use of property and where circumstances are unique to the property. A hardship may exist by reason of narrowness, shallowness, or shape of property or because of exceptional topographic or water conditions. The hardship cannot be created by the property owner and if the variance is granted, it should not alter the essential character of the neighborhood or unreasonably diminish or impair property values in the neighborhood. 2. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. 3. Additional criteria to be used in considering requests for a variance includes the following and the Planning Commission/City Council shall make findings that the proposed action will not: A. Consistent With Purpose of Variance. Be contrary to the purposes of a variance. B. Li_~. Impair an adequate supply of light and air to adjacent property. C. Street Connections. Unreasonably increase the congestion in the public street. D. Public Safety. Increase the danger of ftre or endanger the public safety. E. Property_ Values. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to intent of City Code. 8. Staff finds that either the variance from the lot frontage definition or the setback variance is minor because this is a small parcel and the lot is virtually square. This development plan is also intended as a coordinated effort with the adjacent property, with both lots having parking to the north for joint access and the buildings in the rear of the property. The primary green area/buffer is on the residential south side where it is intended. The traffic activity is on the north, away from the apartments. Site/Buiidino Plan Review 9. The building would be a one-story, 2-service bay facility, with a lower level "pit area" with work platforms (no hoists). 10. Building materials would consist of rock-faced textured block, slate grey flashing, and the typical Rapid Oil "blue band" above the aluminum glass overhead doors and bacldit red barrel around the top portion of the building. 11. The existing curb cut on Nevada Avenue would be shifted 30 feet to the south, which would improve a non-conformity, and eventually line up with a revised All Star Sports curb cut on the west. Entrance to the facility would be off of Nevada, around the front of the building into the service bay stacking area. A total of 12 parking stalls are required and 17 are provided, including the staging stalls and service bays. See site data following: ff~lanning Case Report 93-08 ~-lApril 6, 1993 Page -5- Lot Area - 14,957 sq. ft. (.343 acres) Building Area - 1,273 sq. ft. (9%) Landscape Area - 5,448 sq. ft. (36%) Parking/Drive Area - 8,236 sq. ft. (55%) Parking Required 5 + 3/Bay 11 Lower Level _.1 12 parking Provided Parking Stalls 10 Staging Stalls 5 Service Bays 2 Total 17 1:2.' A total of 44 trees and shrubs would be added to the site along with the 2 existing trees on 42nd Avenue. Major planting 'areas are on the northeast and northwest comers of the property along 42nd Avenue, in front of the building, and at the rear of the building on 41-1/2 Avenue (see landscape schedule). Per the Design & Review meeting, all landscaping will be sprinkled. 13. Revised plans should include building, pylon and directional sign details; an exterior lighting plan is needed. Trash enclosure and snow storage to be shown on plan also. RECOMMENDATION Staff recommends approval of site/building plan review, the conditional use permit and the minor variance to the lot frontage definition to allow construction of the oil changing facility, subject to the following conditions:. 1. Revised plans to address signage, trash, and snow storage and lighting issues. 2. Two additional deciduous trees (2/-1/2 inches in diameter) to be added along south yard. 3. Survey to be submitted showing shared access easement with All Star Sports and evidence of title recording. 4. Annual staff inspection. Attachments: Section/Zoning/Topo Maps Site Plan Landscape Plan/Schedule Elevations Building Sections/Details Floor Plans Surveys Petitioner Letter Setback Sketches Letter to Norman Council Minutes 12/14/92 Lighting Plan Signage Plan Revised Plans (received 4/1/93) NORTH o ~915.1 x 9o3.6 903.9 -X X :9 90~.?~ X 905 8 X 912. 914 910.8 X 913.3 915.8' PRELIMINARY PLAN~ COUNI~' ROAD NO. 9 ( 42 nd AVENUE NO. ) I1 ~,,~ ~ ,, ' J Loo~ , - ' ~ ' ...... ;. 'L_ ' ~ LANDSCAPE PLAN f 41 1/2 AVENUE NORTH I NOTES: I ~ (~ ~"LAN~oD'SCAPE- - o,' PLAN ,,'" / I 0 ~ " SCHEDULE II PLANTING KEY QTY. COMMON BOTANICAL MATURE PLAN'FLNG SIZE NAME NAME SIZE ac ROOT TYPE PINE,, MUGHO PINUS MUGHO ,IB- 10 GAL ,, B 2 UUGHUS m j .~h~ C! 2 ~' SCOPUU)RUM~II'INIPERUS .-OTO 12-0 ,Jr.2-O = ' ~* FmJTICOSA .. -. i WflH PL.NgTT]tS CONCRETE CENTER ISLAND ;ION .... . ........... v:.'.:.:.~.:.i.:.'..i.:.i,i.~.~.~.i.. NO PARKING SIGN SIGN FOOTING i~8~ ~ WITHI GRAVEL, L ~RE ~ )2.8/ ~2.6 NO PARKING ~ x~ o~.~ ~o~,s x~:~ / ~'~ CO. ROAD NO. g --S~U'II'I R/W UNE ~ COUNTY // NORTH UNE OF L01~ 3 & 4 STAI~ AiD HIGHWAY NO. ~, PLAT 58 3 FT. UTIUTY EAS~,~NT ,..,~"~"' ~. ,,'nl,'[.v EASEMENT ~,:f.~ ' . . . ~ s~'~ ~ HOC[ Ill _; 3.5- = ~: T~5 [ I 4- ,., < ~m',~' ~N 88'51 W 110.~~ R=5571.~0 L-9.88 NOR~ 12~ 41 1/2, AVENUe'.. Ki( 6t12 CELS BL_V}o M NNEaiXSt_tS, ' "" == IVll'q, 00/4 i© March 12, 1993 Rapid Oil Change Project number 9302-19 Lcation: 42nd Ave. No & Nevada Ave. No. Description of request and explanation: Conditional use permit - 4.034 (3); Request conditional use permit to allow construction of oil changing facility (minor auto service/repair). Use is a less intensive use for B-3 zoning and requires a conditional use permit for B-4 zoning districts. Amendment to lot frontage definition - 4.022 (84); The definition indicates that the least dimension fronting a public right of way shall be the front yard. This property is almost square, 4.4 feet difference between 42nd Ave. No. & Nevada Ave. No., 42nd Ave. being the least dimension. For the best use of the property and it's compatibility to the property, to the west it is requested that Nevada Ave. be defined as the front yard. This would provide a front yard set back of 35 feet, a rear yard of 35 feet and side yard setback of 20 feet at 41½ Ave. and 42 feet at 42nd Ave. No. (the drawings indicate 50 feet which would be acceptable). Under this layout the proposed co,~non driveways and in-line parking and green spaces would be compatible. This also keeps the two buildings in-line for a more pleasing appearance from the adjacent streets and property. Site and building plan review - 4.039 (A); Standard requirement for buildings of this nature. If any questions, contact John Kosmas, 922-3226 42nd Avenue North 120' FRONT 50' 20' ] ____.. .__.. 35' 12nd Avenue North 120' 4401Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5100 FAX (612) 53!-51 19, 1993 Mr. Jerry Norman Ail Star Sports 7321 42nd Avenue North New Hope, MN 55427 Subject: VALVOLINE RAPID OIL BUILDING PLANS Dear Jerry: Enclosed please find for your information and review a copy of large-scale preliminary plans for the Rapid Oil facility that is proposed to be built next to Ail Star Sports. The Planning Commission will be considering these at their Aprill 6th meeting and the Council will consider them at their April 12th meeting. You will be receiving a public hearing notice on the proposed construction. Per our discussions, the plans do show a cross- access 'easement between properties. Please review the plans and let Doug Sandstad or me know if you have any concerns. On a related matter, the survey of your property is completed and the City will be developing a concept plan to blend your property into the Rapid Oil development with landscaping, etc. When the plan is complete we will give you a call to schedule a time we can meet to discuss our ideas. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator KM/lb Enclosure: Rapid Oil Plans cc: Dan Donahue, City Manager Doug Sandstad, Building Official Planning Case File' 93-08 Family Styled City ~ For Family Living CITY OF NEW HOPE 4401XYLON AVENUE NORTH HENNEPIN COUNTY, HINNESOTA 55428 Approved HRA Hinutes December 14, 1992 Heeting #7 CALL TO OROER Chairman Pro tem Enck called the meeting of the New Hope Housing and Redevelopment Authority to order at 8:51 p.m. ROLL CALL' Present: Enck, L'Herault, Otten, Williamson Absent: Erickson APPROVE #ZNUTES Motion was made by Commissioner L'Herault, seconded by Commissioner Williamson, to approve the HRA minutes of November 9, 1992. All present voted in favor. Hotion carried. PUBLIC HEARINg Chairman Pro tem Enck introduced for discussion Item 4, Xtem 4 Public Hearing to Consider Sale of Property at 7305 42nd Avenue North to Valvoline Instant Oil Change Inc. and Resolution Authorizing Sale (#492). Mr. Donahue stated final revisions have been made to the purchase agreement. Mr. Sondrall indicated the purchase agreement is ready to be executed and returned to Valvoline. The HRA questioned unresolved issues. Mr. Sondrall explained that there are a number of issues relating to ingress and egress to the property. He noted the sale of the property was conditioned on the purchaser working with All Star Sports, property owners to the west and adjacent to the property, to arrive at an agreement and solution as to how access to both properties can be better utilized. An arrangement is being worked on to provide easements to allow each property owner the right to access the other's property. There are some issues currently being resolved regarding insurance, maintenance, and snow plowing. He continued by stating the other issue that arose was the fact that the City had not reserved easements for the 42nd Avenue Street Taking on that property since the City was the property owner. That issue has been resolved and easements for the widening of the street can be dedicated as part of the closing and would be incorporated as a New Hope HRA December 14, 1992 Page 1 covenant in the deed. There are a couple of legal issues regarding indemnifi- cation which have been worked out between the City and the property owner. The property owner, at their expense, is going to initiate an environmental audit of the property to ensure that there are no soil or ground water contamination issues which would prohibit their use of the property as a Rapid Oil Change facility. They will also undertake a complete survey of the property at their expense. The only ftnal issue is the approval of detailed plans of exactly how Valvoline Instant 0il Change wil] improve the property with their facility. The plans will not be started until the environmental audit is completed and they are satisfied that there are no problems with property access. They Will be required to imPlement the 42nd Avenue development plans.' The plans will be subject to the City's approval and will also be a condition of the sale and if they came back unacceptable to the City, it would invalidate the purchase. Mr. Sondrall concluded by stating the concept sketching and discussions with All Star Sports all seem to indicate that it will be a very nice project and should take place by next spring. Chairman Pro tem Enck asked whether the price has been confirmed. Mr. Sondrall stated the property is being sold for $75,000. Mr. Donahue noted that the public hearJng relates to the sale of the property not the approval of the purchase - agreement. Mr. Robert Baldwin, representing the potential Property owner, was present but did not address the HRA. CLOSE HEARXN~ Motion by Councilmember L'Herault, seconded by Ztem 4 Commissioner Otten, to close the public hearing. All present voted in favor. Motion carried. HRA RES. ~92-05 Commissioner L'Herault introduced the following resolution Ztem 4 and moved its adoption: 'RESOLUTXON AUTHORZZXNe SALE OF CERTAZN REAL PROPERTY AT 7305 42ND AVENUE NORTH.' The foregoing resolution was seconded by Commissioner Otten, and upon vote being taken thereof; the following voted in favor thereof; Enck, L'Herault, Otten, Williamson; and the New Hope HRA December 14, 1992 Page 2 following voted against the same None; Absent; Erickson; whereupon th~ ~eSOlUtiOn WaS declared duly oassed and adopted, signed by the chairman which was attested to by the executive director. AD,IOURNMENT Motion was made by Commissioner Williamson, seconded by Commissioner L'Herault, to adjourn the meeting. All present voted in favor. The New Hope HRA adjourned at 8:57 p.m. Respectful ly submitted, Valerie Leone City Clerk New Hope HRA December 14, 1992 Page 3 REQUEST FOR ACTION originating Department Approved for Agenda Agenda Section City Manager I-IRA · ~'] 12-14-92 Item No. , Kirk McDonald B~. /~ / 4 ~Y: Management AsSistant PUBLIC HEARING TO CONSIDER S~LE OF CITY PROPERTY AT 73015 42ND AVENUE NORTI~ TO VALVOLINE INSTANT oIL CHANGE, INC., AND RESOLUTION AUTHORIZING SALE A public heating was scheduled to consider the sale of City property at 73015 42nd Avenue North to Valvoline Instant Oil Change, Inc. for the November 9th HRA meeting and said hearing was continued until December 14th because Rapid Oil was still in the process of preparing a Right-of- Entry Agreement that would allow them onto the property to complete an environmental audit and the City was still in the process of scheduling a meeting with AIl Star sports regarding cross-easements for access purposes. The Right-of-Entry Agreement has now been executed, which will allow Rapid Oil to conduct soil and ground water sampling/analysis, engineering borings, and other environmental testing on the property at-their expense. The City has also met with All Star Sports regarding cross easements. The cross