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080393 Planning AGENDA PLANNING COMMISSION MEETING OF AUGUST 3, 1993 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL - 3. PUBLIC HEARINGS 3.1 CONSENT ITEMS (All items listed under 3.1 are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a member of the Planning Commission or a citizen so requests, in which event the item will be removed from the consent agenda and considered following the consent items) Case 93-12 Request for Final Plat Approval of Science Industry Center 3rd Addition, 5425/5501 Boone and 5430/5500 International Parkway, City of New Hope/Senior Outreach Services, Petitioners Case 93-20, Request for Variance from Driveway Parking Area Setback Requirement, to Allow Replacement of Blacktop and Wide Curb Cut, 4301 Nevada Avenue North, James/Verle Fackler, Petitioners Case 93-21, Request for Variance to Rear Yard Setback Requirement to Allow Construction of a Porch, 3501 Xylon Avenue North, Michael Banker, Petitioner Case 93-23 Request for Preliminary Plat Approval for Northwest Church Addition, 8624 50th Avenue North, Northwest Church of Christ, Petitioner Case 93-25 Request for Preliminary Plat Approval for Carol James Addition, 7105 62nd Avenue North, Carol James, Petitioner 3.2 Case 93-22 Request for Conditional Use Permit to Allow Erection of Communication Support Structure and Antennas, 3877 Independence Avenue North, Kirk Huber Pengelly, Jr., Petitioner 3.3 Case 93-24, Request for Variance to Rear Yard Setback Requirement to Allow a Bedroom/Bath Addition, 3233 Gettysburg Court, Bill Kranz/David Pomije, Petitioners 3.4 Case 93-11 Request for Planned Unit Development Approval,~ Gethsemane Cemetery, Rockford Road and Winnetka Avenue North, Catholic Cemeteries, Archdiocese of St. Paul and Minneapolis, Petitioners 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 July 6, 1993 6.2 Review of Minutes of City Council Minutes of June 28, 1993 6.3 EDA Minutes of June 14, 1993 7. ANNOUNCEMENTS 8. ADJOURNMENT CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-12 Request: Request for Final Plat Approval for Science Industry Center 3rd Addition Location: 5425/5501 Boone and 5430/5500 International Parkway PID No: 06-118-21-34-0010/06-118-21-34-0007/06-118-21-34-0017/06-118-21-34-0005 Zoning: I-1 Limited Industrial Petitioner: City of New Hope/Senior Outreach Services Report Date: July 30, 1993 Meeting Date: August 3, 1993 BACKGROUND 1. This is a request for Final Plat approval of Science Industry Center 3rd Addition and the request is made pursuant to Chapter 13 of the New Hope Code. 2. The property included in the plat includes all of the vacant parcel at 5501 Boone Avenue North and the north 75 feet of 5425 Boone Avenue North. The City has acquired both of these parcels through the eminent domain/condemnation process to facilitate the construction of the Care Break Adult Day Care Center to be operated by Senior Outreach Services. It is anticipated that once the platting of the property is completed that the City will transfer the ownership of the property over to Senior Outreach Services. You will recall that one of the conditions for the rezoning of this property and the site/building plan review approval for the Adult Day Care Center (Planning Case 92-23) was that the property be platted and construction initiated within a two-year period. It is anticipated that once the platting process is completed construction will start on the Adult Day Care Center this fall. 3. The other two parcels included in the plat are the existing Public Works Department property at 5500 International Parkway and the north 129 feet of 5430 International Parkway, also know as Outlot A, Custom Mold Addition. As you are aware, when Custom Mold acquired the 5430 International Parkway property for their building expansion in 1991, the northern portion of the property was split off and sold to the City to be combined with the Public Works property. A plan has now been developed to utilize the property by Public Works, including construction of a salt storage building, being considered under Planning Case 93-17. 4. The purpose of the plat is to finalize the consolidation of the above-referenced properties for both the North Ridge/Senior Outreach Services project and the Custom Mold/public Works expansion project and to include all of these properties into one plat to be known as Science Industry Center Third Addition. 5. All of the properties included in the plat are currently zoned I-1 Limited Industrial. However, the rezoning of the 5501/5425 Boone Avenue properties from I-1 to R-5 Senior Citizen Residential Housing has been approved subject to the platting of the property and the completion of construction of the Adult Day Care Center. The rezoning will be officially published when that project is completed. 6. The Planning Commission reviewed the preliminary plat on July 6, 1993, and the City Council reviewed it on July 26, 1993, and it was approved with the condition that recommendations and corrections requested by City Engineer, City Attorney, and Building Official be incorporated into the Final Plat. These conditions included the following items: Planning Case Report 93-12 August 3, 1993 Page -2- A. City Engineer recommendations: 1. The final site plan for Lot 2, Block 1 has not been finalized pending the Shingle Creek Watershed review for ponding requirements. It is expected that some form of public improvements will result for storm sewer improvements for this plat, based on the findings. This plat will be required to comply with those requirements and dedicate the necessary easements on both Lot 1 and 2. 2. The parking lot serving the property north of Lot 1, Block 1 (Public Works) encroaches onto Lot 1, Block 1. The City will need to review this issue and determine how it can be resolved. 3. The site plans for Lot 1 and 2, Block 1 are being developed and/or being financed in part by the City. The City must comply with all requirements for developing each site plan. B. City Attorney recommendations: 1. The City has a drainage and storm sewer easement over the northerly 15 feet of what is proposed at Lot 2, Block 1, as well as an easement 20 feet in width along the north 200 feet of the westerly border of the same Lot 2, Block 1. These easements were obtained from Melvin Doyle several years ago. 2. NSP has an existing utility easement along the north 5 feet of proposed Lot 2, Block 1. This easement will be included in the proposed 5-foot utility and drainage easement to be dedicated as part of the plat. 3.According to my information this property is currently zoned I-1. 4. The preliminary plat lists the City of New Hope HRA as the owner and developer. That should be changed to the Economic Development Authority, since the EDA is now owner of the Doyle/Lee Brothers property through the ongoing condemnation action, as well as owner of Outlot A, Custom Mold through purchase. The property occupied by the Public Works building is also included in this proposed plat, and is owned by the City of New Hope. Accordingly, the City of New Hope must join in the plat as an owner. C. Building Official recommendations: 1. The City contact both property owners to the north regarding their encroachment onto City property, inform them of the proposed improvements for both Lot 1 and Lot 2, and encourage some repairs/maintenance/ improvements on their properties in conjunction with the upgrading of the Public Works property and the construction of the Adult Day Care Center. 7. As per routine policy, the Final Plat was submitted to City Department Heads, City Attorn, City Engineer, utility companies, and Hennepin County for review and comment. ANALYSIS 1. The City Engineer reviewed the final plat and made the following comments: A. The encroachment of the parking lot from the property to the north onto Public Works should be reviewed with the owners. Planning Commission Report 92-12 August 3, 1993 Page -3- B. The review committee for the Shingle Creek Watershed is recommending to the Commission that the filling of the wetland on Lot 2 will not require mitigation. It is expected the Shingle Creek Commission will formally approve this recommendation at their August 12th meeting. Therefore the easements shown on the most recently prepared Final Plat are in order which require a 20' wide drainage and utility easement along Boone Avenue. 2. The City Attorney reviewed the Final Plat and made the following comments: A. I reviewed the proposed Final Plat for Science Industry Center 3rd Addition and I find the plat to be in order from a legal standpoint. B. The County will require certain evidence of title, either in the form of condemnation documents, current statements of Certificates of Title from the Torrens Department, or an opinion letter from our office. I am in the process of assembling that information so that it will be ready when the Final Plat is f'fled. The utility and drainage easement recommended by the City Attorney on the Preliminary Plat have been incorporated into the Final Plat. The New Hope Economic Development Authority and City of New Hope have been named on the plat as owners of the property, instead of the HRA, as recommended. 3. NSP responded that they have a buried cable on the site, per the enclosed diagram, so the Final Plat will have to be revised to show this easement. 4. All issues have been addressed on the Final Plat except for the NSP easement and staff is recommending approval subject to that condition. The encroachment by the property owner to the north is in the process of being researched and will be resolved prior to the installation of improvements on the Public Works site. The encroachment is more of a development issue that a plat issue. RECOMMENDATION Staff recommends approval of the Final Plat of Science Industry Center 3rd Addition, subject to the following condition: 1. If it is determined that an easement is required for the NSP buried cable, the Final Plat be revised to show said easement. Attachments: Final Plat Attorney Correspondence Engineer Correspondence Plat Review Letter NSP Diagram re: Buried Cable Preliminary Plat Report :**'~ R.T. DOC.NO, SCIENCE iNDUSTRY CENTER 3RD'..ADDITION c...ooc~o, LOT SURVEYS COMPANY. INC. ' .......... ·-::~ .......~ ............ SURVEYORS .~,~, · a ,imf mmm~ mm-ma ag I1~ .m. tdma ' il , ~ ~ ~l[~m~ M d. b m m~ ~mm~ mm~mm. IIm~ mm Mm. m,m W ..... m mmmm mmmm { '""~~'~--~--~--"~'~'''''--''--"''--'--'''''-- ~mmmmm ~ ~ mmm~ mi mmqm~ mm* mm ~mmmm, *m-m~ bmm~ ~m ia d ~m ~m~mm~.mm {m {mm mmm m m mm mmm mm am mmmml d m ~ ~ ~ m ms m mm ~mm~ & ~mmm mmm. m m mine ~mm ~mmm~ m mb mm W mml tm ama 'mini d m m m kmmm~m ~ i ~ d m m ~4 Ob · ~ ~ .- I ;el . ..,.., ...... __.__ ,,, , m~ ~ .... ~,~ .;.. ~ ~ ~ , , ~ SCIENCE INDUST SURVEYS COMPANY, SURVEYORS < ~ ~' ~,, NORTHEAST CORNER LOT 1 ',' :_?~,. '-~ ' ~ ~ . E X C E P T I O N: ' ~' ~,-~' ' , ' O.,'c ~~ % ~C~~ . .q '(~ . ~ '~ ~-~ ~ ~O-D~GE - ~ - ~ ......... T~~-~ - - ~95 ..... ' ~ :'~x, r ~ ~EME~ i'I 20] '. ~ ..- ~,, ,~, ~, I , · 40. '-~. ~']>, ~X'~ , "'7. "7-, ~', '~ '<_;. . ; X', ' '' 2 ' ~ '~ O. ~ ~ BLOCK 5 E~ENDED E~T j ~ o ~>S 89'0~' 33" E ' 300 05'" RIE~ATION OF THIS .~. ~ , ............. j .... . -' ~ ~-x~:r .... ~ ] 40 ASED ON ~ ASSUMED ~ 0 , ' ~, A;'~ , , ,~ ~,, :OTES IRON MONUME~ SCALE IN FE~ O 1 O0 2OO · '~ :' --, : ' '¥'.]b~:.-. "-~'>' -~ 'L.~~ -.[¥a- -,~y:l~,~a ..' .... · · ~ )I',~OF, !e~q~U~q ~O~',' ~<:, LOY '~ , ' -':' July 27, 1993 Mr. Kirk McDonald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Proposed Ftnal Plat Science Industry Center Srd Addttton Our File No: 99.15034 Dear Ktrk: I reviewed the proposed final plat for Science Industry Center 3rd Addition. ! find the plat to be in order from a legal standpoint. The County will reclu~rs certain evidence of title, either ~n the form of condemnation documents, current statements of Certificates of Title from the Torrens Department, or an opinion letter from our offtce. I am in the process of assembling that information so that ~t wtll ready when the final plat is filed. Please contact me if you have any questions. Sincerely, Mart tn P. Mal echa s3t City of New Hope 4401 Xylon Avenue Noah New Hope, Minnesota $5425 Attn: Kirk McDonald Re: Science Industry Center 3rd Addition Our File No, 34158 We have reviewed the above final plat and offer the fol]owing comments: · The encroachment of the parking lot from the propert7 to the north onto public works should be reviewed with the owners. · The review committee for the Shingle Creek Watershed is recommending to the Commission that the filling of the wetland on Lot 2 will not require mitigation. It's expected the Shingle Creek Commission will formally approve this recommendation at their August 12th meeting. Therefore, the easements shown on the most recently prepared final plat &re in order which require a 20' wide drainage and utility easement along Boone Avenue. If you have any questions please contact this office. Yours truly, , BONESTROO, ROSENF~ ANDERLII< & ASSOCIATES, INC. Mark A. Hanson MAH:dh 4401 Xylon Avenue North Telephone: 612-531.$100 City Hall Fax: #612.531.5 New Hope, Minnesota 55428-4898 TDD Line: 612-531.$109 Police Fax: It612-531.5 Public Works Fax: #612-533-7t CITY OF NEW HOPE MEMORANDUM DATE: July 22, 1993 TO: Hennepin County Department of Transportation Minnegasco Northern States Power Co. : U.S. West Telephone King Cable Television New Hope Director of Public Works New Hope Director of Finance/Administrative Services New Hope City Attorney New Hope City Engineer New Hope Building Official FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT': Final Plat Science Industry Center 3rd Addition Enclosed you will fred a final plat for Science Industry Center 3rd Addition. Please review and forward comments to me prior to 12:00 noon on Wednesday, July 28, 1993. The final plat will be considered by the New Hope Planning Commission at their August 3rd, 1993, meeting. .. If you have questions, please feel free to contact me. Family Styled City ~ For Family Living CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-12 Request: Request for Preliminary Plat Approval for Science Industry Center 3rd Addition Location: 5425/5501 Boone and 5430/5500 International Parkway PID No: 06-118-21-34-0010/06-118-21-34-0007/06-118-21-34-0017/06-118-21-34-0005 Zoning: I-1 Limited Industrial Petitioner: City of New Hope/Senior Outreach Services Report Date: July 2, 1993 Meeting Date: July 6, 1993 BACKGROUND 1. This is a request for preliminary plat approval of Science Industry Center 3rd Addition and the request is made pursuant to Chapter 13 of the New Hope Code. 2. The property included in the plat includes all of the vacant parcel at 5501 Boone Avenue North and the north 75 feet of 5425 Boone Avenue North. The City has acquired both of these Parcels through the eminent domain/condemnation process to facilitate the construction of the Care Break Adult Day Care Center to be operated by Senior Outreach Services. It is anticipated that once the platting of the property is completed that the City will transfer the ownership of the property over to Senior Outreach Services. You will recall that one of the conditions for the rezoning of this property and the site/building plan review approval for the Adult Day Care Center (Planning Case 92-23) was that the property be platted and construction initiated within a two-year period. It is anticipated that once the platting process is completed construction will start on the Adult Day Care Center this fall. 3. The other two parcels included in the plat are the existing Public Works Department property at 5500 International Parkway and the north 129 feet of 5430 International Parkway, also know as Outlot A, Custom Mold Addition. As you are aware, when Custom Mold acquired the 5430 International Parkway property for their building expansion in 1991, the northern portion of the property was split off and sold to the City to be combined with the Public Works property. A plan has now been developed to utilize the property by Public Works, in- cluding construction of a salt storage building, being considered under Planning Case 93-17. 4. The purpose of the plat is to finalize the consolidation of the above-referenced properties for both the North Ridge/Senior Outreach Services project and the Custom Mold/public Works expansion project and to include all of these properties into one plat to be known as Science Industry Center Third Addition. 5. All of the properties included in the plat are currently zoned I-1 Limited Industrial. However, the rezoning of the 5501/5425 Boone Avenue properties from I-1 to R-5 Senior Citizen Residential Housing has been approved subject to the platting of the property and the completion of construction of the Adult Day Care Center. The rezoning will be officially published when that project is completed. 6. The zoning codes states that "if the preliminary plat is approved by the Planning Commission and City Council, the subdivider must submit the final plat within 100 days after said approval. Copies of the f'mal plat shall be submitted to the Planning Commission for their review and recommendation, unless this requirement is waived by the Planning Commission during their review of the preliminary plat". Staff is not requesting a waiver of the final plat review by the Planning Commission and if the Preliminary Plat is approved in July, a Final Plat will be brought back for consideration in August. Planning Case Report 93-12 July 6, 1993 Page -2- 7. As per routine policy, the preliminary plat was submitted to City Department Heads, City Attorney,City Engineer, utility companies, and Hennepin County for review and comment. 8. Property owners within 350' of the request have been notified and staff has received no comments about this proposal. ANALYSIS 1. The total area of the plat is 385,390 square feet or 8.847 acres, and includes the following parcels: 5501 Boone Avenue North (entire parcel) 5425 Boone Avenue North (north 75 feet) 5500 International Parkway (entire parcel) 5430 International Parkway (north 129 feet) 2. The plat subdivides the above-referenced properties into two (2) parcels, with Lot 1,Block 1 combining the Public Works property with the Custom Mold Outlot, and Lot 2, Block 1 combining the two Boone Avenue properties. The lot area and lot and lot width requirements for the I-1 Limited Industrial Zoning District are compared to the plat below: I-1 Requirement Preliminary_ Plat Minimum lot area - 1 acre Lot 1 = 211,100 square feet or 4.846 acres Lot 2 = 174,290 square feet or 4.001 acres Minimum lot width- 150 feet Lot 1 = 300 foot width at narrowest point Lot 2 = 300 foot width The two proposed lots meet the Zoning Code lot area and lot width requirements for the I-1 Zoning District. 3. The plat contains the proper drainage and utility easements along all property lines as required by the City Code: 5 feet in width on adjoining lot lines and 10 feet in width on adjoining street lines. 4. No comments were received from utility companies on the plat. 5. No comments were received form Hennepin County on the plat, as it does not abut a County right-of-way. 6. The City Engineer reviewed the Preliminary Plat and made the following recommendations: A. The final site plan for Lot 2, Block 1 has not been finalized pending the Shingle Creek Watershed review for ponding requirements. It's expected some form of public improvements will result for storm sewer improvements for this plat, based on the findings. This plat will be required to comply with those requirements and dedicate the necessary easements on both Lot 1 and 2. B. The parking lot serving the property north of Lot 1,Block 1 (Public Works) encroaches onto Lot 1, Block 1. The City will need to review this issue and determine how it can be resolved. C. The site plans for Lot 1 and 2, Block 1 are being developed and/or being financed in part by the City. The City must comply with all requirements for developing each site plan. Planning Case Report 93-12 July 6, 1993 Page -3- 7. The City Attorney reviewed the Preliminary Plat and made the following recommendations: A. The City has a drainage and storm sewer easement over the northerly 15 feet of what is proposed at Lot 2, Block 1, as well as an easement 20 feet in width along the north 200 feet of the westerly border of the same Lot 2, Block 1. These easements were obtained from Melvin Doyle several years ago. B. NSP has an existing utility easement along the north 5 feet of the proposed Lot 2, Block 1. This easement will be included in the proposed 5-foot utility and drainage easement to be dedicated as part of the plat. C. According to my information this property is currently zoned I-1. D. The preliminary plat lists the City of New Hope HRA as the owner and developer. That should be changed to the Economic Development Authority, since the EDA is now owner of the Doyle/Lee Brothers property through the ongoing condemnation action, as well as owner of Outlot A, Custom Mold through purchase. The property occupied by the Public Works building is also included in this proposed plat, and is owned by the City of New Hope. Accordingly, the City of New Hope must join in the plat as an owner. 8. The Building Official reviewed the Preliminary Plat and recommends that the City contact both property owners to the north regarding their encroachment onto City property, inform them of the proposed improvements for both Lot 1 and Lot 2, and encourage some repairs/maintenance/improvements on their properties in conjunction with the upgrading of the Public Works property and the construction of the Adult Day Care Center. RECOMMENDATION Staff recommends approval of the proposed Preliminary Plat of Science Industry Center 3rd Addition subject to the following condition: 1. Recommendations and corrections requested by City Engineer, City Attorney, and Building Official be incorporated into the Final Plat. Attachments: Topo Map Section Map Zoning Map Preliminary Plat Engineer's Letter Attorney's Letter Building Official's Memo Plat Review Letter Excerpt - Custom Mold Planning Case Excerpt - Senior Day Care Planning Case 5''7o t 5700 ~ PARK ~ ~ N ~oo ,,, $~ ~ ~OSTE~MAN ' J~ NI6N SCHOOL PUeLIC ~,0' ' IRKS F~ 55T~ ~VE ~ ~4~7 BEGIN ~ ~g NORTH RIDGE CARE q~k~4n PARK ~ CENTER ~ ,~ ~07 : ~ 5~ I 54 TH. AVE. CENTE~ ~IVE ~ E3oo I SAULT SAtNT8 MARl[~-- ~llLlOlO.. ). ....... ~oo UNE ~I~JL~OAD COI~ANY RESEARCH CENTER ROAD 892. .3 <3 91o.4 ~04.5 Q '902. Q g3 ~. 910.2 x x 901.8 X 903.0 X 905.9 X 905.5 X 902.8 X o o PRELIMINARY PLAT OF: SCIENCE INDUSTRY CENTER 3RD ADDITION LO~- su,v~ co.P~. ,,C. . ~ su,v~o,s ~ c,~ o~ ,~ ,O,E COUm O~ 1 ':;;~, '~ ~I.,..~.~,. I ~ I ~ ~n PRELIMINANY HI_Al ur: SCIENCE INDUSTRY CENTER 3RD ADDITION LOT ~;URVEYS COMPANY. INC. t~D SUR~-~ORS CITY OF NEW HOPE COUN'P( OF H! ,~PIN ',, / "¢,^~. J,.~ ,, ~ .- ~- -,' .,;, 1 -~-~ C~' ~.~ ~ -- - 'Engineers & Architects June 25, 1993 City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 Attention: Mr. Kirk McDonald Re: Science Industry Center 3rd Addition Our File 34138 and 34158 Dear Kirk: We have reviewed the above plat and recommend the following: The final site plan for Lot 2 Block 1 has not been finalized pending the Shingle Creek Watershed review for ponding requirements. It's expected some form of a public improvements will result for storm sewer improvements for this plat, based on the findings. This plat will be required to comply with those requirements and dedicate the necessary easements on both Lot 1 and 2. ~ - The parking lot serving the property north of Lot 1 Block 1 (Public Works) encroaches onto Lot 1 Block 1. The. City will need to review this issue and determine how it can be resolved. - The site plans for Lot 1 and 2 Block 1 are being developed and/or being financed in part by the City. The City must comply with all requirements for developing each site plan. If you have any questions please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERL1K & ASSOCIATES, INC. 2335 ~Vest Highway 36 · St. Paul, MN 55113 · 612-636-4600 June 24, 1993 Mr. Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Science Industry Center 3rd Addition Preliminary Plat our File No: 99.15034 Dear Kirk: I have examined the preliminary plat of Science Industry Center 3rd Addition and have the following comments to make: 1. The City has a drainage and storm sewer easement over the northerly 15 feet of what is proposed as Lot 2, Block 1, as well as an easement 20 feet in width along the north 200 feet of the westerly border of the same Lot 2, Block 1. These easements were obtained from Melvin Doyle several years ago. 2. NSP has an existing utility easement along the north 5 feet of the proposed Lot 2, Block 1. This easement will be included in the proposed 5 foot utility and drainage easement to be dedicated as part of the plat. 3. According to my information this property is currently zoned I-1. 4. The preliminary plat lists the City of New Hope HRA as the owner and developer. That should be changed to the Economic Development Authority, since the EDA is now owner of the Doyle/Lee Brothers property through the ongoing condemnation action, as well as owner of Outlot A, Custom Mold through purchase. The property occupied by the public works building is also included in this proposed plat, and is owned by the City of New Hope. Accordingly, the City of New Hope must join in the plat as an owner. Mr. Kirk McDonald June 24, 1993 Page 2 Please let me know if you have any questions. Sincerely, Martin P. Malecha Assr. New Hope City Attorney s3t2 cc: Daniel J. Donahue Steven A. Sondra11, Esq. TO: KIRK McDONALD FROM: DOUG SANDSTAD DATE: JUNE 30, 1993 SUBJECT: SCIENCE INDUSTRY CENTER 3RD ADDITION I have reviewed the prelim, plat and have one comment, to supplement those of our engineer and attorney. Both industrial developments to the north of this plat are encroaching onto Lot 1 and Lot 2. Both sites are poorly maintained and park or drive trucks and cars on "our" land adjacent. We will want to explore the need to cooperate on new construction while perhaps encouraging or requiring some repairs/ improvements on their lots. Perhaps a letter sent to each owner to invite them in for a chat would be a good start. Pleas9 advise me of the approach you prefer. 4401 Xylon Avenue North Telephone: 612-531.5100 City Hall Fax: #612-5~'~ 1 New Hope, Minnesota 55428-4898 TDD Line: 612-531.5109 Police Fax: #612-5b ~-51 Public Works Fax: #612-533-76 DATE: June 14, 1993 TO: Hennepin County Department of Transportation Minnegasco Northern States Power Co. U.S. West Telephone King Cable Television New Hope Director of Public Works New Hope Director of Finance/Administrative Services New Hope City Attorney New Hope City Engineer FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Preliminary Plat of Science Industry Center 3rd Addition Enclosed you will find a preliminary plat for Science Industry Center 3rd Addition. Please review and forward comments to me prior to 4:30 p.m. on Friday, June 25th, 1993. The preliminary plat will be considered by the new Hope Planning Commission at their July 6, 1993, meeting. If you have questions, please feel free to contact me at 531-5119. Family Styled City '~~ For Family Living CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-20 Request: Request for A Variance from the Driveway Parking Area Setback Requirement to Allow Replacement of Blacktop Area and Widen Curb Cut Location: 4301 Nevada Avenue North PID No: 17-118-21-24-0070 Zoning: R-1 Petitioner: James/Verle Fackler Report Date: July 30, 1993 Meeting Date: August 3, 1993 BACKGROUND 1. The petitioners are requesting a 2-foot variance from the 3' driveway area parking setback requirement, pursuant to Section 4.036(6)c - New Hope Code, to allow replacement of deteriorated blacktop area and widen the curb cut at 4031 Nevada Avenue North. 2. City Code "Parking Distance From Property Line" requirements state that "there shall be no off-street parking within three (3) feet of any property line". 3. The petitioners are proposing to replace an existing non-conforming asphalt driveway approximately one (1) foot from the side yard property line, therefore a 2-foot variance from the 3-foot side yard parking requirement is needed. 4. The petitioners state on the application that they wish to replace the existing, deteriorated blacktop area (8' x 37') with concrete and widen the curb cut to 30 inches. The existing site has a concrete driveway with a deteriorating blacktop area along the side. Petitioner states that the blacktop area is an eyesore, they desire to upgrade the property, and the additional parking space is needed. They indicate that the curb was widened insufficiently when the street was overlaid and that the curb is a nuisance to drive over. 5. The property is located in an R-1 Single-Family Residential Zoning District and is surrounded on all sides by R-1 land uses. 6. The existing structure meets all setback requirements. 7. The topography at the property slopes down to the street from the house. 8. Property owners within 350' of the request have been notified and staff have received no comments on this request. ANALYSIS 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. Planning Case Report 93-20 August 3, 1993 Page -2- 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. 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. The Building Official has prepared the attached "Exhibit A", which is an enlarged detail of the petitioner's request compared to the City Code. The theory of the Code is that adjacent garages on residential lots will be at least 10 feet apart, the parking area will be at least 6 feet apart and the curb cuts at the street at least 10 feet from one another. In this specific case, the adjacent home has a garage on the opposite side of the lot (north), reducing the practical impact of the setback rule. 5. A large Blue Spruce exists near the front comer of the garage, preventing the full-length expansion of the driveway width. It also tends to draw attention away from the driveway. 6. The adjacent property owner to the north at 4039 Nevada Avenue has submitted the enclosed letter stating that he has no objection to the neighbor replacing the existing blacktop parking area with concrete and feels that it will upgrade the appearance of the property. 7. No specific hardship exists in this case, although it does involve just the replacement of an existing driveway.., not an expansion. RECOMMENDATION Staff recommends approval of the request for a 2-foot variance from the 3-foot parking setback requirement to allow the repair of an existing driveway area one foot from the property line. Attachments: Topo/Section/Zoning Maps Site Plan Photographs Building Official Exhibit "A" Neighbor Letter , ~ 4~ ~, , ~ 1,,, ~ ,,/~ 42 NO AVE. N.' - ~OC~FO~O ~ ~ ~ 4~z~ · , , OFFICE ~ I~,~ ~i~ sc.oo~ BUS ~ Ioo . I ' ~ ~ ~Z~lAV 3~o0 ~9qO ~0 CEMETERY PARK ' ~{~i; __, ~ . ,,~ ,v,... GETH$[MANE CEMETERY I-1 ~ETHEL CEMETERY B-4 R-4 1'2 I'1 5 5.8 X 905.8/''''-, 907. X x f 912. 9~4.5 Xf x 910.8 9~J.3 9~1.0 42 42 42 ~ 9]0.3 4:]x % 917.5 905. ~42X912'7 4~ ,~ X Q 42 --9]7.0 9~7.5 ~ o 910.5 q ~.:Property Lines [ CIT~ CODE --5' setback garage t ) p.1. 3' setback parking to p; 1. 5' setback curb cut to "p'l, [4.036 (4)h(v±i) ] Nevada Ave. North To Whom It May Concern: This is to advise you that I, Gary N. Anderson, 4039 Nevada Avenue North, New Hope, MN, have no objection to my immediate neighbor, James Wo Fackler, 4031 Nevada Ave North, New Hope, MN, replacing an existing blacktop parking hardstand, that abutts and is in fact part of his driveway, with one of con- crete. This hardstand is less than three feet from our common property line. The hardstand will be fifty five feet from my driveway. The existing hardstand is in disrepair; replacing it will upgrade the appearance of the property. G~rTX. g~erson CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-21 Request: Request for A 5-Foot Variance from the 35-Foot Rear Yard Setback Requirement to Allow Construction of at Porch Location: 3501 Xylon Avenue North PID No: 19-118-21-12-0085 Zoning: R-1 Petitioner: Michael R. Banker Report Date: July 30, 1993 Meeting Date: August 3, 1993 BACKGROUND 1. The petitioner is requesting a 5-foot variance form the 35-foot rear yard setback requirement, pursuant t'o Section 4.034(3) - New Hope Code, to allow construction of a porch. 2. The petitioner is proposing to construct a 14' x 14' (196 square fee0 porch addition on the west (rear) side of the existing "L"-shaped house. The porch would be located 30 feet from the rear yard property line, therefore a five (5) foot variance from the 35-foot rear yard setback requirement is needed. 3. The petitioner states on the application that there is no room for any rear yard addition bigger than 8 foot without a variance due to the design/placement of the home. 4. The property is located on the west side of Xylon Avenue North between 34th and 36th Avenues in an R-1 Single-Family Residential Zoning District and is surrounded by R-1 single- family land uses on all sides. 5. The existing structure meets all setback requirements. 6. The topography of the site slopes sharply downward and to the north (6 fee0 and east (9 feet) from the rear southwest comer of the property. The diagonal drop to 15 feet from the southwest to the northeast. Numerous trees exist in the rear yard. 7. Property owners within 350' of the request have been notified. ANALYSIS 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. 