easements for access are desired by All Star and will be incorporated into the development plans. The cross easements will have an impact on how the Rapid Oil facility is placed on the site and a concept sketch will be presented at the hearing. Rapid Oil does not desire to prepare detailed site and building plans until the environmental audits are completed. Staff anticipates receiving a revised purchase agreement from Valvoline prior to the heating and said agreement-will make the sale of the property subject to specific conditions. The enclosed resolution authorizea the sale of the City-owned property at 73015 42nd Avenue North to Valvoline Rapid Oil and staff recommends approval of the resolution, subject to review/approval of the purchase agreement. Review: Administration: Finance: RFA-O01 1 HRA RESOLUTION NO. 92- 05 RESOLUTION AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY AT 7305 42ND AVENUE NORTH (#492) BE IT RESOLVED by the Housing and Redevelopment Authority of the City of New Hope as follows: WHEREAS, the Housing and Redevelopment Authority in and for the City of New Hope (hereinafter HRA) is fee owner of certain real estate known as 7305 42nd Avenue North, located in the City of New Hope, County of Hennepin, State of Minnesota, legally described as (hereinafter Property): North 125 feet of Lots 3 and 4, Block 6, Rockford Park, according to the plat thereof on f~le or of record in the office of the Register of Deeds in and for said County, and WHEREAS, the HRA is considering the sale of the Property to Valvoline Instant Oil Change, Inc., on such terms and conditions as are set forth in the attached Contract to Purchase, and WHEREAS, notice of a public hearing to consider such sale has been published in the official City newspaper, and WHEREAS, the HRA has determined that said sale will conform to the requirements of Mi.nn~ Stat. Section 469.001 through 469.047, will conform to and be. in furtherance of Redevelopment Plan 85-2 covering the Property, and be in the best interest of the City and its people. NOW, THEREFORE, BE IT RESOLVED by t he Hous i ng and Redevelopment Authority of the City of New Hope as follows: 1. That the above recttals are incorporated by reference. 2. That the attached Contract to Purchase to sell the Property to Valvoline Instant 0il Change, Inc. approved, and the HRA officers and staff are directed to sign said Contract to Purchase and take such other actions as are necessary to implement and complete said sale. Adopted by the City Council this 14th day of December 1992. Attest:~..~.~~~.~ Edw. Erickson, Chairman Dan~el ~. Donahue, Execut3ve Director ~EC-- 11--92 FR I 12 : 00 CORR I CK ~ ~O~RALL P. 02 December 11, 1992 Mr. Dante1 d. Donahue Executive Director, HRA City of New Hope 4401Xylon Avenue North New Hope~ MN 55428 RE: 7305 42nd Avenue North Our File No: 99.1109& Dear Dan: Enclosed you will find four copies of a Contract to Purchase between the HRA and Valvoline Instant 0il Change, [nc. concerning property at 7305 42nd Avenue North. The Contract to Purchase has been amended from the earlier addition by the following: 1. Language has been ellminated which required the HRA to pay for the installation to the property line of any utility services needed for development of the property, 2. Valvoline Instant 041 Change, Inc, will pay for the cost of an accurate survey of the property, estimated at approximate]y $2,500. See section 3, An exception has been made to the City's obligation to indemnify Valvoline for any activities occurring at the property prtor to closing. The City wt]l not have to ~ndemntfy Valvoline for any negligence or willful misconduct of Valvoline. See section S(b), You shou]d also note that section 5(b) contains an indemnification clause in f~vor of the City for any losses, damages and the like arising out of V&lvoltne's presence on or use of the property for their soil and other testing at the site. 4. Exhtbtt B to the Purchase Agreement contains a condition maktn9 the purchase contingent upon Valvoltne's ability to conclude an ingress/egress and cross access easement with All Star Sports, ~nclud~ng maintenance and fnsuranca costs. ~EC-- 11--92 FR I 12 ; 01 CORR I CK & $ON~RALL Mr. Daniel d. Don&hue December 11, 1992 5. Wa added language on Exhibit B to preserve for the HRA the easements which would otherwise have been obtained as part of the 42nd Avenue Street Improvement Project. Since the City purchased this property during the condemnation, the easements themselves were never obt&tned .as part of that condemnation action. By reserving those easements in the deed given at the closing of this sale, the City will end up wlth the same easement rights as it now holds for the other properties ~nvolved in that project. 6. A final addition to Exhtbit B contains a restriction on the use of the property as required by M..~nn. St_&t., B469;029. The purchaser is required to carry out the redevelopment plan and use the property accordingly. The Contract to Purchase in its present form ia an acceptable and appropriate document by which the HRA can sell the property. Also enclosed you will find a copy of a cover letter to William Madden returning the executed copies of the Entry Agreement, as well as letter to Kirk with the Resolution Authorizing the Sale, Please contact me if you have any questions. Sincerely, Martin P. Malecha s3f2 EncloSures cc= Kirk McDonald~ Management Assr. Valerte Leone, City Clerk Steven A. $0ndra11~ Esq. ~ REQ~T FOR ACTION originating Department Approved for Agenda Agenda Section city . ~ 12-14-92 Item No. McVonald /1 / -J' Management A~istant -'/ , PUBLIC Iq'I~ARIN~ TO CONSIDF_~ $.a~.~E OF CITY PROPERTY AT 730~ 42ND AVENUE NORTI/~' TO VALVOIJI~ I~$TANT OIL CHANGE, llq'C., AI~ RE~OLUTION' AUTHORIZING SALE A public hearing wa~ ~cheduled to tonal, der the sale of City prol~'ty at 730fi 42nd Avenue North to Valvoline Instant Oil Change, Inc. for the Noveml~r 9th lIRA meeting and .~id he~rh~ continned nntil l~mi~' 14th l:~cau.~ Rapid Oil wa~ still in the proce~ of preparing a Right-of- Entry Agr~ment that would allow them onto the prol~rty to complet~ an environmental audit and the City w~ still in the proee~ of scheduling a meeting with All Star ~l~ort~ r~garding cross-ea~ment~ for access purpo.~.~. The Right-of-Fmtry Agreement h~ now ~ executed, which will allow Rapid Oil to conduct mil and ground wat~a' ~a,mpling/analysis, engin~,ing borings, and other environmental te~fing on the prol~ny at their expe. n~. Th, City lm also met with All $~' Sporla regarding cross ea~ment~. The cross ea.~m~t~ for ace,s am deair~ by All Star and will I~ incorporated into the development plan~. The cro~ ~q~m~nta will have an impact on how the Rapid Oil facility is placed on the sit~ and a concept da~tch will I~ pre~nt~ at the h~'ing. Rapid Oil do~ not de.~ire to prepare detailed ~i.t~ and building plans until the environmental audit~ ar~ completed. Staff anficipatea receiving a r~vi.~l purcha.~ agr~ment from Valvoline prior to the hearing and said agreement-will make the ~le of the prol~rty subject to Sl~cific conditions. The enclo~! resolution anthoriz~.~ the ~1¢ of the City-owned prol~ at 730fi 42nd Avenue North to Valvoline Rapid Oil and staff recommends approval of thc re.~olution, subj~t to review/approval of the purcha~ agreement. MOTION B~ r~ ~, ~; ',-' R~ew: Admm.~tratton: Finance:' RFA-O01 1 HRA RESOLUTION NO. 92- 05 RESOLUTION AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY AT 7305 42ND AVENUE NORTH (//492) BE IT RESOLVED by the Housing and Redevelopment Authority of the City of New Hope as fo13ows: WHEREAS, the Housing and Redevelopment Authority in and for the City of New Hope (hereinafter HRA) is fee owner of certain rea3 estate known as 7305 42nd Avenue North, 3ocated in the City of New Hope, County of Hennepin, State of Minnesota, legally described as (hereinafter Property): North 125 feet of Lots 3 and 4, Block 6, Rockford Park, according to the plat thereof on fi3e or of record in the office of the Register of Deeds in and for said County, and WHEREAS, the HRA is cOnsidering the sa~e of the Property to Va3vo3ine Instant Oi3 Change, Inc., on such terms and conditions as are set forth in the attached Contract to Purchase, and WHEREAS, notice of a public hearing to consider such sale has been published in the official City newspaper, and WHEREAS, the HRA has determined that said sale wi~ conform to the requirements of Minn. Stat., Section 469.OO1 through 469.047, wi~l conform to and be in furtherance of Redevelopment P3an 85-2 covering the Property, and be in the best interest of the City and its peop~ e. NOW, THEREFORE, BE IT RESOLVED by t he Housing and Redevelopment Authority of the City of New Hope as follows: 1. That the above recita3s are incorporated by reference. 2. That the attached Contract to Purchase to se~3 the Property to Va3vo3ine Instant Oi3 Change, Inc. is approved, and the HRA officers and staff are directed to sign said Contract to Purchase and take such other actions as are necessary to implement and complete said .sa1 e. Adopted by the City Council this 1_4th day of December , :~'~//~/~/~(.~-P~/~/.,/~../.~C~ Erickson, Chairman Attest Daniel ~. Donahue, E~'~cutive Director ~EC-- 11--92 FR I 1 ~ : 00 CORR I CK ~ SON~RALL P. 02 December 11, 1992 Mr. Dante1 d. Oonahue Executive Director, HRA City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: ?305 42nd Avenue North Our File No: ~9,1109a Dear Dan: Enclosed you will find four copies of a Contract to Purchase between the HRA and Valvoline Znstant Oil Change, Zno. concerning property at 7305 42nd Avenue North. The Contract to Purchase has been amended from the earlier addition by the following: 1, Language has been eliminated which required the HRA to pay for tho installation' to tho property line of any utility services needed for development of the property, 2. Valvoline Instant O41 Change, lac, will pay for the cost of an accurate survey of the property, estimated at approximately $2,500. See section 4(it), 3. An exception has been made to the City's obligation to indemnify Valvoline for any activities occurring at the property prior to closing, The City will not have to indemnify Valvoline for any.negligence or willful misconduct of Valvoline, See section 6(b). You should also note that section 5(b) contains an ~ndemnificatton clause in favor of the City for any losses, damages and the 11Re arising out of Valvoltne's presence on or use of the property for their soil and other testing at tho site. 4. Exhibit B to the Purchase Agreement contatns a condition making the purohaae contingent upon Valvoltne'e ability to conclude an ~ngress/egress and cross access easement with All Stap Sports, including maintenance and insurance costs. ~EC-- 11 --92 FR I 12 : 0 I CORR I CK Mr, Dante1J, Don&hue December 11, 1992 Page 2 5. We added language on Exhibit B to preserve for the HRA the easements which would otherwise have been obtained as part of the 42nd Avenue Street Improvement Project. Stncs the City purchased this property during the condemnatton~ the easements themselves were never obtained as part of that condemnation actton. By reserving those easements in the deed given at the closing of this sale, the City will end up with the same easement rights as it now holds for the other properties involved in that project, 8. A final additton to Exhibit B contains a restriction on the uae of the property as required by Minn~ Stat, ~469.'029. The purchaser is required to carry out the redevelopment plan and use the property accordingly. The Contract to Purchase in its present form ~s an acceptable and appropriate document by which the HRA can sell the property, Also enclosed you will find a copy of a cover letter to W~lltam Madden returning the executed copies of the Entry Agreement, as well am letter to Kirk with the Resolution Authorizing the Sale. Please contact me if you have any questions, S~ncerely, Martin P. Malecha s3f2 Enclosures cc: Kirk MCDOna~d~ Management Asst. Va~er~e Leone, City Clerk Steven A, Sondra11~ Esq, E5 Series RUUD Up/Down Cutoff The optics provide controlled up- L IG HTI NG light and downlight with side cutoff, The same optics are also available for vertical mounting; add suffix "V" to catalog number. E8 Series Deep Shielded Front brightness shielding is provided without sacrificing wide light distribution. It is ideal over entrances. NOTE: To allow operation with higher wattages, fixtures shown with suffix "K' am supplied with a KAMAX® lens material. This mate- rial is not as vandal resistant as polycarbonate. Suffix "G" is sup~ plied with a glass lens insert to allow operation in the wall- mounted position. Wattage/' Catalog Mounting ~Z~,~/~ Up/Down Cutoff Deep Shielded Description Lamp Type Number Position ~22.,,~. 70W HPS, 10' mounting height. 70W HPS, 20' mounting height. Up/Down Culoff 50W MH E5405-DG Wall 70W MH ES407-DGK Wall .¢" f~O,¢' "°' 35W HPS E5503-1 Any -¢',5'.,¢ , 50W HPS E5505-1 Any 70W HPS E5507-1GK Wall Deep Shielded 50W MH E8405-D Wall Downlight 70W MH E8407-D Wall Downlight 100W MH E8410-DK Wall Downlight ..¢'~,~ 35W HPS E8503-1 Any 50W HPS E8505-1 Any 70W HPS E8507-1 Wall Downlight 100W HPS E8510-1 Wall Downlight Note:Suffix "G" indicates glass lens inserl is supplied. Suffix "K" indicates KAMAX® lens is supplied. Voltage Suffix Key: (Available voltages are listed under OPTIONS) 1=120V 2=277'V 3=208V 4=240V 6=347V D = Dual-tap: In U.S. 120/277V; In Canada 50W MH = 120/277V; 70W MH = 120/347V Options: (factory-installed) Change Add After Description Suffix To Suffix 208V ballast (HPS only) 3 240V ballast (HPS only) 4 ,.