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5100 FAX (612) 531-51 July 27, 1993 Michael Banker 3501Xylon Ave. No. Dear Sir, I need a detailed set of plans for your proposed porch variance before noon on Tuesday, August 3, 1993, in order for the matter to be reviewed.by the Planning Commission that evening with our recommendation. Because you are asking to build closer to a lot line than is normally permitted, they have the right to verify that the aesthetics of the addition will match and enhance the original home, so as to prevent "blight" in the neighborhood. For example, you could paint the addition international orange if it met all setback requirements. But the rules change when you want them to compromise on location. I was unable to reach you, at the listed 546-8525 number. Please call, if you have any questions. Douglas C. Smith Director of Fire & Safety B din~ Offfcia B~,t~ ding flcial/Zoning Administrator cc: McDonald file Family Styled City'~~ For Family Living City of New Hope July 30, 1993 '~-~ 4401Xylon Av N New Hope, MN Attn: Doug Sanstad Gentlemen: Attached are rough sketches that I have prepared for review by the City of New Hope Planning Commission on Tuesday August 3rd. Hopefully, these drawings are adequate for assessing the asthetic impact of the planned porch. Professional-quality drawings are being prepared and will be delivered to you by 12:00 noon on Friday August 6th. I am anxious to proceed with construction of the porch and anticipate a positive recommendation from the Planning Commission and approval for the variance from the City Council. If you need additional information at any step in this process please don't hestitate to call me at home (546-8525) or work (895-2176). Sincerely, Michael R. Banker (, 35ol XYLON AvE i,,I WF_:ST ELEx,/~TION 35-Ol XyLON AVE hi NEW NO~'r'H ELEX,/RT~ 0 N CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-23 Request: Request for Preliminary Plat Approval of Northwest Church Addition Location: 8624 50th Avenue North PID No: 07-118-21-23-0103 Zoning: R- 1 Petitioner: Northwest Church of Christ Report Date: July 30, 1993 Meeting Date: August 3, 1993 BACKGROUND 1. The petitioner is requesting Preliminary Plat Approval of Northwest Church Addition, pursuant to Chapter 13 - New Hope Code, to allow subdivision of the land so that unneeded land can be sold and proceeds used to improve present church building and parking lot. 2. The purpose of the plat is to split off the property on the north with the house on it from the church property on the south. The plat would divide the property into two lots: Lot i would contain the existing church and Lot 2 would contain the existing house and detached garage. It is staff's understanding that the house would then be placed for sale. 3.The property is located at the northeast intersection of Boone Avenue and 50th Avenue North. 4. The property is located in an R-1 Single-Family Residential Zoning District and is bordered on the east and south (across 50th Avenue) by R-1 single-family homes and is bordered on the north and west (across Boone Avenue) by I-1 Limited Industrial properties. 5. The topography of the property slopes minimally down to the north and east from the church building. A drainage problem exists and water ponds at the northeast corner of the proposed Lot i adjacent to the parking lot. 6. As per routine policy, the preliminary plat was submitted to City Department Heads, City Attorney, City Engineer, utility companies, and Hennepin County for review and comment. 7. Property owners within 350' of the request have been notified. ANALYSIS 1. The tOtal area of the plat is 73,655 square feet or 1.7 acres and the existing parcel has a width of 210 feet on the north/south and a length of 350 feet on the east/west. 2. The plat subdivides the property into two (2) parcels: Lot I or "church lot" and Lot 2 or "house lot". The lot area and lot width requirements for the R-1 Single-Family Residential Zoning District are compared below: R-1 Requirement Preliminary Plat Minimum LOt Area = 9,500 sq.ft. LOt 1 (south/church) = 52,655 sq.fi. Lot 2 (north/house) = 21,000 sq.ft. Minimum Lot Width = 75 feet LOt 1 = 210 feet (on 50th Avenue) Lot 2 = 100 feet (on Boone Avenue) The two proposed lots meet the Zoning Code lot area and lot width requirements for the R-1 Zoning District. The lot areas for the two lots are switched on the preliminary plat and should be corrected. Planning Case Report 93-23 August 4, 1993 Page -2- 3. No comments were received from Hennepin County or utility companies on the plat. 4. The City Attorney reviewed the plat and made the following comments/recommendations: A. The legal description involves the West 250 feet of the Southwest Quarter of the Northeast Quarter. The plat illustration shows a 40-foot street easement plus a proposed platted area 210.04 feet in width. These add up to slightly more than 250 feet. This needs to be resolved, otherwise the owners will be platting slightly more property than they, in fact, own. B. The same situation exists for the north/south measurement. The legal description involves the North 380.66 feet of the property in question. The plat illustration shows a 30-foot street easement adjacent to a property dimension of 350.74 feet. Again, the discrepancy of .08 feet needs to be resolved. In this particular case, however, the additional .08 feet will be located within the apparent street easement because the measurement begins at the north line of the quarter quarter and goes south from there. C. If the legal description on the preliminary plat is accurate, the property is subject to 50th Avenue North and Boone Avenue North. This language indicates that the owners own the underlying fee for the land portions subject to the roadway easements of Boone Avenue North and 40th Avenue North. If the property owners do own the underlying fee, the plat should be extended to include that underlying fee and contain dedications for the roadways. On the other hand, if the fee to the "street" portion of the property has previously been deeded to the City or County, the proposed handling of the street in this plat is fine. The title evidence and other documents should provide the answer to this question. Be sure to remind the owners and developers that we will need to see evidence of title before the final plat can be approved. 5. The City Engineer reviewed the plat and made the following comments/recommendations: A. A 10' wide drainage and utility easement shall be dedicated around the perimeter of the plat. The common lot line between Lots 1 & 2 shall include a 10' wide drainage and utility easement centered over the common lot line. B. The parking lot does not include perimeter curb. It is suggested perimeter curb be constructed around the parking lot to contain drainage in accordance with City standards. The City is presently in the process of constructing a storm sewer along the east line of the plat to collect drainage from the church parking lot and the adjacent properties to the east. Present the church's parking lot drains easterly onto the adjacent properties. Due to low elevations and inadequate grades in this area the stormwater runoff ponds in the backyards of the properties east of the church. The storm sewer extension from 50th Avenue will eliminate the ponding of stormwater. The storm sewer improvement is intended to be financed solely by the City. The bid amount for the construction of $10,927.00. The City should evaluate if a cash dedication for the storm sewer improvements is justified if the church prefers not to construct the perimeter curb. The estimated cost to construct perimeter curb is $4,000- $6,000. It should also be noted the bituminous parking lot is in poor condition. C.The City should evaluate if additional landscaping is required. Page -3- D. The shared driveway and access to Boone Avenue by both lots should be reviewed. It is suggested if the Boone Avenue access is to be shared with the church, the access should be upgraded and paved. A private easement may be required between the two lots. If the Boone Avenue access is not to be used by the church, the access should be completely separated from the church's parking lot and serve only Lot 2. 6. The Building Official reviewed the plat and made the following comments/recommendations: A. Easements are needed around the perimeter 5 feet on sides and rear, 10 feet on front and streets. B. Separate driveways are needed onto Boone Avenue for both lots. Each must be at least 5 feet from the nearest side property line. NOTE: the existing garage is only 25 feet form the property line, requiring a very tiny care or a driveway variance; garage should be turned to west and shifted over to the minimum 5-foot setback, or be attached to the home. C. Drainage problem is aggravated by church lot runoff, without curbing. City Engineer should evaluate grade change of limited scope storm sewer with some curbing. D.A green buffer is needed between the church and the house lot. E. It is noteworthy to envision other possible uses for this lot, since the size, zoning and location are "odd": R-2, R-3 zones, higher density based upon 21,000 square feet as transition to industrial use at north. I-1 with house demolition, to be combined with Tool Products lot, increasing their green area (and expansion potential). RECOMMENDATION Staff recommends approval of the Preliminary Plat of Northwest Church Addition subject to the following conditions: 1. Comments/recommendations from City Attorney, City Engineer and Building Official be incorporated into the Final Plat. 2. Final Plat be submitted to Planning Commission for review/approval. Attachments: Topo/Section/Zoning Maps Preliminary Plat City Attorney Letter City Engineer Letter Building Official "Exhibit A" Plat Review Letter s4 RAILROAD,,, .. ~ I01 ST. AVE. FOI'7 ~ TN AVE, z[ALANO av~. NEW HOPE ATHLETIC , ,, 49 TH AVE. N ~= ~ 41 TN AVE ~ ~ ,. CHURCH CTOR¥ R'~ CENTER RO HOSTERMAN IW~NNETKA i SCHOOL ~ELM WORKS ATHLETIC '/ ~ >.~ .,*. SCHOOL R-4 CIVIC CITY POOL B'4 ; 'CHRIST 918.8 1-921.4 42 42 42 42 z 9]5.8 x ZEALAND AVENUE ,920.5 920.9 ~ ~908,7 x ~ ~ ~ ~ 000.4 914.~ 922.~ \ FAIRVIEW ~ [ 920.9 x LO?' ~RVEYS COMPANY.. INC. ' ', '( PRELIMINARY pi'AT ,,,.,,,,,.v......, .' -' ' '"~' " NORTHWEST CHURCH ADDITION CiTY OF NEW HOPE HEI~II~I COUNTY t~ I'''' "'' ''''~'''~'''~' .... ---- .,----~ ~. ~,, --. - .-- -' ,--,,- ";:. -- . ...-- __..,.__ ~'------,.p;...~ ~...~,~=,~.-='=~-,%...... . " ,, · \1_.-_ ~ , -' _,...,.,. ~ .... ,. .... ~~,, ' ".,, ;.' ..,,__ ,,.. gl.. r---.,... "': %%, /~ ~s~i : '~ I N.... 0 '. '~ ~"'"'"~'"" '~ <> I "__..~- '-"- , ' '-- t. ! 'l. ,' ~ % , · ...;. ',,' .,.,.; 'F -~' :-~ ...."ili~ · -' l" -/ I' * [""' '" ''~' " / ...i . . . ..~ k~--/ x-~'.,.o,, Ii I~--' ., ~ ,..~..~ . I gOTH AVENUE NO. II · F'"~ORTHERN .£:G;4T~ 2ND ADDITICN I , , ) URCH .ADDITION - HENNEPIN COUNTY Invoice #34754 F.B. 6O4-35 Northwest Church of Christ - Owner and Developer 8624 5Otb Ave. N. New Hope, ~ 55428 Phone: 424-4097 (Wilson Copeland) Prepared by: Lot Surveys Company, Inc. 7601 73rd Avenue North Brooklyn Park, ~ S5428 Phone: 560-3093 Legal Descriptiou: The North 380.66 £eet of the West 250.00 feet of the Southwest Q~arter of the Northeast Quarter of Section 7, To~n~hip 118, Range 21, Hermepin Cotmty, Minnesota Subject to 50th Avenue North. Subject to Bo~e Argue North. Present Zoning: R-I Single Family Residemtial Lot Areas: ..... . Lot 1 = 21,000 Sq. Ft. '~, ..::_.:.Lot 2 - 52,655 Sq. Benclmark: Top nuec of hydrmqt at northeast q,,~drant of Some Avenue and SC)th Avmue North Elevmtim . 928.96 f~t Note: Ik~l~m:~: mh~l~axe-.~tl s~bject to final survey CORRICK & SONDRALL A pAFITNE~IIP OF PROF~ ~o~uc~ ~w oP.c~s. Pa, Edinburgh Executive Office Plaza WILLIAM O. GORRICK STEVI/N A. ~ONOPALL P.A. 8525 Edinbrook Crossing LAVONNI= E. sTEV~N ^.SO~D~J.L ~CHAEL R. ~P,~u. SuKe #203 ~.Tm., u~c.^ Brooklyn Park, Minnesota 55443 WILLtAM C. STRA~' TELEPHONE (612) 425-~71 FAX (612) 425-5~67 July 22. 1993 Mr. Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Northwest Church Addition Preliminary Plat Our File No: 99.15036 BY FACSIMILE Dear Kirk: I have reviewed the preliminary plat of the proposed Northwest Church Addition. From my review, I note the following: 1. The legal description involves the West 250 feet of the Southwest Quarterof the Northeast Quarter. The plat illustration shows a 40 foot street easement plus a proposed platted area 210.04 feet in width. These add up to slightly more than 250 feet. This needs to be resolved, otherwise the owners will be platting slightly more property than they, in fact, own. 2. The same situation exists for the north/south measurement. The legal description involves the North 380.66 feet of the property in question. The plat illustration shows a 30 foot street easement adjacent to a property dimension of 350.74 feet. Again, the discrepancy of .08 feet needs to be resolved. In this particular case, however, the additional .08 feet will be located within the apparent street easement because the measurement begins at the north line of the quarter quarter and goes south from there. 3. If the legal description on the preliminary plat is accurate, the property is subject to 50th Avenue North and Boone Avenue North. This language indicates that the owners own the underlying fee for the land portions subject to the roadway Mr. Kirk McDonald July 22, 1993 ~'~ Page 2 easements of Boone Avenue North and 50th Avenue North. If the property owners do own the underlying fee, the plat should be extended to include that underlying fee and contain dedications for the roadways. On the other hand, if the fee to the "street" portion of the property has previously been deeded to the City or County, the proposed handling of the streets in this plat is fine. The title evidence and other documents should provide the answer to this question. Be sure to remind the owners and developers that we will need to see evidence of title before the final plat can be approved. Please contact me if you have any questions. Sincerely, Martin P. Malecha s3t2 cC: Daniel J. Donahue Steven A. Sondra11, Esq. Rosene ,,cr~ard E Turner. PE Dav,d 0 Loskoto. PE M,choe, C Lynch. pr: Gory D Kr,scohtz. PE ~ Assocl~es T~omas E Noyes. ~E Jer~ A 8ourdon. PE Jer~ O Pe~zsc~. PE Kc,ih ~ Yapp, PE Engineers & Architects oo~,~ c 8ur~ar~t, PE 0an,el ~ ~o~ P~ Leo M Pa~rsky July 28, 1993 City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 Attention: Mr. Kirk McDonald Re: Northwest Church Addition Our File No. 34-Gen Dear Kirk: We have reviewed the above plat and recommend the following: · A 10' wide drainage and utility easement shall be dedicated around the perimeter of the plat. The common lot line between Lot 1 & 2 shall include a 10' wide drainage and utility easement centered over the common lot line. · The parking lot does not include perimeter curb. It's suggested perimeter curb be constructed around the parking lot to contain drainage in accordance with City standards. The City is presently in the process of constructing a storm sewer along the east line of the plat to collect drainage from the Church parking lot and the adjacent properties to the east. Presently the Church's parking lot drains easterly onto the adjacent properties. Due to low elevations and inadequate grades in this area the storm water runoff ponds in the backyards of the properties east of the Church. The storm sewer extension from 50th Avenue will eliminate the ponding of storm water. The storm sewer improvement is intended to be financed solely by the City. The bid amount for the construction is $10,927.00. The City should evaluate if a cash dedication for the storm sewer improvements is justified ff the Church prefers not to construct the perimeter curb. The estimated cost to construct perimeter curb is $4,000-6,000. It should also be noted the bituminous parking lot is in poor condition. · The City should evaluate if additional landscaping is required. · The shared driveway and access to Boone Avenue by both lots should be reviewed. It's suggested if the Boone Avenue access is to be shared with the Church it's recommended 2335 ~/est Highway 36 · St. Paul, MN 55113 · 612-636-4600 Mr. Kirk McDonald City of New Hope Page 2 the access be upgraded and paved. A private easement maybe required between the two lots. If the Boone Avenue access is not to be used by the Church then the access should be completely separated from the Church's parking lot and serve only Lot 2. If you have any questions please contact this office. Yours truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:dh 4401 Xylon Avenue North Telephone: 612-531-5100 City Hall Fax: #612~'~.51 New Hope, Minnesota 55428-4898 TDD Line: 612-531-5109 Police Fax: #612. ,-51 Public Works Fax: #612-533-76. CITY OF NEW HOPE MEMORANDUM DATE: July 9, 1993 TO: Hennepin County Department of Transportation , Mirmegasco Northern States Power Co. U.S. West Telephone King Cable Television New Hope Director of Public Works New Hope Director of Finance/Administrative Services New Hope City Attorney New Hope City Engineer New Hope Building Official FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Preliminary Plat of Northwest Church Addition Enclosed you will f'md a preliminary plat for Northwest Church Addition. Please review and forward comments to me prior to 4:30 p.m. on Frida_v, July 23rd, 1993. The preliminary plat will be comidered by the New Hope Planning Commission at their August 3rd, 1993, meeting. If you have questions, please feel free to contact mc at 531-5119. Family Styled City'~~ For Family Living CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-25 Request: Request for Preliminary Plat Approval for Carol James Addition Location: 7105 62nd Avenue North PID No: 05-118-21-21-0002 Zoning: R-1 Petitioner: Carol James Report Date: July 30, 1993 Meeting Date: August 3, 1993 BACKGROUND 1. The petitioner is requesting Preliminary Plat Approval for the Carol James Addition, pursuant to Chapter 13 - New Hope Code. 2. The purpose of the plat is to split the existing large single-family R-1 lot into two parcels, with the new northerly lot retaining the existing single-family home and the new southerly vacant lot allowing for an additional R-1 single family residential building site. 3. The property is located at the most northeasterly corner of New Hope at the southwest intersection of 62nd Avenue and Louisiana Avenue North. 4. The property is located in an R-1 Single-Family Residential Zoning District and is bordered on the south by a single-family home and Broadway Village Apartments, both located in an R-4 High Density Residential Zoning District. The property across 62nd Avenue to the north is Brooklyn Park single-family residential and the property to the east across Louisiana Avenue is Crystal park property. 5. The topography of the property is fairly fiat with the terrain sloping gently away from the house and the proposed vacant building site being level with trees. 6. The existing property contains a home, garage, and shed. The house and shed meet the R-1 setback requirements, but the garage is setback from the side yard property line approximately four (4) feet instead of the five (5) feet required by City Code, thus an approximate one (1) foot existing non-conformity exists on the site. 7. As per routine policy, the preliminary plat was submitted to City Department Heads, City Attorney, City Engineer, utility companies, and Hennepin County for review and comment. 8. Property owners within 350' of the request have been notified, including the City's of Brooklyn Park and Crystal. ANALYSIS 1. The total area of the plat is 24,058 square feet, or .55 acres, and the existing parcel has a width of 100 feet on the north/south and a length of 240 feet on the east/west. Planning Case Report 93-25 August 3, 1993 Page -2- 2. The plat subdivides the property into two (2) parcels. The lot area and lot width requirements for the R-1 Single-Family Residential Zoning District are compared below: R-1 Requirement Preliminary_ Plat Minimum Lot Area -- 9,500 square feet Lot 1 (north) = 13,000 square feet Lot 2 (south) = 11,058 square feet Minimum lot Width -- 75 feet Lot 1 = 100 feet (on 62nd Avenue) Lot 2 = 110 feet (on Louisiana Av.) The two proposed lots meet the Zoning Code lot area and lot width requirements for the R-1 Zoning District. 3. No comments were received from Hennepin County or utility companies on the plat. 4. Per the attached "Exhibit A" prepared by the Building Official, the lot depth on the new vacant lot is marginal, slightly limiting future expansion potential. The "buildable yard" is 3,325 square feet, but is only 35 feet deep. A typical 24-foot wide house could only have an 11 foot addition on the rear. However, in this location the rear yard setback is not necessarily a sensitive location because the lots to the immediate west are 240 feet deep with a park-like treed area directly to the west. 5. The City Attorney reviewed the plat and made the following comments/recommendations: A. Though the preliminary plat does not say so, the property appears to be zoned R-1. B. The garage appears to be located approximately 4 feet from the westerly property line. The required sideyard setback for this property is 10 feet (Code §4.034(3)). C. This may also be a good time to remind the owners that they must supply appropriate evidence of title to show their ownership and the existence of any encumbrances on the property. 6. The City Engineer reviewed the plat and made the following comments/recommendations: A. Before the plat is approved it is recommended the developer show how drainage will be conveyed across Lot 2. B. Drainage and utility easements 5' in width shall be provided along ail lot lines except the south lot line of Lot 2 where a 10' wide easement is required. C. Sewer and water service shall be provided form existing utilities in Louisiana Avenue. The developer shall review with Public Works if sewer and water stubs are available in Louisiana Avenue. 7. The Building Official reviewed the plat and made the following comments/recommendations: A. Plat should be labeled with LOTS 1 & 2. B. Easements are needed at perimeters: 5 feet - side and rear; 10' along streets. C. Evidence of title was submitted. D. The existing garage may be 4 feet from the side property line, 12" less than our minimum, but it is not significant. E. City Engineer should advise us on the flat lot and area drainage. F. Coordination with Crystal is likely needed on utility connections. G. Although not directly related to the plat, the lilac bushes located on the City boulevard within the site triangle should be removed. Planning Case Report 93-25 August 3, 1993 Page -3- RECOMMENDATION Staff recommends approval of the Preliminary Plat of Carol James Addition subject to the following conditions: 1. Comments/recommendations form City Attorney, City Engineer, and Building Official be incorporated into Final Plat. 2. Final Plat be submitted to Planning Commission for review/approval. Attachments: Topo/Section/Zoning Maps Preliminary Plat City Attorney Letter City Engineer Letter Building Official "Exhibit A" Plat Review Letter MEADOW I ' LAKE OOROTHY & PARK R.4 VILLAGE GREEN GOLF COUR'~' ST. THERESA NURSING HOSTERMAN JR HIGH SCHOOL ~Y LANE AVE. N AVE O. OVEROALE \ ~,70'7 PRELIMINARY PLAT CAROL JAMES 62ND AVENUE NORTH ,871.o, ~ NORTH LINE 0¢ NW ~/4, S~C 5,T. il8,R.2I 'CiI.M.-- - -644.5 T.C. T.C. T~.B. 8~1.23 871~ 8~.83 STL9 ~'-I -- t~.O0 EAST-- i 0 874,7 ~ , ~ ~ ~ 871.4 ~ ..... I00.00 S89*5TOI"E- 62ND AVENUE NORTH, ~eT,.o, P')~c~ -- ~ NORTHT.C. ·LIN~" OF 1.23 NW~ , , SEC.5,T. 118,R.ZI 871J30 T.C. . 7h9 ,. -..... I00.00 EAST .... ~ ~; , z , / ~ , t 8 ' '~- , '[0~. ~ EXISTING · - \ / o ~ .... ~o0 - _ , d = B~l.3 = Z t 871.4 ..... I00,00 S89°57DI"E ..... 30 30 Carol N. James - Owner and Developer 7105 62nd Avenue North .~-~ New Hope, Minnesota' 55428 Hy-Land Surveying, P.A. 7845 Brooklyn Blvd. Brooklyn Park, MN 55445 Legal Description: The West One Hundred (100) feet of that part of the East One Hundred thirty (130) feet of the Northeast Quarter (NE1/4) of the Northwest Quarter (NWl/4) of Section Five (5), Township One Hundred Eighteen (118), Range Twenty-one (21) lying North of the following described line: Beginning at a point in the Center line of the Osseo Road distant Two Hundred seventy-five and sixty-one hundredths (275.61) feet Southerly along said Centerline from its intersection with the North line of said Section Five (5), thence Easterly to a point which point is described as follows: Beginning at a point in the North line of said Section Five (5), distant Six Hundred forty-four and five-tenths (644.5) feet East of the intersection of said North line with the Northeast corner of said Northeast Quarter (NE1/4) of the Northwest Quarter (NWl/4), thence deflecting to the right One Hundred Four degrees Forty Minutes (104° 40') and running Southwesterly Two Hundred eight-nine and eight-tenths (289.8) feet to said point; except the Northerly Thirty-three (33) feet thereof. Hennepin County, Minnesota. All distances approximate subject to final survey. Benchmark Top of hydrant Southwest quadrant 62nd and Louisiana Elevation - 874.83 feet Invoice No. 2644 Field Book No. 126/12 Total Area - 24,058 Square Feet Lot 1 - 13,000 Square Feet Lot 2 - 11,058 Square Feet I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this ~+~, day of ~'~\~ , 199~. Milton E. Hyland Minnesota Registration No. 20262 CORRICK & SONDRALL A pA~TNEF~HIP OF PROFE~t/d. conn,CKw...auu, w oF~c~s,j, con.~K~a' Edinburgh Executive Office Plaza STEVEN A. ~ONORALL. P.A. 8525 Edtnbrook Crossing ~vo..a STEV~N A.SONDRALL M,C.~EL .. UFLEU. Suite #203 SHARON O. DERBY ~n. P. M~c.^ Brooklyn Park, Mtnnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5~87 July 21, 1993 Mr. Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Carol James Addition Prel iminary Plat Our File No: 99.15035 Dear K1 rk: I have reviewed the preliminary piat of the proposed Carol James Addition. From my review, ! note the fo31owing: 1. Though the preliminary plat does not say so, the property appears to be zoned R-1. 2. The garage appears to be located approximately 4 feet from the westerly property line. The required sideyard setback for th~s property ~s 10 feet (Code §4.034(3)). This may a~so be a good time to rem~nd the owners that they must supply appropriate evidence of tit~e to show their ownership and the existence of any encumbrances on the property. P~ease contact me if you have any questions. Sincerely, Martin P. Malecha s3w cc: Daniel J. Donahue Steven A. Sondra~, Esq. 4401 Xylon Avenue North Telephone: 612-531-5100 City Hall Fax: #612-~%15 New Hope, Minnesota 55428-4898 TDD Line: 612-531-5109 Police Fax: #612-531-517 Public Works Fax: #612-533-765 CITY OF NEW HOPE MEMORANDUM DATE: July 12, 1993 TO: Hennepin County Department of Transportation ' Minnegasco Northern States Power Co. U.S. West Telephone. King Cable Television New Hope Director of Public Works New Hope Director of Finance/Administrative Services New Hope City Attorney New Hope City Engineer New Hope Building Official FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: 'Preliminary Plat of Carol James Addition Enclosed you will find a preliminary plat for Carol James Addition. Please review and forward comments to me prior to 4:30 p.m. on Friday, July 23rd, 1993. The preliminary plat will be considered by the New Hope Planning Commission at their August 3rd, 1993, meeting. If you have questions, please feel free to contact me at 531-5119. Family Styled City '~~ For Family Living CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-22 Request: Request for A Conditional Use Permit to Allow Erection of Communication Support Structure and Antennas Location: 3877 Independence Avenue North PID No: PID 18-118--21-32-0042 Zoning: R-1 Petitioner: Kirk Huber Pengelly, Jr. Report Date: July 30, 1993 Meeting Date: August 3, 1993 BACKGROUND 1. The petitioner is requesting a Conditional Use Permit to Allow Erection of Communication Support Structure and Antennas, pursuant to Section 4.023(3) - New Hope Code. 2. The petitioner is proposing to erect a communication support structure of 49 feet plus antennas to allow-for effective and reliable amateur transmission and reception under F.C.C. regulations. 3. The proposed radio tower would be 49 feet in height and the antennas would be 11 feet in height for a total height of 60 feet. City Code requires a Conditional Use Permit for radio towers in excess of 35 feet. 4. The petitioner is a licensed amateur radio operator and the F.C.C. has granted the petitioner a radio station license for his residence at 3877 Independence Avenue North. The petitioner is also a licensed Military Affiliate Radio Systems (MARS) operator. 5. The petitioner indicates that the support structure is a sturdy, well-designed commercially manufactured amateur/commercial support structure which will be installed according to all manufacturer's guidelines. 6. The tower/antenna would be located in the center rear yard of the petitioner's property behind the existing home and would be installed on a 4x4x4 concrete pad, with 40' support ties. The existing rear yard is fenced. 7. The existing structure meets all setback requirements. 8. The property is located near the intersection of Independence and Hillsboro Avenues in an R- 1 Single-Family Residential Zoning District and is surrounded by R-1 single-family land uses. 9. Property owners within 350' of the request have been notified and several residents have stopped at City Hall to review the plans. Several neighbors have written letters in opposition to the tower and one neighbor has written indicating support for 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 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 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 93-22 August 3, 1993 Page -2- 2. 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: 1. In Residential Districts (R-I, R-2. R-3. R--4, R-5. R-O): a. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. b. Screening. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. c. Compatible Appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. 3. City Code Section 4:032(3)j, "Communication Receptions/Transmission Devices", states that satellite dishes, television and radio antennas and other communications transmission/reception devices are permitted accessory uses within all zoning districts provided they meet the following conditions: A. Height. The communication device height shall not exceed twenty feet from ground level. B.Yards. The communication device shall not e located within the required front yard or side yard setback, or any side yard abutting a street. C. Roofs. If vegetation or obstructions interfere with signals at a location in any allowable placement area, the communication device may be placed on the roof of any authorized structure on the premises. D. Setbacks. The height of the communication device may exceed five feet above the peak of the roof only by conditional use permit. Connnunication devices shall be located five feet or more from all lot lines of adjoining lots and shall not be located within a utility easement. E. Building Permits. A building permit shall be required for the installation of any communication device required a conditional use permit. Building permit applications shall be accompanied bY a site plan and structural components data for the communication device, include details of anchoring. The Building Official must approve the plans before installation. F. Lightning Protection. Each communication device shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City of New Hope. Planning Case Report 93-22 August 3, 1993 ~ Page -3- G. Electrical Code. Communication device electrical equipment and connections shall be designed/installed in conformance with National Electrical Code as adopted by City of New Hope. H. Color/Content. Communication devices shall be of a neutral color and any ~- - lettering or scenes contained on said device qualifying it as a sign shall be subject to regulations of the New Hope Sign Code. I. Effective Date. The provisions of this section shall be applicable to all communication reception/transmission devices erected after April 7, 1988. All such structures existing prior to this date shall be addressed as legal non-conforming uses. 4. The Conditional Use Permit option for taller devices allows for input from the most affected property owners. In the past the City has approved many of these taller antenna for businesses and a few for single-family homeowners. The last similar request was approved in Planning Case 82-28 at 8500 33rd Avenue North. It was identical in height to this request. 5. The petitioner has submitted a great deal of information regarding towers and amateur radio operations (please take time to review the material). 6. The neighbor residing directly across the street at 3868 Independence Avenue has submitted the enclosed letter stating that they have no problem with the installation of the communications antenna and support structure in his backyard. 7. The following property owners have submitted letters in opposition to the installation of the tower (4 live directly in back of the petitioner): Theodore Melloh, 9225 Northwood Parkway Glenn Farmer, 9201 Northwood Parkway Diane Libra, 9217 Northwood Parkway Dale Hertle, 9232 Northwood Parkway Donald Zila, 9209 Northwood Parkway Major concerns expressed in the letters include: A. Possible tower collapse B. Attractive nuisance C. Diminished property values D. Re-sale of homes E. View of tower RECOMMENDATION If the concerns of the neighbors opposing the installation of the tower can be satisfactorily addressed by the applicant, stall would recommend approval, subject to the following conditions: 1. Installation of six (6) foot tall security type fence around rear yard or at least the base of the tower. 2. Annual review by staff. Attachments: Topo/Section/Zoning Maps Petitioner Letter Site Plan Tower Elevations/Details Letter in Support Letters in Opposition with Map Building Official Exhibit "A" Antenna Height & Communications Effectiveness NORTHWOOD PARK , /.i R.4 ¢~Ys'r,~L tREE C~URC~ POOL GETHSEMANE CEMETERY I-1 , , ...,~ T F / CHURCH R-4 ELEMEN?&RY SCHOOL ~3 899. I ~ ~~ 0 ~ ~ ~ ~ ~0 899. 904,2 0 903. ~ QgO ] · 5 904.7 898.8 ~ 904 · ~ X 905.8 9O4 · 2 903.8 903.3 ~ HF_..HHE, p~M ~ PLAN DEOLARATION ! CER~ ~ATI ~ ~E EROPER~ O~ER OR O~ER'S REPRESENTATIVE AND T~T ~IS N I~OMP~E AND ACCURATE. .~~ DATE Jrtr~m~rtc~ AV~HLI~ Forward Oal,, dBd 8 swn !.2:1 Typical ~:t ~endwldlh klfz Power Rallng, Walls PEP goem Length, fl (m) 14 (4.27) Lo~ggst Elemenl, fl (m) 27.75 (8.45) Tur~htg ~adlus, fl (m} 15~50 (4 7~) Wind Load, fl~ (m3 4.38 (0.47) /\ 2~ BX - Z- 3 - 4 HR X- 2~ /2 B~- /- 2- 3-~ ~X- 32 G /20 32 B x - z- 3 - 4-~ ~g~ - 32 12 M 0 ~x- 3-d-X- 6 HDBX - 32 ]8 360 BX-/-P- 3- ~-~ ~-~0 6 /20 ~0 B~- 2- 3 -~- ~- 6 HPX-40 /0 200 BX- 3 - 4-~- G- 7-8 ~D~X- ~ 18 3dO ~6 BX, TOWERS For TV, Ham, CB Installations EXTRA HEAVY DUTY .~ HDBX Our Heaviest BX ToWigr H;t§ Sam~ structural featur;! as BX U¢ to 18 Sq. ft. antenna ca~aci~ specifications) [see Available Id a8~ in ~' sections Towers As Packed For Shipping BX, HBX, and HDBX series towers are Shipped with all necessary sections, appropriate top and rotor plates, and hardware. An 8' mast (M8) is also shipped with BX series towers but is not shipped with ~=..