¢"t¢ ~ 0 1 2 3 4 5 I , 2 3 4 277V ballast * 2 ..¢"~' ~ Distance Irp Units Of Mounlinn Heinht Distaflce In Units Of Mountino Heioht 347V ballast * 6 ..¢¢'(5 Mounting Mulipliers Mounting Mulipliers High Power Factor ballast H ,-¢',~ Height (ft.) Multiplier Height (ft.) Multiplier Photocell voltage suffix P .-¢'~ ~- 7' 2,04 10' 4,00 Bronze Color Shroud BS -¢*'¢ 8' 1.56 12.5' 2.58 Gold Color Shroud GS -¢'¢ 9' 1.23 15' 1.78 Vertical Mounting (E5 Series only) V ,.¢'/¢ 10' 1.00 20' 1.00 Tarnperproof Lens Fasteners J ,~ 12' 0.69 30' 0.44 · NOTE: This option is available lot High Pressure Sodium only; Metal Halide fixtures 15' 0.44 35' 0.33 are standard with a dual-tap ballast (see Voltage Suffix Key above). 20' 0.25 40' 0.25 Accessories: (field-installed) ~"r.~ Description Catalog Number Surface Mounting Box (pictured on page 19) ESB-7 , Pole Mounting Bracket (pictured on page 19) PAS-7 Tamperproof Screwdriver TPS-1 -¢'/~ Lamp included wilh fixture. SAVE 35-50% EVERY DAY ~ when you buy direct from Ruud Lighling! .a ff Floodlight CF Series Housing Lamps The seamless, die cast aluminum The 12" square housing accommo- housing is standard with a medium dates 50, 70, 100 or 175W MH bronze acrylic powder finish, and 35, 50, 70, 100 or 150W HPS '"'~-'~ Three sizes: 12" square x 5" deep, lamps. The 16" square housing 16" square x 6.5" deep and accommodates 175, 250 or 400W ,~. 22" square x 9" deep. MH and 250 or 400W HPS lamps. The 22" square housing accommo- Optics dates lO00W MH or HPS lamps. This cutoff lumi~aire has an optical system specifically designed to Gasketing assure maximum main beam pro- Complete silicone gasketing around jection, while minimizing spill light, lens frame and at mounting provide It is generally positioned with a 15° a watertight seal. to 25° vertical tilt to reduce glare and obtain optimum performance. Labels The Cutoff Floodlight is U.L. listed Lens for wet locations and OSA certified. A clear, tempered glass lens is held securely in a recessed, die cast door frame. The lens frame is supplied with mounting holes for field-installed accessories, such as the Wire Guard, Backlight Shield or Polycarbonate Vandal Shield. Please refer to page 39 for details on these accessories. Housing Wattage Fixture # jZ3ce./~.,¢~./¢ Mounting Code ~,'r~./~¢ Size (sq.) Lamp (w,mo~ mounting) ~Z~,r.~ (Insert Code at* in Fixture #) ,...¢,~¢.g~ Ballast 12" 50W MH MCF_*405-D ..¢'/'~ 3 = 2" Adjustable Fitter .,¢'[6 All fixtures are standard with a 12" 70WMH MCF_*407-D .¢'1~'¢ 4=YokeMount -¢"~ high power factor ballast. The 12" lOOW MH MCF_*410-D ,,¢'~'~'6 5 = Fixed 20' Mount ,,~"~ 35W HPS fixture is standard with to Fixture 12" 175W MH MCF*417-M .¢'/~ 6 = 1/2" Adjustable Fitter .,~'~' a 120V ballast, The 50, 70 and \ 16" 175W MH CF_*417~M ,~,~,~" (1/2'Adj. Rtter foruseon 12' housing only) 100W MH and 50W HPS are t6" 250W MH CF_*425~M .¢'/$E standard with a dual-tap batlast The main beam is 50" above a line 16" 400W MH CF_*440-M .¢7¢0 (in U.S.: 120/277V; in Canada: perpendicular to the face of the fixture. 22" IO00W MH CF_*499-M -¢'252 ,~'~,/,f.~ ~~,/ 50W MH=120/277V; 50W HPS, 12" 35W HPS ~CF'503-I .¢'~ 70W and IOOW MH=120/347V). 12" 50W HPS MCF_*505-D .¢'I0¢ All other wattages are standard 12" 70w HPS MCF*507-M ,.¢'~ with a multNap ballast (120/208/ 12" 100W HPS MCF_*510-M .¢'/~ 240/277V). Ballast options include: 12" 150w HPS MCF*515-M -¢'//~ 120V Reactor ballast for 50 thru 16" 25ow HPS CF_*525-M .¢7'¢'¢ 150W HPS. 480V for 175 thru 16" 40ow HPS CF_*540-M .¢'A5'2 1000W MH and 70 thru 1000W 22" lOOOW HPS CF_*599-M -¢'2~ HPS. Tri~tap (120/277/347V) for 175 thru 1000W MH and Options: (lact0ry-installed) Change Add After ~,,~ 70 thru 1000W HPS. Description Suffix To Suffix 120V Reactor ballast (50-150w HPS only) 1 .~'~ ~ 480V ballast Czs-~ooow MU & 70-100ow HPS only) 5 ~ ~,~,~ Tri-tap ballast tr ~5w-~oeow MH & 70~1000W HPS or~ly)]' ~ ¢~ Single Fuse (for 120V, Dual-tap or Tri-tap) F Dual Fuse (for 480V or Multi-tap) F Quartz Standby (includes Q Lamp) Q ,,~ Photocell: Voltage Suffix Key: (Available voltages are lisled under OPTIONS) Button Photocell 1=120V 2=277V 3=208V 4=240V 5=480V 6=347V Factory-installed with all mountings other than 2" Adjustable Fitter D = Dual-tap: In U.S. 120/277V; In Canada 50W MH=120/277V; 50W HPS, 70-100W MH=120/347V (except: 1000W w/120V; all 480V) voltage suffix p .,~.~,~ T = Tri-tap: 120/277/347V (175-1000W MH & 70~1000W HPS) External Photocell (factory installed) M = Multi-tap: 120/208/240f2??V (175-1000W MH & 70~1000W HPS) For fixtures w/1000W, 120V 1 P For fixtures w/480V 5 P ..~,'~ Accessories: (field-installed) (pictured on page 39) Button Photocell Catalog # 12" housing ~Z~,/z.;~_. 16" housing ~Z:),?.¢.~.~ 22" housing Field-installed in fixtures with 2" Adjustable Fitter Wire Guard FWG-12 ..¢'/~ FWG-16 .,~'/~ not available For fixtures w/120V (except 1000W) PC-41/t000VA ..~'~ Backlight Shield SBL-12 .¢"~ SBL-16 .~ SBL-22 For fixtures w/208, 240 or 277V PC-42/1000VA ..p4,.~ Polycarbonate For fixtures w/347V PC*46/1000VA ..~"~ Vandal Shield Ls-r2 .¢"/~ LS-16 ..~'/6 LS-22 GUARANTEED SATISFACTION! 24 Lamp included with fixture. All Ruud lights come with a 1 -year quality guarantee! TO MATCH: GLOSS BLACK RED PMS~Jl 0320 PMS PROCESS BLUE 9' RADIUS VINYL CORNER~ PIQS~ 281 BLUE ~Ms# 2~ aLU[ ~.:/~/,~ RED PMSjl 032C FIELD WHITE COPY COPY PMS~ 281 BLUE -'-- / £Lr'VAT~DN AND SIDE VIEW' 4' CAI= PANT TO ~A'rcH [ , ......... ~ ._ PA~ TO ~ATCH II ~ EXI°. JOIN? (T¥1~. AI~:::)UND 4"$ COL.) ~" E~. JOINT REVISED PLANS I CONCRETE ENTER iSlAND COUNTY ROAD NO. 9 ( 4-2 nd AVENUE NO. ) E:x~'r. couc. ..... W PROPOSED o N 88'5~'44" W 110.09 - R=5571.60 L'9'66 ~'~ 41 1/2 AVENUE NORTH CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-09 Request: Request for Site/Building Plan Review/Approval for a Warehouse Addition and a Variance to Green Area Requirement in I-1 Limited Industrial District Location: 5001 Boone Avenue North PID No: 07-118-21-24-0001 Zoning: I-1 (Limited Industrial) Petitioner: Lakeside Industries, Inc. Report Date: April 2, 1993 Meeting Date: April 6, 1993 BACKGROUND 1. The petitioner is requesting site and building plan review/approval for the construction of a warehouse addition and a variance to the I-1 Zoning DiStrict Green Area Requiremem, pursuant to Sections 4.039A and 4.144(10)A of the New Hope Code of Ordinances. 2. Lakeside Ltd, Inc. is proposing to construct a 30,000 square foot warehouse addition to the rear of the existing facility and remodel existing interior office space to accommodate company growth and increased employment. 3. Existing and proposed site information is as follows: Site Area - 353,336 square feet, 8.11 acres Building Area - Existing - 78,920 square feet Addition - 30~000 square feet Total - 108,920 square feet, 2.5 acres, 30.83% Paving & Walks Area Existing - 74,591 square feet Addition - 52,217 square feet Total - 126,808 square feet, 2.91 acres, 35.88% Green Area 117,608 square feet, 2.70 acres, 33.29% Off-Street Parking - Required - Office at 3 - 5/1000 84 Warehouse at 1/1000 - 28 Production at 1/350 - 175 Total - 287 Provided- Accessible - 6 Regular - 246 Total - 252 Proof of Parking Regular - 35 4. The City Code states that for all Limited Industrial uses not less than 35 % of the lot shall remain as a grass plot, including shrubbery, plantings, etc. The proposed plan shows that with the new expansion 33.29% of the parcel would contain "green area", thus a 1.71% variance from the 35% green area requirement is needed. 5. Surrounding land uses/zoning include I-1 properties bordering this site on the north/south/west and R-1 Single Family Zoning across Boone Avenue to the east. This site was zoned industrial until 1961, at which time it was rezoned to I-1 Limited Industrial. 6. General comments from the Comprehensive Plan on this district stress the need for safe traffic flows, including trucking, and buffers between uses. Planning Case Report 93-09 April 6, 1993 Page -2- 7. The existing building was constructed in 1966 and although there have been periodic interior remodeling/upgrades, this will be the first major addition. 8. The topography of the site is one of the highest elevations in the City (930) and this property has 35ofoot grade changes sloping from the front (east) to the rear (west) with a wetlands/pond location behind the site. Existing landscaping in front of the building is nominal. 9. Property owners within 350' of the request have been notified and staff has received no comments on this request. ANALYSIS Variance 1. The purpose of a variance is to permit relief from strict application of the zoning code where undue hardships prevent reasonable use of property and where circumstances are unique to the property. A hardship may exist by reason of narrowness, shallowness, or shape of Property or because of exceptional, topographic or water conditions. The hardship cannot be created by the property owner and if the variance is granted, it should not alter the essential character of the neighborhoOd or unreasonably diminish or impair property values in the neighborhood. 2. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. 3. Additional criteria to be used in considering reqL~.~ts for a variance includes the following and the Planning Commission/City Council shall make findings that the proposed action will not: A. Consistent With Purpose of Variance. Be contrary to the purposes of a variance. B. Light and Air. Impair an adequate supply of light and air to adjacent property. C. Street Connections. Unreasonably increase the congestion in the public street. D. Public Safety. Increase the danger of fire or endanger the public safety. E. Property Values. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to intent of City Code. 4. Staff finds that the requested green area variance is minimal and that the granting of the variance will not unreasonably diminish property values. The unusual topography of the site could be considered as a hardship. Staff does recommend that if the variance is granted that additional landscaping be required along the east street frontage and on the south side. Codes & Standards is studying the "35% green area" requirement at this time and will be coming back to the Commission with a recommendation in May. Site/Building Plan Review 5. The proposal is to add a 30,000 square foot warehouse addition to the west/rear of the existing office warehouse. The exterior will be painted precast concrete panels with rake finish with pre finished metal flashing. The existing building is block, thus although the finished surface textures will not match, color will. 6. Public utility improvements will include a new 8-inch watermain from Boone Avenue to serve 3 new hydrants on the south side of the building and a new storm water drainage system with pond, outlet, and riprap before water discharges into DNR wetland to the west (plan to be approved by the Shingle Creek Watershed Commission). --Planning Case Report 93-09 _ April 6, 1993 Page -3- 7. The plan includes a new 14' retaining wall with railing and seeded slope on the south property line. The wall needs to be shifted a minimum of 5 feet from the property line and be designed by a structural engineer (see letter attached from City Engineer). 8. The new addition will include 4 overhead doors on the south and one of the major improvements will result from shifting trucking operations 300 feet west of the current location, which will provide more safety and aaequate maneuvering space. 9. Another major improvement will be the addition of a new parking lot in the rear of the building to address current on-street parking problems. Revised plans should show 261 spaces, which will meet City Code requirements. One of the main issues discussed at Design & Review was access/walkway from the new parking lot to the building. 10. Concrete curb and gutter will be installed around all new bituminous area. Staff has requested that curbing also be installed along the entire south side of parking area due to continuing erosion. Minor modifications were also requested on truck curb limits at Design & Review. RECOMMENDATION Staff recommends approval of the Site/Building Plan Review and minor green area variance, subject to the following conditions: 1. Plans to be signed by architect, 2. Enlarge trucking curb limits, per Design & Review, 3. Installation of curbing along entire south side to control erosion, 4. Installation of safe pedestrian route from lower lot up hill to center of building, such as steps/sidewalk, 5. Additional landscaping along east street frontage ac~d soath side, 6. Retaining wall to be shifted a minimum of 5 feet from south lot line and design to be by structural engineer, including top guardrail, 7. Provision of "sleeve & T" type watermain connection, not "wet tap", 8. Drainage plan to be approved by Shingle Creek Watershed Commission, 9. New plans to be submitted if employee numbers exceed 261, 10. SnOw storage area to be denoted on plan. Attachments: Section/Topo/Zoning Maps Site Plan Grading/Utility Plan Floor Plan Elevations Survey City Engineer Letter Revised Plans (received 3/29/93~ CENTER RO ,;4 ~',~ , HOSTERM&N JR HIGH SCHOOL' PUBLIC ~%~% ~% WORKS 54 TH. AVE. ER & SAULT SAINT8 MARl( RAILROAO AVE. ~I~H SCHOOL H~RO B~O NEW ~ 913.1 ~ 927.4 x 927.4 X x 911 .4 911 .4 X X X 894.9 EW HOPE THLETIC NY'Id A.LI'I LLFI Rosene Marvin L. Sorvala. PE Richard W Foster. PE Thomas VV Peterson, PE Karen L v~emer!. PE q~ AS~OC:lates Thomas E Noyes, RE. Jerry A. Bourdon. RE. Jerry D Pertz,ch. PE. Kc,th ~ Yapp. PE Ander!ik & ,o~,~ G. ~:hunich[. PE. Mark A Hanson. PE Kenne[hRAn,erson. PE. Dou~Jas J ,enoff. PE Susan M Eberlin. CPA Michael T Rautmann, PE. Mark R. Rolls, RE. Sh~vn D. GustafSOnr PE *Senior Consultant Ted K, Field, PE Mark A Seip, PE. Cecllio Oliv~er. PE Engineers & Architects ;ona~ c. Burgardt, PE.Daniel J Edge~on, RE.Leo M Pawe!sl(y Thomas E. Angus. RE Allan ~ick Schm~dt, PE Harlan M Olson Ismael Martlnez, RE Philip J. Caswell. REJames F Engelhardt March 17, 1993 City of New Hope 4401 Xylon Avenue N. New Hope, NM 55428 ~ I 8 1993 Attention: Mr. Doug Sandsted .............. Re: Lakeside LTD - 5001 Boone Avenue Our file 34-ge, Dear Doug: We have reviewed the above site plan and recommend the following: - The retaining wall proposed along the south property line appears to be 14' high in certain locations. In addition, a 3:1 slope is proposed from top of wall to the parking lot. Due to the size of wall and its location, the wall must be designed in accordance with engineering standards and a drawing prepared signed be a registered engineer. It should be noted the existing wall on the property to the south located east of this location has failed. A B612 concrete curb shall be constructed around the entire perimeter of the existing and proposed bituminous parking area. The concrete curb will collect and convey runoff to the proposed po,ding area. The ponding area shall be designed in accordance with Shingle Creek Watershed to provide water quality treatment for a 2" rainfall event. The plan must be reviewed and approved by the Shingle Creek Watershed because it abuts a DNR wetland. The water connection in Boone Avenue shall be coordinated with Guy Johnson at New Hope Public Works. Public works will determine if a wet tap is acceptable over a cut-in. Testing and treatment of the water line shall be done in accordance with City requirements. Boone Avenue shall be repaired immediately following the connection. If you have any questions please feel free to contact me at this office. Yours very truly, BONI?TROO, R/OSENE, ANDERLIK & ASSOCIATES, INC. Mark'-Hanson MH:Ik 2335 ~Vest Highway 36 · St. Paul, MN 55113 · 612-636-4600 Opus Corporation · OPUS, 800 Opus Center Mailing Address 9900 Bren Road East F~0. Box 150 Minnetonka, MinnesoTa 55343-9600 Minneapolis, Minnesota 55440-0150 612-936-4444 Fax 612-936-4529 March 26, 1993 City of New Hope Planning Commission MAR 2 9 1993 4401 Xylon Avenue North New Hope, MN 55428 ............... RE: Lakeside Ltd. 5001 Boone Avenue North New Hope, MN 55428 Planning Commission Members: Attached is our resubmittal of the following supporting documentation for our March 12, 1993 Application for Site and Building Plan Review: · Eight (8) sets of blueprints · One (1) set of 8-1/2xll reductions · One (1) set of 8-1/2x 11 transparencies · Eight (8) current lot surveys with legal description Included are revisions as follow to address the issues raised on March 18, 1993 by the Design and Review Committee: 1. The water main connection to be "sleeve and t". 2. The retaining wall has been relocated to 5' from the lot line and will be an engineered wall. A chain link fence railing will be provided along the length of the wall. 3. The ponding area has been enlarged to allow water quality treatment for 2" rainfall event. 4. Significant landscaping has been added to the Boone Avenue boulevard area. The hill adjacent to the ball field has been left open for mowing to allow foul balls to be easily located, as requested by the Park. 5. Curbing has been added to the south side of the existing south parking lot as requested to prevent drainage down the hill to the south. The existing 5' setback of the parking has not been modified due to the need to maintain an adequate track access to the new dock area along with the desire to preserve existing parking stalls adjacent to the building. 6. A sidewalk for pedestrians has been added adjacent to the driveway access to the lower parking lot. 7. A diagram has been added to illustrate the anticipated truck maneuvering wheel pattern at the two end dock doors. 8. Snow storage areas totaling 10,% of the tt, tal asphalt area have been indicated. Opus Corporation is an affiliate of the Opus group of companies -- Architects, Contractors, Developers Austin, Chicago, Dallas, Denver, Houston; Milwaukee, Minneapolis, Pensacola, Phoenix, Seattle, Tampa OPUS, City of New Hope Planning Commission March 26, 1993 Page 2 Although the drawings currently indicate a .5 footcandle lighting level in the parking area, we will be providing the 1 footcandle level requested by Mr. Sandstad. Please call if you have questions or will need additional information in order to consider this application at the Planning Commission Hearing on April 6, 1993. Sincerely, Ot JS CORPORATION Pr~ ect anager LD/dh cc: Mr. Bill Foumier - Lakeside, Ltd. SITE INFORMATION SITE PLAN/LANDSCAPE PLAN / ~ ',,~ S~ IN~X TRUCK MANEUVERING DIAGRAM A3 EXTE~ E~ATI~S REVISED PLANS MAR 2 9 !993 ..... ~,, ~,~- . ,,, , .-~>_. ~ . .. · ..... ,~'~~ ,', ~ .... ,~ ". . . -, / . , ,,~,~ .. ......... ~ ~ ...... MAR 2 9 CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-10 Request: Request for Conditional Use Permit to Allow a Home Occupation (Sales of Fasteners and Equipment Repair) Location: 3732 Flag Avenue North PID No: 18-118-21-34-0010 Zoning: R-1 (Single Family Residential) Petitioner: Robert Cairns Report Date: April 2, 1993 Meeting Date: April 6, 1993 BACKGROUND 1. The petitioner is requesting a conditional use permit to allow a home occupation, pursuant to Section 4:038 of the New Hope Code. 2. The petitioner currently operates "R.C.Fasteners", a business which services residential builders in the field. The garage is used for the repair of small tools and for the storage of fasteners (nails, staples, etc.). 3. This application was iflitiated as a result of a complaint the City receive in mid-January about a business in the home selling and storing assorted fasteners and repairing compressors. A letter was sent from the City of 1/26/93 to contact the owner and the attached "Home Occupation Affidavit" was received from the property owner. The City indicated that a conditional use permit was necessary. 4. The Affidavit indicates that there are no employees who are not family members, no signage on the property, and that the business is not visible to the neighborhood. 5. The petitioner also indicates that there are no sales on the premises or vehicles coming to the house because of the business, but staff feels that this may be understated. The petitioner has not provided any sketch, as of this date, as to the square footage area of the home/garage utilized for the business. 6. The property is surrounded by "R-1" single family homes on the north/east/south/west. 7. The property contains approximately 10,000 square feet and the existing structure meets all setback requirements. There is a 24' x 24' detached garage located on the property. 8. The topography of this site slopes from the south downhill towards the north side. 9. Property owners within 350' of the request have been notified and staff has received no comments on the request other than a repeated call from the original complainant. ANALYSIS 1. The regulation of home occupations within residential structures is intended to'insure that the occupational use is clearly accessory or secondary to the principal dwelling use and that compatibility with surrounding residential uses is maintained. Planning Case Report 93-10 April 6, 1993 Page -2- 2. For purposes of the City Code, home occupations are del'reed to distinguish between "permitted home occupations" and conditionally permitted home occupations". All home occupations which satisfy the "permitted home occupation: criteria shall be considered as a permitted accessory use in all residential zoning districts. Home occupations which fail to satisfy the permitted home occupation criteria, shall require a conditional use permit and may be located in any residential zoning district based upon conditions set forth in the approved conditional use permit. 3. Permitted Home Occupations. Home occupations which meet the following criteria: A. Structural Changes. Businesses which require no interior or exterior changes necessary to conduct the business; which are conducted within a principal building; and which require no mechanical or electrical equipment not customarily found in a home. B. Traffic. Businesses which do no significantly alter the traffic pattern of the neighborhood. C. Employees. Businesses which do not require employees other than those living on the premises. D. Area Permitted. Businesses which require no more than twenty (20) percent of the gross floor area of a dwelling, not to exceed three hundred square feet including accessory building. E. Sales on Premises. Businesses which are not involved in direct sales on the premises except as may be conducted through the use of the U.S.Mall or by taking and ordering delivery of orders by telephone. 4. Conditional Use Permit. Conditionally permitted home occupations shall consist of those home occupations which do not meet all of the provisions of #3 above. Said home occupation may be granted a conditional use permit provided that: A. Adverse Effect on Neighborhood. The City Council shall find that all business related activity occurring on the premises shall not cause any adverse changes to the residential character of the neighborhood. B. Screening of Exterior Changes. The City Council shall find that any exterior changes necessary to conduct the business are sufficiently screened, properly designed, or separated by distance so as to be consistent with existing adjacent residential uses and compatible with the residential occupancy. C. Interior Changes. The City Council shall f'md that any interior changers necessary to conduct the business comply with all building, electrical, mechanical, and fire codes governing the use of the residential property. D. Traffic. The City Council shall find that the traffic generated by the business involves only vehicles of the type that typically service single family residences and that such traffic constitutes neither a nuisance nor a safety hazard. 5. Staff finds that this home occupation is conditionally permitted because provisions 3B and 3E of Permitted Home Occupations (sales and traffic) are not met. Planning Case Report 93-10 April 6, 1993 Page -3- 6. Other general criteria to be considered when determining whether to approve or deny a conditional permit include: A. Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Municipal Plan of the City. B. Compatibili _ty. The proposed use is compatible with its adjacent land uses. C. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. E. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: In Residential Districts (R-I, R-2, R-3, R-4, R-5, R-O): 1. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting business of industrial uses leading directly to thoroughfares, and not onto minor residential streets. 2. Screening. The proposed use will be sufficiently separated by diStance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. 3. Compatible Appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. 7. Staff f'mds that the answers on the Home Occupation Affidavit are incomplete and that specific answers are needed from the owner explaining the exact nature/operation of the business, including sales, traffic to the home, space used for business, hours of operation, etc. If these issues can be adequately addressed prior to or at the Planning Commission meeting, then perhaps an approval with specific conditions can be recommended. Otherwise staff recommends tabling this case until further information is forthcoming from the owner. 8. It should be noted that the complainant may not be a neighbor, but a business competitor. RECOMMENDATION Staff recommends tabling this request unless the owner provides more specific information to the staff prior to or at the Planning Commission meeting. Attachments: Section/Topo/Zoning Maps Lot Survey Correspondence Home Occupation Affidavit WAY SONNESYN ELEMENTARY,, SCHOOL X 905.6 :94.7 909 930.7 0 900.9 43 944.2X II I_ ---------- NOItIrHwooo PAI~K NOIIT#WOO0 PARK NON?HWOOO ST. ~PN'I CATHOLIC CHUIICN SONIIIESYN ELEMENTAllY SCHOOl. cn HIOO~N VALLLIY Ill, IlK 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5100 FAX (612) 531-51 March 10, 19~3 Robert Cairns 3732 Flag Ave. No. New Hope, M~ 55427 Dear Mr. Roberts, I notified you by mail on 1-29-93 that the home business you des- cribed in the Home Occupation Affidavit did not meet all of the city code rules for such a use. You were advised to apply for a "CUP" on forms that I provided, unless you brought your use of the 'property into compliance. I. am continuing to receive complaints that suggest the business continues. You must submit an application to the Planning Commission for a "CUP" by 3-15-93, including a plan illustrating the business on the site and $75 fee, or submit evidence and arrange for my inspection of the premises to verify that no business exists by 3-15-93. I have stopped by twice and found no one at home, during the day. Thanks, in advance, for your cooperation. Call me, at 531-5122, if you have any questions. Douglas C. Smith Director of Fire & Safety B~lding Official/Zoning Administrator cc: file Family Styled City ~ For Family Livin8 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5100 FAX (612) -531-5! 