~ HBX and HDBX series towers. BASE MUST BE ORDERED SEPARATELY. Bases (BXB, BXHC, and BXCA) are illustrated on back page. Refer to parts lists for additional information. Note: The part number for each section and brace is stamped into each part.., making for easier identification when attempting, to identify for replacement parts or adding to an existing tower. Copyright 1986 ROHN · All rights reserved. Specifications Subject To Change Without Notice. ~'~ TM ~ ~~ 111'1 City Council City of New Hope 4401Xylon Avenue North New Hope, MI~ 55428 Dear Council Members, I am writing this letter on behalf of our neighbor, Kirk Pengelly, who lives across the street from our home. Kirk has been in touch with you regarding the installation of a communications antenna and support structure in his backyard. We have no problem with Mr. Pengelly installing the antenna/support system. He has talked with us about it and explained what it is to be used for. If you have any questions, please give me a call (544-3018). Sincerely, Marilyn G. Brecht 3868 Independence Ave. No. New Hope, MN 55427 DALE HERTLE 9232 Northwood Pkwy. NEW HOPE, MN 55427 (612) 54~5'7~ C'~ ty of New Hope DA, TE July29, 1993 4401 Xylon Ave. No. New Hope, MN SUBdECT: Planning Case 93-22 Attn: New Hope Planning Co~ission This memo is directed to ~ your attention for consideration as you make a decision regarding a request for a conditional use permit to allow erection of co~r~unication support structure and antennas at 3877 Independence Avenue North. Building a sixty foot tower along with the necessary base and %h~ support wires strung around the yard to hold the tower in place will be a definite eye sore to a quiet neighborhood. If construction of this tower would enhance the beauty of our neighborhood, I would be in favor of it, but in that it will detract from the beauty of the neighborhood and therefore reduce the value of property in the area I am definitely opposed to const~e- tion of a tower in this neighborhood. I do not want to be looking out my front windows at a tower in a neighbors back yard. When the present homeowner moved to this area he knew the home was not on hill or elevated site and an antenna would be required to give good reception to his radio equipment. I believe there are other alternatives open to him rather than this tower which will permanently be an eye sore and de~-alue our property. Thank you for allowing me to express my opposition to th~ permit. Copy: John Libra SIGNED k ti ,. _ _ reply J--]No reply necessary To: New Hope City Council: We live at 9201Northwood Park~ way and are in visual contact with the proposed site of proposed tower at 3877 Independence Ave. N. We protest this tower and do not think it will add to the beauty of our neighborhood, nor is it necessary for the protection of our citizens as an adjunct to the Police and Fire protection we have. We respectfully request that this conditional use permit be denied. We have lived here since 1968 and enjoy the amenities that New Hope provides and this item will not increase such amenities. Yours truly, ~3,0 0 0 \ Re: Pengelly t~e~ ~ 3877 Independence Ave. No. ~/z~/~3 Property ~ers Opposed: Supportive " A F CERTIFY THAT I AM 'I'HE PROPERTY OWNER OR OWNER'S REPRESENTATIVE[AND THAT THIS Antenna Height and Communications Effectiveness By Gerald L. Hall, KITD Associate Technical Editor Copyright © 1987 The American Radio Relay League, Inc. 225 Main Street Newington, CT 06111 * * * EXECUTIVE SUMMARY* * * Amateur Radio communications between two satisfactory, while the same antenna at 70 feet is quite distant points on the earth rely on signals propagating satisfactory. The 70-foot height is used only for the through the ionosphere. Acting as somewhat of a mirror purpose of illustration, however, and should not be at heights in the order of 150 miles, the ionosphere construed as the optimum height for antennas. Heights returns signals to the earth a thousand or more miles above 100 feet will give significantly better performance away. than at 70 feet. The vertical angle of radiation is the Key factor in If an amateur operator is restricted to the use of Iow determining effective communications distances beyond antennas, it is reasonable to assume he will obtain more line of sight. For the greatest possible communications powerful transmitting equipment to compensate for the distance, the energy from the transmitter must be loss of antenna effectiveness. For example, he might radiated at angles close to the horizon. For this to take increase his transmitter power from 500 watts to place, a horizontal antenna must be placed high above 1.5 kilowatts, to compensate for a three-fold loss in the ground in terms of wavelengths. The length of a radio antenna effectiveness because of height limitations. This wave is inversely related to its frequency, increase in power, in turn, increases the possibilities for A beam type of antenna at a height of 70 feet or his signal to overload nearby television and radio more will provide greatly superior performance over the receivers, creating interference for viewers and listeners. same antenna at 35 feet, all other factors being equal. A high amateur antenna provides a greater degree To a distant receiving station, a transmitting antenna at of immunity from television interference than does a Iow 70 feet will provide the effect of approximately 3 to 4 antenna. The sole source of radiated RF energy from times more transmitter power than the same antenna at the Amateur Radio station is its antenna. Raising that 35 feet. Depending on the level of noise and interference, antenna to an increased height, well above the level of . this performance disparity is often enough to mean the existing antennas for television reception, will reduce the difference between making distant radio contact with possibility of interference to television reception from fairly reliable signals, and being unable to make distant fundamental overload. contact at all. Thus, the antenna at 35 feet is un- Antenna Height and Communications Effectiveness By Gerald L. Hall, K1TD Associate Technical Editor The purpose of this-p~per is to provide general information about communications effectiveness as related to the physical height of antennas. The performance of horizontal antennas at heights of 35 and -.~ · ,- ................. . .., 70 feet is examined in detail. Vertical arrays are not considered here because at short-wave frequencies, over average terrain and at Iow radiation angles, they are less effective than are horizontal antennas. ~/f // /, Ionospheric Propagation Frequencies between 3 and 30 megahertz (ab- breviated MHz) are often called the "short-wave" bands. Fig 1--A simplified cross-sectional representation of In engineering terms this range of frequencies is defined ionospheric propagation. Typically the F layer exists at as the high-frequency or HF portion of the radio a height of 150 miles above the earth at mid-latitudes. The distance between the transmitter and the receiver spectrum. HF radio communications between two points may range from a few miles to 2500 miles under that are separated by distances of more than about normal conditions. 15 to 25 miles depend almost solely upon propagation of radio signals through the ionosphere. The ionosphere is a region of the earth's upper atmosphere which is earth between two distant points, and the apex of the ionized by ultraviolet rays received from the sun. triangle is the point which represents refraction in the The ionosphere has the property that it will refract ionosphere. If all the necessary conditions are met, the or bend radio waves which pass through it. However, radio wave will travel from the first point on the earth's the ionosphere is not one single "blanket" of ionization, surface to the ionosphere, where it will be bent suf- Instead, for reasons not fully understood, a few discrete ficiently to travel to the second point on the earth, many layers are formed at different heights above the earth, hundreds of miles away. From the standpoint of radio propagation, each ionized Of course the earth's surface is not a flat plane, but layer has distinctive characteristics, related primarily to instead is curved. High-frequency radio waves behave. different amounts of ionization in the various layers. The in essentially the same manner as light waves--they ionized layer which is most useful for HF radio corn- tend to travel in straight lines, but with a slight amount munications is called the F layer, of downward bending caused by refraction in the air. For The F layer exists at heights varying from approxi- this reason it is not possible to communicate by a direct mately 130 to 260 miles above the earth's surface. Both path over distances .greater than about 15 to 25 miles the layer height and the amount of ionization depend in this frequency range. The curvature of the earth upon the latitude,from the equator, the time of day, the causes the surface to "fall away" from the path of the season of the year, and upon the level of sunspot activity, radio wave with greater distances. Therefore, it is the Sunspot activity varies generally in cycles that are ionosphere that permits HF radio communication to be approximately 11 years in duration, although short-term made between points separated by thousands of miles. bursts of activity may create changes in propagation The range of frequencies from 3 to 30 MHz is unique conditions that last for less than an hour. The ionosphere in this respect, as ionospheric propagation is not is not homogeneous, and is undergoing continual consistently supported for any frequencies outside this change. The F layer disappears at night in periods of range. Iow and medium solar activity, as the ultraviolet energy One of the necessary conditions for ionospheric required to sustain ionization is no longer received from communications is that the radio wave must encounter the sun. The amount of bending that will be imparted the ionosphere at the correct angle. This is illustrated to a passing radio wave is related directly to the intensity in Fig 2. Radio waves which leave the'earth at high of ionization in this layer, and to the frequency of the angles above the horizon may receive only very slight radio wave. bending, and are then lost to outer space. For the same A triangle may thus be used to portray the cross- fixed frequency of operation, as the radiation angle is sectional path of ionospheric radio.wave travel, as shown lowered toward the horizon, a point is reached where in Fig 1. The base of the triangle is the surface of the the bending of the wave is sufficient to return the wave Fig 2--Behavior of radio waves encountering the ionosphere. Rays entering the ionized region at angles above the critical angle are not bent enough to be returned to earth, and are lost to space. Waves entering at angles below the critical .~ngle reach the earth at increasingly greater distances as the angle approaches the horizontal. The maximum distance that may normally be covered in a single hop is 2500 miles, Greater distances may be covered with multiple hops. to the earth. At successively lower angles, the wave bundle. The earth also scatters the energy at a reflection returns to the earth at ~r~creasing distances, point. Thus, only a small fraction of the transmitted If the radio wave leaves the earth at a radiation angle energy reaches a distant receiving point. of zero degrees, just toward the horizon (or just tangent Again refer to Fig 2. Two radio paths (heavy lines) to the earth's surface), the maximum distance that may are shown from the transmitter to Point B, a 1-hop path be reached under usual ionospheric conditions is and a2-hop path. Measurements indicate that although approximately 2500 r.]iles (4000 kilometers). However, there can be great variation in the ratio of the two signal the earth itself acts as a reflector of radio waves. Quite strengths in a situation such as this, the signal power often a radio signal will be reflected from the reception received at Point B will generally be from five to ten times point on the earth into the ionosphere again, reaching greater for the 1-hop wave than for the 2-hop wave. (The the earth a second time at a still more distant point, terrain at the mid-path reflection point for the 2-hop wave, As in the case of light waves, the angle of reflection the angle at which the wave is reflected from the earth, is the same as the angle of incidence, so a wave striking and the condition of the ionosphere in the vicinity of all the surface of the earth at an angle of, say, 15° is the refraction points are the primary factors in reflected upward from the surface at the same angle, determining the signal-strength ratio.) Signal levels are Thus, the distance to the second point of reception will generally compared in decibels, abbreviated dB. The be approximately twice the distance of the first. This decibel is a logarithmic unit. Three decibels difference effect is also illustrated in Fig 2, where the signal travels in signal strengths is equivalent to a power ratio of 2:1: from the transmitter at the left of the drawing via the a difference of 10 dB equates to a power ratio of 10:1. ionosphere to Point A, in the center of the drawing. From Thus, the signal loss for an additional hop is about 7 to Point A the signal travels via the ionosphere again to 10 dB. Point B, st ~.he right. Signal travel from the earth through The additional loss per hop becomes significant at the ionosphere and back to the earth is called a hop. greater distances. For a simplified example, a distance Under some conditions it is possible for as many as four of 4000 miles can be covered in 2 hops of 2000 miles or five signal hops to occur over a radio path, but no more each or in four hops of 1000 miles each. For illustration, than two or three hops is the norm. In this way, HF assume the loss for additional hops is 10 dB, or a 1/10 communications can be conducted over thousands of power ratio. Under such conditions, the 4-hop signal will miles, be received with only 1/100 the power or 20 dB below With regard to signal hopping, two important points that received in two hops. The reason for this is that only should be recognized. First, a significant loss of signal 1/10 of the 2-hop signal is received for the first additional occurs with each hop. Lower layers of the ionosphere (3rd) hop, and only 1/10 of that 1/10 for the second absorb energy from the signals as they pass through, additional (4th) hop. It is for this reason that no more than and the ionosphere tends to scatter the radio energy in four or five propagation hops are useful; the received various directions, rather than confining it in a tight signal becomes too weak to be heard. 2 eo9° ,, ~'~"~/~ ,i .. f i i ! Table 1--Propagation Distance versus ~° It'////~ i ~!26~M.t1 Radiation Angle ~o [~ ~ (Data extracted from Fig 3) ~o ~ ~ ~ Radiation Optimum ~ ~ ~ ~ ~ngle, Prooagatlo~ 2o ~ Degrees Distance, .Miles ~ '~ .~,o 4 2100 ~ ~ , ~/~/~////~://~ 8 1650 ~ 8 ~ ~/~/~//~ , soo ~ ~r~ ~~/~ 15 1200 ~ ~ ~~ ~ 2o ~ ooo [ ~ [ i ~ 40 450 , ~ : Scientists and engineers recognize that modes ~oo ~oo~ ,~oo ~ooo ~s~°° other than signal hopping account for the propagation s,~L~ ,o~ ~,ST~C~ of radio waves over thousands of miles. However, : ~, x, ~o,.~ [ studies of actual radio propagation in which the writer has pa~icipated have displayed signals with as many as Fig 3--Distance plotted against wave angle (one-hop 5 hops, so the hopping mode is one distinct possibility.2 transmission),for the nominal range of visual heights Whatever the propagation mode, there is unanimous for the E and F2 layers, and for the F1 layer. agreement that the most effective ~mmunications at HF most ohen accompany the lowest radiation angle. The second impo~ant point to be recognized in multihop propagation is that the trigonomet~ of the first Horizontal Antennas hop generally establishes the trigonometw for all A simple antenna that is commonly used for HF succeeding hops. And it is the radiation angle at the communications is the horizontal half-wave dipole. The transmitter which sets up the trigonometw for the first dipole is a straight length of wire (or tubing) into which hop. Solving a propagation triangle is simplified with the radio-frequency energy is fed at the center. Because of aid of the graph in Fig 3: In this graph the radiation angle its simplicity, the dipole may be easily subjected to in degrees is given on the left, and the single-hop theoretical pedormance analyses. Fu~her, the results distance for the effective layer height along the boEom, of proper analyses are borne out in practic~or these Table 1 shows the optimum propagation distance for reasons, the half-wave dipole becomes a ~nvenient various radiation angles. The data for this table was read pedormance standard against which other antenna from the graph of Fig 3, based on an assumed F-layer systems can be compared. The dipole antenna, when height of 131 miles, viewed from one end, radiates an equal amount of power . From Table 1, if the radiation angle from a given in all directions. transmi~ing antenna is concentrated at 30°, the first and Because the each acts as a reflector for HF radio succeeding hops in radio propagation will span about waves, the directive propedies of any antenna are 650 miles each. With a usable m~imum limit of five hops modified considerably by the eaAh underneath it. if a under the best of conditions, one can project that dipole antenna is placed horizontally above the eadh, the greatest distance for optimum communications for most of the energy radiated downward from the dipole a 30° wave angle is five times 650 miles, or 3250 miles, is reflected upward. The reflected waves combine with For effective communications over greater distances, it the direct waves (those radiated at angles above the would be necessa~ to lower the radiation angle at the horizontal) in various ways, depending on the height of transmi~er antenna site. As will be discussed sho~ly, this the antenna, the frequency, and the electrical character- can be done only by increasing the height of the hori- istics of the ground under and around the antenna. zontal transmitting antenna. At some veAical angles a~ve the horizon, the direct Although the discussion in the preceding para- and reflected waves may be exactly in phase--that is, graphs has been in terms of a transmitting antenna, the the maximum signal or field strengths of both waves are same principles apply when the antenna is used for reached at the same instant at some distant point. In this reception. A high antenna will receive Iow, angle signals more effectively than will a Iow antenna. The point of these several paragraphs may be summarized briefly: ~From The ARRL Antenna B~k, 14th ~ition, Chapter 1, Fig 12. ~HF backsca~er studies by Ra~heon ~mpany under contract The ve~ical angle of radiation is the key factor in with Rome Air Development Center, Griffiss AFB, NY. A pa~ determining effective communications distances of this study was done at Ra~heon's South Dadmouth, beyond line of sight. Mass. field site, Jan-Jun, 1960. 3 9o Table 2--Electrical Heights For Amateur Bands 6o~ ~ below 30 MHz , 35 feet 70 feet , physical physical Frequency height height 1.8 MHz 0.06 wavelength 0.13 wavelength 3.5 0.12 0.25' , 7.0 0.25 0.50 o '~.'~ r"~-4-m'~,, i I lo 44.0 o.5o 1.oo 18.1 0.64 1.29 21.0 0.75 1.49 Fig 4--Elevation-plane pattern for a horizontal dipole at 24.9 0.89 1.77 a height of 1/t wavelength (solid line) and in free space 28.0 1,00 t.99 (broken line). above the horizon is represented in the same fashion 9o that angles are measured on a protractor. The concentric ~o~~O~'~ 'r ' circles are calibrated to represent ratios of field ,-~ ~-.~ -----L_ ' ~ strengths, referenced to the strength represented by the '~- outer circle. The circles are calibrated in decibels. ~ " ~ Diminishing strengths are plotted toward the center. 3~,~ 3o Antenna heights are usually discussed in terms of ~ '~' wavelengths. The reason for this is that the length of a !~!~ radio wave is inversely proportional to its frequency. Therefore a fixed physical height will represent different O O electrical heights at different radio frequencies. For example, a height of 70 feet represents one wavelength Fig 5--Elevation-plane pattern for a horizontal dipole at at a frequency of 14 MHz. But the same 70-foot height a height of I wavelength (solid line) and in free space represents only 1/2 wavelength for a frequency of 7 MHz. (broken line). For physical antenna heights of 35 and 70 feet, Table 2 shows the electrical heights in wavelengths for ail the amateur bands below 30 MHz. case the resultant field strength is equal to the sum of The lobes and nulls of the pattern of Figs 4 and 5 the two components. At other vertical angles the two illustrate what was described earlier, that the effect of waves may be completely out of phase at some distant the earth beneath the antenna is to increase the intensity point--that is, the fields are maximum at the same of radiation at some vertical angles and to decrease it instant but the phase directions are opposite. The at others. At a height of 1/2 wavelength (Fig 4), the resultant field strength in this case is the difference radiated energy is strongest at a radiation angle of 30°, between the two. At still other angles the resultant field an angle which was determined earlier to provide a will have intermediate values. Thus, the effect of the maximum effective communications distance of about ground is to increase the intensity of radiation at some 3250 miles under the conditions assumed. The pattern vertical angles and to decrease it at others. The elevation of Fig 4 represents the radiation from a dipole for 14 MHz angles at which the maxima and minima occur depend at a height of 35 feet. primarily on the antenna height above ground. (The As the horizontal antenna is raised to even greater electrical characteristics of the ground have some slight heights, additional lobes are formed, and those that ex~st effect.) move closer to the horizon. But yet the maximum If the earth is considered to be a perfect reflector, amplitude of the existing lobes is not diminished. As straightforward trigonometric calculations can be made may be seen from Fig 5, for an antenna height of to determine the relative amount of radiation intensity 1 wavelength, the energy in the lower lobes is strongest at any vertical angle for any dipole height. Graphs from at 15°. And Table 1 indicates that the optimum such calculations may be plotted as circular or polar propagation distance per hop for 15° is 1200 miles. diagrams, called radiation patterns. Fig 4 shows the Under the very same conditions as before, 5-hop vertical radiation pattern for a dipole antenna positioned propagation, one may see that the greatest distance for one-half wavelength above the ground, viewed from one optimum communication now is 5 x 1200 or 6000 miles. end, and Fig 5 for a height of one wavelength. The The pattern of Fig 5 represents a 14-MHz dipole at a radiation from the dipole if in free space is shown by the height of 70 feet. Thus, for the conditions assumed, the broken lines, and appear as semi-circles, optimum communications distance has been extended In the plots of Figs 4 and 5, the radiation angle from 3250 miles to 6000 miles, merely by raising the antenna from 35 to 70 feet. Even greater heights would provide still greater communications distances under the same conditions.300 ~o ~o6o The radiation angle of the lowest lobe for a hori- zontal antenna above the ground may be determined mathematically: where 270; 9o ¢ = the wave angle or radiation angle h = the antenna height above ground in wavelengths (see Table 2) In short, the higher the horizontal antenna, the lower 24ok k /% ~,../ T ~ ~< /-~ / z is the lowest lobe of the pattern. Therefore, the higher an HF antenna can be placed, the farther it will provide effective communications because of the resulting lower radiation angle. This is true for any horizontal antenna. 180 Electrical Characteristics of HF Antennas Fig 6--Computer-calculated azimuth-plane radiation As mentioned previously, a dipole antenna, when pattern for a horizontal 3-element Yagi array (solid viewed from one end of the conductor, radiates an equal line), and for a comparison dipole (broken line). amount of p. ower in all directions. The plotted radiation pattern is a perfect circle. If the dipole is vertical, this circle represents the azimuth coverage, with an equal amount of power radiated in every compass direction. For point-to-point communications, however, it is bene- ficial to concentrate the radiated energy into a beam which is aimed toward a single distant point. An analogy ~~'~'"'//~ ~iz ~~o~ can be made by comparing the light emanating from a bare electric lamp to that from an automobile headlight. For illuminating a distant point, the headlight is far more effective, o . . o Antennas designed to concentrate the radiated energy into a beam are called beam antennas. For a fixed amount of transmitter power fed to the transmitting antenna, beam antennas provide increased signal strength at a distant receiver. In radio communications, the use of a beam antenna is also beneficial during reception, because the antenna pattern for transmission ~s the same as for reception. A beam antenna helps to reject signals from unwanted directions, and in effect boosts the strength of signals received from the desired Fig 7--Computer-calculated elevation-plane or vertical- direction. ~ profile pattern of a horizontal Yagi array, solid line, and The increase in signal or field strength which a beam for a comparison dipole, broken line. These patterns antenna offers is frequently referenced to a dipole are those seen from the ends of the elements with the antenna by a term called gain. Gain is commonly antennas in free space. expressed in decibels. One type of beam antenna is a Yagi, named after one of its Japanese inventors, the theoretical gain of this array, determined througl Different varieties of Yagi antennas exist, each having computer analysis, is 7.2 dB over a dipole. This mean'. somewhat different characteristics. Many antennas that for the same transmitter power, the effective radiate~ erected for television reception are a form of multi- power of the Yagi in its favored direction is 5.2 times tha element Yagi beam. of the dipole in the same direction. The theoretical fronl Subsequent discussions in this paper refer to a to-back ratio of the Yagi antenna is 12 dB, meaning th, 3-element Yagi array, one having a driven element, a power radiated in its forward direction ia 15.7 times tha parasitic director and a parasitic reflector. The parasitic radiated in the opposite direction. Values for a practic~ elements are not fed any power directly; instead they are antenna of this type are quite close to theoretical. excited through mutual coupling to the driven element, Computer-calculated radiation patterns for th and in turn also radiate power. Each parasitic element horizontal Yagi array are presented in Figs 6 and ' is spaced 0.2 wavelength from the driven element, and Fig 6 shows the azimuth plane, the response in variou compass directions, as a solid line. The broken line in Fig 6 shows the pattern of a half-wavelength dipole, for eo comparison. Fig 7 shows the elevation plane or vertical- 6o ~"~"'--.....6o ~"~ profile pattern. This pattern is that seen from the ends of the elements, with the antenna in free space/The solid line again represents the Yagi, and the broken line the 3o _ dipole, that "perfect circle" which was mentioned earlier. Performance of most other Yagi-type arrays with three . or four elements will not be sighificantly different from ., the patterns shown here._ - o Another often-used type of be&m antenna is the quad array. Typically, a quad is constructed with two or more wire elements in the form of a square or a diamond. Fig 9--Vertical-profile pattern of a 10.1-MHz Yagi beam at 70 feet (solid line) and at 35 feet (broken line). The conducting wires are usually supported by X-shaped frames of wood or fiberglass material. For the same number of elements and spacing, the performance of a quad beam is generally similar to that of a Yagi beam. The vertical patterns of Figs 4 and 5 were calculated by assuming the earth is a perfect reflector, an unrealistic situation. Actual earth does not reflect all of the radio- frequency energy striking it; some absorption takes place. Over r~al earth, therefore, the patterns will be slightly different, depending upon the electrical con- ductivity and dielectric constant of the soil, and upon the radio frequency. Computer programs are available to take these factors into account, and reliable calculations of patterns over real earth may be made. Yagi patterns over real earth are shown in Figs 8 through 14. These Fig 10--Vertical-profile pattern of a 14-MHz Yagi beam at 70 feet (solid line) and at 35 feet (broken line). patterns were calculated with an Apple lie personal computer.3 "Average" soil conditions were used for these plots, that is, a conductivity of 5 millisiemens per meter and a dielectric constant of 15.4 These patterns compare the performance of Yagi arrays at heights of 35 and 70 feet. In Figs 8 through 12, the broken line is the plot for a 35-foot height, and the solid line for 70 feet. For 24.9 and 28 MHz, Figs 13 and 14, it is helpful to present the 35-and 70-foot patterns in separate graphs, for clarity. Otherwise the multiple lobes become indis- tinguishable. ' 3A commercially available sohware program, ANNIE, was used o to calculate all patterns presented in this paper, 4Such soil conditions may be considered typical for the central par~ of the United States, such as the Ohio and Mississippi Fig 11--Vertical-profile pattern of an 18,1-MHz Yagi river valleys. ~ beam at 70 feet (solid line) and at 35 feet (broken line). 60/' . ; ,, - - 60 · /,% / , .._ -~----'-'--'~ . ~ ~;-~ 30 0 Fig 8--Vertical-profile pattern of a 7-MHz Yagi beam over average earth at a height of 70 feet (solid line) Fig 12--Vertical-profile pattern of a 21-MHz Yagi beam and at 35 feet (broken tine), at 70 feet (solid line) and at 35 feet (broken line). 9 Table 3--Comparison of Yagi Beams at Heights of 35 and 70 Feet (-At 35 Feet.) (-At 70 Feet-) Performance Elev. angle of Elev. angle of difference 3o 3o Frequency max. radiation max. radiation at 5° i 7.0 34 degrees 24 degrees 5.7 decibels 10.1 29 18 5.7 14.0 24 14 5.6 o o 21.0 18 9 5.2 (A_) 24.9 15 8 4,9 28.0 14 7 4.6 9O ~ This is 10° lower than for the same antenna at 35 feet. 3o~.. /~ '~' ~¥--.~ -,2 ..~_/"~.~" ~ .~3o In addition, in the 2- to 10-degree elevation range, those ; angles that are necessary for communicating over ,, f / thousands of miles, the performance of the Iow Yagi i i / ~~;~' ~"~-~'~ ~ '?.~I beam is nominally 5.6 dB below that of the highYagi. o~ ~ i ~ I'..---~"-,',/,~ ' i , ~ ~-4.---r~l Io At a wave angle of 5.0°, the response of the Yagi at (B) 70 feet is superior by 5.7 dB. .' Similar data can be obtained from Figs 9 through Fig 13--At A, vertical-profile pattern of a 24.9-MHz Yagi 14 for the amateur frequencies from 10.1 through beam at 35 feet, and at B, 70 feet. 28 MHz. The differences in performance for the amateur bands from 7 to 28 MHz are summarized in Table 3. As Table 3 indicates, a Yagi antenna at 70 feet provides far greater radiation at Iow angles for all frequencies than the same antenna at 35 feet. This 9o translates to greater communications effectiveness at long distances, and is especially trUe for the lower frequencies. At a 5° wave angle, the differences in field strengths range from 4.6 to 5.7 dB. This means that the ~ii~ power at a distant receiving antenna for most propa- gation conditions will be from 2.9 to 3.7 times stronger / ~, , , from a Yagi antenna at 70 feet, compared to the same i~ / Yagi at 35 feet. Heights greater than 70 feet will produce ot o even higher power ratios. (A) In summary, a high Yagi antenna provides superior performance over a Iow Yagi, all other factors being 9o equal Depending on the level of noise and interference, the performance differences related to height are often enough to mean the difference between making distant / , i~/ "~~~%, '~"~ '--,3o-~ radio contact with fairly reliable signals, and being unaOle 3o~..~ to make contact at all. , Very High and Ultra High Frequencies i~ , / / ,~-----"="?~Ffh.%~, ,~'~ / ~ I ' , ,/ ' ' / Commonly used amateur frequencies higher than o those discussed earlier are the very high frequency 0 (B) portion of the spectrum, abbreviated VHF, and the ultra high frequencies, or UHF. The VHF range covers 30 to Fig 14--At A, vertical-profile pattern of a 28-MHz Yagi 300 MHz, and the UHF range from 300 to 3000 MHz. beam at 35 feet, and at B, 70 feet. In an earlier section it was mentioned that HF antennas must be large to be effective. To some degree, however, those considerations are not urlique to that Fig 8 shows the vertical profile for 7-MHz Yagi frequency range. They apply in general to VHF and UHF beams. For a height of 35 feet, the energy is maximum as well. A difference at VHF and UHF is that antennas at a vertical angle of 34° above the horizon. At a height may be physically small in order to realize optimum of 70 feet, maximum radiation occurs at an angle of 24% electrical lengths. However, a disadvantage of physically 7 small antennas is that they present less surface area to Amateur Radio operators wishing to contact ot~-' passing radio waves, and are therefore less effective in amateurs at great distances use a time-worn but tr,,~ picking up incoming signals. This effect is termed pickup expression, "For the best results, put your antenna as efficiency. Pickup efficiency is reciprocative; it applies high as you possibly can." Many amateurs in various to transmitted signals as well as to received signals. To parts of the world put their big antennas atop 120-foot obtain higher pickup efficiency and therefore greater towers, and enjoy communications with amateurs in communications effectiveness, many antenna elements foreign countries when neighboring amateurs with much are required at VHF and UHF~ The elements are usually lower antennas cannot even hear the foreign signals. installed on multiple booms. Single, vertical radiators, even at elevated heights, are ineffective for distances beyond a few miles at these frequency ranges. This is Conclusion true because of Iow pickup efficiency and because of the The preceding information has dealt with antenna omnidirectional characteristic of the radiator. Stacked height and communications effectiveness. It has been vertical radiators are sometimes used to obtain gain with shown that for all amateur frequencies, high horizontal omnidirectional coverage, antennas will outperform Iow antennas. Information has Although ionospheric propagation does sometimes been developed to show a consistent power gain of the occur at the lower end of the VHF range, propagation higher antennas over Iow ones, that is, at 70 feet and at 100 MHz and above is almost always over a line-of- 35 feet. The 70-foot height was chosen only for the sight path. Under usual conditions, signals at these purpose of illustration, and is not intended to be frequencies er~counter very little refraction in air. There- construed as the optimum height for antennas. Heights fore it behooves a person using these frequencies to above 100 feet will give significantly better performance place his antenna as high as possible, so it can "see" than at 70 feet. farther. Certainly the antenna must be above sur- It is reasonable to assume that if an amateur rounding objects, such as dense foliage and man-made operator is restricted to the use of !ow antennas, he will structures. Such objects absorb radio-frequencyenergy obtain transmitting equipment with a corresponding in this portion of the spectrum, and therefore tend to increase in power output to compensate for the loss of block the signal from propagating. Objects such as hills, antenna effectiveness. For example, he might increase steel structures and many commercial or industrial his transmitter power from 500 watts to 1.5 kilowatts to buildings will block VHF signals to an even greater compensate for athree-fold loss in antenna effectiveness degree, creating "shadows" behind them. because of height limitations. It should be realized that At VHF and UHF, the lowest lobes for Yagi arrays this increase in power, in turn, increases the possibilities at 35 and 70 feet are only a few degrees above the for his stronger signal to overload nearby television and horizontal. However, for line-of-sight communications, radio receivers, creating interference for viewers and the radiation angle should be zero, if possible, unless listeners. one wishes to communicate with airplanes or objects in There is one further consideration conce;'.