7- January 26, 1993 Robert Cairns 3732 Flag Ave. No. Dear Mr. Roberts, I received a complaint about a possible zoning ordinance problem at your property that we need to discuss. Apparently, some one is under the impression that you may be operating a business in the home that does not meet our city code standards for such a business. They claimed that you were selling nails, staples and tools, in addition to repairing compressors etc. I drove by the site, today, and found no obvious problem, however. Please call me to discuss the matter, at 531-5122. In addition, if any business is conducted within the home,you should complete the attached "Affidavit" and mail to me for review, per our city policy. Even those businesses which are not routinely "permitted" in a residential area have the option of applying for a "Conditional Use Permit" for special permission which the City Council may grant. Thanks, in advance, for your cooperation. Douglas C. Smith, Director of Fire & Safety Building Official/Zoni g Administrator cc: file attachment Family Styled City ~ For Family Living i'~' JAN 2 9 1993 ROliB OCCUPA~ZON AI~'PZD&VZT ~ o~ New Rope ~ ~he home that I .occupy a~ 37~2 ~ ~ ~*- . The name of =he ~usiness is ~& ~~~X and ay descri~=ion Comglete ~he following ~es~ions, ~ ana ~ ~his rom aha mail or deliver =o= Zoning A~inistrator, City of New Hope, 4401 Avenue No~h, New Ho~e, ~ 55428. A. Is ghis business re~lated by a County, State or Federal ~lease a~ach a copy of ~he a~pro~riate license or ce~ificate. B. Will any changes to the building be planned or re~ired? E~lain. C. Are there any employees or "helpers" who are not family members, but may be present? Explain. D. Will any sales occur on the premises other than by telephone or mail? Explain. ~/~) E. Will any customers or vehicles (including cars and trucks) come to your home because of this business? Explain. ~/,~ (over) 602 (1/90) F. H y square feet or area will this business take up i~ your h~me? A;o~/~/ , ,, What floor/s ar.e involved? ~ --~/ , , I~age-~r storage building used? G. Indicate if it is your desire to install a sign on the outside of the home. ~/0 H. Will this business be visible in any way? Explain. ~/~ Signature ~,~~~ Phone: ~-3~-- Name: (printed)_~~~ ~. ~¢L/'~'.~' .Date:, /-2~-~3 Office Use Only: Date Received~~f3 Review Completed ~ CONCISION: STAFF APPRO~D ~D~I~ with following e~lanation: a "Pe~$tted" Use in a resident~al area. You have the right t~ a99]~ ~ov on the attache~o~, w~th f~es and plans. Call me a "CondStional Use Pe~$~" to discuss, if you want to ile. Z~i~g A~inistra~or 6ate 5~-5122 cc: City Manager Manag~en~ Assistant/ Co~ity ~velopment Coordinator Prope~y File CITY OF NEW HOPE MEMORANDUM DATE: March 30, 1993 TO: Planning Commission Members FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Miscellaneous Issues 1. March 8th City Council Meeting The City Council approved the two March Planning Commission cases at their March 8th meeting, per the recommendations of the Commission. These included Case 93-04, Comprehensive Sign Plan Approval for the multi-tenant building at 2720 Nevada Avenue North, and Case 93-05, Conditional Use Permit to Allow a Home Occupation Jewelry Business at 8232 46-1/2 Avenue North. 2. Apartment Conversions At the March 22nd Council meeting the City Council considered/approved the Ordinance Amending Performance Standards Regulating Alterations, Open Space, and Unit Type for Multiple Family Dwellings, as recommended by the Commission. There were no apartment owners/managers in attendance at the meeting that spoke on this issue. Per your direction, the ordinance was revised after the Planning Commission meeting to address the "non-contiguous recreation area" issue. A copy of the ordinance in final form is attached for your information. Note that the last section of the ordinance rescinds the moratorium and the ordinance will be effective upon publication. The Council expressed thanks to the Commission for your work on the issue. 3. Gethsemane Cemetery The two-year conditional use permit for the temporary sales office at Gethsemane Cemetery will expire this spring/summer. Cemetery officials have recently met with City staff and indicated that they have developed a master plan for the cemetery property. They have decided to proceed with the construction of the mausoleum and office this fall and will be requesting a short extension on their CUP from the City Council to provide adequate time to develop final building plans to be presented to the Planning Commission. 4. Green Area Study The Planning Consultant has prepared a report on the 35% green area requirement in the I-1 Limited Industrial Zoning District and the Codes & Standards Committee met to discuss this issue on March 17th. The Committee did not make any final decisions and has requested that staff bring back additional information to another meeting; however, the general consensus of the Committee and staff was that a percentage reduction in green area should be seriously considered. Enclosed is a copy of the Planner's Report for your information. Please take time to review the report, as the Committee would like your input prior to proceeding further with any recommended ordinance changes. Codes & Standards will be meeting on this issue again in April and should have a recommendation available for the May Planning Commission meeting. 5. Design & Review Committee The Design & Review Committee met on March 18th to consider requests/review plans for the following April planning cases: Sunshine Factory Outdoor Dining Rapid Oil Development Lakeside Ltd. Expansion 6. Public Investment/Economic Development The Planning Consultant, Building Official and myself thought you might be interested in reviewing the enclosed article from the American Planning Association on "Economic Development Policy: New Directions for State and Local Governments". Attachments: Final Apartment Conversion Ordinance Green Area Report American Planning Association Article March 5, 1993 Mr. Kirk McDonald Management Assistant City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Ordinance No. 93-01/Amendment to Performance Standards for Multifamily Dwellings Our File No: 99.49301 Dear Kirk: Pursuant to the direction provided by the Planning Commission at its March 2nd, 1993 meeting please find enclosed an amended Ordinance No. 93-01 for consideration at the March 22nd Council meeting. The enclosed Ordinance incorporates the suggestion made by Mr. Leon Fisher which was supported by the staff and the Planning Commission regarding a change to the recreation area regulations in Section 2 of the Ordinance. Said change, incorporated in subdivision 3(c) provides that recreation areas need not be contiguous, This will allow for a developer to accommodate different kinds of recreation area depending on the anticipated tenant mix, i.e. tot lots versus basketball or tennis courts for adolescents or adults. I have also added a new Section 4 to the enclosed Ordinance. This section will repeal the apartment conversion moratorium ordinance. This ordinance automatically terminates April 13th, 1993. Please contact me if you have any further questions. Very truly yours, Steven A. Sondrall slf Enclosure cc: Valerie Leone (w/enc) Baniel J. Donahue (w/eric) A1Brixius (w/enc) ORDINANCE NO. 93-01 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY AMENDING PERFORMANCE STANDARDS REGULATING ALTERATIONS, OPEN SPACE AND UNIT TYPE 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 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 Dwellings. No dwelling may occupy in excess of twenty percent of the lot area on single or two-family dwelling site{. Each -"~'~-~- '--:~" ~ .... '~:-- -:~- h.~' ---t'~- at ~-- ~n+ ~ ~---- -- , ~,, ~..~ , , '''~ b,. Multiple Family Owe~l~n~s. 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 uni~ c. Recreation Areas. Each mu3tiple family buildin~ or complex of two or more buildings containin~ eiRh~ (8) or more dwelling units shall include visually defined or fenced active recreation areas. Sa~a areas need not be contiguous. The size of the recreation area shal~ be determined by multiply~9 the number of dwelling units t~mes 50 square fee~ ~.C~.~S.~ve of _parking or loading areas. Th~5 section shall not apply to R-5 senior citizen c~ Eb~..~.~_~.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 dwellin~ units containing three (3) or more bedrooms in a multiple dwelling containin~ eight (8) or more units shall not exceed forty (40) percent of the total number of apartments within a single building. Section 4. Section 1.56 "Suspension of Residential Apartment Conversions Increasing Bedrooms Per Unit" of the New Hope City Code is hereby repealed in its entirety. Section 5. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1993. Edw. J. Erickson, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the day of , 1993.) i NA Northwest Associated Consultants, Inc. C U R B A NP L A N N I N G DES I G N·M A R K E T R ES E A R C H PLANNING REPORT TO: Kirk McDonald FROM: Alan Brixius DATE: 5 March 1993 RE: ~New Hope - Green Area Ratio FILE NO: 131.00 93.01 INTRODUCTION. Recent development requests within the I-1 Zonin9 District raised a concern over the district's requirement of maintainin9 35 percent of the site for 9reen area. This standard presents Ordinance limitation on site development and/or buildin~ alterations that may result in increased impervious surface on the I-1 site. As a result of these inquiries, the City has directed us to evaluate the I-i ~reen area requirement to determine if an ordinance amendment would be appropriate. In considerin~ a chan~e to the Zoning. Ordinance, this report attempts to outline the original purpose of the existin~ zonin~ standard and then evaluate the standard a~ainst the followin9 criteria: 1. Changin~ conditions within the community. 2. Consistency with the City Comprehensive Plan. 3. Existin~ development condition. 4. Comparison with other City co~ercial and industrial districts. 5.- Survey of adjacent co~fLunities. 6. Variance opportunities. 7. Alternative City performance standards. 5775 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 ISSUES AND ANALYSIS I-1 ZON~N~ DISTR~CT The predominant Industrial Zoning District in New Hope is the "I- l", Limited Industrial Zoning covering 94 of the City's 123 industrial zoned sites. The purpose of the "I-l", Limited Industrial District is to provide for the establishment of industrial development in a well planned, residentially compatible setting. To accomplish this expressed purpose, Section 4.145 of the New Hope Zoning Ordinance establishes the following special performance standards exclusively for the I-1 Zoning District: 4.145 Special R~q~irements for all Limited Industrial Uses. (1) Lot Coverage. Not more than forty Percent of the lot, parcel or track of land shall be covered in a Limited Industry District. (2) Lot Area. In determining the minimum lot area requirement of one acre, the contiguous dedicated streets shall be excluded. (3) Green Area. Not less than thirty-five percent of the lot, parcel or tract of land shall remain as a grass plot, including shrubbery, plantings or fencing, and shall be landscaped. The word "landscaped" means a controlled surface and grade and plantings to allow a smooth surface flow and being under continual maintenance for the preservation of scenic harmony. (4) P~rking Lots. The minimum setback for parking lots shall be twenty feet adjacent to a residential district and ten feet adjacent to a non-residential district. (5) Employee Parking. No parking lot in front of the building shall be used by vehicles of employees. (6) parking Lot ScreeninG. The parking lot in front of the building shall be screened from the street and from adjoining property in the residential district in conformance with the provision of Section 4.033 (3). (7) LandscaDin~ Plans. Detailed landscaping plans shall be - submitted to City Council and approved before a building permit may be obtained. (8) DesiGn Standards - Curb Cuts. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley as well as maneuvering area. Curb cuts shall be placed at intervals of not less than one hundred fifty feet and no curb cut shall be located within seventy-five feet of an intersection, as measured from the driveway centerline along the edge of the traveled surface to the intersecting edge of the traveled surface. The performance standards and most specifically, the green area provision, are intended to: 1. Provide or enhance the aesthetic quality of the I-1 industrial areas. 2. Insure proper setback and screening between industrial development and less intense land uses. 3. Limit impervious surface to reduce the on-site storm water drainage. While the intention of the I-1 special performance standards provide some strong aesthetic benefits, they also serve to limit the usable and buildable areas of the I-1 lots. Provision #1 lot coverage restricts building size to 40 percent of the lot area and provision #3 green area limits the usable area of the lot to 65 percent of the total lot area. For lots at or exceeding these standards, future expansion or building alterations that increase the site's impervious surface are prohibited without a variance. While the benefit of green space is significant, the impact of the I-i green space standard raises the following comments: 1. The current regulation does not dictate the location of the required green area. While the City emphasizes landscaping to screen incompatible land uses, the developer often creates green space area any where on site just to comply with code. Green space and screening between rear yards of industrial sites beyond required setbacks has limited aesthetic or screening effectiveness. 2. According to the City Engineer, the drainage significance of the 35 percentlgreen area ration is minimal. The City's tough parking and site plan review process, erosion control policies and sensitivity to drainage issues exceeds the value of raw green space. CHANGING CONDITIONS Since the 1975 Comprehensive Plan, New Hope has experienced significant infill development to a point of near saturation. In 1987, the New Hope Vacant Land Study identified 14 industrially zoned sites comprising 72.1 total acres. Development since 1987 has consumed seven additional sites and resulted in a total vacant land supply of 45.9 acres. The diminishing land supply reduces the city's opportunities for economic development opportunities through new industrial construction. Maturing communities must rely on the expansion of in-place businesses for new industrial growth. Fixed development and property ownership patterns limit the potential for adding land to a site to permit growth in compliance with 35 percent green area standards. Under these circumstances, the I-1 35 percent green space standard establishes an artificial limit to industrial expansion which may discourage private re-investment on established industrial sites. Without flexibility these businesses may need to relocate outside the City to satisfy their growth needs. COMPREHENSIVE PLAN New Hope has had a strong economic development philosophy as recognized in the following policy statements of the 1975 Comprehensive Plan: Industrial ~oals o Provide for a sound industrial base for the City that will be stable and on-going. o Concentrate industrial development in the existing industrial parks (Science and Industry Center, Olson, Winnetka). o Fully develop existing industrial parks. o Promote continued industrial development in order to create an expanded employment base and opportunity within New Hope. Industrial Pol~el 1. Continue to maintain and expand the City's industrial and commercial tax base to assist in paying for needed services and in reducing tax impact on housing costs. 2. Within economic capabilities, provide those public services and facilities to New Hope industries to help ensure their satisfaction with locating in the community. 3. Promote continued industrial development in existing industrial parks which have direct access to major highways. 4. Encourage the development of compatible, non-industrial activities within industrial parks in order to increase the potential utilization of undeveloped industrial park land. 5. Identify industrial activities complementary to existing activities and promote and facilitate the development of such industries in New Hope. 6. Investigate alternative fiscal incentives to attract new desired types of industries to New Hope. 7. Promote the type of industrial development which maximizes the return on City investments in public facilities and services. 8. Give due consideration to all potential physical implications and services and facility demands (i.e., traffic generation, sewer and water demands, etc.) of any proposed industrial development. These economic development goals and policies were more recently supported by the 1987 New Hope Vacant Land Study Phase II. This study has outlined strategies for promoting the economic development of the vacant industrial sites and for remaining competition with other co~unities in the area of economic development. The City TIF policies promote business growth in the co~,unity through actual public financial assistance. To promote private investment and re-investment, the New Hope Vacant Land Study also recommends the following Zoning Ordinance goals and policies: Goals~ Utilize City codes and ordinance to promote and direct privately initiated development activities on vacant parcel of land in New Hope. New development must meet the modern standards and needs of the co~unity. Policies~ Provisions of' the City Development Ordinances (including zoning, subdivision, signage, etc.) shall be reviewed on a regular basis to ensure its up-to-date status in response to the changing needs of the community. Under the policies of the Comprehensive Plan and the New Hope Vacant Land Study, an ordinance change to promote and encourage private economic development is consistent with the community land use goals. EXISTING CONDITIONS AS part of this study, the City staff inventoried the existing developed industrial sites in New Hope to determine the degree of conformity with the I-1 green area standard (see Exhibit A). There are currently 113 developed properties divided among the two industrial zoning districts in New Hope. Of these, 19 (16.6 percent) are located in the I-2, General Industrial'District and 96 (83 percent) are located in the I-1, Limited Industrial District. As illustrated in Table A, the I-1 site's green area range from 2 to 75 percent. The average green space ratio is 38.6 percent, however, this statistic is deceptive due to the number of sites with a high ratio of green space, which may be reduced with future development. A more pertinent statistic is median ratio of green space of 36.5 percent. Half of the sites fall below this point. Currently, 40 sites fall below 35 percent green space ratio and exist as non-conforming sites. Under Section 4.031 of the New Hope Zoning Ordinance, these sites are not permitted to expand without variance if the degree of nonconformity increases. Twenty-three additional I-1 sites fall into 35 percent to 39 percent green space range. Industrial expansion on these sites may also be limited by the 35 percent green area standard. TABLE A SURVEY OF GREEN SPACE IN INDUSTRIAL SITES IN NEWHOPE Percent Percent Green I-1 I-2 Green I-1 I-2 Area Sites Sites Area Sites Sites 0-4 2 i 40-44 6 3 5-9 i 3 45-49 2 0 10-14 0 4 50-54 8 1 15-19 1 2 55-59 7 0 20-24 10 i 60-64 1 25-29 9 i 65-69 4 0 30-34 17 i 70+ 3 0 35-39 23 i .... TOTAL 94 19 Mean Green Area: I-1 - 38.6% I-2 - 24.1% Median Green Area: I-1 - 36.5% I-2 - 18.8% SOURCE: Aerial Photo Study by Bonestroo, Rosene, Anderlik and Associates with correction by City Staff (2/2/93) .. 6 INDUSTRIAL AND COMMERCIAL DISTRICT STANDARDS The 35 percent green area requirement is exclusive to the I-1 zoning. The City does not impose this standard in the other co~t=~ercial or industrial zoning districts. Table B provides a comparison of development standards in both the I-1 and I-2 Zoning Districts. The I-2 District offers a slightly broader range of uses, but may accommodate development with less restrictive zoning standards. The two zoning districts require the same minimum lot areas, however, the I-1 Zoning District requires a greater lot width and side yard setbacks in addition to the green area and lot coverage standards. TABLE B COMPARISON OF I-1 AND I-2 ZONING PERFORMANCE STANDARDS I-1 I-2 Lot Area 1 acre 1 acre Lot Width' 150 feet 100 feet Setback: 3 stories 3 stories Front 50 feet 50 feet Side 20 feet 10 feet Rear 35 feet 35 feet Building Height 3 stories 3 stories Green Space 35 percent N/A Building Coverage 40 percent N/A SOURCE: New Hope Zoning Ordinance A survey of the I-2 industrial (see Table A) area indicates that these lots average green area of 24 percent and a median green area ratio of 18.8 percent. There appears to be a significant discrepancy i~ the permitted usable area of lots between the existing industrial zoning districts. The New Hope commercial zoning districts do not impose amandatory green area ratio. The New Hope Building Official estimates that the average green area ratio of the commercially zoned sites is approximately 10 percent. OTHE~ CITY PERFORMANCE STANDARDS Aside from the I-1 green area requirement, the New Hope Zoning Ordinance has other zoning performance standards to provide green area, landscaping, and to prevent the over-utilization of the site. This performance standard addresses: 1. Setbacks~ Building Setback (Section 4.034) Front Yard: 50 feet Side Yard: 20 feet Rear Yard: 35 feet Greater setbacks from major streets are also required. Parking Setbacks (Section 4.145): The I-1 zoning requires a minimum parking lot setback of 10 feet. 2. Landscaping and. Screening (Sections 4.033 and 4.145): The New Hope Zoning Ordinance requires screening of co~ercial and industrial sites from residential areas and public rights-of- way. Additionally, the Zoning Ordinance general provisions and I-1 special performance standards require the submission of detailed landscaping plans that emphasize landscaping or screening of the building perimeter, parking lot area, and required yards. 3. Building Coverage (Section 4.145): The I-1 special requirements limit the building cover of the lot to 40 percent of the lot area. 4. Drainage (Section 4.032.(4)): The City requires drainage plans for all industrial construction. 5. Parking (Sections 4.036 and 4.145): These sections define the amount, the design and location of accessory parking for industrial development. These zoning provisions stress the proper screening and landscaping at the perimeter of the parking lot area. These design elements undergo critical review by staff, the Design and Review Committee, Planning Commission, and City Council. New Hope, through its strict review process, has been effective in requiring quality development and site design. VARIANCE It should be noted that a small number of variances from the green area standard have been granted in the past. The City Building Official identified four past variances including 5010 Hillsboro, 5621 International Parkway, 8701 Bass Lake ROad, and 3531 Nevada Avenue. 8 Section 4.22 of the New Hope Zoning Ordinance states: PurDose of Variance. The purpose of a variance is to permit relief from the strict application of the terms of the Zoning Code to prevent undue hardships or mitigate undue non-economic hardship in the reasonable use of a specific parcel of property and where circumstances are unique to the individual property under consideration, and the granting of a variance is demonstrated to be in keeping with the spirit and intent of this Code. A hardship may exist by reason of narrowness, shallowness or shape of a specific parcel of property or a lot existing and of record upon the effective date of this code or that by reason of exceptional topographic or water conditions of a specific parcel of land or lot, the strict application of the terms of this Code would result in exceptional difficulties when utilizing the parcel or lot in a manner customary and legally permissible within the district in which said lot or parcel is located, or would create undue hardship upon such lot or parcel that another lot or parcel within the same district would not have if it were to be developed in a manner proposed by the appellant. In considering a variance, the City must find a non-economic hardship unique to the specific site not created by the property owner. Generally, a variance from the green space standard would not meet these criteria for the following reasons: 1. The alternative to the green space variance would be: a) not to expand the specific business, b) purchase additional land, or c) relocate the business to a larger site to accommodate it in accordance with City standards. These are each a financial consideration when expanding the business. 2. The hardship is not unique to a specific site. As illustrated on Table A, 40 I-1 sites are currently non-conforming under this zoning standard and 23 other sites are within 4 percent of the green area limit. With these conditions, the likelihood of additional similar variance requests is great. 3. The choice of expanding a business is a decision of the property owner. As such, the variance to reduce green space is generated by the property owner. The past variances establish a precedent for future variance considerations. These variances were given to accommodate local business growth and are supportive of the City's economic development philosophies to maintain local industrial tax base and employment opportunities. Since the aforementioned conditions suggest that the variance process is not the appropriate means for reducing I-1 green space, a zoning text amendment is reco~=~Lended. 