~,ing outer space. Even more desirable are negative angles amateur antenna height with regard to television and from high locations, so theantennacan "look downon" radio interference. In essence, the sole source of the terrain. At VHF and UHF the radiation angles for radiated RF energy from an Amateur Radio station is its 35-foot heights are twice those occurring for the 70-foot antenna. Raising that antenna to an increased height, heights. Therefore at VHF it is also beneficial to place far above the level of existing antennas for television the antenna as high as possible, and in the clear from reception, will reduce the possibility of interference to surrounding objects, television reception from fundamental overload. //3 B fore the -Federal Communications Commission - Washington, O. C. 20554 In the Nat~er of ) ) Federal preemptlon of state and ) PRB-1 local regulatlons pertaining ) to Amateur radio faclllties. ) I~ANDLN OPINION AND ORDE~ A~opted: September 16, 1985 ; Released:September 19, 1985 By the Commission:Commissioner Rivera not participating. 1. On July 16, 1984, the American Radio Relay League, Inc. (ARRL) filed a Request for Issuance of a Declaratory Rullng asklng us t.~ delineate the Ilmltat Ions of local zon lng and other local and state regula-,ory authority over Federally-Ilcensed radio facilities, Speciflcall¥, the ARRL wanted an expllclt statement that would preempt all local ordinances which provably preclude or significantly Inhibit effective, reliable amateur radio communications. The ARRL acknowledges that local authoritles can regulate amateur Installations to Insure the safety end health of persons In the community, but believes that those regulations cannot be so restrictive that they preclude effective amateur co~munications. 2. Interested part les were advised that they could file comments In the matter 1. With extension, comments were due on or before December 26, 1984 2. with reply counts due on or before January ZS, 1985 3. Over slxteen hundred cerements were flied. I Public Notice, August 30, 1984, Mimeo. No. 6299, 49 F.R. 36113, September 14, 1984. 2 Public Notice, December 19, 1984, Mlmeo No. 1498. 3 OrMer, November 8, 1984, Mlmeo. No. 770. Local Ordinances 3. Conflicts between amateur operators regardlng radio antennas and Ioca autrorttles regarding restrictive ordinances are common. The amateur operator ts governecl by the regulations contained in Part 97 of our rules. Those rules cio not limit the height of an amateur antenna but they require, for a¥iazica safety reasons, that certain FAA notification and FCC approval procedures must be followed for antennas which exceed 200 feet in height a~ove ground tevel or antennas w~lc~ are ,*o De erected near airports. Thus, un,er FCC rules some amateur antenna support structures require oJDstructlon marking ancl ligh~'lng. On the other hand, local munlclpallties or governing bodies frequently enact regulations limiting antennas and their support structures in height and location, e.g. to side or rear yards, for health, safety or aesThez:z considerations. These limltlng regulations can result in conflict I~ecause the effectiveness of the communications that emanate from an amateur radio station are directly delaen~ent upon the location and the helg~t of the antenna. Amateur operators ma~ntaln that they are precluded from operating In certain bands allocated for their use If the height of their antennas Is limited by a local ordinance. 4. Examples of restrlctlve local ordinances were submitted IDy several amateur operators In thls proceeding. Stanley J. Cichy, San Diego, California, noted that in San Diego amateur radio antennas come under a structures ruling which limits bulldlng heights to 30 feet. Thus, antennas there are also limited to 30 feet. Ale×an~ler Vrenios, Mundelein, IIIlnols wrote that an ordlnanc~ of the Village of Mundel®In provides that an antenna must De a d lstance from the property line that is equal to one and one-half times its height. In his case, he is Ilmlted to an antenna tower for his amateur station just over 53 feet in height. 5. John C. Chapman, an amateur living in Bloomington, Minnesota, commentecl that he was not able to obtain a bulldlng permit to Install an amateur radio antenna exceeding 35 feet In height because the Bloomington city ordinance restricted "structures" helghts to 35 feet. Mr. Chapman said that the ordinance, when ~ritten, undoubtedly applied to buildings but was now being applied to antennas in the absence of a speclflc ordinance regulating them. There were two options open to him If he wanted to engage In amateur communicatlons. He could request a variance to the ordlnance by way of a hearing before the City Council, or he could obtaln affidavits from his neighbors swearing that they had no objectlon to the proposed antenna Installation. He got the bulldlng permit after obtalnlng the cooperation of bls nelghbors. His concern, however, Is that he had to. get permission from several people before he could effectively engage In radio co~t~unlcatlons for which he had a valid FCC amateur Ilcense. 6. I~. adalTica ±~ he:c~T r~trictions, other Ilmlts are enacted by I o cai Jurlsdlctions--a~tl-~iimb devices on towers or fences around them; minimum distances from high voltage power lines; mlnlmum distances of towers from properl-y lines; and regulations pertaining to the structural soundness of rite an~e~a installation. By and large, amateurs do not flnd These safety_precautions objectionable. What they do object to are the sometimes ~rohlbttlve, non-refundable application filing fees to c~3taln a permit to erect an antenna lns~alla~ion and those provisions In ordlnances which regulate antennas for purely aes+he-lc reasoas. The ama?ours contend, almost universally, that "beauty is In the eye of the beholder.~ They assert that an antenna installation is not more aesthetlcsIly displeasing than other objects that pec~le kee~ on ~heir property, e.g. ~tor homes, Trailers, pick-up truc~s, solar co~lectors and gardening equipment. ResTrictive Covenaqts 7. Amateur operators also oppose restrictions on their amateur op~ratlons which are contained In the deeds for their homes or in their a~artment leases. Since these restrictive covenants are contractual agreements between private parties, they are not generally a matter of concern to the Commission. However, since some amateurs who commented In this proceeding provided us with examples of restrictive covenants, they are l~cluded for information. Mr. Eugene O. Thomas of Holllster, California included In his comments an extract of the Declaration of Covenants and Restrlctlons for Ridgemark Estates, County of San Benito, State of California. It provides: No antenna for transmlsslon or reception of radio signals shall be erected outdoors for use by any dwelling unit except upon approval of the Directors. No radio or television slgnals or any other form of eiectro~.,agnetlc radiation shall be permitted to originate from any lot which may unreasonably Inter,ere with the reception of television or radlo signals upon any other lot. Marshall Wilson, Jr. provided a copy of the restrlctlve covenant contalned in.deeds for the Bell Martin Addition ~2, Irving, Texas. It Is binding upon all of the owners or purchasers of the lots In the said addltlon, his or their heirs, executors, admlnlstrators or assigns. It reads: No antenna or tower shall be erected upon any lot for the puraoses of radio operations. William J. Hamllton resides In an apartment building In Gladstone, Missouri. He cites a clause In bls lease prohibiting the erection of an antenna. He states that he has been forced to give up operating amateur radio equipment except a hand-held 2 meter (144-148 MHz) ra~lo transceiver. He maintains that he should not be penalized just because he lives in an apartment. Other restrictive covenants are less global In scope than those cited above. For example, Robert ~Lebb purchased a home in Houston, Texas. His deed restriction prohibited "transmlttlng or receiving antennas extending above the roof llne." 8. Amateur operators generally oppose restrictive covenants for several reasons. They maintain that such restrtctlons Ilmlt the places that they can resi~e if they want to pursue their hobby of amateur radio. Some state that they impinge on First Amendment rights of free speech. Others believe That a constitutional right is being abridged because, in their vte~, everyone has a right to access The airwaves regardless of where they live. 9. The contrary belief held by housing subdivision communities and condominlmum or homeowner's associations is that amateur radio Installations constitute safety hazards, cause Interference to other electronic equlpment which may be operated in the home (televisions, radlo, stereos) or are eyesores that detract from the aesthetic and tasteful appearance of the houslng development or apartment comptex. To counteract these negative consequences, the subdivisions and associations Include In their deeds, leases or by-laws restrictions and limitations on the location and height of antennas or, In some cases, prohibit them altogether. The restrictive covenants are contained In the contractual agreement entered into at the time of the sale or lease of the property. Purchasers or lessees are free to choose whether they wish to reside where such restrictions on amateur antennas are In effect or settle elsewhere. SuPborting Comments lO.'The Department of Defense (DOD) supported the ARRL and emphasized tn its comments that continued success of existing national security and emergency preparedness telecommunications plans involving amateur stations would De severely diminished If state and local ordinances were allowed to prohibit the construction and usage of effective amateur transmission facilities. DOD utilizes volunteers In The Mllltary Affiliate Radio Service (MARS)4 Civil Air Patrol (CAP) and the ~adlo Amateur Clvll Emergency Service (RACES). It points out that these volunteer communicators are operating radio equipment installed in their homes and that undue restrictions on 4 MARS is solely under the auspices of the mllltary which recruits volunteer amateur operators to render assistance to It. The Commission is not Involved in the MARS program. 5 ar.~'er, r,as Dy local authorities ac:ersety affect their efforts. DOi) states ~i,~ the responsiveness of these volunteer systems would be Impaired If I o cai ordlnances Interfere with the effectiveness of these Important national telecommunlcatlon resources. DOD favors the Issuance of a ruling that would set .limits-for local and state regulatory bodles when they are dealing with amateur stations. 11. Varlous chapters of the American Red Cross also came forward to s~port the ARRL's request for a preemptive ruling. The Red Cross works c~ose;y with amateur radio volunteers. It belleves that without amateurs' ;edtcated support, disaster relief operations would slgnlflcantly suffer and that its abfllty to serve disaster victims would be hampered. It feels that antenna height limitations that might ~e imposed by local bodies will ne~atlveiy affect the service now renaered by the volunteers. 12. Cities and counties from various parts of the United States filed comments in support of the ARRL's request for a Federal preemption ruling. The com~ments from the Director of Civil Defense, Port Arthur, Texas are representatlve: T~ Amateur Radio Service plays a vital role with our Civil Defense program here in Port Arthur and the design of these antennas and towers lends greatly to our ability to communicate during times of disaster. We do not believe there should be any restrictions on the antennas and towers except for reasonable safety precautions. Tropical storms, hurricanes and tornadoes are a way of life here on the Texas Gulf Coast and good communications are absolutely essential when preparing for a hurricane and even more so durlng recovery operations after the hurricane has past. 13. The Quarter Century Wlreless Association took a strong stand in favor of the Issuance of a declaratory ruling. It believes that Federal preemption is necessary so that there will be unlformlty for all Amateur radio installations on private property throughout the United States. 14. In its comments, the ARRL argued that the Commission has the jurisdiction to preempt certain local land use regulations which frustrate or prob.!blt amateur radio communications. It said that the appropriate standard in preemption ~ases is not the extent of state and local interest in a given regulation, but rather the Impact of that regulation on Federal goals. Its position Is that Federal preemption is warranted whenever Ica. al governmental regulations relate a~versely to the operational aspects of amateur communication. The ARRL malntains that localities routlnely emptcv a variety of land use devices to preclude the Installation of effective amateur antenna~, Including height restrlctlons, conditional use permits, building setbacks and dimensional limltatlons on antennas. It sees a deglaratory rullng of Federal preemption as necessary to cause municipalities tc accommodate amateur operator needs In land use planning efforts. -- 15. James C. O' Conneil, an attorney who has represented several amateurs before local zoning authorities, said that requirlng amateurs to seek variances or special ~se approval to erect reasonable antennas unduly restricts the operation of amateur stations. He suggested that the Commission preempt zoning ~r~lnances which impose antenna height limits of less than 65 feet. He sol- that this height would represent a reasonable accommodation of the commu-icatlon neats of most amateurs and the tegltim.-te concerns of local zoning authorities. _Q.~Dosing Comments 16. The City of La ..soa, California has a zoning regulation which controls amateur antennas. Its comments reflected an attempt to reach a balanced view. This regulation oas neither the Intent, nor the effect, of precluding or Inhibiting effective and reliable communications. Such antennas may be built as long as their construction does not · unreasonably block views or constitute eyesores. The' reasonable assumption Is that there are always alternatives at a given site for dlfferent placement, and/or methods for ae:thetlc treatment. Thus, both public objectives of controlling land use for the public health, safety, and convenience, and provldlng an effective communications network, can be satisfie~. A blanket ruling to completely set aslde local control, or a ruling which -ecognlzes control only for the'purpose of safety o= antenna construction, would be contrary to ... legitimate local control. 17. Comments from the County of San Diego state: While we are aware of the benefits provlded by amateur operators, we oppose the Issuance of a preemptlon ruling which would elevate 'antenna effectiveness' to a posltlon above all other considerations, We must, however, argue that the ICCp; goYerr, mer~t must hav~ the ability t:- ~iaca reasonable limitations upon the placemeat and confi~uratlon of a~ateur radio transmitting and receiving antennas. Such ability is necessary to assure that the local decision-makers have the aut~r. Ity to protect the public health, safety and weJfe'e of all c[tlzens. in co~.clusion, I would like to emphasize an Important glfference between your regulatory powers and that of local governments. Your Commlssion's approval of the preemptive requests ~oul¢ establish a 'national policy'. However, any regulation adopted by a local ]urlsdictlon could De overturned by your C~mmtsslon or a court If such regulation was de~ermlned to be unreasonable. 18. The C;ty of Anderson, Indiana, summarized some of the problems ,hat face local communities: I am sympathetic to the concerns of these antenna owners and I understand that to gain the maximum reception from their devices, optimal la cation Is necessary. However, the preservation of residential zoning dlstrlcts as 'llveable' neighborhoods Is jeopard[zed by placing these antennas in front yards of homes. Major problems of public safety have been encountered, particularly vision blockage for auto and pedestrian access. In addition, all cammunl'ies are faced with various bulldl&g lot sizes. ~any building lots are so small that established setback requirements (in order to preserve adequate air and Ilght) are vulnerable to the unregulated placement of these antennas. ...the exercise of preemptive authority by the FCC in granting this request would not be in the best interest of the general public. 19. The National Association of Counties (NACO), the A~erlcan Planning Association (APA) and the National League of Cities (NLC) all opposed the issuance of an antenna preemption ruling. NACO emphasized that federal and state power must be viewed in harmony and warns that Federal ln*ruslon ln~o local concerns of health, safety and welfare could weaken the traditional police power exerclsed by the state and unduly Interfere with the legitimate actlvltles of the states. NLC believed that both Federal and local Interests can be accommodated without preempting local authority to regulate ~he installation of amateur radio antennas. The APA said that the FC~ should continue to leave the Issue of regulating amateur antennas with the-local government and with the state and Federal courts. Discussion 20. When considering preemption, we must begin with two constitutional provisions. The tenth amendment provides ~-hat any powers which the constitution either does not delegate to the Unlted States or does not prohibit the states from exercising are reserved to the states. These are the police Dowers of the stat~s. The Supremacy Clause, however, proviaes that t~e constitution and the laws of the United States shall supersede any state law to the contrary. Article III, Section 2. Given these basic premises, state laws may be preempted In three ways: First, Congress~ may expressly preempt the state law. See Jones v. Fath Packing Co., 43G U.S. 519, 525 (1977). Or, Congress may Indicate itt Intent to completely occupy a given field so that any state law encompassed within that field would impllclty be preempted. Such Intent to preempt could be found in a conc~esslonal regulatory scheme that was so pervasive that it would be reasonable to assume Ynat Congress did not Intend to permit the states to supplement lt. See fidelity Federal Savings & Loan Ass'n v. de ta Cuesta, 458 U.S. 141, 153 (1982). Finally, preemption may be warranted when state law conflicts with federal law. Such conflicts may occur when "compliance wlt~ both Federal and state regulations Is a physical impossibility," Florida Lime & Avocado Growers. Inc. v. Paul, 373 U.S. 132, 142, 143 (1963), or when state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress," Hines v. Davldowlt:, 312 U.S. 52, 67 (1941). Furthermore, feaeral regulations have the same preemptive effect as federal statutes. Fidelity, Federal Savings & Loan Association v. de la Cuesta, supra. 21. The situation before us requires u's to determine the extent to which state and local zoning regulations may conflict with federal policies concerning amateur radio operators. 22. Few matters coming before us present such a clear dichotomy of viewpoint as does the instant issue. The cities, counties, local communities and housing associations see an obligation to all of their ct'izens and try to address their concerns. This ls accomplished ~roagh regulations, ordinances or covenants oriented toward the health, safety and general w~Ifare of those they regulate. At the opposite ~ole are the individual amateur operators and thelr support groups who are troubled by local regulations ~mlch may inhibit the use of amateur s~'ations or, in some instances, totally preclude amateur commun!cations. Atlgned ~itb. the operators are such entities as the Department of Defense, the Ameri:an Red Cross and local civlJ defense and emergency organizations who have f~und in Amateur Raaio a po~l ~f skilled radio operators and a 27. Accordln~ly, the Request for Declaratory Ruling filed July 16, 1984, by the A~merlcan Radio Relay Leegue, Inc., IS GRANTED to the extent indlcate~ hereln and, In all other respects, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William J. Trlcarico Secre~ry AHATE RADIO EHER ENCY SERVICE IUGU$~ lee?' CILIFOUII FIR! - with the Polk Count7 emergfnc~ departments, the Aed Cross and director and the command ~st. the Salvati~ A~ -ere provided Hi llion-acre Stafl/slaus Nat- . radio communications by the hams. tonal Forest ~lre, caused b7 i~$~ 1~ - O~J ~O~ ~i~ ~0 ~ir~ fighters a~ C~o amateur lightning. 5,000 used - 1 killed - 18 hoses a~ 24 Grant~ Pass, Oregon - The radio operators were treated outbuildings destroyed gove~or Walker H~tain firs result~ In toxic fumes a~ - The amateurs contacted a fei- declared a 21-count~ ~.ergenc~. ~st~blishing a Red ~oss swarms- Amateurs manned U.S. Eerier tion center, at Herlin. RAms lev has, ~o il a research chem- S~rvice Kead~arters, at ~onora, linked the c~nter, Red ~ois der- isa for ~v ~e~ical Co,ration, and various ~ield locations. 14 actor and the Joi~htn~ Countl tn ~idland, v~ vas able to idem- hams,used their o~ radio equip- ~ergenc~ coordinator. Tvent7 tilt the chesicall a~ 9iv~ ad- lent to assist the ?,~00 people ha~l donated 146 hours o~ s~r- vice a~ut rei~ing. MhD had to evacuate their hoae~, vice. lARCH 1~8~ - OHGON BLIZZARD Health a~ ~elfare ueseagee sent for the 115 evacuees iff the 10YJ~ 1988 ' ALkAli 10~l~ LaGraflde, Oregon - A zero- Red ~oae shelterL' Tuecalooaa, AIa~ua - A to~ visibility blizza~, with 80 HPK Amateur radio hel~ c~i* ~edo d~stroyed tuelve ~,f i~ Minds, strm~ ~torifts. Hare flat~ ~ood, clothing a~ shelter damaged 100 others. ~11 utile- provided coutuni~ti~s for the ghefl they ~erefl't n~eded for ties feil~. Red ~gs asked ~or emergency aanagesent office, the priority fire actS*Sties, atat~ur radio assistance uith 8alvati~ i~y, the emergency o~ ~ood ~rvice and shelter t~aas. ~ratione center, the church ever- ' ~muflicett~e M~re egtablis~ ugtion site and th~ se~ch-a~- 10~ 1fl7 i~ ~P~S]0I ed betueefl eolaa~ heel ~ the rescue tease manning the road Paapao, Texas, ~tafle e~l~ center of the disaster area. closures. sion killed three and in~ured ~eg(agee sere sent relating to thirt~eeven. '.edictne, food, shelter, statue SPIIIG lng ' D~TA'[IIIESOTA FLOOD Hams pro~lded communications of viotime a~ relatives a~ dam- for Red Cross poets at Pampa, ago f~veys. Fargo, North Dakota to Childrese, Aaarlllo a~ ~ichita .head, flinflesota - River crested Falll into the disaster area.. [0~ 19fi - TEOPiC~ ST0~ iEI~H 2e-feet ~vo fl~ stage (their : ~oret flood of this century). Oulf ~et of ~lorida - Sto~ The aeate~ radio o~ratore DECIbel 1~87 - ~U$M, lieS- overturned a tracto~trailer rig ticipated iff "ak~", f~ the ISSIPPI, T~IESS~ ~lS~S carrying methyl bromide gat. ~ati~al Weather Se~ice, Severe thunderstorm a~ to~ Oollitr County ham~ made radio the em~rg~cy o~rati~s center, hades, ~tth 200 H~ rinds, killed contact utah "Cheutrmc" for the the disaster ~e~icem g~pm, the six p~ople, iflJ~ed 1S0 a~ lt~t' fire chief. ~emtrec Is a m~c- evacuati~ center, the ~y 1,$00 homeless, iai emerge~y center emtablimh~ of Engineers, Red ~m a~ the Amateur radio o~ratore sent ~ t~ ~teal ~o~rters Ass- county euergeflcy'-coordiflatore 2~5 sellers messages a~ assisted oelatfon. The hame used 'aut~ al~g ~ fl~ route. tire etatioflg~ the R~ ~ef a~ ' Pniche to alisa the chief to The haas also ~itor~ leaky the Department of ~erg~ey Ha~ speak directly to ~emtrec off- dikes a~ hel~ c~i~te trials. (The nearest ph~e to bagging communications for the agement, the accident scene vas three Afar Cor~ of ~gineers. ~irt~ ' miles mvay. J haas participated iff the three- fill lge$- CAL. TAll CAK 0~KD The accident scattered 32 day activity. hkerefi,ld, Calffo~la - Five 1,500 pound cylinders o~ the railroad tank cars overruled a~ dangerous gas. A leak reNuired JUIE USO - ~UISIAIA ~0~A~ b~gafl lmaklfl9 e volatile toxic area evlcuatiofl. ~o haas set up substance. ~e High Ich~l m~ a radio contact betueefl the seer- Groeee Tats, Louisiana - hospital were evacuated. Has genoy operations center a~ the violent tornado deetroFed one- radto operators ~ere ca11~ ~or school evacuation center, oeta~ third of the to~n, killing assignments to various coaaunica- lashing another autopatch link. and tn~uriflg many. The hame using the Roeedale repeater tton ~et8 with the fire and ~1 ........ sounded the ala~, notifying the ice departments. IO~BEi lgii - [iCH. PLASTICS File state Patrol, Red Cross a~ other Geneses, Hichigafl - Fire iff a disaster gr~ps. ~e htofl Rouge JULI 1981 - I0[l [lille ~IDE plaltiof maflu~aoturing pla~t. ~eather bureau had ~t detested Altoona, Zo,a - T-o ~reight BU~ 1~18 ~eveflted tdeflttri- the tornado prior to the ham trains collided, r~o killed, cation. 8OO Xoeal residents were radio alert. Care conta{fltn9 denatured alco~l evacuated. The radio amateurs within 30 minutes the hame overturned, creating ~eeibtlit7 operated at the fire hall, can- sere transmitting emergency a~ o~ large explosion, l,SO0 to trel dispatch and the disaster ~el~are messages :or their com- 2,000 people -ere evacuated for coordination center, muntt~. As the tornado moved to- t~o dare. Radio amateurs served 27 fire unite', three eo2tce ,ard Baton Rouge the hame gave 1989 CALIFORNIA QUAKE the .esther bureau. When the the d4 la~ enforcement officials. About Seven killed tn St. Crotx. with ~tatee this century, on October 60 amateur radio operators help- qO~ of the hoses destroyed. Be- 17th, 1989, measuring 7.1 on ed during the disaster, tween 20 and 25 hams actively Richter scale. Many dead. tnJur- - operated there during the storm, ed and homeless. ~ortheaetern Oregon -~000 Sept. 19-~0 - Pverto Rtc0 ' Kaae linked ~ha~ area ,tth the south of San Francisco, 592 homes Forest System rs&to was gu~ckly ~ork cttr, and ,tth the Depart- hem,7 damage and 92~0 minor dam- overloaded with communications sent of Oefenee, tn ~aehtngton, age. 668 mobile hoses -ere dee- fro, the .any other fires tn the D.C., to report on the extent of treys4 or received ea3or damage. wallo.a-~ttman ~attonal Forest. c~v~ disorder. St. Crotx ,aa tn ~0,000 people -ere home.ess, The Forest Service fire managers a state of anarchy, ,tth Jar] 3,000 of thee remaining homeless used amateur radio operators to prteoDers loose, merchants ho~d- two aonChs after the quake. reach the base camps tn the fire Jag looters at gun point and The quake ,aa centered Santa Cruz and the damage area areas, local police -ere not reporting ~otnctdental~y, the Forest for duty. extended from the Oakland/San Service ha4 gt~en the amateurs Baaed upon this ham-eupplfed Francisco area, on the north end, pere~eeton to put up their "S~out information, President Bush or- to the llollteter/Saltnas area, on the south. The quake lasted Springs" repeater, at tbs 5,S00- 4ered regular Are7 troops and the seconds. foe% level tn the Blue Mountains. F.B.I. to.St. Crotx to restore This repeater,~capable of three- order. Naa radio handled the re- The Santa Cruz area exper- state so,stage, ,aa used for the porte and the decisteres. Some teared elides, damage4 bridges, fire communications. ~e prey- haas ,ere included tn the para- closed roads and %oma of po, er ~oue year the hame helped w~th chute Jump tease, ~nto the dream- an4 telephones. Many radio the Tepee Butte f~re. terettee, to establish addition- communication, ctrcut'te failed. One ~anta Cruz hospital .......... al coemunteat tone. HURRICANE HUGO Hame stations aboard the USS qutred .vacuatio, of patients to Left a path of death and de- Rican Naval Baas, handled 422 al damage. The hame coordinated ~tructton tn the EaStern Cart~ phone patches for ere,aen and ambulances and helicopters. bean, Puerto R~co and ~outh Care- local islanders to their lo,ed Since the helicopters did not ha~e radio contact directly .tth line. Roams an4 netghborh~a ones tn the ~tatee. Ram radio the hospitals amateur radio .ere turned into rubble. The .aa their only link hans served govornnent end ,el- ~ep{. 21~ - Seuth Carolina used to relay the landing sites. l{ane also re~rte4 gas leaks, fare agencies, including Civil Massive destruction, 135 HPH broken ~ater and sewer lines. Defense, the Red Cross a~ the ui~e, power lines and trees down Some ~ere assigned to search-and- National Guard. and roofs collapsing. The hame rescue tease to help trapped vic- Before the store hit, begin- began preparing for the store on tiaa in collapsed buildings. Of nine September 16th, amateur September 18th, organizing aec- the 370 amateur radio volunteers radio nets ,ere set up'on 20 bets and resources. They remain- about half of thee were assigned meters and operated continuously ed active for the next 10 days, to duty vtth the Red Cross during for the ~ext nine dare. Official linking various eaergenc7 opera- the eight-day period. government messages, damage re- ting centers for the Depart.ent ~e Oakland/San Francisco area porte, ,el fare Inquiries and o~ Emergency Preparedness, the suffered lees damage than Santa other info~atton was handled for Red Cross, National weather Set- Cruz ~t it had the greatest loss government and non-gover~ent re- vice, hospitals, National Guard of life when the one ails stretch lief agencies and for diplomatic an~ the local police etattons o~ the atmttz Free-a7 collapse4 missions located tn ~ashington, (when power and phones were on cars using the lower level. D.C. do-nt. Part of the 1-80 Bay Bridge also Maas in Trinidad, Bt. Lucia, With some stations and eaten- collapsed. T.ent~-tuo of Oak- Ooainica, St. Vincent and other nas destroyed, and .lth the high land's largest buildings suffered locations made contact ~ith manpower drain on local haas, about 250 million dollars tn dam- stateside haas ,ho passed the volunteer ha~ operators came to age. health-and-welfare messages to South Carolina from nearby states Fifty hame assisted the many relatives and friends in the U.S. to assist. In addition to heart shelters operating in San Fran- The amateur radio "~urricane emergency traffic, the hams ciseo, with many co.iDg from watch" net obtained seteorolo9t- handled communications coordina- far away aa Oregon and ~evada to cai reports from haas In the path ting the distribution o~ fo~, help. of the store, including one has ~ater, clothing and other essen- _ .......... .hose boat anemometer uae reading ttal items 120 MPH ,tads. These reports ,ere passed regularly to the ~at- Prepared by YTJGH, from tn- tonal Hurricane Center, in ~iami, formation condensed Eros the sore ,.. Florida. detailed reports ,hich appear The American Radio Relay mdnthly, in the "Public Service" League headquarters station, columns of eST magazine, which is ~IA~, tn Newington, Connecticut, ~ubltshed by the american Radio provided Spanish-speaking hams to Relay League. Equally important as good communica- [ :_~:,: ..... ~.,~. encrypted (COMSEC)communications, the wa tions, the jump teams had brought enough ~. ": other was not. food and water to last for several days. Al- if;- Lesson learned: The miscommunications /"'N tru though there eventually was enough food ~ind lessons of the 1982 US invasion of Grenada , at: water for everyone, taxing the system early · have not yet been completely resolved by the ce~ on with volunteer needs would have been military, reinforcing the need for amateur mc unacceptable, communications as a first response. Lesson learned: The time for "jump for teams" has arrived. This long discussed idea There's a Role for HF, Too so~ should be instituted and planned for as an Early on, it was determined by the County ca~ integral part of ARRL Amateur Radio Emer- Emergency Manager that at least 200 nurses Fa gency Service policy, and we 'in Florida are would be needed to augment medical care in aw proceeding with Amateur Radio mutual-aid~ the shelters, especially among elderly and on plans among counties, infirm evacuees. Communications between ret Paulette Newman, KD4MOK, at the State E£ A Place for Packet EOC in Tallahassee and the Dade County rel Although packet radio played a role, EOC was facilitated with HF SSB. some interesting problems emerged which Although telephone lines were not out in point to the need for better planning. The either location, radio cut through the prob. W7LUS BBS, north of the affected area and lem of jammed switches and central offices. run by Peter Gross, had such an emergency Michael Cavalera, KB2MLY, of Tltusville, Coordinating with the State EOC EMS desk, plan in place. Florida, didn't ride this bike, a lg7g Harley- nurses flown in on the governor's airplane With a generator procured at the last Davldson 8hovelhead, to south Floridal fleet were the first medical assistance to Rather, he and his wife, RObyn--who "both minute, Peter was determined to keep his felt a deep need to do something"--jolned reach us. BBS on the air during the onslaught. The a caravan to make the journey. They After Hurricane Andrew passed on its BBS was put into an emergeacy mode, al- stowed HF gear, a 2-meter hand-held, a way to the Gulf Coast. Southern Bell re- lowing only selected call sigrls to access it. scanner and a borrowed generator in their ported an increase of telephone activity from .This eliminated a lot of unnecessary traffic van. Upon arrival, the two were assigned a normal 1.4 million phone calls per hour to by the Miami EOC to Miami Community more than 5 million! To its credit, the system that might have otherwise tied it up. College, where they relayed information KC4NMY, our RACES packet operator at back to the EOC. Cavalera, an amateur for was able to handle a 500% overload. After a the EOC, wrote a program to automatically about two years, served in the Vietnam media appeal to the public to curtail unnec- pick up messages every ! 