9 SURVEY OF NEIGHBORING COMMUNITIES In preparation of this study, a survey of surrounding communities was conducted to determine if a green area ratio was common in other cities. Exhibit B summarizes the findings of the community survey. Most co~=~unities do not rely on a green area ratio standard, rather they address green area through required setbacks, buffer yards, landscaping, screening, and building coverage. Brooklyn Center is a community that does use a green area ratio. They established a green area ratio for each zoning district. The Brooklyn Center green area ratio for industrial zoning district is 15 percent. New Hope's application of a green area ratio in a single zoning district is a unique arrangement. CONCLUSION Changing development conditions in New Hope has caused the City to re-evaluate the green space standards of the I-1 zoning. Diminishing land supply and fixed development patterns have limited new economic development growth resulting in greater reliance on the expansion of in-place businesses. The I-1 green area ratio establishes an artificial limit on expansion of I-1 businesses. The City must now weigh the benefits of the existing green area standard versus the co~,~,unity's ability to promote and aid further reinvestment and expansion of New Hope's in-place I-1 businesses. A review of the green area standards, we believe that the City can achieve the benefits of this I-1 standard through the application of other existing zoning performance standards. We would suggest a reduction of the green area ratio from 35 percent to 20 percent. Exhibit C provides examples of a variety of green area ratios applied to a minimum I-1 lot. The City may consider a reduction of the green area ratio to a lesser degree as alternative amendment options. However, the change should be significant enough to provide some flexibility for future growth and should give attention to the existing non- conforming sites. The 20 percent ratio requires green area in excess of just the.minimum setbacks, expands the useable area of the existing I-1 sites for business expansions, and reduces the number of non-conforming I-1 lots from 40 to 4. pc: Steve Sondrall Dan Donahue Doug Sandstad 10 R.4 · · I'1 · · · · · · · EXHIBIT A- City Industrial Site Inventory ZONING DISTRICT MAP CITY of NEW HOPE L.E~IrND: VI~S.A{I' {.{MITI ........ ~ F~Y NESI~NTI~ ~ ~N~TY ~[SI~NTIAL GREEN AREA. RATIO SURVEY . lOl 20Z 311Z &l Z 501 6 Z 701 801 90I ' 351 G~ ~ ~TIOS Z (Aerial photo study by Bonestroo, Rosene & Co., with corrections by city staff- 2-2-93) ?.TI{ LIONS PARK PERFORMANCE STANDARDS COMPARISON SURVEY CITY ZONIN~ "GREEN SPACE" REQUI~{ENT Brooklyn Center Ail Districts 15 FT green strip from property line to driving lane. Parking requirement varies by use with formulas for each using maximum square footage (SF). Commercial/ 35 FT "green strip" with goal Service/ of maintaining 5 FT off Office interior and rear yards/10 FT between lots. Industrial 15 FT strip No building to land ratio. Use parking requirements and "green strip." Maple Grove Co~=~ercial/ buffer yard: 20 PT wide planted ~ Industrial strip with fence and plantings required where Commercial abuts Residential. Industrial/ Residential buffer yard: 20 FT minimum + 110 FT for every 100 parking spaces, not to exceed 50 FT. Mixed Use percent open space requirement Golden Valley Ail Non-Res. 50% of side/rear setbacks must zones be landscaped. Industrial 75 FT front setback, 100 FT side/rear; 50% maximum building coverage. Open Dev. 25% maximum building coverage. Multi-family 35% " " Commercial 50% " " Business/ 40% " " Professional Institutional 25% " " ~'setbacks work more than coverage requirement to achieve open space EXHIBIT B - Perfomance Standards. Survey requirement." Plymouth Industrial 35% maXimum building coverage, not counting parking. Business 25% maximum building coverage. adjacent screen parking, goal of~25-30% to Resid. maximum building coverage. no area requirement, use landscape policy and maximum building coverage. Crystal Commercial/ 22 FT front parking setback with Industrial landscaping. 5 FT setback on sides. Screening required on sides and rear. Residential not more than 30% of yard can be covered by accessory structures. City is built up, facing redevelopment. Brooklyn Park Ail Districts minimum 5% "green" landscaped area, parking areas: 15 FT front,side and rear setbacks. Med. Density 40% green Residential/ Churches High Dens. 35% green Residential Office/ 30% green Business Commercial 25% green General 20% green Business Industrial 15% green ~ Single-fam. 25% maximum building coverage. Residential Double frontage lots: 40 FT green strip on arterial street, 20 FT on all other. PUD 30% green minimum variable setback: 75 FT to parking lot, 35 FT if no ~.~ parking. use landscape ordinance and percent green area requirement. St. Louis Park listed by tables of intensity class- intensity building height, mass, class impervious surface, hours of operation. buffer yards between conflicting uses. requires a percent of development cost budget be used for landscaping. parking lot- varies by abutting use, on local or co~ercial street, area. 6% of lot interior must be landscaped. new development is evaluated by point system; existing trees get points; tree preservation section of ordinance, replacement policy; residential areas are exempt. Robbinsdale N\A North Liberty, Business\ 30-50 FT wide planted or grass Iowa Industrial buffer yards required where residential property abutted. Screening also required where uses are separated by street except front of business. 15 FT buffer yard required along street. PUBLICj t P._ ' PLANNING AS&OCIATION A special edition of the PAS Memo published quarterly and devoted to public investment andfinance Economic based to a service-oriented economy has shaken the very foundation of America's economic strength as mobile Development Policy: capital, competing in global markets, has replaced heavy New Directions for indus as the dominant form of economic power. In many regions, the shift to a service-based economy has driven State and Local down average wages and made a second family income Governments almost an imperative for owning a home and maintaining an adequate standard of living. The curcent recession has made it clear that the service By Nikolas Theodore sector--the source of most of the job growth during the 1980s--will not be the economic savior it has been touted to On November 3, Americans responded to President-elect Bill be. This sector has suffered more job losses in the current Clinton's message that fundamental change in economic economic downturn than in any previous recession. Although policy is needed to put Americans back to work, reduce the economists are debating the causes of service sector decline, deficit, and regain this country's competitiveness in the much of the problem can be traced to the overbuilt global economy. Clinton's campaign focused to a large commercial real estate market, decreased consumer extent on the need to redefine the federal government's role spending, and instability in financial markets. For the first in economic development, especially in light of the extended time, the core industries of the service sectortfinance, recession and the apparent inability of the Bush insurance, real estate, and law--have'cut partners and administration to respond to the economic downturn, associates, not just support staff. Perhaps the Clinton administration will t__ake its lead in Patterns of economic growth and decline have been identifying new directio, ns for economic development policy uneven. Certain segments of society have been especially from state and local governments. Throughout the Reagan hard hit as economic opportunities vanish with the closing of and Bush yeats, many states and localities moved beyond area businesses. Urban centers, in particular, have traditional economic development policy-making by experienced dramatic changes in employment, occupational implementing innovative solutions to some of this country's su'ucture, and industrial location. In many areas, the most intractable economic problems, decentralization of the metropolitan labor force combined This issue of Public with the uneven Investment outlines the distribution of business failures of traditional growth and decline has economic development had devastating effects polic~' and discusses .-. on inner-city the latest strategies ~ neighborhoods. Large being used by state and ~,, numbers of minorities local governments, V and the poor live in including public/ urban areas plagued by private partnerships, disinvestment and the job training in growth deterioration of local industries, and employment and encouragement of '~ business opportunities. innovation and Short-sighted entrepreneurship. It economic development also explores the roles policies at every planners will have in government level ha~ e - shaping these new made the process of policies, economic restructuring The roots of more painful than economic crisis might have been. are complex and Federal, state, and far-reaching, local governments Deindustrialization have yet to design and the awkward shift coherent policies from a manufacturing- increase local capa~: as a way of addressing the persistent unemployment, of locating in a particular place, labor incentives indirectl. mounting business failures, and widespread disinvestment reduce the costs of doing business. Labor incentives brought by deindustrialization. Instead, economic primarily influence work force availability through right-to- development policy has centered on luring mobile capital work laws that reduce union influence, job I~aining from other areas by using generous incentives. This emphasis legislation that prepares workers for new occupations, and on competition between localities and redistribution of unemployment and disability insurance laws that place economic activity, rather than increasing local job-building varying costs on industry. capacity, has made economic development a zero-sum game with few winners and many losers. Enterprise zones. Enterprise zones ate created to reverse urban decline by removing disincentives to the private Policies of the Past redevelopment of economically depressed or underdeveloped Traditional public-sector approaches to economic areas. Depending on the program, businesses locating in development have emphasized stimulating employment designated enterprise zones may be eligible to receive tax growth and diversifying the local tax base by attracting benefits, favorable zoning changes, moratoriums on corporate headquarters and branch plants and redeveloping minimum wage laws, and amendments to building codes. downtown business districts. Initially, public-sector responses to economic decline centered on devising Site development incentives. Site development programs marketing location incentives to attract outside firms, are used to acquire and prepare parcels of industrial and Tradilionai economic development policies have taken commercial property for prospective businesses. Thus the several forms: public sector subsidizes a portion of the costs of land development. While general development assistance Tax policy. Governments have two tax policy tools at their programs make subsidies available to firms interested in disposal, the general tax structure and tax incentives. The relocating anywhere within a state or locality, targeted site general tax structure determines the rates and burdens development programs allow public agencies to choose imposed on individuals and businesses throughout a business locations during the land acquisition process. jurisdiction. States, and to a lesser extent, localities, have latitude in determining tax structures and to what degree Infrastructure improvement assistance. Infrastructure upper-income individuals or private-sector firms, for improvement assistance programs are used to attract or retain example, will shoulder tax burdens, industrial and commercial investment in distressed areas. Tax incentives are used by governments to alleviate some Al-cas that have experienced severe business loss are of the impact of the general tax structure on selected redeveloped to suit the needs of industrial or commercial businesses or classes of individuals. Tax incentives most concerns in the hope of attracting new investment. This commonly take the form of exemptions or credits to assistance, such as street and sewer improvement, is intended encourage or reward certain types of investment by the to improve the marketability of designated locations. private sector. For example, many cities offer deferred tax payments and tax abatements to firms to encourage The Failure of Traditional Polity relocation. These traditional programs have been called into question in recent years. Definitive research has not demonstrated that Debt financing. Historically, state and local programs general inducements actually attract outside businesses or designed to attract mobile capital or retain in. state businesses significantly increase the level of economic activity in an have concentrated assistance in debt financing. Debt area. In fact, research on plant location determinants clearly financing programs are loan programs that subsidize a shows that the most important con. siderations for firms portion of the costs of capital through low- or no-interest making relocation decisions are size of local population, loans, loans with favorable repayment schedules, and migration patterns, transportation rates, local purchasing revenue bond financing. These inducements are marketed to power, labor productivity, wages, and union control-- private industry.in an effort to influence location decisions, location characteristics and factors largely beyond the control of state and local governments, Regulntory polity, State government has considerable The most important reason, however, for the demise of regulatory power over a range of functions--environmental traditional policy-making is that many states and localities regulations, wage rates, banking practices=that directly continue to experience accelerated economic decline despite influence the cost of doing business in a particular locale, the proliferation of policy tools designed to attract and retain Compliance with state regulations, particularly those mobile capital. The Midwest and Northeast, once home to concerning the environment, may prove costly to business, the largest and most productive heavy industry in the world, But state governments have manipulated regulatory policies became known as the Rust Belt after plant closings and as an inducement m private industry, widespread capital disinvestment. Many areas in the South and West experienced rapid economic growth as the result of Labor incentives. Labor incentives offered by state the relocation of businesses and industry from other regions, governments are somewhat different. W'nile tax policy, debt only to experience decline as the pace of capital flight out of financing, and regulatory policy directly influence the costs the U.S. quickened. Places that once attracted mobile capital through location incentives lost these same firms to LaUn Nikolas Theodore is project director of the Strengthening America and Asia. Thes~ movements made it clear that Business Opportunities Project at the Chicago Urban capital mobility pr'-~,ents threats to economic expansion that League. do not respond to traditional economic development pohcy. 