5 minutes from the War with the 11th Armored Cavalry essary phone calls, the hourly figure dropped BBS and print them out; but some stations Division, where he lost a leg in combat, to 2.5 million. deep in the affected area could not reach it (photo courtesy of Robyn Cavalera) Getting calls into key command facilities and had to access us directly at the EOC. like the EOC was extremely difficult. Direct links for a small number of sta- Bell South Mobility (cellular telephone) tions worked well, and packet was ideal for reported 40 cell sites damaged, and repairs sending lists of needed supplies. But had all When the federal troops arrived, they took an entire week. Cellular- i reported 11 17 food 'distribution points been using a used some of the same Iow-band VHF fre- cell-sites down in the affected area. In the directpacketconnectiontotheEOC, itwouid quencies already occupied by the National remainingareaswherecellularaccessdidnot have created a major log jam. Guard (taking over TV Channel 3-60- go out entirely, the overload was extreme. "Packet is a secondary means of commu- 66 MHz-frequencies in the process). Unfor- To a disaster worker having to place an ur- nication," W4SS said, "and should not de- tunately, one military group was using gent request for water, food, or medicine, tract from voice circuits. Tactical messages must go by voice. If it is a question of packet or voice, there is no choice. Voice circuits come first." There seem to be two solutions to this problem. First, assuming every packet sta- tion in the field has a personal mail system (PMS), mail to the EOC should be stored in the TNC's personal mailbox rather than be- ing sent directly. The EOC can then poll all of its field locations on a regula[ basis and retrieve its mail. A second solution may involve the ese of a portable BBS set up in the affected area. PacComm is currently developing such a unit, with a built-in TNC on a computer motherboard. We look forward to testing a system like that in the future. It was clear to us that the scope of the disaster was going to make federal assistance necessary, and after some political wran- gling, 28,000 military troops were deployed. Some National Guard units were already as- sisting in security and the distribution of food and medicine. Amateur Radio operators were helping National Guard units with their communications as well as establishing ama- Bill Young, KA4VYH, uses solar back-up power for communications work near Miami teur links. Community College. (photo courtesy of Michael Cavalera, KB2ML 1') Mr. David Sumner - Executive Vice. Presider~t The A~arican Radio Relay League 22S Main Street Newington, Connecticut 06111 Dear Mr. Sumner: On behalf of the state of Florida, I am writing to thank the many amateur radio operators who assisted in the Hurricane Andrew relief effort. Scores of amateur radio operators rallied to South Florida from across the United States, helping to provide desperately needed co~unications tO local, state, and federal agencies. They provided moral and physical support to local amateur radio operators, many of whom had suffered severe damage to their homes, yet provided around-the-clock communications at emergency operation cen.ters, food distribution centers, and field medical facilities. Hundreds more assisted at their home stations around the country, "Cool in Crisis' said the headline in the passing health and welfare messages to concerned relatives of New Orleans Times Picayune about south Floridians. 14-year-old Kevin Boudreaux, NSXMH, of Tarrytown, Louisiana. The newspaper The amateur radio service can be proud of its members, who time reported that Kevin spent 13 hours and time again serve the country unselfishly. The stats of manning a station at Red Cross Florida owes them a debt of gratitude and thanks, headquarters in New Orleans. Kevin volunteered when his father Denis, With kind regards, Z am NSUGE, was asked but already had a Sin ly, communications assignment elsewhere. Kevin, who was licensed in November, 1991, through classes of the Westlake Amateur Radio Club, has a ham mom, too: Linda Boudreaux, N5VEF. "re sorry about all the devastation," Kevin told the Times Picayune, "but I enjoyed helping out and rd definitely do it again." (photo by Steve Lasky of the Times Picayune) USS Sierra. Their primary mission was to Former Dads County EC Andy Clark, repair schools that were severely damaged WdlYT, and newly appointed EC Frank by the hurricane (and indirectly as a result Ward, KdRBR, held down the fort at Red (NCS) brought in its new National Trans- of being used as shelters). A Canadian Cross operations HQ. portable Telecommunications Capability Navy ship also assisted in the school clean- Mike Riley, KXIB, National Red Cross (NTrC). Two of the modules used by the up. Disaster Communications Coordinator, NCS consisted of a Ku-band satellite tale- Having an amateur on board one of the came to assist the Red Cross with its commu- phone link and a portable, self-contained ships, these naval vessels took over the nicationsefforts, but was laJer transferred to ceilulartelephonecell-site. Theceil-sitewas 145.43repeaterinHialeahandusedAmateur Kauai following Hurricane lniki's visit linked by microwave to the Ku-band satel- Radio for weeks as a major form of comau- there, lite uplink, providing remote cellular phone nications. Although not. all personnel oper- support and landlines for the Joint Task ating the radios were hams, it was an effec- Whatever Works, Use Iit. Force command center. tire emergency communications measure. Many forms of emergency communica- FEMA brought in two MRVs--Multi The crews did a magnificent job restoring tions were established alongside Amateur Radio Vans. These 35-foot-long diesel the schools. Radio. Some were unusual and unexpected, trucks are equipped for HF, VHF, UHF, Lesson learned: In extreme situations, the but a credit to the ingenuity of those who microwave and Ku-band satellite communi- ability of Amateur Radio to provide hard- thought of them. The Army established its cations. Accompanying the MRVs were ware to others can be as effective as provid- own AM broadcast station, Radio Recovery, trailers with 105-foot extendable aluminum ings total network, on 16 I0 kHz. It broadcast helpful informs- towers sporting microwave dishes. Each sat- The Red Cross kept KdlWT on the air for tion about shelters, medical and food ellitedownlinkprovides24telephonclines, many weeks ~pm RC headquarters in sources, FEMA assistance and the like. The some of which were microwaved to provide Miami, long ~ WCdACO at the Dads 400-watt station, located in a tent in a field, ' emergency phone service for Homestead fCC closed ~n. The herculean job of stayed on the air for three weeks, until more Hospital. feeding thou$~s continued long after corn- conventional sources of information were One of the MRVs was later tran.~ ported mercialcommenicationswerereestsblished, readily available, FEMA handed out thou- by a military transport plane to Hawaii. In southern~rida alone, the Red Cross sands of battery-operated AM receivers for The NTTC and MRV phone lines were willhavcservedclosctodmillionmealswith people to listen on. easy to access because they bypassed the the assistance of the Baptist Convention. The National Communications System local telephone trunks and central offices, 26 CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-24 Request: Request for A Variance from the 35-foot Rear Yard Setback Requirement to Allow A Bedroom/Bath Addition Location: 3233 G_ettysburg Court PID No: 19-118-21-23-0081 Zoning: R-1 Petitioner: Bill Kranz/David Pomije Report Date: July 30, 1993 Meeting Date: August 3, 1993 BACKGROUND 1. The petitioner is requesting a 16' variance from the required 35-foot rear yard setback requirement, pursuant to Section 4,034(3) - New Hope Code, to allow construction of a bedroom/bath addition. 2. The petitibner is proposing to construct a 28' x 18' (504 square feet) master bedroom/bath addition in the rear yard of the property off of the northwest comer of the existing structure. 3. The addition would be set back 19 feet from the north rear yard property line at the closest point and City Code requires a 35-foot setback from the rear yard property line, therefore a rear yard variance of 16 feet is being requested. 4. The addition would be located 8 feet from the west side yard property line, which meets City Code requirements because the garage is located on the west side of the home and the required setback is 5 feet. 5. The existing structure meets all setback requirements. 6. The property is located in an R-1 Single-Family Residential Zoning District and is surrounded by single-family land uses. 7. The topography of the property slopes from the rear yard down to the street. 8. Property owners within 350' of the request have been notified and one resident has inquired about the plans. ANALYSIS 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. Planning Case Report 93-24 August 3, 1993 Page -2- 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 Witl~ 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 Safe _ty. 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. The petitioner states of the application that the request should be granted because the shape of the lot and location of the house on the lot make it difficult to add an addition and still meet all the setback requirements. 5. Staff concurs that the unique shape of this pie-shaped property could qualify as a hardship and the additi6n will probably improve property values in the area, not diminish them. It is also doubtful that the addition will significantly alter the essential character of the neighborhood. 6. It should be noted that there are some trees on the adjoining properties that should help buffer the addition. 7. It should also be noted that only the very comer tip of the addition will be 19 feet from the property, line; the east end of the addition will be more than 31 feet from the property line. 8. There is no question that. a 16-foot variance or 46% of the required 35-foot minimum is a sizeable variance request, however, it could be justified under the Code because of the unique shape of the property. 9. Pending input received from neighbors and confirmation that the addition will match/blend with existing structure in style and materials, staff sees no problem with the request. RECOMMENDATION Staff recommends approval of a 16-foot variance from the 35-fo0t rear yard setback requirement to allow the construction of a rear yard addition, subject to the following conditions: 1. Certified Survey be submitted. 2. Architecture/mterials of addition to match existing structure. Attachments: Topo/Zoning/Section Maps Surveyor's Sketch Addition Plans NORTHWOOD PARK i WAY -' ; ~;~_ ~z]I ~4U SONNESYN ~ T:~ ~ ~ ~t~ ~1~ ELEMENTARY ~ ~ SCHOOL ~/ ~TH AVE N. RO VALLEY PARK Ii i ~ 5:> ND AVE. / .. ZONING DISTRICT MAP CITY of NEW HOPE I ~"PZ'.~'II, II~ ' --~.~,.----~--, u/ F}- A O 980,4 42 [ 979.5 42 969.3 969.3 x FL COURT 976.8 × 43 43 96%(.'-~~ 969.1 963.4 X 966.5 × .7 964.3 X × Q -/. 43 969. 966.3 966.3 43 962.7 i-i4 PROPOSED ADDITION FOR: D~tl/ID & PENNIE ~MIJE 3233 GETTYSBURG CT. CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-11 Request: Request for Planned Unit Development Approval Location: Gethsemane Cemetery, Rockford Road & Winnetka Avenue Zoning: R-1 Petitioner: Catholic Cemeteries, Archdiocese of St. Paul and Minneapolis Report Date: July 30, 1993 Meeting Date: August 3, 1993 SUMMARY 1. The petitioner is requesting Planned Unit Development Conditional use Permit Approval, pursuant to Section 4.19 - New Hope Code, to allow construction of a mausoleum and office building and various site improvements as included on the Master Plan development for Gethsemane Cemetery. 2. The Design & Review Committee met with the petitioner on July 15th and discussed a number of iSsues and revised plans were submitted as a result of the meeting. 3. The City's Planning Consultant has prepared the attached comprehensive report on the PUD application and will be present at the Planning Commission meeting to discuss the master plan and the development plans for the first phase of construction. 4. The City is very supportive of the master plan and the phase one development, however, there are still a number of issues that need to be discussed/resolved. Unless an agreement on all issues can be reached prior to the Planning Commission meeting, staff will be recommending that the PUD request be tabled for one month. However, due to the fact that a number of Public Hearing notices have been mailed and a number of property owners will probably be in attendance, staff recommends that both Gethsemane Cemetery officials/representatives and the Planning Consultant be given an opportunity to make presentations. Attachments: Planning Consultant's Report Planned Unit Development Proposal Revised Plans Building Offical's Comments ort we ssoci ed Consultan s, Inc. R B A P L NG D I G N · M A R K E T R S E A R C H PLANNING REPORT TO: Kirk McDonald FROM: Elizabeth Stockman / Alan Brixius DATE: 30 July 1993 RE: New Hope Gethsemane Cemetery PUD FILE NO: 131.01 93.11 EXECUTIVE SUMMARY Background The Catholic Cemeteries of the Archdiocese of St. Paul and Minneapolis have submitted a conceptual masterplan of the overall site and detailed development plans for the first phase of construction of the Gethsemane Cemetery property. A portion of the property is currently developed. The property is located between Boone and Winnetka Avenues on the south side of Rockford Road (County Road 9) and encompasses approximately 82 acres of land. The site is zoned R-i, Single Family Residential. The site is zoned R-I, Residential, which allows cemeteries by conditional use permit. Due to the scope of the site development including multiple buildings, variety of uses, and a phased development, City Staff recommended that the proposal be handled as a planned unit development. As a result, the applicant is requesting a PUD conditional use permit within the R-1 Zoning District. In accordance with the PUD procedure, the applicant is pursuing conceptual approval for the entire site and development approval for the first phase of development. The following review addresses these areas separately as a means of providing the most comprehensive and detailed analysis. 5775 Wayzata Blvd.. Suite 555 · St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 Attached for reference: Exhibit A - Site Location Exhibit B - Existing Roads & Development Exhibit C - Master Development Plan Exhibit D - Mausoleum/Office Site Plan Exhibit E M~u~oleum Floor Plan & Elevations Exhibit F - /~ffice Floor Plan & Elevations Exhibit G Grading & Utility Plan Exhibit H Planting Plan Exhibit I Entrance Plan Exhibit J Phasing Plan Exhibit K Fence Detail Exhibit L Signage Plan and Details Exhibit M Hennepin County Recommendation Recommendation While th~ land use and general layout appear to be acceptable, a number of issues exist that may influence the design and development of the cemetery. Based on staff review, we would recommend tabling action on the PUD CUP for one month to allow the applicant to respond to the following items: 1. The site configuration will be modified to reflect the right- of-way dedication along Rockford Road and Winnetka Avenue. The impact of this right-of-way dedication should be identified in the concept plan and Phase One development plan. 2. All proposed roadways are widened to a width of 25 feet as required under the PUD designation. 3. Relocation of the main entrance to be in alignment with Xylon Avenue occurs as determined by the City Council and as discussed herein. 4. All roadways are curbed and surfaced with asphalt to match those already existing. 5. Delineation of all wetland areas be completed prior to Conceptual Masterplan approval in accordance with the Wetland Conservation Act and is submitted for review by the Bassett Creek Watershed District. 6. The establishment of easements over wetland areas/swales be agreed to as deemed necessary by the City Engineer for comprehensive storm water drainage purposes. 7. All other drainage and utility issues are reviewed and approved by the City Engineer. 8. A signage plan is submitted for review and approval by the City which shows the locations, types, .and sizes of signs to be utilized on site. 9. Revised plans are submitted prior to approval of phase one and detailed site ~lans are submitted with each subsequent development p~ase which are consistent with the approved concept platyP- i0. The existing chain link fence along the perimeter of the property is removed and replaced with another constructed of high quality materials as specified herein. 11. The fence line is setback a minimum of ten feet from all adjacent roadways, as measured from new property lines after the dedication of additional right-of-way. 12. Landscaping plans are submitted showing the type of vegetation and location intended around the periphery of the site to buffer adjacent views and noise as discussed in this report. 13. Consideration be given to providing additional screening to block views toward the maintenance area and the building color is coordinated with other structures on site. 14. Sidewalks are installed along both sides of the main entrance and entrance along Boone Avenue to the intersection of the first cross street on site. 15. Consideration be given to establishing an interim walkway from Boone Avenue to the main entrance area as discussed herein. 16. Provisions for the stockpiling of soil from grave sites and subsequent filling of land be specified for each phase of development. Phase One Conditions 1. Phase One plan must illustrate the right-of-way dedication along Winnetka Avenue and Rockford Road. 2. The temporary office facility is removed within 14 days after issuance of the new office building occupancy permit. 3. All section features, monuments, and similar structures on site be setback a minimum of 30 feet from adjacent property lines. 4. All drive lanes are widened to 25 feet, concrete curbed, and surfaced with asphalt. 5. Parking stalls provided for the office facility are revised to reflect the City's minimum size requirements. 6. A lighting plan is submitted for review and approval which shows the types, locations, and sizes of light standards desired on site. 7. A site plan_b~ submitted for all of phase one as is indicated on the phasing plan which shows the locations of all existing and proposed landscaping, fencing, signage and other site amenities. ISSUES ANALYSIS Zoninq. The subject site is currently zoned R-i, Single Family Residential. Cemeteries are allowed by CUP in this district. The applicant is requesting approval of a Planned Unit Development Conditional Use Permit. Due to the complexity and size of the site, City staff recommended that a PUD CUP be pursued. City determination on conditional use permits is based on the following factors: 1. 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. 2. Compatibility. The proposed use is compatible with its adjacent land uses. 3. Performance Standards. The proposed use conforms with all applicable performance standards contained in this Code. 4. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. 5. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts. 6. In Residential Districts (R-i, R-2, R-3, R-4, R-5, R-0). a. Traffic. Non residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. b. Screeninq. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. c. Compatible Appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent r~sidential properties. The proposed us~ is in compliance with all the CUP criteria as listed above. Additionally, the Planned Unit Development designation is viewed as appropriate for several reasons: 1. The land use and natural features of the site are unique to the area. 2. Multiple structures are to be developed on site. 3. The project will be the result of a single masterplan developed in several phases. 4. To a'ilow greater variety, design, and citing of structures and site features. An R-l, CUP-PUD zoning classification is considered the best means by which to implement the coordinated development scheme over the next 10 to 20 years and into the future. Comprehensive Plan Consistency. The City of New Hope Comprehensive Plan shows the subject property as semi-public land, to be utilized as a cemetery as was originally intended by the owners. The proposed overall Conceptual Masterplan and Phase One development are consistent with the intent of the City's Comprehensive Plan. Conceptual Masterplan The concept plan approval will establish the parameters by which the future development of the site will occur. In this regard, the design elements must be evaluated to insure that they comply with City zoning standards and fulfill the City's development expectations. Land Use. The use of the subject property is generally compatible with the surrounding area land uses which are as follows: Direction Existing Land Use Northeast Commercial Northwest Residential/Municipal Facilities West Residential East Commercial/Industrial South Residential 5 While neither the cemetery or surrounding area land uses will have an extraordinarily negative effect upon one another, the installation of fencing, screening, and landscaping along the periphery of the site has been proposed to buffer the effects of adjacent traffic and-boise so as to create a tranquil atmosphere. In depth discussiQ? of screening and landscaping can be found in subsequent sections of this report. The proposed design provides an attractive open space in the center of New Hope consistent with underlying and surrounding area land uses. Site Confiquration. The site exists as a ± 80 acre lot abutting Boone Avenue on the west, Rockford road on the north, and Winnetka Avenue on the east. The site area and width greatly exceed R-1 Zoning District standards. Hennepin County has requested the dedication of 17 feet of right-of-way along CSAH 9 and the dedication of additional right-of-way along Winnetka Avenue. These right-of-way dedications will in fact influence the overall design of the site with regard to setback of fences, monuments, grave sites, and buildings. The concept plan should be revised to reflect the impact that these right-of-way changes will have on the site design. This will allow the true representation of the proposed design parameters. Vehicular Circulation. Roadway Width. The conceptual masterplan includes a highly integrated system of private roadways which provide direct as well as recirculating connection to all portions of the property. The roadways are used for the parking of vehicles during grave side services and special events. Parking occurs on either one or both. sides of the roadways, depending on the number of people and proximity to the activity. The roadways have been proposed at a 20 foot width which raises concerns relative to the general circulation of vehicles which must utilize the same roadways while others are parked. The proposed 20 foot width does not allow sufficient spacing to park on both sides of the road and still accommodate a passing vehicle. As future portions of the site are developed to include the amphitheater and other areas utilized for special events where large numbers of people will be present in a common location, it is mandatory that through circulation be maintained on all roadways. In addition, the winter months further limit the roadway widths due to snow storage and the PUD regulations stipulate that a minimum 25 foot roadway width shall be employed. For these reasons, it is recommended that all roadways within the cemetery be constructed at a 25 foot width. Relocation of Main Entrance. The master plan proposes to relocate the main entrance from RoCkfOrd Road in a direct alignment with Xylon Avenue. This is highly desirable in that it would create a full signalized intersection at Xylon and eliminate the existing curb cut onto Rockford Road. The applicants have indicated that the entrance would be moved in the second phase of development. Due to traffic volumes and speed on Rockford Road, City Staff believes that the'--resolution of the cemetery entrance responds to existing public safety concerns. In this light, we raise some concern over the timeliness of Phase Two implementation. Phase Two implementation is not specifically defined. As such, there is uncertainty to having the entrance relocated in the near future. City Staff suggests some assurance be made for the timely relocation of the cemetery entrance and the vacation of the existing entrance. This may be accomplished through one of the following options: 1. The main entrance be relocated as part of the Phase I development. 2. The phasing plan for entrance relocation be amended to require the main entrance relocated within a five year date of the PUD agreement or in conjunction with the City/County improvements. of the Xylon intersection. 3. Require a financial security to be posted to insure that the entrance is relocated and existing entrance closed within five years of the date of the development agreement or in conjunction with the City/County improvement of the Xylon intersection. Right-of-Way. As part of Hennepin County's planned improvements to adjacent streets and intersections, additional right-of-way will need to be acquired to accommodate turn lanes. An additional 17 feet of right-of-way is desired along both Rockford Road and Winnetka Avenue. While this provision should not be a problem on Rockford Road, the existence of graves in close proximity to Winnetka Avenue may not allow the desired 17 feet, but rather a lesser distance as determined by the County. This right-of-way should be illustrated on the Conceptual Masterplan and dedicated prior to construction of the Phase One development. Refer to the attached letter from Hennepin County. Surfacinq. The City Zoning Ordinance requires that all areas intended for the parking or driving of vehicles be surrounded by a perimeter curb and surfaced to control dust and drainage. Additionally, all existing drive lanes are concrete curbed and paved with asphalt. To maintain visual and functional consistency throughout the cemetery property, it is required that all proposed drive lanes and parking areas be treated the same. Utilities. Wetlands/Storm Drainage. The subject property contains several wetland areas and swales which must be protected. While the conceptual masterplan indicates the inclusion of wetland areas into the design of the si_~e, further delineation and identification of the types and exact locations of all wetlands will be necessary and is recommended p~br to conceptual plan approval. The maintenance and or potential expansion of the wetlands and swales may also be necessary as part of the City's Comprehensive Storm Water Drainage System. Evaluation and recommendation of this factor will be made by the City Engineer. Should determination be made which necessitates this, the establishment of easement areas and sizing of ponds should occur so that future phases of cemetery development may be accordingly planned and implemented. Public Water. It is anticipated that the installation of irrigation systems and water faucets is desired similar to those which currently exist among grave site areas. Additionally, water service to various structures throughout the site is likely for restrooms or other means. The location and sizing of these systems will be subject to review and comment by the City Engineer. Sic~naqe. The City Sign Code (section 3.40) necessitates that all signs to be utilized on the cemetery property comply with the provisions of this section. A signage plan should be submitted which shows the locations, sizes, materials and types of signs which are desired, particularly identification and directional types. A common design and installation theme should be utilized throughout the site and integrated with the architectural styles of buildings and monuments. Fencinq/LandscaDinq. The development request includes plans to establish a new fence line and some form of buffering along the periphery of the site to screen the cemetery from traffic and adjacent commercial/industrial uses and to add to the overall beauty and solitude of the parcel. In order to accomplish this, the existing chain link fence which is in place along Winnetka Avenue and Rockford Road, should be removed. It is recommended that the new fence and landscaping be setback a minimum of ten feet from the new property lines on the sides of the site after the required right-of-way dedication. No fence or landscaping setback is deemed necessary along the residential properties to the south. However, where grave sites are established along Winnetka Avenue, the fence and landscaping setback will have to vary to accommodate the existing development. The proposed fence design is very desirable and will allow for views into the site both for safety and aesthetic reasons. The location of the fence line should be incorporated into the landscaping plans. The required landscaping plans should indicate 8 the locations of all eXisting ~a~d p~0pOS~d Vegetation and related site amenities which should be coordinated into a unified design. The concept plan indicates extensive landscaping around the perimeter of the site. Detailed design of landscape and vegetative elements may occur with each development phase, however, a written indication of what w~ll likely be achieved is requested at this time, so as to ~cilitate the future evaluation of subsequent phases. - Pedestrian Circulation. As part of the proposed cemetery development, there are several issues which relate to pedestrian circulation on and surrounding the site which must be addressed prior to final plan approval. On-Site Walkways. Since the cemetery is a land use intended for the public, the site should invite persons within the gates and fence line by providing sidewalk connections from the boulevard onto the property. It is suggested that sidewalks be installed on both sides of the main entrance drive and the entrance from Boone Avenue up to the first street intersection where the private drives serve as shared vehicular and pedestrian routes. The sidewalks should be constructed of concrete at the City's design and size specifications. Interim Walkway. The applicants have acknowledged that the public currently utilizes the western portion of the cemetery property as a pedestrian route between Boone Avenue and Rockford Road. City staff recommends that an interim walkway, constructed of wood chips or peagravel, be installed for use by the public until later phases of development are implemented. Existinq Sidewalks. Upon recent inspection of the~ cemetery property and the surrounding area, concern was raised as to the condition of the existing sidewalks along Winnetka Avenue and Rockford Road. Weeds, unevenness of pavement and some cracking was apparent. It is recommended that as part of the planned on- site improvements, the peripheral walkways are also improved and coordinated with adjacent street improvements to present the well- kept image which is desired in the community. ~,ployee/Maintenance Area. The employee and maintenance area for the cemetery is located in the southeast corner of the property. The single building with attached maintenance/storage garages is planned to be maintained in the existing location with vehicular access directly onto Winnetka Avenue. Upon recent site inspection, evaluation of this access showed no problems with regard to vehicular visibility (site distances) or turning movements. While the maintenance/employee building is generally well maintained, its view from the majority of the cemetery is somewhat prevalent. It is understood that as the more dominant structures are constructed, this portion of the site will become less obvious, 9 however consideration should still be given to providing additional screening in this area and/or coordinating the color of the building with others planned throughout the site. Trash Collection. The City Zoning Ordinance requires that provisions be made ~or the proper collection of trash from the subject property.v__ The cemetery owners have stipulated that this function will occur internally through a process by which all refuse will be brought to the maintenance area to be picked up by a trash collection vehicle. This arrangement is viewed as acceptable because it eliminates the somewhat obtrusive effect of a large truck traversing the tranquil site environment and the need to design all roadways at truck sizing standards. Phasinq. Implementation of the conceptual masterplan is scheduled to occur in several phases. A minimum of four phases are planned over the next ten to twenty (or more) years as is dictated by the infill of grave sites and crypts. As each phase nears development, detailed site, grading, utility, and landscaping plans will be required, as will City Council approval consistent with the approved Conceptual Masterplan. The staff recommended that the phasing plan be amended to provide for some assurance of the timely relocation of the cemetery entrance. Phase One Development Han As shown on the phasing plan submitted by the applicant, the Phase One development of the Gethsemane Cemetery property is inclusive of that portion of the site which is already developed and new construction of the mausoleum, office building, and supporting elements as shown on submitted plans. To date, focus has been on the development of the new buildings, rather than Phase One in its entirety. Prior to final approval, it is recommended that additional improvements be made to fencing, perimeter landscaping, signage and upgrade of the maintenance building as discussed herein. Buildinq ComDonents. Setbacks. The minimum building setback from adjacent roadways shall be 50 feet, as required along such thoroughfares. The required building setback for non-residential structures from residential areas is 25 feet. The proposed location of all buildings on the Gethsemane Cemetery property meet or exceed these requirements. Heiqht. Building height limitations in a PUD are based on the requirements of the underlying zoning district. Thus, the maximum allowable structure height which is permitted in the R-1 district is 35 feet. The proposed building height of the office facility is 10 20 feet, 6 inches and the maus01eum height is proposed at 35 feet. Thus, both structures are in compliance with the Zoning Ordinance requirements. Architectural Compatibility. Integrated planning and architecture are key components Df a Planned Unit Development project. The City's Commercial Core Design Guidelines requires that buildings be massed in such a-~ay as to create a cohesive identity and uniform image. The color, design and materials chosen for the mausoleum and office facility are viewed as highly desirable and represent the quality and consistency desired by the City which are in compliance with the intent of adopted regulatory documents. All roof-top equipment and other such necessities should be screened from view and coordinated with the building color/materials used throughout. Temporary Office Buildinq. There is~currently a temporary office facility being utilized on the cemetery property. Removal of the structure should be coordinated with the occupancy permit issued for the new office facility, whereupon 14 days will be allowed to remove the temporary office structure and associated elements. Section Features/Statues. Many structural site amenities have been proposed throughout the cemetery property including monuments, statues, a main entrance gateway, and pergola. While these are to be utilized as landscape elements, they are structural in nature and will therefore be required to maintain the setback and height requirements of the underlying zoning district. In this regard, it is recommended that a minimum 30 foot setback (the base setback of the R-1 district) be imposed from all property lines. Since the structures are not intended for occupancy, the required 50 foot building setback is viewed as extreme. Vehicular Circulation. Drive Lanes. The twenty foot width of drive lanes which have been shown throughout the cemetery property do not meet the requirements of the PUD regulations. For reasons as discussed previously in this report, it is recommended that they be widened to 25 feet. Parkinq. In association with the construction of a new office facility, parking must be provided at a ratio of three spaces plus one for each 200 square feet of floor area. In this regard, 13 total spaces are required, including one handicapped stall. The submitted plans show eighteen standard spaces and two handicapped spaces, thus meeting and exceeding Zoning Ordinance requirements. The dimension of the spaces, however, needs to be adjusted to reflect the City's minimum size requirements of 8 feet, 9 inches wide by 19 feet in length. 11 The chapel area within the mausoleum necessitates that additional parking be provided on site. A special parking lane has been established in front of the mausoleum which is separate from other drive lanes and parking areas. The adequacy of the parking lane was evaluated against the City's parking requirement for churches, since no specific parking requirement exists for chapels or mausoleums. A standard of one space per three seats necessitates that 34 parking s~lls be provided, as based on a seating capacity of 100 people. The proposed parking lane measures approximately 390 feet in length. This distance, divided by 19 feet (parking stall length) allows for the parking of 20 vehicles in each of two lanes, for a total of 40 parking stalls. The proposed mausoleum and chapel parking is therefore in compliance with the City's Zoning Ordinance standards. Landscapinq. A landscaping plan has been submitted for a portion of the Phase One development. Our review of the plan indicates that the design and vegetative species chosen for this portion of the site represent a very aesthetic and appropriate arrangement. The proposal is consistent with the intent of the City Zoning Ordinance. A more comprehensive landscaping plan which includes all of the Phase One land area, giving specific attention to property line landscaping along Winnetka Avenue and Rockford Road, will be required in addition to the one received to date, so that proper review of screening materials, fencing, etc. can be accomplished by the City and is documented. Liqhtinq Plan. As part of the submission requirements for site development, a lighting plan is required for review and comment by City staff. The plan(s) should show the types, locations, sizes, and styles of proposed light standards. All lights must be arranged so as to deflect glare away from adjoining streets and residential zones. CONCLUSION Both the Conceptual Masterplan and Phase One Development plans have been, in general, well designed and coordinated. The project is expected to be a desirable addition to the City which adds a form of beauty, character, and uniqueness to the community and promotes the gathering of residents for a common purpose. Based on the preceding review, we recommend that approval be granted for the Conceptual Masterplan and Phase One Development plans in addition to the requested conditional use permit. 'Our recommendation is contingent upon satisfaction of the conditions outlined in the Executive Summary of this report being met to the satisfaction of the City. 12 . --gALE I CENTER- r~() LI,vE ~R aTTH cemetery PL N PL. < EXHIBIT A LOCAI'ION ~F--NNEPlN COUNT'Y, MINNESOTA Entrance ~-- . .~ Maintenance Area EXHIBIT B EXISTING ..ROADS & DEVELOPMENT I I, i',tl:.W bllNOIt t;.4,'l'EW.4,¥ ~ z .~_~.---------- ; '"'\ ~ ' 2. mt j~l fl j:o mtcJ~ i. A NI)SI]A,I'E II, U i;'I;'E It )JO~lj.... ]. COIINEIt ~,IOIHU~II;.N'F j >- 'J I ?. VEItl'IC,~I.'I'EItJ y f. Ai)L)$16C. TIONI;I.:ATUIIE 19..t}ll~llll'lll':A. Jl;-.It (J~ ~']~<:~'~'~([~ ~]['J~(~ ~J~][~ 6. 51;..CI'IONI;EATUIII(CI'YI'.);J: 20. WI~.TI..tNI) 7. 5 U U -51':L~t'ION I:E AT U Il I& ('1'¥1~.) ;Jo 2 I' VUTUIJE CIIAI~EL' JJ NEW HOPIZ, ~]_NNE$OT.~ ~. -j.j~.,~,cc,.cL~,,~E^Tu.,.: ~. .~At~£KS wACl~£1t w,.'~ J*.EItGL¥. I,.4C. 9- GI~.TIISE~,IANEGAIIDEN- 5ECTI()F4 FEA'I'UI(I~ 23. I;OUI'4TAIN L.,,,t~,SCAPF.. ~tRclllT~CTa & eI.A,~"4E, n..~ 10. SUBSTAJ~i'IAI. ROCKFOItD ltQAD i. AINI.JSCAPINt~ '24. I;IJTUIIE ~IAU5OI .EU~I rrJ 12. COI.tJ~I§AIIIIJ~Ul3,~I~DEH ~I,~I. JSOI.EA 26. I~EllL~Ol..& X 14. NE%¥OFI~ICE 2i. I.:$'l'.&'l'l{ LOT ,.rs i 5. ENTIt~.NCE MONUMENT 29. 'WETLAr.;i) O ffl X l ........ o ...... I f .... '"" .... t --I Prol} sR1 fox': GET CEMETERY ........... ;"~'"; NEIM llOPE, MINNESOTA ITl I '...~:,.'.'.'.'... ::'.::...'..:..'.,: := .'.~ . .: ..:~: · ... aso S,NG,.E CRYPT SP^¢Vs FLOOR PLAN 24 coucil CRYPT SPACES S~LE: 3/16' · 1'-O' 608 TOTAL NIClIE SPACES ! " H ..... II ' FRONT ELEVATION RIGIlT SIDE ELEVATION ELEUATIONS S(~.ALI:~' III&' · --ffi .~.---..---..- GETltSEMANE CEMETERY .~,"~'~ ..... ~-" . --I ................ Proposal for: N~v~ ~oPE, ~N~ESOT^ , ........... ,,,. ! I~EAi~ ELEVATION ELEVATIONS SCAL~:, ,l~i&' · ~ ~ME " PLAN EXHIBIT J 10'-~' 10'-8' ~ 10'-8' - TYPICAL. FENCE/COLUMN ELEVATION · EXHIBIT K }EXIS'riNG 9 SIGNAGE PLAN LEGEND PRIMARY MONUMENT SECONDARY MONUMENT DIRECTIONAL SIGN EXHIBIT L- 1 INFORMATIONAL SIGN ~ ~ ROCKFORD ROAD SCALE: ~A~.~=EET '° .ORT". .--- -' .... ~'--.. '_/_~~ · A/RockFORDI [ SiTE PLAN MO EXHIBIT TOP VIEW . 1 I'-S' '" :":: '; .'/.'i::"CENIETERY-(?:~'"";:':"::"';'.":: · .:.:":: ::".-.i .: :.: ' i; ... .. ~:1: '!!l'-'.".'.['i '.41: '.'.' :['::'::. ':.'1:-.:'"'."-: :i:::':':~'1':.'. i ' · It;"':[):i'::l~:" :'"~"" ':' ~';" :'"'~'"": "'":"~"': :'" '" ':'~'~ "~ :' ":1 " · :--'-1 '-.: .- :.' :. "..'-~'. t"..'t.'.':, 4':":': ;. ':'[:'.~: ".11.~. [.:: · ,.,. ,..,~.. :.., .... ,.,~: .... ., .... . ,:.::. , .' FRONT VIEW SIDE VIEW (~) PRIMAI~ MONUMENT ELEVATIONS ..:. EXHIBIT L-3 (~_.DIRECTIONAL SIGN ~. ~1~ .To l~Vl~ ~TAI~ m-s~ ~~ ~, ~. {~ DIRECTIONAL SIGN " EXHIBIT L-6 INFORMATIONAL SIGN ~-~ I! HOURS Mom - Fri. .m. - Sat. 10 a. ~. - 12 ,[.,..,.. !__.Sun. ~ . ~._1~4.~,-~_~.. . . C GATES ' ~,, Open 8 a.m. ~Closed ~ p.m.. F' ~u~" '" .. :~~, l Cut 'ers only.. d~oratio~. EXHIBIT L-~ DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South Hopkins, Minnesota 55343-8468 HENNEPIN PHONE: (612) 930-2500 FAX (612) 930-2513 TDD: [6~2] 930-2696 ~uly 23, lg~3 Kirk ~cDonald Community Development Coordinator City of New Hope 4401Xylon Avenue North New Hope, MN 55428-4898 Dear ~r. McDonald: REi Proposed Development Plan - Gethsemane Cemetery CSAH 9, North side, between Boone Ave. and CSAH 156 (Winnetka Ave) Section 18, Township 118, Range 21 Hennepin County Plat No. 2076 Review and Recommendations We reviewed the above development plan and make the following comments: · To provide adequate right of way for future improvements to CSAH 9, the developer should dedicate an additional 17' of right.of way, measured from the existing right of way line, along this segment of CSAH 9. · Based on projected traffic volumes future channelization and upgrading of CSAH 156 (Winnetka Ave.) would normally require a right of way width of 50' from the center of CSAH 156; but because of the proximity of the graves along CSAH 156 the developer should dedicate as much right of way as possible along this segment of CSAH 156 without interfering with the grave sites but provide a minimum width of 43' from the center of CSAH 156. It must be noted that any right of way width less than 50' east and 50' west of the CSAH 156 centerline will likely result in a roadway shift and/or other compromises, in.the functioning of CSAH 156. · Hennepin County requests the opportunity to review all future phases of this development. · The proposal of relocating the main cemetery entrance to directly opposite Xylon Avenue and closing the existing driveways is acceptable to Hennepin County. · All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to driveway removal, drainage and utility construction, trail development and landscaping. Contact our Permits Section at 930-2550 for utility permit forms. HENNEPIN COUNTY an equal opportunity employer EXHIBIT M Kirk McDonald July 23, lgg3 Page 2 · The developer must reatore all areas disturbed during construction within County righ~ of way. Please direct any Fesponse to Les Weigelt. Sincerely, lhomas D. Transportation Planning Engineer TDJ/LqW:lw PLANNED UNIT DEVELOPMENT c New Hope, Minnes0-ta ARCHDIOCESE OF ST. PAUL AND MINNEAPOLIS 244 Dayton Avenue St. Paul, Minnesota 55102 Ph: 291-4533 PLANNING CONSULTANTS: SANDERS WACKER W'EHRMAN BERGLY, INC. Landscape Architects and Planners 365 East Kellogg Boulevard St. Paul, ]Minnesota 55101 Ph: 221-0401 ARCHITECTS: o Mausoleum: McF Architects, Inc. McClesky Mausoleum Associates 6244 Crooked Creek Road Norcross, Georgia 30092 o Office Building: Habitat Architecture Harold Kashani, AIA 9901 Harrison Road Suite 318 Minneapolis, Minnesota 55437 o Consulting Architect: William T. Farnan, AIA 2303 Fifth Street White Bear Lake, Minnesota 55110 The Catholic Cemeteries, Archdiocese of St. Paul and 1Minneapolis is the Fee Owner. July, 1993 GETHSEMANE CEMETERY New Hope, Minnesota PLANNED UNIT DEVELOPMENT I. PURPOSE Gethsemane Cemetery has planned for many years to construct a mausoleum and an office building, and make other improvements as allowed by the budget. As part of the process of determining specific improvements and the most appropriate long-term locations, the Cemetery felt it was critical to prepare a long-range Master Plan. On April 13, 1993 the Master Plan was presented to the New Hope staff and consultants. It was determined at that meeting that the PUD procedure would provide a very workable approach for Cemetery development, providing flexibility for a unique, non-traditional land use. Standard parcel-by-parcel development as envisioned in the basic zoning district regulations simply does not relate well to Cemetery development and use. II. PROPOSAL All three stages 'of the PUD Procedure are contained in this Application as follows: A. PUD Concept Staee The attached Executive Summary of the Master Plan Report and the Illustrative Master Plan constitutes the Concept Plan Stage. The complete Master Plan report contains: 1. A glossary of terminology used in the Cemetery Master Plan 2. Issues, Goals and Objectives 3. The Development Plan 4. Phasing 5. Cost Estimates B. PUD Development Stage The Mausoleum, Office Building and adjoining site improvements are 1st Stage Improvements for immediate development proposed in the 'Detailed Site Plan Stage" and will therefore, skip the ~Development Stager. Improvements proposed for 2nd Phase development will be shown in a schematic form. These improvements include: 1. New entrance at Xylon/Rockford Road intersection. 2. Divided axial entrance drive, extending south from the new entrance. 3. Fence design along Rockford Road frontage. Plans for these components are developed to the point where they represent our design intent for the improvements but the details may change when we submit the plans for the Detailed Plan Stage prior to development. C. PUD Detailed-Site Plan Sta~,e First phase improvements proposed in this application will be confined to the area lying between Xylon Avenue and the existing entrance and-extending from Rockford Road south approximately 600 feet to an existing Cemetery drive. All improvements are designed to meet the objectives in the Master Plan: high quality materials and timeless design; integration of design, materials, massing and detailing; significant glimpses of buildings from outside the Cemetery; orientation to major Cemetery axis. 1. Indoor Mausolenm - A building designed for above ground entombment, where caskets are placed in concrete crypts. a. Building contains 1,080 crypt spaces and 608 cremation niches approximately 1/2 are accessible from the exterior and 1/2 from the interior. b. Exterior walls (crypt end covers) will be granite, vaulted roof will be metal sanding seam; interior walls will be either granite or marble and floor will be granite,-marble and carpet. c. A 27' x 57' space in the center of the mausoleum will be for conducting the "graveside" services and for small groups of visitors. d. The building is approximately 16 feet high except for the vaulted areas above the gathering space (35') and front access hallway (23'); and is approximately 69' x 109' with an 8' overhang on the north and south sides and over the east and west entry points. 2. Office Building a. Building is designed to reflect the. character of the mausoleum to create a feeling of completeness and balance to this key 'area of the Cemetery. Wood frame building with exterior of stucco with granite accents and detailed features balances the scale and permanence of the mausoleum but at a smaller scale. b. Total floor area is about 45' x 45' or 2000 sf. c. The fiat roofed portions are 12' high with the peak of the entrance/lobby gable about 19 feet. 2 3. Site Plan The symmetry of the 2 buildings is extended into the site giving a sense of order and stability. a,:'-- The site can be divided into 3 basic user areas: (1) The site area between Rockford Road and the office building will be treated as the 'front yard" for the view from Rockford Road. (2) The site area between the office building and the mausoleum will be treated as an interior court with short range views and attention drawn to the site features and the building facades. (3) The site area south of the mausoleum will be a secluded., quiet area surrounded on the south, east and west by-a series of six granite garden mausolea. The structures are not proposed to be constructed until the later years of the first phase, but the 'Prayer Garden' within the space defined by the structures is planned for early construction. b. Interlocking precast pavers will extend across the drives connecting the two buildings with a strong visual and functional linkage. A pair of obelisks along the walks in front of both buildings will add a vertical- feature to enhance the dramatic building entrances. Another larger obelisk will be the focal point in the Prayer Garden. 4. Corner Feature The Winnetka/Rockford Road intersection feature. III. MAPS AND PLANS A. Existing Conditions The following maps and graphics depict various aspects of the existing Cemetery site and its context in the City: 1. Location 5. Existing Topography 2. Ownership (includes wetlands and 3. Existing Zoning surface drainage) 4. Existing Roads and 6. Existing Conditions Development 7. Existing On-site Utilities o Existing City Utilities (see Site Plan) 3 o Slope analysis (the portion of the Cemetery in which development is to be done as part of this Application was graded in 1960 for Cemetery use. Consequently only minor regrading will occur. The steepest existing slopes are in the 6 % to 7% range). B. Proposed t~evelopment 1. Site Plan 2. Grading and Utilities Plan 3. Planting 4. Mausoleum Perspective (see Landscape Plan for actual tree and shrub locations) 5. Mausoleum Floor Plan 6. Mausoleum Elevations 7. Office Building Floor Plan 8. Office Building Elevations 9. Winnetka Avenue/Rockford Road Intersection Feature (81/2 x 11 only) C. PI~D Development Sta~e (Schematic) 1. Proposed Xylon entrance (with signage) and Main Cemetery axis. 2. Typical fence elevation (81/~ x 11 only). D. Signaee Plan (8~,4 x 11 only) 1. Sign I.ncation Plan 2. Winnetka/Rockford Feature Plan (lst Phase Construction) 3. Primary Monument Elevations (Winnetka~Rockford Feature and Main Entrance) 4-6. Directional Signs (lst Phase) 7. Informational Sign (lst Phase) 4 PARKING/TRAFFIC COMPONENT Gethsemane Cemetery I. GENERAL - A. As noted in the Cemetery Master Plan, the existing Rockford Road Entrance wLlI be utiliTed during the 1st Phase (years 1-5). B. The Xylon Avenue entrance will be constructed during the 2nd Phase (after year 5), at which time the existing entrance will be closed. C. The Winnetka Avenue maintenance area entrance will remain open as a secondary entrance. TRAFFIC A. Graveside Services 1. Over the latest two years, 29 to 30 processions per month have occurred. 2. Funerals occur at off-peak traffic hours. 3. Size of processions: a. Large processions will generally consist of 40 to 50 vehicles ~d occur perhaps once or twice per month, or ~:~ss than 10% of all processions. b. Small processions of fewer than 10 ears occur frequently, estimated at about 20 to 30% of all processions or about 10 processions per month. The remaining 60% to 70% would be in the range between 10 and 40 cars and would account for the remaining 10 to 20 processions per month. 4. Funeral processions are led by traffic patrolmen usually on a motorcycle. Through traffic on Rockford Road is stopped at the Cemetery entrance while the procession enters the Cemetery. Traffic safety is protected by the presence of the patrolman and the potential for traffic conflicts is lessened by the off peak hour schedule of funerals. 5. While traffic ~ the Cemetery for graveside services is in a continuous procession, traffic ~ the Cemetery 1.) is staggered over a longer period of time; 2.) will use both the main entrance and the maintenance entrance; and 3.) will be travelling in several directions with a mixture of right and left turns. The Cemetery reports that this procedure has never resulted in traffic problems or long delays in exiting. The use of the Cemetery for graveside services is scheduled for off-peak traffic hours so conffict with the external street traffic is negligible. 5 B. Visitors 1. Except for special holidays, not more than 3 or 4 visitors are at the Cemetery at any one time and most often there are no visitors. 2. Merfiorial Day is the peak visitor day, but it corresponds to a very low level of use on public streets. Major street volumes are down roughly 37% from average weekday traffic. (See attached letter from SEH Engineers.) C. Staff 1. Eight to ten employees are present on the site at one point in time. 2. Employees arrive between 7:30 and 8:30 a.m. and leave between 4:30 and 5:00 p.m. D. Overall Trip Generation 1. From the trip purposes above, it is estimated that total average number of trips per day would be in the range of 100 to i50, with most of these occurring at the one or two graveside services. 2. Approximately 20 trips per day would occur during the morning and evening peak travel times on Rockford Road and Winnetka Avenue with 3/4 of the trips using Rockford Road. E. Traffic on Surr0undin~ Street System (Data from Hennepin Co. Transportation Dept.) 1. Rockford Road west. of Winnetka: 26,300 ADT a. 7:00 a.m. - 8:00 a.m.: 56% east bound; 44% west bound b. 4:.15 p.m. - 5:15 p.m.: 45% east bound; 55% west bound 2. Winnetka Avenue south of Rockford Road: 13,600 ADT a. 7:00 a. m2 - 8:00 a.m.: 25% east bound; 75% west bound b. 4:15 p.m. - 5:15 p.m.: 63% east bound; 37% west bound 3. Signal Lights at the Xylon Avenue/Rockford Road intersection (west of the exist- ing entrance) and Winnetka Avenue/Rockford Road intersection (east of the exist- ing entrance) create breaks in the traffic facilitating, Cemetery access and egress in all but the most extreme traffic conditions. 111o PARKING 1. The parking pattern for cemeteries is unlike parking for any other use because of several unique characteristics: 6 a. Cemeteries have all private streets used only by Cemetery staff and visitors - no through traffic. b. Group parking for graveside services is carefully planned and led by the C_ emetery staff. c. Parking is short term - usually 15 to 20 minutes. d.,--- The practice has been continuing unchanged since motor vehicles have been used; and by horse and carriage long before that. 2. Office (proposed) - 2000 sf Building a. Required: 3 spaces plus one for each 200 sf of floor area 2000 + 200 = 10 + 3 = 13 total spaces required b. Provided: 20 spaces (10 east of office, 10 west) 3. Maintenance Area (existing) a. Now has 7 spaces in lot east of building (actual need is 4 or 5) b. Considerable space is available west of building to construct additional parking if needed. 4. Graveside Services (funeral procession) a. Processions are led by Cemetery Superintendent to burial site. Cars park single foe along curb behind lead car. Both sides of road are used for large processions. b. All parking is short-term on Cemetery drives. 5. Mausoleum Services (funeral procession) a. Processions are led by Cemetery Superintendent to mausoleum. Proces- sion would circle mausoleum block; lead car would park in front of mausoleum along curb followed by other ears parking in single file; both sides of road would be used for large Processions. b. The drive immediately north of the mausoleum is reserved for mausoleum parking °nly - no other Cemetery traffic. The adjacent road to the north is the Cemetery drive serving the office area and general circulation 6. Special Holiday Group Events. (Memorial DaY, Veteran's Day, Special Church Holidays) a. All parking is on Cemetery drives. b. For occasional large events, parking would be allowed on unused turf areas near the gathering place. c. Past experience has shown that up to 1000 visitors can be expected on the peak Memorial Day Service. At 2.5 people per vehicle, 400 parking spaces would be needed. Bio problems have ever been experienced for these occasions. 7 7. Visitors to Graves a. All parking is curb-side near the gravesite. b. In all but very unique cases, only 1 car is involved. 8 ~ a35,35 VADNAISCENTERDRIVE. 200$EHCENTER. ST. PAUL. MN55110 61E490-£000 800325-2055 AROd-.IITECTURE ENGINEERING * ENVIRONMENTAl.. TRANSPORTATION July 26, 1993 _ _- RE: Sanders, Wacker, Wehrman, Bergly · Gethsemane Cemetm*y SEH File No. A-MISCF~023.00 Mr. John Bergly Sanders, Wacker, Wehrman, Bergty, Inc. Landscape Architec~ and Planners 365 E. Kellogg Blvd. · St- Paul, MN 55101 Dear John: I have reviewed the parking/traffic component of the Planned Unit Development Report ' you prepared for Gethsemane Cemetery in New Hope, Minnesota. I am in concurrence with the parking and traffic aspects of the report. Cemeteries appear to be a very unique traffic generator. A review of our library did not find any information relating to traffic generation and parking at cemeteries. Therefore, I believe past experience to be the best indicmtor of accommodating a cemetery's traffic and parking needs. The small volume of daily traffic generated by the cemetery does not pose any unique problems for the adjoining roadways. The second phase of construction, which would create a new entrance at:the Xylon Avenue intersection, will definitely enhance traffic control and access becauseiof the permanent presence of the traffic signal. The design of the Xylon Avenue entrance is adequate for accepting the inbound funeral processions and accommodating the storage for the outbound traffic. With regard to parking for the mausoleum, the design of the mausoleum procession lane adequately accommodates the immediate stacking and parking needs for the mausoleum, as well as allowing for other traffic to: bypass those parked vehicles and circulate through the cemetery. The time of most concern for a cemetery's impact on the surrounding area is generally Memorial Day~ This appears to be the time when cemeteries generate most traffic. Gethsemane Cemetery will have room to meet the parking demand for Memorial Day on the cemetery roadways and on tuff areas within the cemetery site. There is no indication of problems in the past relating to the use of the cemetery on this particular day. As mentioned in the report, traffic volumes on most public streets are generally down on Memorial Day. This is substantiated from Hennepin County's automatic traffic recording SHORT ELL IO TT HEN~RICK$ON INC. MINNEAPOLIS,. MN ST. CLOUD. MN CMtPPEWA FALLS. WI MADISON. Mr. John Bergly July 26,1993 ' Page 2 ~-~ station located on Broadway Avenue between 42nd Avenue and Highway 100. For the month of May 1993, the aver. age daily traffic at ~ location was 19,063 while the average weekday traffic was 20,442: These both compare to the Memorial Day traffic which was 12,931, or a reduction_of-approximately 37% from the average weekday traffic volume. Tkis information confirms that the traffic generated by the cemetery on l~emorial Day will create minimal impact on the surrounding streets because of their lower volumes. In dosing, it is important to note that the operation of the cemetery has not changeci and, to my knowledge, there are no reported problems with the operation. Sincerely, Thomas A. Sohrweide, P.E. Traffic Engineer 'TAS/kam Enclosure MIItltESOTA ~EPARTMENT OF TRANSPORTATION PROGRAM-~IA~IAOE~EIIT TRAFfiC ~ATA A~D ANALYSIS DAILY A~TO~ATZC TRAFFIC R~CORDER BRTA 372C FlAY 1993 ~65~5~ 19,063 20, ~q2~ '!7,370 AVERAGE DAILY RELATED TO 93.2) IOg.TA 137.5~ ~AY ~ATE ~A~lY TOTAL SUN 2 lq,71~ 9 '15,~00 16 lq,091 Zq '19.63q 11 21,269 ~(EO 5 19 20,165 THUR ~ 20,80~ 1~ 21,060 27 2~, FR~ 7 22,249 21 2B 2~, SAT 1 17,9~3 I7,26~ _-{~rocess of Development of Plan At the June 11, 1992 Board meeting, Board Members directed John Cherek to develop a comprehensive plan of development for Gethsemane Cemetery wkich encompassed both a master landscaping plan and a financial plan. The primary factors providing the impetus for such a plan were: ~ 1) To Determlneanappropriate location for the construction of a mausoleumand cemetery office 2) To Recognize the need for a dramatic facelift of the overall cemetery thereby improving its marketability. In response to this directive~ a pla~ming committee was formed. During the months of October 1992 through January 1993, a master plan was fo~.~nulated in consultation with John Bergley and Mark Salzman, Sanders-Wacker-Wehrman-Bergley, Inc., landscape architects and planners. Following thecompletion of the Masher Plan, Bou].ay, Heutmaker, Zibell & Co. prepared a fin~lcial plan for the first phase of the Piton which is projected to occur over a five year period,. 1993 - !997. Over~]lDevelopment Concept The cemetery is at once a place of the living and of the dead.., it is a fam~iy place, a social space and a focal point wP~ch draws people together by the common experience of death... Gethsemane Cemetery utilizes fluid, winding drives, formal axes and a subtle grid pattern to encompass a variety of landscape experiences ... building and arcP~tectural features are positioned to create a sequence of focal connections with a'varied sense of scale ... creating smaller scale, more intimate areas'which encourage family visits and private meditation .... .Key Objectives of Master Plan * To provide a choice of burial options that wi]! provide flexibility in response to current needs and.future burial trends * To develop the cemetery in a staged m~nner in accord w/am%ual goals and landscaping standards * To provide opportunities for local parishes to become involved in section development/utilization * ~'o determ~e the most appropriate access (e~'~-rance) point * To establish ax, attractive definition of all Cemetery property lines * '£o relate all b-u-ildlngs and architectural components directly 'to a centra~-kxis * To provide large a~nd small scale gathering spaces for use by individuals or parish groups To use la~_dscaping to create a feeling of sanCtuary, worsllip, reflection, and a sacred place Synopsis of Master r~ndscap~ng Plan The n~ster landscaping plan envisions a c~_metez-y which is totally integrated in design yet provides for staged development which can be ad.apt~=d to changin.~ burial trends as well as future creative ei,}uancements or ].and use. The plan assumes a major change in the location of the main entrance from its current position to a more centralized ga-teway at Xylon Avenue and Rockford Road. It assumes the const?uction-of a 1200'~ crypt chapel mausoleum, a new office. facility, the incorporation of several architectural features/shrines at key perimeter and section locations, and a landscapiPJj initiative -to 'screen off 'the. cemetery from 'traf_~ic -and local businesses as well as to add overall beauty to the cemetery. Future-development will seek to encourage a variety of church activities' by ut-i~ization.--.-of the mausoleum chapel, an out..~hoor chapel and gathering 'space, a prayer/meditation garden, and an amphitheater _positioned near a pond area. Implementation Implementation .of the plan is scheduled to occur in four (4) major phases: Phase I' (1 to 5 years): * Const_~action of Mausoleum and cemetery office are top priority * Landscaping treatments to-screen Sections cu~-rently utii~zed for burial ' * Section features / shrines promised to present lot owners several years ago * Other significant features/shrines/landscaping elements to e~atsting key location in order to increase curb appeal and overall marketability of new burial sections Estimated Cost: 2,039,425 Pha~e II (Be~-~ after completion of Ph~e I) " * Construction of new entrance at Xylon Avenue is top priority * ConstructiOn of new roadways and grave sections in centra~rea of cemetery * Continue w/perimeter landscaping treatments EstimatedCost: 542,070 Phase TIT & IV (T-defi-~te term) * Completes development of remaining 40A as future burial needs dictate Estimated cost: Pha~e III 215,000 (incomplete) Phase IV undetermined MAPS & PLANS Cemetery t __~"~ 4~ PL ~ LOCATION -~ ...... ~ ;,,~ '~-~'-, -.~"1~ .............. ~ ~,,.& t,,.~ e.~ ,~ ~, ,I ~.~ ........ - ....... T.~ O~oc~s~. oF $~t, rt P,,ut.,3 rd~,ious coqx~{ion,m,m.r a~ O~ _ ~.'~7-~ C_~e~,.,.~ ~h W~',~m!, Cou,~ OF g,~,~S~x [ S'~'On ~'~i',~..~{J3,{ u~ ~,'c£,,4a~'R k.P.'t%3, ' · ~ OWNERSHIP AVE : CIVIC ~ CENTER 5 NEW HOP CiTY HALL ~' SWIMMING POOL a' ~TE --' FIRE BRETHE STATION R.O I E R- , PhaseB q.~ ion Area sc~ ~wooo LA. HWOOD BOONE iRK EXISTING ZONING ~ETIqI3S_MAN~- C:EM T~_P,.Y Entrance ........ --"":' ..... Maintenance Area ~7~ EXISTING_ROADS & DEVELOPMENt__ See Site Plan For Current Wetlands ~i ,, Topography in This Area DireCtion of Surface Drainage ~ NOTE: This Sheet And All Subsequent Plan Sheets Are Oriented With North To The Bottom Of The Page EXISTING TOPOGRAPHY GETHSEMANE CEMETERY ~_~,~ ~ New Hope ~-:, ,~ 'r Minnesota _,~_ -~ ON-SITE UTILITIES ,- , '--.-.~-'-,/ / ,,--~-~ / ",, ~' ,' , ,-~" I~.~--'1~ I ,/ .... .:..- ~._...,,;,.. .,,- ,,... ,:..>- ~.~y ~:--- ,, .... ..~Q" " .... ---~ I ~ ,ti / / __/ \~. / // ..... J I I ' / \ I/ · .... ~. ' :.,..~."~ x , ~,~.~,~ · o.~ ' & UTILITY ...... ';-= "'"' ........ PLAN PLA b4. T LIST GETHSEMANE CEMETERY TREES As 4 Acer sacchamm 'Green Mountian' Green Mountian Sugar Maple 2-I/2" Cal. BB Fp 4 Fraxinus pennsylvanica ~atmorc' Patmore Ash 2-1/2' Cal. BB Gb 18 Ginkgo bilOba Maidenhair Tree 1-1/2" Cal. BB Gt 2 Gleditsia triacanthos incrmis 'Skyline' Skyline Honeylocust 2-1/2' Cal. BB Tc 16 Tilia Cordata Greenspire Linden 2-1/2' Cal. BB ORNAMENTAL TREES Ag 3 Acer ginnala Amur Maple 5' Ht. BB Clump, 3 stem min. : Ax 8 Amelanchier x granditlora 'Autumn i Autunm Brillance Serviceberry6' Ht. BB Clump, 3 stem min. : Brillance' Ms 5 Malus 'Snowdrift' Sno~vdrift Crabapple Transplanted from site ..... Sr 3 Syringa reticulata Japanese Tree-Lilac 1-1/2" Cal. BB EVERGREEN TREES Pg 4 Picea glauca densata Black Hill Spruce 6' Ht. BB Pp 10 Picea pungens Colorado Spruce 6' Ht. BB Pn 9 Pinus nigra Austrian Pine 6' Ht. BB Ps I 1 Pinus sylvestris Scotch Pine 6' Hr. BB DECIDUOUS SBRUBS CI 114 Cotoneaster lucida Hedge Cotoneaster Bare root! Js 48 Juniperus chinensis 'Sea green' Sea Green Juniper 18", BB PERENNIALS ANNUALS/BULBS Proposal for: ~ERy NEW HOPE, MINNESOTA FRONT ELEVATION :".'-1 I":"t.I'I",II.:II..I:H'.IIIIIIII":~;!~TIU~INi!::~:I',,,,',~.,.,tlI"I~.:I I"'.1 ;~t I' I" "::'::' ' ": · ~ '':'~:~: ~ ~:~;~';t'.' .I.'.,,'~;:.:1-'1.-..I '"1 I.'l RIGHT SIDE ELEVATIO~ ELEVATiO~S 2 ) Iii I:H::T':'::I"'-i~;:HI."-I'?]'' ~, ;;..: .?': : .";'; l?.: il I~F~I I!~;:I'IH :'~.'I?)~,;:;~'~: .... 1'' "1~";,,l:.~'''. -..l'~,l tl II I*!. 1.2 I:.'l.;:!:i.-t. I. t ;.I; I,l(.'.'i(, 1...; i...: 11/71-11_]ILIIEJ?]I ,- ;1:~; !;;~'1, ,:1,.I, I.,.I ~ I.?1;~i.I ,.I ~.. I,.'1 ;'i] I'1 REAR ELEVATION ELEVATIONS SC. ALE: 3/16" · 1'~0' Proposal for: GETHSEMANE CEMETERY , N,EIV HOPE, MINNE~.S~OTA A~31~3D 3NV~gSHI3D LE~ SIDE ELEVATION v4': r-o' FRONT ELEVATION ' ' I ....... WILLIAM T. FARNAN A.I.A. . . 