2 · ' As the effectiveness and popularity of traditional policies potentially profitable ventures that yield an expected rate of · diminished, planners began to experiment with programs to return. This is a departure from traditional policy, which stimulate economic development in noncompetitive ways by provided direct assistance using public resources. Under encouraging the creation and expansion of homegrown traditional approaches, state and local economic development businesses. Strentth~nin=~ 1_~_~ l~sources as a source of_. budgets were exhausted after making only a handful of loans. economic ~wm I~ec~me an alternative to attrac~ng mobile With the rise of second generation policy has come the ~pi~ an~ promoting interstate relocations. Economic creation of innovative financing instruments that allow public development policy has shifted from an almost exclusive funds to be "recycled" and serve far more businesses. reliance on location incentives to an approach that seeks economic ~ex[~ansion in underutilized industries and places. Partnership, Innovation, alld Investment - ~ ' States and local governments have implemented new The Next Generation programs in three policy arenas. Some examples of these This capacity-building approach to economic development programs are described here: policy was born out of the realization that there is not enough mobile capital available to satisfy the economic growth needs Pm'me~h~p of eve~ state and locality. To stem decline and renew "Buy local" progrnm~, Planners are beginning to expansion, planners are turning toward local economies as a experiment with "buy local" programs designed to keep source of growth. Where traditional economic development money at home by promoting the purchase of locally policy was characterized by interstate competition for distant produced goods. In developing these programs, planners firms, second generation policy emphasizes the creation and assemble directories of local businesses, link up producers development of homegrown enterprises, and consumers, and assist firms in meeting local demand. This evolution of state and local economic development policy has redefined the planners' role in stimulating Strategic plal~nln~. Increasingly, planners are using a economic growth. State and local governments have become strategic planning framework to set economic development risk-takers, actively involved in identifying investment policy and build bridges to the private sector. Strategic opportunities. As a result, policy-making has become a more planning has been used to achieve numerous goals, including complex underw~king that requires planners to engage in entrepreneurial activities, including partnership, innovation, and investment: Partnership. Second generation economic development policies seek to improve the capacity of businesses to meet ,lob trni~l~_~, The nation's educational system has not internal and external demand for products and services, produced a work force that can compete in new global Priority is placed on finding needs that new or existing local markets while maintaining an increased stand~rd of living. A enterprises can satisfy. In the role of Farmer to the private widening "capability gap" requires planners to make use of sector, planners identif~ market opportunities~! advertise and Labor Market Information (LMI) to better tailor the skills pro~motc, anu analyze local ~lemano. wnue mes~"'a"~"~h~s being taught with the skills employers want. State ~'~previousP~consmereo to t)e the exclusive responsibility development agencies and nonprofit economic development of the private sector, this policy shift is the result of research groups can provide planners with LMI on investment being denied to industry sectors and locales that occupational trends, job growth in specific industries, and the private sector rejected as poor investment oppormmties, location of employment opportunities. Planners have undertaken these new roles to stimulate private The economic problems facing inner-city residents are investment in potentially profitable enterprises that offer compounded by the failure of the educational system to benefits in the form of increased employment, tax revenue, prepare many to compete in a changing work force. In and local spending, addition to technical skills training, job training programs must be prepared to offer clients basic skills development in Innovation. The development of new ideas is the arithmetic, reading, and writing. cornerstone of economic growth. Through innovation, firms develop competitive advantages in their markets. While Innovation innovation occurs primarily in private sector activities, the Teclmolo~y moderalzation. States and local governments public sector increasingly m~coura~es technological change should move to stimulate entrepreneurial development and and specialization by providing financial and technical modernize firms in their iurisdictions. Shared manufacturing assistance to entrepreneurs, c~-fiters, nauonat manutactunng tecnnology centers, university-based science parks, and high-tech councils all Investment Second generation economic development have been used with varying degrees of success in creating policy emphasizes the use of small amounts of public funds jobs, retaining industries, modernizing manufacturing to leverage larger amounts of financial capital from facilities, and diversifying the economic base. conventional lending sources. Whereas traditional policies sought assistance from large-scale enterprises with Sm~il business incubators. State and local governments established credit histories, second generation approaches have recently added small business incubators to their lists of encourage private investment in sectors that historically have economic development tools to assist homegrown been denied capital. Because the private sector hates risk, the enterprises. Public-sector incubators are an important tool for focus of policy has shifted to making credit available to promoting light manufacturing industries, often allowing for 3 lA¸ their location in vacant industrial facilities. In this way, businesses are repaid, the principal and interest return to planners help to develop new firms in areas where older fund to be lent to other firms. industry was once located. Small business incubators offer finns four advantages: 1) Infrastructure suppofl for economic development. New on-site assistance in obtaining financing and preparing bids; infrastrue~ and local service improvements can sharply 2) a real estate component that provides flexible space and enhance the competitive position of existing basinesses by below-market rents; 3) management consulting; and 4) improving delivery accessibility, expanding labor markets, support services. These advantages provide entrepreneurs broadening consumer markets, and reducing business costs. assistance during the early stages of business development. This can create new opportunities for business expansion and location a~ w,~ll, as.~¢nerale thousands ~f co~struc~ios~ jebs. Job growth in smt~inable commm~lfles. Protecting the Public investment in local telecommunications environment and building a strong economy have long been infrastructure can create new opportunities for back office ,,view? as mutually exclusive endeavors. This stems from the operations (e.g., data processing and record keeping) in the .I .~.... ~ption that env/ronmental regulations hinder the nation's fields of insurance, banking, health care, and telemarketing. ability to compete in the global economy by driving up the Investment in transportation infrastructure can also reduce cost of doing business, costs of delivery of materials and finished products, and But many planners, environmentalists, and economic improve access to employment centers. The federal development professionals are now aware of the concept of government reasserted its interest in upgrading transportation sustainable developmenttthat is, balancing the resource infrastructure with the passage of the lntermodal Surface needs of the present generation without jeopardizing the Transportation Efficiency Act of 1991. Preferential funding ability of future generations to live and prosper. It has also treatment in the six-year, $151 billion appropriation will go become clear that a healthy environment can improve the to projects to upgrade existing road networks and to the quality of hfe in a community or re'sion, and healthy development of alternative modes of transportation, such as communities are attractive places to do business. Planners public transit and pedesu'ian and bicycle facilities. can help balance environmental and economic development Finally, increased investment in large, regional hub policies by promoting community-based }ob creation airports and small general aviation airports can create programs in areas sech m, ree~¢li~'-pe#~iew'abatemm~, business opportunities for airport-related service suppliers, wastewater ~mata~at,.md,-bstal~dousm~a~lM~sal. shippers, and corporate users. Airport investment also -,.~.- ,, --~.,. -. ~-. .- enhances delivery of services and human resources. Financial assist~ee to minority ·ntrepr~neurs. Increasing minority business own ip the goal of numerous 1992 PAS Memo Index federal, state, and local economic development policies, but · the results of these policies have often been disappointing. January: Understanding the Americans With Disabilities Act Minority business ownership rates continue to lag behind February: New Transportation Law Benefits Planning March (PIN): Commercial Development and Property Taxes: rates for whites, and minority-owned firms continue to be Wh~'p'ays~'th~"~ll~. ( ~'ic~i~.ie"'~']~'ve~jbniehf to concentrated in indusu'y sectors with the lowest average Environmental Cleanup; Dl'rt l~l"s~t'~ Hit'~ RecesSion" levels of profitability. The fundamental problem facing minority businesses is Ap~l: The Latest in Adaptive Reuse undercapitalization, which results in most firms remaining May: Greenways: The Natural Connection small, overleveraged, and concentrated in labor-intensive June (PIN): Enterprise Zones: A Cure for Urban America? industries that serve neighborhood markets. To expand July: Comprehensive Plans: Making the Vision Come True minority business opport~mities, economic development August: Bringing Land-Use Ratios Into the '90s policies must improve access to financial capital, particularly September (PIN): Communities Bet Their Bottom Dollar; in the form of equity capital, working capital, and loan Entrepreneurial Public Housing Residents October: Private Property Rights Activism guarantees. Initiatives such as linked deposit programs can November: Urban Gateways be used to increase the supply of available capital. Public ~unds can be deposited in lending institutions with the December (PIN): Economic Development Policy: New scondition that an increased number of loans be made to Directions for State and Local Governments targeted groups. Tbe PAS Memo is s moa~hly publicalio~ for subscri~rs to the Planning Advlsor~ Leveraging privat~ hveeimen~iaflp~ ~ .-, Service. · subscnPUo, reM~rch service o~ the Am~nca. PlanninS Assoc,auon sector is using imlovative financing instruments that allow Israel Stollmaa. E~ecutive Direcior: Fran~r S. So. Deputy Executive Director funds tO be "recycled" and serve far more businesses than T~e PAS ~emo is p~duced by APA staff in Chicaso. Rese~ch and wnung by Resan~h Depaflment stuff: Marya Moms. Editor; Fay Dolnick. Sarah Dunn. has been possible under direct loan programs. Loan *my v~ DorelL Repo~ets. Production by Publications Department staff: C~, nch~a guarantees and revolving loan funds are examples. Loan Cheski. Assis~t Editor, Demus M¢Clendoa. Desisn Director. guarantees from the public sector encourage conventional Copyrisat O1992 bl American Planmns Association, 1313 E. 60th St.. Chicaso, IL 60637. The American Planaths Association ha~ headquarters sources to lend by increasing the security of a loan and a~ 17'76 Massa~haseas Ave.. N.W., WashieSton, DC 20036. thereby reducing rislc. When a government backs a loan with All rish~s reserved. No pa~ of this publication may be tepn~luced or a guarantee, access to capital is improved and, barons form or by any mesas, electtom¢ m' mechsaical, i~cludMs photocopying, recording. or by any information storage and, retrieval system, without p~rml$$ton default, no claim on public resources is made. Revolving from the American Plmmths AssociaUon. lOan funds are loan pools that typically are capitalized Printed on recycled paper, including 50-70~ recycled fiber through a one-time legislative allocation. When loans to and 10q~ postconsumet waste.