2303 Fifth Sl:reet White Bear Lake, MN 55110 (612)426-93qx Date: July 23, 1993 To: New Hope Planning Commission and Staff From: Willaim T. Farnan AIA Architectural Consultant to Gethsemane Cemetery I ~,,: ;~rztln~ in response to some meeting on July 15, 1993, regarding' the proposed office building and Mausoleum at Gethsemane Cemetery in New Hope. 1. We ~nticipate locating two mechanical units 'on the roof of the Mausoleum. We propose placing them on the south side of the raised central portion so that they will not be visible form the street and painting them to match the adjacent construction to minimize any visibility from within the site. 2. After consideration of the uses, construction, and code provisions, we do not anticipate installation of automatic sprinkling systems in either building. The Office will be one hour fire-rated construction with a noncombustable stucco exterior. The code would anticipate a maximum occupancy of 23 persons which would require one exit. We are providing six exits (1 or 2 direct exits from 3 rooms plus 2 exits from circulation spaces) with a total exit width of 27 feet, which would by code be sufficient exit width to accommodate 1350 occupants. In addition, the efltire building will be at grade with numerous operable windows, so the danger to Occupants seems to be extremely small. The ~iau~oieum will be primarily constructed of.precast and cast in place concrete with .granite and stucco exterior finishes and marble interior finishes. A small amount of wood will be used for the construction of the raised gable roofs. The.crypts themselves will be totally non-combustable with a granite or marble covering on the exposed side and all other walls, floor, and ceiling of concrete. It would be impractical to sprinkle them, both because of their small size and since they are' unheated water pipes would be in danger of freezing, and obviously with this rather specialized use, life safety is not an.issue. The common, habitable spaces are approximately 2830 square feet, including the central gathering space and the four access corridors. We anticipate gatherings of less than 100 occupants, but using the maximum occupant load of 7 square feet per occupant specified in the building code and including all corridors, would give us a maximum of 405 occupants. This would require two exits. We are providing four exits with enough width to accommodate 1200 occupants, nearly three times the strictest requirement. Because of the specialized use, non-combustable construction, wide separation distance from other structures, proximity to the fire station, and vast excess exit capacity, we are confident that automatic sprinkler systems are not needed to protect the occupants or the buildings. 3. The buiidings._are designed with gabled, standing seam metal roofs which are compatible W%th nearby city buildings. There was some discussion about the color of the roofs. We propose using a copper colored metal roof. While the primary blue color is appropriate for the civic buildings, especially the rather festive swimming pool cabanas, the different use of this building requires a more serene design and color reflecting the timelessness of its use. While the material and roof pitch are harmonious with the the public buildings, we wish to use a different color so as to create no confusion for the public between the religious building and the taxpayer funded buildings. We look forward to cooperating with the City of New Hope in resolving any issues that may arise in completing the project. SPRUCE, 6' HT. BB .. · 21 SEAGREF~N JUNIPER, 24" DIA. B8 , FENCE/COLUMNS 20' SIGN SE"I'BACK_~____ ~ ' '~ '---,' EXISTING FENCE LINE "~'-'R.O.W. LINE LIGHT SCALE: ~['i: 'b'~ ROCKFORD ROAD 0 5 10 20 30 60 ~ SCALE ~. FEET .ORTH '~ETK~ "'~ ' ~ ~ '~~.[ i~ A/RocKFORD MoNuMENT 10'-8' I i I I i i i I ii I i i i i I TYPICAL . FENCE/COLUMN ELEVATION C-2 EXISTING I' , ~ il I ~'1 I I - x~/ -Tx~ · I I T~ARY ~ ~ ~ ~, ~EMA~RY INFORMATIONAL SIGN D- 1 ) NOI'E: SC-COe~OARY MONUI~qT$ WILL BE ~$ BLIT AT A REZX.IC~:) ~..AL,E. T~ 11'-S' - · .,. .~".: ,,: .... ~ , ' ,' ,.' . ':.} '' ' '.. ~l:"'f'::~ ~ :':" !'.":.i: :': I:.. "-.,.~ :" ['~."~.;?~.~i~'.":~';~.,?:'~'~:':;~' FRONT VIEW SIDE VIEW ~ PRIMARY MONUMENT ELEVATIONS .~'. D-2 ~...DIRECTIONAL SIGN I~c~t"~. 1, ~lr...~,,I .!~:~_-y--.,r=:~l,q~ ~,,...~1~. ~ ~"TT~, -,,~l'Zcc~/blN~-~, I ._11 " (~ DIRECTIONAL SIGN INFORMATIONAL SIGN ~--~ ~'^~,~ OFFI( HOURS M°n. - Fri. .m. - 4:; Sat. 10 a. ~. - 12 ~. !-~Sun. CE~T GATES Open 8 a.m. ~ClOsed p.m.. ~- Cut only.. d~orations. PLAN CASE REPORT A~FLICAIFr: The Catholic Cemeteries (John Cherek) I~STED ACTION: Rezone to PUD, Approve~Concept Master Plan + Mausoleum + Office PU~IN)SE: To erect a small office and separate mausoleum and site improvements LOCATION: 8151 & 8161 42nd Ave. No. SIZE: 8,000 sf Mausoleum + 2,300 sf office FJrl'STT_NG L, AHD USE: Cemetery SURRf3UNDINGLABDUSES: East; County Road + B-4 + I-1 South; R-1 West; City street + R-4 North; County Road + B-4 + B-2 + R-O + R-1 C~~$IVE PLAN: The great value of this "open space" buffer between the commercial and the low density residential to the south & west was noted in district'1 ZOlfINC ~ISTORY: 1956-Commercial (North)+ Single Family; 1960-R-1 SPECIAL IlfFO~MATION: Public Utilities; New Sanitary sewer & water services are planned Storm drainage changes may be required now by city engineer. Public Services; Some increase will follow two new buildings & use expansion TranspoEt&t~on; increase in 42nd Avenue traffic will use existing drives. Staf recommend that new Xylon entry driveways be built now for safety reasons at Park~Ln$; OK, when interior roadways are widened to 25' per our PUD code. Physical Char&cter~tics$ The property is 80 acres, with trees generally less 30 years old, flat topo on the east half, sloping downward to Boone Avenue on th~ west side from 944' at south center to 910' at SW corner. ANALYSIS: Deficiencies in the revised plans (7-26-93) include these: a. No sidewalks.shown from 42nd Avenue to the north mausoleum area. b. No auto-fire sprinklers noted for both buildings per Fire Chief request. Water hydrant layout must be expanded & looped, if no auto-sprinklers. c. Additional right-of-way dedication along both county roads is needed. d. Fence has not been moved back 10' or 20' from the property line and improved in quality in Phase I. Fence height violates our city code and must be changed in this "city center"/pedestrian' friendly vicinity. e. Ponding/drainage easement needed for future drainage improvement pond. It is important to note that continual filling occurs on this property in small' amounts with each grave excavation. Graves dug on east half yield fill in' PAGE I of..~_ ' the west half, where "ponding" area is needed. Now is the time to formalize the place where no filling will occur on the undeveloped west half. f. The temporary manufactured structure must be removed from the site within 14 days of my issuance of a Certificate of Occupancy on either new building. g. The traffic "comment" from SEH (Tom Sohrweide) is cursory and of little relevance. We'do ~6t allow "turf" parking and will increase the use and traffic on the site a~m~-entry points, have a standard driveway width (25'~PUD~ for good reason and emphasize the safety value of shifting the main entry to the signalized Xylon point, now, etc. h. Staff had recommended consideration for a walking path' across part of the undeveloped west half, already used by the public to connect the city center area to the Boone avenue/Northwood park area. While a sidewalk exists along Boone, the public has found that the shortest distance between two points was a cross-cemetery hike at the NW corner. i. Revised plans do not show all revisions.' Staff recommend approval of the Master Plan PUD Concept. Staff recommend that revised plans be submitted prior to Council incorporating all of the above items, which would be supportable as a Development Stage PUD proposal. Failing that, staff would'suggest tabling the item for an additional month to allow the petitioner to complete their package. ATTACHMENTS: "A" PREPARED BY: ~ DATE: July~8, 1993 CITY OF NEW HOPE MEMORANDUM DATE: July 30, 1993 TO: Planning Commission Members FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Miscellaneous Issues 1. July 26th City Council Meeting, At the July 26th City Council meeting the Council approved the following planning cases, subject to the conditions as recommended by the Planning Commission: A. Planning Case 93-12, Request for Preliminary Plat Approval for Science Industry Center 3rd Addition, 5425/5501 Boone Avenue North and 5430/5500 International Parkway. The Final Plat is included on the August 3rd Planning Commission agenda. B. Planning Case 93-17, Request for Site/Building Plan Review/Approval and Related Site Improvements, Public Works Property, 5500 International Parkway C. Planning Case 93-18, Request for Variance to Rear Yard Setback Requirement, 4058 Ensign Avenue North D. Planning Case 93-19, Request for Conditional Use Permit for Outdoor Storage, 9151 International Parkway 2. Consent Agenda I contacted the City Attorney regarding establishing a consent agenda for minor variances ~nd he has approved this procedure (see attached letter), therefore I have used the consent agenda format for the minor items for this meeting. Similar to the City Council meetings, I would suggest that the Chairman make the following statement at the beginning of the consent agenda: Chairman: "The consent agenda covers planning items considered routine by the Planning Commission and is covered by a single motion. Anybody in the audience or member of the Planning Commission may ask to have any item removed for discussion later on in the meeting." 3. Quarterly Reports Enclosed are copies of the second quarter reports for planning & development, engineering, and housing for your information. 4. Brooklyn Park Sewer Connection Request I have enclosed information regarding the sewer connection request from Brooklyn Park for your information. 5. Development A~eements Development Agreements have recently been forwarded to VIDCO, Lakeside, Ltd. and Paddock Laboratories for execution. Attachments: Consent Agenda Info Quarterly Reports Sewer Connection Info Development Agreements cc: Dan Donahue, City Manager CORRICK & SONDRALL A pARTNERSHIP OF PROFESSIONAL CORPORATtON~ LEGAL co,~CK L~W OmCES. ~,. Edinburgh Executive Of[lee Plaza WILLIAM J. CORRICK ST~VE, ~ so,o~,~ ,.~ 8525 Edinbrook Crossing ~vo,,E ~. ~ SHARON D. DERBY sT~v~. A.SO.D~-L SutLe #203 MICHAEL R. L~FLEUR ~.~... ~EC.A Brooklyn Pa~'k. Minnesota 55443 WILLIAM C. STRAIT TELEPHONE (612) 425-5671 FAX (612) 425-5887 July 21, 1993 Mr. Kirk McDonald Community Development Coordinator City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Consent Agenda for Planning Commission Meetings Our File No. 99.10005 Dear Kirk: This letter is in response to your question concerning Planning Commission meetings. Specifically, you asked me whether the Planning Commission can have a consent agenda similar to the City Council consent agenda as part of its meeting procedure. ! have reviewed New Hope City Code §2.13, et al and Minn. Stat. §462.354, both dealing with the creation of a planning commission and the conduct of their meetings. Based on said ordinance and statute, I have concluded that the Planning Commission can have a consent agenda, therefore I answer your question in the affirmative. If you have any further questions on this matter, please do not hesitate to contact me. Very truly yours, Steven A. Sondrall slw cc: Daniel J. Donahue, City Manager CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 Approved City Council Minutes June 28, 1993 Regular Meeting //12 City Hall, 7:00 p.m. CALL TO ORDER The New Hope City Council met in regular session pursuant to due call and notice thereof; Mayor Erickson called the meeting to order at 7:00 p.m. ROLL CALL Present: Erickson, Otten, Wehling, Williamson, Enck PLEDGE OF The City Council and all present stood for the Pledge of Allegiance to the ALLEGIANCE Flag. APPROVAL OF Motion was made by Councilmember Enck, seconded by Councilmember MINUTES Otten, to approve the minutes of June 14, 1993. All present voted in favor. Motion carried. // /~ ~" Y~'~"' ~'-'"' ~tdres ouncil fo Open un PEN FORUM "-- ~ w~ pres addres ouncil fo Open um. l -' CONSENT BUSINESS Mayor Erickson introduced the consent items as listed for consideration~.v,,.~\ Item 6 and stated that all items will be enacted by one motion unless requested that an item be removed for discussion. · Items 6.8 and 6.11 were removed for discussion. / . MOTION Motion was made by Councilmember Otten, seconded by Councilmember Wehling, to approve all remaining items listed under "Consent Business". Consent Items A resent vot 'n favor. M ' n carried. ~__,~ FINANCIAL CLAIMS Approval of Claims through June 28, 1993. Item 6.2 LIABILITY CLAIMS Acknowledgement of Claim 93-06 (John Axel) and 93-07 (Sandra Taylor). Item 6.3 RESOLUTION 93-90 Resolution Approving Agreement Between City of New Hope and the Item 6.4 Nordic Water Polo club for Rental of Milton C. Honsey Pool Summer 1993 on Saturdays. RESOLUTION 93-91 Resolution Adding Kidder Peabody & Company as a Depository for Funds Item 6.5 of the City of New Hope Relative to Investments. FINANCIAL Authorization to Submit Tax Increment Finance Districts Financial STATEMENTS Statements to State, Hennepin County, and School District. Item 6.6 RESOLUTION 93-92 Resolution Approving Agreement Between Precocious Pyrotechnics, Inc. Item 6.7 and the City for Fireworks Display on July 10, 1993. DONATION Approval to Accept $200 Donation from the New Hope Women of Today Item 6.9 for the Purpose of Purchasing Public Education Films. New Hope City Council June 28, 1993 Page 1 PLANNING AND DEVELOPMENT Second Quarter Report The Planning Commission reviewed the following cases during the second quarter: No. of Cases Notices Sent April 4 109 May 1 None June 3 50 Month Type of Request Number Approved Denied Withdrawn April CUP-Outdoor Din. 1 1 CUP-Oil Ch. Facil. i 1 Var.-Lot Front. i 1 Site/Bldg. Rev. 2 Var.-Green Area i 1 CUP-Home Occup. i 1 May Text Amend. I-1 Green Area Reduction i 1 June Preliminary Plat I 1 Site/Bldg. Review I 1 Var. -Setback I 1 CUP-Outdoor Din. I i YEAR-TO-DATE TOTALS APPROVED DENIED WITHDRAWN CUP Home Occup. 3 CUP Open Acc. Stor. 1 Rezone Property 1 Comp. Sign Plan 1 Text Amend.-Apart. Conv. 1 CUP-Outdoor Dining 2 CUP-Oil Ch. Facil. 1 Var.-Lot Front 1 Site./Bldg. Rev. 2 Var.-Green Area 1 Text Amend. I-1 Green Area Reduc. 1 Preliminary Plat ! Var.-Setback 1 PLANNING/DEVELOPMENT ISSUES :'-' ' ' '::':::::::'::::: ' '~:'":~ ::::::::::::::::::::: ~ !' ! ! '.::::::::::! !'" =========================== i i"' '::::::::'::~ :"" "::::::::"':::' ' ~::'::i::'::~::::::~ :" ' ========================= i ::::'::":: ! "' ====================== ::::¥::5:::!::::: i "'~::.::i:>:::'' ~::5::5:: 1. ~~ii~!~ii~!~i~i~::~~i~::::~ - At the April 8th Planning Commission meeting the owner of the Sunshine Factory requested a conditional use permit to allow outdoor dining on a 1,200 square foot seasonal temporary deck on the southeast comer of the existing building. The Commission recommended approval, subject to specific conditions, and the City Council approved the request on April 12th. ~i.i.~ - At the April 8th conditional use permit to allow an oil changing facility in a B-4 Zoning District at 7305 42nd Avenue North. Several variances were also requested due to the small lot size and to coordinate the site plan with the adjacent property. The City has been working with Valvoline over the past year on the sale/development of this City-owned parcel. The Planning Commission recommended approval of the request, subject to conditions, and the City Council concurred with the recommendation and approved the requests at their April 12th meeting. ~~iii~iiii~i~iiii~i! - At the April 8th Planning Commis~6i{"i~i~'~"¥~i~'~"'~"~ at 5001 Boone Avenue North requested site/building plan review/approval and a 2% green area variance to allow construction of a 30,000 square foot warehouse addition to the rear of the existing building and interior remodeling to accommodate company growth and increased employment. Two major improvements were the shifting of trucking operations 300 feet west of the current locations, providing more safety and adequate maneuvering space, and the addition of a new parking lot in the rear of the building to address current on-street parking problems. The Commission recommended approval of the expansion, as did the City Council at their April 12th meeting. 4. ~ii~iiii~ii~iii~~ - The property owner at 3732 Flag Avenue North requested a CUP to allow a home occupation at the April 8th Planning Commission meeting. The business, known as R.C.Fasteners, services residential builders in the field, with the garage used for minor repairs and storage. The Planning Commission recommended approval of the request, subject to specific conditions. The request was tabled by the City Council on April 12th, due to the fact that the petitioner was not present, but was approved at the April 26th meeting. 5. ~~:....~.!.ii~i.i~~ii.iii~- At the April 12th EDA meeting the EDA approved a resolution authorizing the execution of a purchase agreement and lease for the Foremost property located at 7528 42nd Avenue North. Foremost will be allowed to occupy the property for a 2-year period commencing on the date of closing, will be responsible for real estate taxes during the rental period, and will be allowed to remove all machinery and fixtures from the property when the lease expires. 6. ~~i~~!li~ii~ii~i~~ - At the May 4th Planning Commission meeting the Codes & Standards Committee presented a recommendation to reduce the 35% green area requirement in the I-1 Zoning District to 20%. The recommendation was made after a three-month study on the issue and is intended to maintain the existing industrial base in the City and to encourage growth and expansion. The Commission unanimously accepted the recommendation and recommended approval of the ordinance amendment, as did the City Council at their May 10th meeting. 7. ~i~ii~~ii~~ii~ - At the May 10th EDA meeting the EDA approved a resolution authorizing New Hope to join with the cities of Blaine, Brooklyn Park, and Brooklyn Center in the North Metro Business Retention and Development Commission. This is a joint effort at obtaining comprehensive information about the needs of the business community for the purpose of retaining those businesses. The service to be provided this year is a survey of the City's 100 largest businesses and surveys are currently in process. 8. ~~j~!.i.i~i~ili~~- At the May 24th EDA meeting the EDA approved an addendum to the Development Contract for Autohaus Addition which requires all improvements in the front of the rear bUilding line to be cOmPleted by October, 1993, and the remaining improvements to be completed by October, 1994. 9. ~ii~ii~~i~~iiii~- At the June 1st Planning Commission meeting the Commission recommended approval of the Minnesota Sun Addition Preliminary Plat, which subdivides the existing property into two parcels and creates a new I-1 parcel for development, subject to a number of conditions. The Commission also agreed to waive their review of the Final Plat, per the petitioner's request. The Council approved the Preliminary Plat on June 14th. 1st Planning Commission meeting the Commission approved a proposal by Paddock Laboratories to construct a new 70,750 square foot office/warehouse on the vacant property located at 3940 Quebec Avenue North. The City assisted the development by approving the issuance of $4 million in Industrial Revenue Bonds. The company, which manufactures pharmaceuticals, is currently located at 3101 Louisiana and has outgrown that site. The City Council concurred with the Planning Commission and recommended approval at the June 14th Council meeting. Planning Commission approved a request from the New Hope City Center for a conditional use permit to allow outdoor dining at Taco Johns/Subway and the City Council approved the request on June 14th. 12. ~~i:i:i~i:i:i~~:i:i:~iiiiiii~'..!.'~- At the June 28th Council meeting the City Council approved the Final Plat of Minnesota Sun Addition, subject to several corrections on the plat. 13. ~~iiiii~i~ - At the June 14th Council meeting the City Council approved plans and specifications for the demolition of the Electronic Industries Building located at 7516 42nd Avenue North and authorized advertisement for bids. At the June 28th meeting the Council awarded the bid to the low bidder and demolition is expected to take place in July. the June 28th meeting the City Council approved a request for an amendment to an existing conditional use permit to allow the expansion of an outdoor storage area for Vidco, located at 3531 Nevada Avenue North. This case was tabled in January, pending a study/recommendation of the I-1 green area requirement. Due to the ordinance change reducing the green area requirement, a green area variance was no longer necessary. 15. ~~iig~iii!~~~ - At the June 28th City Council meeting the Citizens Advisory Commission made a recommendation to the City Council not to construct a community center at this time. The recommendation was based on a 3-year study and on input received from residents at town meetings and through a City newsletter survey. 16. ~iiii~!.!.~.i~(~.~.i!.i~~- During the 2nd quarter staff continued to coordinate with Senior Outreach Services on the acquisition of property for the Adult Day Care Center. Quotes were also solicited/awarded for the drafting of a plat for the property, which will be considered by the Planning Commission and City Council in July. 17. ~~i:i:i~g~ - Two City newsletter articles were published during the 2nd quarter regarding planning/development issues: one article informing residents about City ordinance regulations pertaining to home occupations; and one article informing businesses about the green area requirement reduction in I-1 Zoning District. 18. ~~.i~~ - During the 2nd quarter staff continued to coordinate with Gethsemane Cemetery officials on a master plan for the development of the property and a PUD proposal will be presented to the City in August. The City Council also approved a 1-year extension on the cemetery's CUP for a temporary office building. 19. ~iii~~ - The Codes & Standards Committee of the Planning Commission will be undertaking a study of the City's home occupation ordinance later this summer to determine if it needs updating to address the current trend toward more persons operating businesses out of their homes. 20. ~iii~iii~~iiii~~iiii~ - Staff participated in the North Metro Mayors Business Expo on April 14th and continues to be active on that association's newsletter committee. 21. ~!i~iiii~i~- On May 20th the City sponsored the annual New Hope/Twin West Coffee Break, with the City Manager describing current projects and developments taking place in the City. 22. ~~i~ii~~ - At the May 24th Council meeting the City Council approved the release of the $23,130.00 Letter of Credit for the Fina Station redevelopment, .as all improvements have been satisfactorily completed. Kirk McDonald, Management Assistant/Commum~v Development Coordinator ENGINEERING PROJECTS Second Quarter Report Progress took place on the these major engineering projects during April/May/June, 1993: 1. ~j~i.ii!i~iii~ili~i~~ii~- Progress was made on the final plans for the bridge during the second quarter and the plans will be presented to the City Council in August. 2. ~iii~iii~~ii~!i~~i~~ - At the April 26th meeting the City Council approved a motion approving the submittal of the Minnesota Petroleum Tank Release Compensation Fund Application for the cleanup of gasoline impacted soils at 42nd and Nevada Avenues. On May 10th the EDA approved a Supplemental Corrective Action Design work plan for the same site and accepted a bid submitted by Bergerson-Caswell,Inc. for the installation of several deep ground- water quality monitoring wells in the mount of $6,982.00, per a request by the MPCA. .... -::::: :6::::: :-'.::: :" :-" :.' '.' ' '-:::::::::" ' ' ':~:"-::::::: :,'"" ' :6: :' ::::::::.' ' ' ===========================================: '" '.' !:::::~ ' ' "::::: 3. ~?~?~i~i~i~~~ili~ - At the June 28th Council meeting staff conducted a pre- liminary discussion with the Council on the need for a retaining wall project and various methods of financing/assessing the project were discussed. The City Council will conduct a work session on this issue in August and an informational meeting with affected property owners will be conducted during the third quarter. ~i:ii~- At the April 12th meeting the City Council approved a motion approving the final pay request to Rainbow, Inc. in the amount of $33,233.30 for the repair and repainting of the 1.5 million gallon hydropillar water tower located near Hillsboro Avenue North. 5. ~j~!!i~iiii~ii~~!~!ii~ili~~:.~~i~i~~!ii~- Work was completed on this project during the second quarter and a new (replacement) slide was installed, however, the project has not yet been finalized. 6. ~.j.~iiii~ii~i!i~!i!~~~i~~- Work continued on the 1992 Street Improvement Project during the 2nd quarter with the final wear course being installed and sodding/restoration work taking place. At the April 26th Council meeting the City Council approved Change Order No. 2 for the project, which provides for storm sewer extensions into two backyard areas that experience water problems as a result of large upstream drainage areas and inadequate grades. The two improvements will take place at 3501 Wisconsin Avenue and 9209 Northwood Parkway, for a total estimated cost of $27,523.00. 7. ~~.ii~~~iii~ - Plans were developed during the second quarter for the salt storage building and will be presented to the Planning Commission and City Council in July. 8. ~j!~ii~ii~iii~ii~ii!i~~~ - The majority of major work was completed on the City Hall remodeling improvements during the second quarter. At the May 10th Council meeting Changer Order No. 5, in the amount of $10,470.00, was approved for a 2-hour fire door in the elevator equipment room. At the June 14th Council meeting Change Order No. 6, in the amount of $3,388.00, was approved for an elevator breaker. 9. ~J..~ii!!~i:~ ~ ~g~i~i~i~i~?::::~:::::::::::~ -"" ":::':::':::' ::':: ::':::'" :::"' '::'" ": '"'"'~'"'" :::::::::::::::::::::::::: ~'''' =============================================== ::::::::::::::::::::::::::::::::::::: ~:' "' '::"::':'::":"?' ======================= '":'~'~:':':: On April 26th the City Council approved the quote submitted by Lot Surveys Company, in the amount of $1,550.00, for the platting of the Senior Outreach Services and Public Works property at 5501 Boone Avenue North and 5500 International Parkway. ~~i::~iii~d - This project got underway during the second quarter and a ~'~oj~"i~[i~{~n was sent to all residents in the area. C.S.McCrossan, Inc. was awarded the contract for this projec~' by Hermepin County. Stage I construction began on Wednesday, June 23rd and will include the reconstruction of the south side of the road, with thru traffic utilizing the existing road on the north. Stage II construction will proceed on July 23rd, and will include the reconstruction of the north side of the road, with thru traffic utilizing the new roadway on the south. Ail work required by the contract, except maintenance, sod replacements and clean-up work, is expected to be completed within 45 working days, and clean-up work is expected to take 10 days. Weather permitting, the project completion date is targeted for August 17th. The existing signal system at the Boone Avenue intersection will remain in place and be functional as long as possible and the intersection should be useable during the majority of the project. 11. ~j~ii!~iiii~~~iiii~~'~iiiii~- The Stormwater Management Plan Task Force met twice during the second quarter on April 13th and May 25th and is concentrating on drafting goals and policies and identifying problem areas in the City at the present time. On April 26th the City Council authorized additional expenditures for this planning process so that the stormwater quality component of the plan could be studied as well as stormwater quantity. The Task Force will continue to meet this summer/fall, with a goal of completing the Stormwater Plan by the end of 1993. 12. ~iiiiii~iiiiii~~iiiii~- On April 12th the City Council held a lengthy public hearing on the 1993 street improvement project, which concluded with the approval of a resolution ordering construction and preparation of final plans and specifications. The public hearing was continued on May 10th after a re-evaluation of a number of streets took place. At the conclusion of the hearing a petition was accepted from residents requesting that specific streets be deleted from the project. The Council adopted a resolution similar to the one adopted on April 12th, excluding certain streets from the project. Bids for the project were opened on June 11th and considered at the June 14th Council meeting. The Council decided to re-evaluate the process used to make street reconstruction decisions and unanimously voted to reject all bids for the 1993 street project and cancel the project. 13. ~.j.~iiiiiii~iiiiig~iiiii~ii!ii~i!ii!~i!!iiii~~iiiii~iiiiii~ - A presentation on "Phase II" City Hall Remodeling was made at the June 28th Council meeting and the City Council will further discuss this issue at a work session in August. 14. ~~iiii~~i~ii~i~iii~ii~~- At the May 24th Council meeting the City Council approved plans and specifications and authorized advertisement for bids for the installation of new playground equipment at Elm Grove Park and Sunnyside Park. At the June 14th Council meeting a resolution was approved awarding the contract to the low bidder, Sunram Construction. 15. ~~!i~~~i~ii~iii~~~ - New roofs on the park shelters at Fred Sims and Northwood Parks were installed during the second quarter, however, the project has not yet been finaled out. 16. ~~!iii!~~~ - At the March 22nd Council meeting a resolution was approved authorizing the submittal of an inflow/infiltration reduction project grant application to the Metropolitan Waste Control Commission in the amount of $10,000. Staff received no word on this applications during the second quarter. The proposed project would include the rehabilitation of 880 lineal feet of 12" RCP sanitary sewer with inflow/infiltration problems, including a combination of slip lining, chemical grouting, and reconstruction of sewer line and manhole in the area behind the Post Publishing building on Bass Lake Road. 17. ~l~ii!i~iiii~iiii~{gg~iii::~~ii!::~:......................... ~- Specifications for this project were initiated during the second quarter and will be presented to the City Council in the later summer for authorization to seek bids. It is anticipated that some of the work will be completed in the fall of 1993 and the remainder of the work finished in the spring of 1994. staff presented the two priority backyard drainage projects for 1993. Two residents, one living at 4224 Flag Avenue North and one at 8821 60-1/2 Avenue North, had previously written the City and requested assistance through the Backyard Drainage Policy adopted in 1992. Total estimated cost of the project is $50,000 and the Council authorized staff to prepare plans and specifications for the projects. Due to the deletion of the 1993 Street Improvement Project, at the June 28th Council meeting staff requested that several additional backyard drainage projects be added to the above two projects. The Council approved plans and specifications for all projects, ordered advertisement for bids, and will consider bids at the July 26th Council meeting. 19. ~~:.i:.~ - At the May 10th Council meeting the City Council passed an ordinance amending the guidelines to qualify for the special assessment deferral program. The three changes include: 1. A decrease in the income guidelines from $20,400 to $19,850. 2. Application deadline for a deferral of special assessment has changed from September 15th to October 31st due tothe fact that the County has extended the date for certification of special assessments. 3. Clarification that the application for a deferral of special assessment must be made in the year in which the project is assessed. Kirk McDonald Management Assistant/Community Development Coordinator HOUSING AND REDEVELOPMENT AUTHORITY Second Quarter Report The New Hope HRA continues to be busy with the management of housing programs and redevelopment activities in the City. Currently, the Section 8 Rental Assistance Program is providing assistance to 275 New Hope low income families. This is down slightly from the 282 families that were being served in March, but staff had anticipated a minor decrease this spring due to routine shifts made at the end of the school year. During this same time period in 1992, New Hope was providing assistance to 277 families, so overall the program is serving approximately the same number of families in 1993 as in 1992. The minor difference is due to the new portability policy adopted by Metro HRA which allows families with vouchers/certificates to move from one jurisdiction to another. This policy also accounts for some of the decrease and during the second quarter some participants left the program altogether due to increasing income, etc. The breakdown is as follows: Certificates Vouchers Total April 218 65 283 May 216 65 281 June 210 65 275 The number of housing inspections has increased only slightly compared to the same time period in 1992. During the second quarter of 1993 a total of 146 inspections were completed, as compared to 142 for the same time period in 1992. A breakdown of housing unit inspections is contained in the following table: Year Initial Reinspect Total to Date Section 8 97 49 146 226 Metro HRA has started conducting quarterly meetings with the local housing representatives to listen to complaints, work out procedures/problems, and to determine how clients can be served more efficiently, New Hope's representative actively participates in these meetings. During the first quarter two housing rehabilitation loans were approved for New Hope residences in the amounts of $10,000 each, one at the January llth Council meeting and another at the February 22nd Council meeting. Hennepin County manages the program for the City and maintains a waiting list. The funds assist low income persons in making basic repairs to homes that they own. There are currently 8 residential households in the process of being assisted in New Hope, with 3 currently being rehabilitated and 5 on the waiting list. At the March 22nd annual CDBG Public Hearing the City Council authorized the expenditure of $30,000 in 1993/94 CDBG funds for housing rehabilitation and these funds become available on July 1st. At the April 12th Council meeting the City Council approved a resolution authorizing the commencement of eminent domain proceedings to acquire the vacant house/property at 5009 Winnetka Avenue North. An appraisal has been completed on the property and staff is currently negotiating with HUD on the purchase price to acquire the property. In June the City submitted a grant application to Hennepin County to access the Federal HOME Grant Program, in conjunction with the 4 other CO-OP Northwest Cities. A decision on funding is expected in July or August. The New Hope application focused on the acquisition/demolition of the house/property located at 5009 Winnetka Avenue North, with the ultimate goal of constructing a new home (possibly a duplex) for sale to low/moderate income handicapped New Hope residents. On May 24th the EDA approved a resolution establishing support for the CO-OP Northwest Community Revitalization Corporation. The New Hope Community Revitalization Corporation was originally established as a non-profit entity for construction of the Winnetka West housing facility. Staff proposed that the non-profit entity now be expanded to include all 5 cities involved with CO- OP Northwest so that the organization would have access to Federal housing funds through a competitive grant process that would otherwise be unavailable to local units of government. Staff continues to participate in the 5-City Multi-Jurisdictional Housing/Human Services Group, which is seeking programs to integrate human services with multi-family housing complexes. Seven action groups have been formed and staff was recently selected as Co-chair for the Housing and Family Services Action Group, which is in the process of formulating a 1993/94 work plan. Besides serving on this Action Group and reporting to/attending Executive Committee meetings, staff also continues to serve on the Planners' Sub-Group, which is currently working on the formation of a 15-member, 5-City CHODO (Community Housing Development Organization) and a joint-city submission of a grant application to the MHFA Land Trust Program. The 5-City "assistants" group also continues to meet on an informal basis to coordinate housing programs and new initiatives. In January staff received approval to submit two grant application to the Minnesota Housing Finance Agency in regards to a new program for Blighted Residential Property Acquisition and Rehabilitation. The grant funds can be used to finance the acquisition or demolition of blighted properties or to provide gap financing for rehabilitation or new construction. A city must designate specific neighborhoods where the funds would be utilized and the City Council authorized the Winnetka Avenue North and the 62nd Avenue/West Broadway areas as appropriate neighborhoods. In March the City was notified that the application for the West Broadway neighborhood had been awarded at a funding level of $60,000. Although this is less than the original application, it should be adequate for the rehabilitation of one property. During the second quarter the grant agreements were executed and an amendment to the original application was completed and submitted to the MHFA describing how the grant would be utilized with a lesser amount of funding. Following the submission of the amendment, the MHFA just recently made the funds available to the City. Staff also met with County officials during the second quarter to determine how CDBG and MHFA funds could be jointly utilized to carry out the program. During the first and second quarters of 1993, several homes located on West Broadway were identified that may qualify for the program. The homes are currently for sale and during the third quarter staff will be pursuing possible acquisition of the property for rehabilitation, with an appraisal and code compliance report to be completed. During the first quarter New Hope staff cooperated in a joint effort with the City of Crystal to sponsor a Remodeling Fair, which was held at the Crystal Community Center on March 27th. The purpose of the fair was to encourage homeowners in the two cities to remodel/upgrade existing homes, with over 50 local contractors in attendance with booths. The local banks also participated by providing financial information for home improvements and each City provided information on zoning codes and building code requirements. The fair was very successful, with an estimated 1,000 persons in attendance. During the second quarter staff completed a Remodeling Fair Survey, which was sent to ali businesses that participated in the fair to determine their satisfaction with the event/facility, to solicit recommendations for improvements and to ascertain whether they would participate in a similar event in the future. The results of the survey indicated that most participants were very satisfied with the event and would participate again. 1. At the April 12th Council meeting the City Council passed a resolution approving a Joint Cooperation Agreement between the City of New Hope and Hennepin County for Purposes of Qualifying as an Urban County for CDBG and HOME Programs. 2. At the April 12th EDA meeting the EDA approved the execution of an Addendmn to Assessment Agreement for New Hope Terrace. The agreement would allow the market value of the property to be set by Hennepin County and will remain in effect until the bonds are paid off. Kirk McDonald, Management Assistant/Community Development Coordinator c'uLJ~C;IL _ City Manager & Requests 7-26-93 Kirk McDonald A) Item No. By: Management Assistant By:V 9.1 / DISCUSSION AND ACCEPTANCE OF PETITION IN OPPOSITION TO SANITARY SEWER CONNECTION FOR PROPOSED DEVELOPMENT IN BROOKLYN PARK In the City of Brooklyn Park a developer is proposing to plat "Suburban Corners" at the Frontage Road just east of Highway 169 between 62nd and 63rd Avenues, adjacent to and just north of New Hope's corporate boundary. The proposed plat would allow the construction of 16 townhome lots in an R4A Zoning District. In June the developer contacted New Hope requesting sewer connection for the development, at the New Hope lift station located at 62nd Avenue and Bass Creek Circle, as there is no sanitary sewer available from Brooklyn Park at. this location. New Hope currently has 23 sewer and water connections with Brooklyn Park and a long-standing agreement regarding said connections. New Hope responded by indicating that the City of Brooklyn Park should request the connection, not the developer, and that a written agreement between the two cities would need to be executed regarding billing, metering, etc. On July 14th the Brooklyn Park City Engineer stated that the Brooklyn Park City Council had delayed action to authorize th~ negotiation of a sewer agreement for this development because several New Hope residents had attended the meeting and complained about hacked-up sewer lines. The Brooklyn Park City Engineer want~l New Hope to advise as to whether we would continue discussions regarding the possible utilization of the lift station. The New Hope City Engin~r has prepared the enclosed memo regarding the sewer connection and indicates that New Hope does have the capacity to accept more flow and indicates that the additional sewer flow from Brooklyn Park would not be significant. Residents in the area have submitted the enclosed petition opposing any agreement that would provide sanitary sewer connections to the proposed development. Staff request to discuss this matter with the Council and recommends that the Council formally accept the petition. MOTION BY SECOND BY TO: Review: Admints~n: Finance: I RFA-O01 ~ July 19, 1993 Mr. Daniel Donahue City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Re: Brooklyn Park Sanitary Sewer Connection (L.S. No. 7, Bass Creek Circle) Our File No. 34-Gen Dear Dan: The 1979 Comprehensive Sanitary Sewer Plan for New Hope assumed sanitary sewer flo~ from the area north of Bass Creek Circle in Brooklyn Park. Attached is a portion of Figure No. 3 showing that area (BP-2). The sewer flow estimated for this area is 4,200 gallons per day (gpd), or approximately 100 gpd for 42 people, which is consistent with the density proposed for this area (16 units). The estimated sewer flows, including the peak flow factor and the estimated sewer flow from Brooklyn Park do not exceed the existing sewer capacity along any portion of the existing sanitary sewer to the MWCC Lift Station located on Medicine Lake Road. It should be noted the 1979 Comprehensive Sewer Plan does indicate the existing sewer capacity is slightly exceeded north of Lift Station No. 4 (5625 International Parkway). However, this sewer line was upgraded in 1989 to eliminate any capacity problems. The sewer flow from Brooklyn Park is proposed to discharge into the Bass Creek Lift Station located on 62nd Avenue at Bass Creek Circle. The existing pumping capacity is 150 gallons per minute (gpm). In the month of June the pumping time for this lift station was 25 hours, or approximately 50 minutes per day. The estimated sewer flow from the people in Bass Creek Circle is 14 gpm, while the estimated sewer flow from Brooklyn Park is 12 gpm. The combined sewer flow (14 + 12 = 26 gpm) is considerably less than the existing pumping capacity (150 gpm). The residents in the area of Gettysberg Avenue and 61V2 Avenue have experienced sewer backups. The. most recent back-up was recorded by Public Works in 1984-85 when Lift Station No. 4 was being reconstructed. At this time the sewer backup was due to the Contractor's carelessness. However, since that time, it's believed this area has not had any sewer backups, which includes the 1987 super storm. It's true the area of Gettysburg Avenue and 61~A Avenue will be the first area to experience backups ff Lift Station No. 4 were to have mechanical problems due to the elevation in this area. 233S ~Vest Highway 36 * St. Paul, MN SS113 · 612-636-4600 City of New Hope Page 2 July 19, 1993 From an engineering standpoint the sewer flow from Brooklyn Park can be accommodated in New Hope's sewer system, as noted in the 1979 Comprehensive Sewer Plan. In addition, the City in 1984-85 upgraded Lift Station No. 4 and recently improved its capacity by constructing new pumps and forcemains in 1992. In 1989 the City also upgraded the trunk sanitary sewer line from Lift Station No. 4 north to Bass Lake Road. In 1992, the inflow through manhole covers with holes was eliminated by constructing new manhole covers with a solid cover at all street low points. The overland drainage swale was also improved at 6060 Hillsboro Avenue to Bass Creek, reducing the street flooding at this location and thereby reducing the potential for inflow into the sanitary sewer system. In summary, although sewer backups have occurred at Gettysburg Avenue and 61V: Avenue before 1985, due to recent improvements in New Hope's sewer system it's not felt sewer backup will result due to inadequate capacity or poor maintenance. If a sewer backup were to result, the additional sewer flow from Brooklyn Park (14 gpm) is not significant enough to be the reason for the backup. The City should not feel uncomfortable allowing Brooklyn Park to connect to New Hope's sewer system based on the number of units proposed at this time. " If you have any questions, please feel free to contact me at this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. MarI~. Hanson, P.E. MAH:ci Encl. PETITION We the undersigned hereby notify the City of New Hope that we are in opposition to a Joint Powers Agreement 0eing pro~ by the City of Brooldyn Par~. The purpose of the agreement wOuld I~ to prO-de Sanitary Sewer service to a proDosed development north of 62nd Avenue, between Edgemont Boulevarcl and Highway 169: The City of New Hope, by entenng into this agreement, ~11 be placing added sa'ess on a system that has alreacty eXl:mnenced problems. We believe this wql only ~ncrease the number of households that; v~tl have problems w~th I~acv,. ups, and see the need for sl~utoff valves. We 0elieve this agreement is not in the best interests of the citizens of New Hope. It is definitely not m the best interests of our ne~gi~borhood. Therefore we ask for ~s denial. NAME tl~l~l') SIGNATURE AOORE~.~ 4. 7. 9. 10. 12. 13. 14. 15. 16. 17. <-~ 18. 19. 28. 29. 3o. 32. P'! .PETITION We me unde~igned heret~y n~:ffy the City of ~H~:m!t ~,are in ~ ~. ~m ~m Ag~me.~ ~e C~ ~ N~ H~, by ~ng in~ ~is ag~menL ~tl ~ pl~ing ~ ~ on a s~ ~ has already mteresm ~ our neigh~. ~e~re ~ a~ ~ ifs denial. NAME (~) ~ SIG~TURE ADORE~ 17. 27. 28. PETITION We the undersigned hereby hotly the City of New Hope that we are in opl~si~on to a Joint Powers Agreement ~-~ being prolx~,ed by ~e City of BrookJyn Pa~ The purl=X:~e of the agreement woul¢l be to prowde Sanrtary Sewer serwce to a proposecl development north of ~2nd Avenue, between Edgemont Boulevarcl and Higt~vay 1 The City of New HOl3e, by entering into this agreement, mil be placing added s~'ess on a system that has already experience<~ DroOlems. We betilve this will only increase the number of households t~at; ~n~ll have proll=tems wtth bacK- ups, and see ~e need for sl~utoff valves. We 0elieve this agreement is not in the best interests of the citizens of New Hoge. It is definitely not in the best interests of our neigl~ .b0mood. Therefore we ask for it's denial. NAME (m~l~') ~.~ ADORE~ 3. '~ ~:~ ~ il//~.'~',.:- ~./?~ .':,~ Ii, 10. ~'~,~ b A~,' 11. 13. - "~'- ' ' 17. G~Y)/- IA/7~_~. ,~;,_,. 18. 19. -~/~/ 20. 24. ', .25. 26. 27. 28. 29. 30. 33. 34. 35. COMMUNITY DEVELOPMENI 5-200 a~tl~ Ave. No., 5rool~l,Fn Par~..MN ~544~-4~ ~ ~ho~ ~1~ 4~4-8~ ~ Fax 51~ 495-~c May 20, 1993 Mr. Kirk McDonald City of New Hope 4401 Xylon New Hope, MN 55428 Dear Mr. McDonald: The Brooklyn Park City Planning Commission will consider the request described below at its Iune 9, 1993, regularly scheduled public hearing. Enclosed is a copy of the legal notice sent out to our residents. If you have any comments, they should be returned by lune 2, 1993, so that your concerns can be included in the Staff Report. CASE NUMBER: Conditional Use Permit #1990-3469 Preliminary Plat #1990-4295 APPLICANT: P. Palani~ TYPE OF APPLICATION: Conditional Use Permit for Construction of Townhomcs Preliminary Plat of "Suburban Corners" LOCATION: Fast of Highway 169 on Frontage Road between 62nd and 63rd Avenues North For further information re~arding tl~ ca~, please call 493-8051. Sincerely, Senior Planner/Landscape Archimct /jcs Enclosures "SUIIURltAN CORNERS" PALANISAMI, P. for [x~en~ion of T~me ~ot ~e~t ~o~ [xteniion of Time l' / VICINITY rvl/~ P i ISAM! & ASSOCIATES, INC. June 14, 1993 Mr. Kirk MaDOmld ~ of Nmv Hol~ 4401 Xylon Av~m~ North New Hope, MN $5427 RE: Sanitary Sewer Connection to New Hope Lift Stolon Suburban Com~ Townhomes 62nd Avenue North gt T.IL 169 Frontage Road PA1 lob No. 93000B D~r Mr. McDonald: This n2mo is · mlum for · later ~om yom' offic~ to tasty Brown, ~o~ of ~ ~ ~ C~ of B~ P~ W~ m ~ ~ ~ of ~1~ ~~on p~ ~r a 1~ m~ ~j~ ~ B~ P~ ~ pm~ ~ 1~ ~ ~e ~m~ of 6~ A~e No~ ~ ~ ~e ~ to T~ ~~ 169. ~ ~ ~~ ~e is no '~ ~ a~le ~m Br~ P~ ~t we ~ve ~ ~ ~n~ ~ ~k ~n (Ci~ otN~ Ho~ ~~) ~t ~~g to ~e N~ Ho~ ~ ~o~ l~t~ acro~ 62nd Av~ue & B~ Cr~ C~e. W~ ~ av~le from the Ci~ otBr~ P~ PI~ ~d a'l~ ~ ~. ~ Bro~ ~ yo~ ~pro~ for ~ ~~on. Pl~ ~d a ~ o~ 1~ ~ ~.. ~e Ci~ otBr~ P~ ~ pr~e r~ ~ md rower ~ ~ ~ ~ ~n md ~e Ci~ of Br~ P~ En~g Dep~ent, ~ &mr~ bfl~g ~ ~~on f~ ~ ~ ~n th~ ~o 6tiffi. I would appr~at~ it ve~ much ifyou wo~d ~te ~s ~, m w~ ~e ve~ ~ous to tie up loom ends for t~s proj~t. S~y, P~aissmi & ~oeist.~ ~ Bffi Fr~ur8 " BF/dat 5661 International Parkway. Minneopoiis. Minnesota 55428 · (612) 533-9403 · FAX (612) 533-9586 4401 Xyto~ Avenue Not~ Telephone: 612-531.$I00 City Haft Fax: #612-531-5 New. Ho~e, Minnesota 55428-4898 TOD Line: 612.531.5109 Police Fax: #612-531-5 PuDlic Wo~s Fax: #612.533.7~ June 23, !993 Mr. Gary Brown Director of E::gin~ring City of Brooklyn Park 5200 85th Avenue North Brooklyn Park, MN 55443-4300 Subject: SANITARY SEWER CONNECTION TO NEW HOPE LIFT STATION FOR SUBURBAN CORNERS TOWN'HOMES DEVELOPMENT AT 62ND AVENUE NORTH AND T.H. 169 FRONTAGE ROAD Dear Mr. Brown: The City of New Hope is in receipt of the attached June 14, 1993, correspondence from Mr. Bill Freeburg, Palanisami & Associates, Inc., requesting that New Hope send you a letter approvin~ the sanitary sewer connection for the Suburban Corners Townhomes development in Brooklyn Park at the corner of 62nd Avenue North and T.H. 169 Frontage Road. The City of New Hope has no problem approving the connections, subject to the following conditions:. 1. The City of Brooklyn Park should formally request the saztitary sewer connections from New Hope, not the developer. 2. A written agreement between the two cities should be drafted regarding connection charges, the billing process, and meters to measure flow. If Brooklyn Park desires to proceed with this development via a sanitary sewer connection to New Hope, please send a letter requesting the connection. New Hope will then respond favorably and assist with coordination on the written agreement. Please contact Kirk McDonald, Management Assistant (531-5119) if you have any comments or questions. Sincerely, Dan Donahue City Manager cc: Kirk McDonald, Managemem Assistant - Larry Watts, Director of Finance/Administration Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Build~~j~--~ City '~^~ F~' Faldly Engineering TDD 6~ GARY E. BROWN. P.E. July 14, 1993 ci~? Mr. Dan Donahue, City Manager City of New Hope 4401 Xylon Avenue North New Hope, Mn. 55428-4898 subject: Sanitary Sewer Connection for Suburban Corners Townhome$ Dear Mr. Donahue: Please be advised that the City Council delayed action to authorize me to negotiate a Joint Powers Agreement with you regarding a request from Mr. Palanasami to utilize the City of New Hope sanitary sewer system. Several residents from the City of New Hope expressed concern at the Brooklyn Park City Council meeting Monday evening, July 12th, regarding the fact that their homes have experienced flooding due to backed up sewage lines. .' Our City Council felt that they would not want to be involved with adversely affecting the sewer system of the residents in the City of New Hope. In conversations with your Consulting Engineer, Mark Hanson, it is my understanding that there is capacity available for the 16 unit tola%house complex from your lift station. Please advise us as to whether or not the City of New Hope would like to continue discussions regarding the possible utilization of your lift station. Residents who spoke from the City of New Hope Monday night expressed concern that ~hey be advised as to whether or not the ' City of New Hope would be proceeding with a possible Joint Powers Agreement with the City of Brooklyn Park. If there is capacity available as previously indicated by New Hope, these residents apparently are not aware of it. GEB/md BROOKLYN PARK SEWER & WATER CONNECTIONS Procedures to be followed if Brooklyn Park property is to connect to New Hope sewer and New Hope water based on Agreement wit.D Brogklyn Park for Joint Use of Sanitary Sewer Facilities, dated August 23, 1971 and Agreement for Usage of Water Facilities with Brooklyn Park, dated March 28, 1966. 1. Sewer Contract a) Covers within 168 feet of border and to single or double residential structures only. b) Brooklyn Park City must pay the following amounts in addition to the periodic sewer use billings: l) Lateral Charge = assessable front footage x the rate used for the lateral when assessing the New Hope property on New Hope side of street. 2) Trunk charges as would have been charged had the property been located in New Hope. 3) DO NOT collect $100 charge A c) Brooklyn Park (not the individual) shall pay the sum owing as computed above to the City of New Hope. d) The charges must be paid prior to issuance of permits by either City. e) The City of New Hope issues sewer permits* and makes the same charge as it would for New Hope property. The permit is needed so New Hope Accounting Department has a base for billing Brooklyn Park for service. f) The party after obtaining the New Hope permit must then obtain a permit from Brooklyn Park. *g) New Hope shall not issue sewer permits until advised in writing by Brooklyn Park City that they have satisfied all statutory require- ments necessary for Brooklyn Park to assess the improvement. h) Sewer connections will be inspected by New Hope i) Sewer billing is direct to the City of Brooklyn Park. (There is no requirement for Council approval on sewer connections). 2. Water Contract a) Covers parcels of land abutting on New Hope water mains. b) Connections must be approved.by both New Hope and Brooklyn Park Councils. c) Brooklyn Park shall pay to New Hope prior to connection to the New Hope system: 1) Sum equal to $5.04 per front foot, or such highher rate based on assessment to served New Hope pr~'~'erties.-- 2) In addition, Brooklyn Park shall pay actual cost of house se~tces. 3) Brooklyn Park shall pay water trunk charges as set forth in New Hope Water Ordinance. a) $1.33 per front foot, but not less than $100 per platted lot, or b) $360 per acre, including abutting street which would revert i f vacated. 4) Brooklyn Park shall pay tapping and inspection fees, and other fees normally charged by New Hope and interest. -2- 5) A New Hope Water Permit is to be issued upon presentation of a Brooklyn Park water permit--full charge is made for New Hope permit. 6) The water meter is purchased from New Hope and is to be maintained by New Hope. 7) Brooklyn Park must pay for any street repair. d) Billing l) New Hope is to read all water meters in Brooklyn Park premises connected under the agreement. 2) New Hope is to bill customers directly with Brooklyn Park guaranteeing payment. Prepared by Betty Pouliot July 21, 1977 O~!GINAL :N AKCH!VES, SECT~_ON '_, ~CX "m- FOIl ~ol~r us~Gj oF s~tllt/~y s~li~lt FACILITIES THIS /IGOr, m~e and ent~d into t~is ~_ dny of ~,~,~, , 1971, by ~d be~ ~ VI II~ of ~ ~e, a ~IciHl m~tl~ Cl~ of B~klyn Pe~, a ~tclpel ~m~ton of ~ S~a~ of ~i~emt~, ~ina~er referred to as 8~lyn P~, ~~, ~ ~ and 8~lyn ~ in various in J~~itim to e~ v~ It v~l~ ~ to the ~tit ot stid Vi II~s ~ Ylll~, ~, ~11 of ~N ~ ~n ~e~Jn~ ~t ~ p~t tim.. VlIi~ ~ithin I~ f~ of ~ ~~ ~~ ~ ~le ml~tlll st~~ ~ly ~m~ u~ ~ fotlml~ ~m, I. hN Is es~lls~d ~ foilmi~ ~lusi~l~tl~s: I. ~11 ~ Ii';lilts In ~1~ ~ VIII~ II l~ M~I~ Iingll ~ ~le ~i~lll st~s II. ~~ Itmtl ~ v~i~ ~ ~lt~ N~ ~KIIItles ire ~1 2. Th~ acquiring Villag~ shall pay 1'o roll.lng ~n~s in additi~ ?o a periodic ~r se~l~ ~ar~: I. GlassiffGation I - ~ ~unt ~ual to ~ msl~ to ~icipe~ in a Joint p~je~ md later ~si~s ~ utilize 4. The amount of the assessable front footage shall be dater- mined by. the Village Engineer for the Village furnishing the actual sanitary sever iq)rovemnt, sub~ac~' to ~view as to the reesonel)laness ?herm3f by the ot'fmr Village. ~. The acquiring Village agrees to pay the furnishing Village any periodic sewer service charge for each property vlthin its limits in accordenc~ with the standard sdrvice c~arge within the furnishing Village for similarly situated progerty or similar service. This charge will be clue and payed)la at the same time as weul4 charges for similarly located in the furnishing Village. 6. The acquiring Village shall 'issue no sever connec~lafl per- mits until such permits shall first have been issued by the furnishing VI Ilegt, 7. The furnishing Village shall provide necessary feasibility rel~rts to conduct public hearings and shall not Issue sewer commction permits until odvised in writing by the acquiring Village that they have ccm~leted al I public hearings and have satisfied all statutory require- · ant necolssry to assess for the iaq}rovemant of the benetittecl properties located in the ICxlulrlng Vi I lags. 8, The ~mmr connection to the sanitary sever facilities furnllllld, viii bi.in accordance with the Sl)eCIfications and rlCluirlelnts of the fu~lllhlng Vi I Ilgl. hr c~nectlans will be insl)eCt®d I)y the furnishing VI I Ilgl, 9, The sanitary sewer facilities of tim furnishing Village which are utlltzaKI by the acquiring Village under this agrHmet shall. reemin the ~ole end exclusive pragerty of the furnishing Vlllage, I0. The acquiring Village agrees to permit no usage of said safli?ary Se~er facilities which is proh;bited by ordlnaflce or o?he~tse of the furnishing Village, and further agrees to Immediately enjoin any such ~l. ), sanitary Se~er system only may t~e connected with ?he hle~ Hope or 8rool(lyn Park se~ers, it being understood that no rain water from roofs, yards, lawns, streets or al lays will be admit?ed Into the sewers of el?her Vii lage, and the? said sewers are to ~e constructed as nearly Inq~lr¥ious to ground water as is practicable, it Oeing understood ?hat any prolonged and Intentional violation of this clause may tm sufficient cause for cancel la?ion of this contract. 12. The acquiring Vi liege here~y, agrees and covenants ?O hold harmless ?he fumlshing Village from any and all liability to third persons which may result from the prosecution of the ~ork perfonmd under ~his agreemn? and turner t.o ms?ore, aflX damage ~o street or smmr fe¢i l l?le$ of t~e furnishing Village occasioned by ~ork perfonm~l under th i s agreenln?. IN vWITNF. SS YHEREOF, ?he undersigned IMyor and I~nager of ?he Village of Ni~ Ho~o and tt4 Cl~y of Brooklyn Park have hereunto se? their hands pursuant ?O authority granted then by the Village Council of the msl)ec~lv~ ~uei¢ipel isles. C.~nci I Al}prove I :TY~~ Au~4s~ 23 , 1971 M~nager 4401 Xylon Avenue North Telephone: 612-531-5100 City Hall Fax: #612-531-51~ New Hope, Minnesota 55428-4898 TDD Line: 612-531-5109 Police Fax: #612-531-517 Public Works Fax: #612-533-765 July 22, 1993 Mr. Karl H. David VIDCO 3531 Nevada Avenue North New Hope, MN 55427 Subject: CONDITIONAL USE PERMIT SITE IMPROVEMENT AGREEMENT FOR EXPANSION OF OUTDOOR STORAGE AREA AT 3531 NEVADA AVENUE , NORTH IN NEW HOPE, PLANNING CASE 92-35 Dear. Mr. David: On June 28, 1993, the New Hope City Council approved your request for an amendment to the conditional use permit to allow expansion of the outdoor storage area at 3531 Nevada Avenue North, as submitted in Planning Case 92-35, subject to specific conditions. One of the conditions was that a Development Agreement and suitable bond concerning site improvements be executed with the City. I notified you that the City would draft the Development Agreement and notify you regarding the appropriate security to be posted. Enclosed please fmd three copies of the Conditional Use Permit Site Agreement. The City Engineer and Building Official have estimated the cost to install the concrete pavement, fence and sodding at $6,700.00 and the total bond to be posted is 1507; of the cost of the work, or $10,500.00. On page 4 of the agreement the various types of financial guarantees that are acceptable to the City are outlined under #10, "Financial Guarantee". The performance bond or other type of guarantee is released upon completion and acceptance of all the site improvement work by the City. Please review the enclosed agreements, and sign all three copies in the appropriate place on page 6 and have their signatures notarized. Please return the three executed copies of the agreement to the City with the appropriate type of financial guarantee. I will have the appropriate City officials sign the agreements and will return one fully executed copy to, you for your files. Please contact me if you have any comments or questions. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator Enclosures: Three Copies Conditional Use Site Improvement Agreement cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Planning Case File 92-35 Property File (3531 Nevada Avenue N~ Family Styled City '~~ For Family Livin8 CITY OF NEW HOPE CONDITIONAL USE PERMIT SITE IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by K and S & Associates I, a Minnesota limited partnership and VIDCO, INC., a Minnesota corporation (hereinfter collectively "DevelOper") and the City of New Hope (hereinafter "City"), this day of , 1993. WHEREAS, on October 12, 1987, by ResOlution No. 87-146, the City Council approved Developer's request for a Conditional Use Permit and Variance (hereinafter the "CUP") for certain real property located in the City of New Hope, County of Hennepin, State of Minnesota known as 3531 Nevada Avenue North, legally described as: Lot 2, Block 1, Stremel Addition, (hereinafter "Property") to allow outdoor storage in an I-1 Zoning District, and WHEREAS, on June 28, 1993 by Resolution No. 93-97 the City Council approved Developer's request for an amendment to the CUP to allow expansion of outdoor storage at the Property, and the City Council also approved Developer's site development plans for the Property as set forth in Planning Case 92-35 (hereinafter "Plans"), and WHEREAS, the CUP was granted subject to the following conditions: 1. Developer to sign Development Agreement and provide performance bond for all new parking slab, matching screen fence and sod. 2. Annual inspection by City Staff. NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. INCORPORATION OF RECITALS. The recitals above are incorporated herein by reference, specifically including the conditions of the CUP. extended until such time as the City Council declares the Developer in default thereunder, and the statute of limitations shall not be deemed to commence running until the City Council has been notified in writing by the Developer that the Developer has either complied with this Agreement, or that it refuses to for any reason. These provisions shall be applicable to any person who shall give a financial guarantee to the City as required below. 4. COST OF WORK. The Developer shall pay for all costs of persons doing work or furnishing skill, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same, and the City shall be under no obligation to pay the Developer or any subcontractor any sum whatsoever on account thereof, whether or not the City shall have approved the subcontract or subcontractor, and the Developer and its surety shall hold the City harmless against any such claims, and provide the City with all necessary lien waivers. 5. DEFAULT. In the event of default by the Deyeloper as to any of the Secured Work to be performed hereunder, the City may, at its option, perform the Secured Work and the Developer shall promptly reimburse the City for any expense incurred therein by the City, provided the Developer is first given written notice by United States Mail of the Secured Work in default and required to be done by the Developer, not less than 48 hours being given thereby to the Developer to remove the default status, said notice being addressed to the Developer at the address set forth below. Notice given in this manner being sufficient as described, by agreement of the parties hereto. Notice to the Developer shall also constitute, without further action, notice to any contractor or subcontractor, whether they are approved and accepted by the City or not. In the event of emergency, as determined by the City Engineer, the 48 hours notice requirement to the Developer shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City for any expense so incurred by the City in the same manner as if mailed notice as described above had been given. It is understood by the parties, however, that the responsibility of the Developer is limited by strikes and force majeure. 6. REVOCATION OF CUP. The City Council approved a CUP for the Property subject to certain conditions including completion of the Work. As an additional remedy separate and independent from any other remedy available to it, upon breach of this Agreement by Developer, the City may revoke the CUP for the Property. Developer acknowledges and agrees that the City may also revoke the CUP for failure of the Developer to satisfy any of the other conditions of the CUP. 3 The City Council may reduce the amount of the financial guarantee upon partial completion of the Secured Work and payment of all outstanding administrative costs. 11. NOTICE. The address of Developer, for purposes of this Agreement is as follows, and any notice mailed by the City to this address shall be deemed sufficient notice under this Agreement, until notice of a change of address is given to the City in writing: VIDCO, INC. 7264 West 27th Street St. Louis Park, MN 55426 12. SEVERABILITY. If any portion, section, subsection, paragraph, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portion of this Agreement. 13. SUCCESSION. This Agreement shall be binding upon the parties, their heirs, successors or assigns as the case may be. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF NEW HOPE By Its Mayor By Its City Manager K AND S & ASSOCIATES I By Its General Partner By Its 5 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1993, by and , the and respectively, of VIDCO, INC., a Minnesota corporation, on ~ehalf of said corporation. Notary Public DRAFTED BY: CORRICK & SONDRALL, A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 8525 Edinbrook Crossing, #203 Brooklyn Park, MN 55443 (612) 425-5671 c:\wp51\cnh\cup.vid 4401 Xylon Avenue North Telephone: 612-531-5100 City Hall Fax: ~612-531-512r New Hope, Minnesota 55428-4898 TDD Line: 612-531-5109 Police Fax: #612-531.$ ~ 7- Public Works Fax: ~612-535-765 July 21, 1993 Lakeside Limited, Inc. 5001 Boone Avenue North New Hope, MN 55428 Subject: VARIANCE SITE IMPROVEMENT AGREEMENT FOR BUILDING EXPANSION AT 5001 BOONE AVENUE NORTH IN NEW HOPE, PLANNING CASE 93-09 Gentlemen: On April 12, 1993, the New Hope City Council approved the request for site/building plan review/approval and a variance to the green area requirement in I-1 Limited Industrial District to allow a 30,000 square foot warehouse addition at 5001 Boone Avenue North, as submitted in Planning Case 93-09, subject to certain conditions. I believe that New Hope Building Official Doug Sandstad informed you that a Development Agreement/Performance Bond would be required for all on-site exterior amenities. Enclosed please f'md three copies of the Variance Site Improvement Agreement. The City Engineer and Building Official have estimated the cost to install the concrete curb, bimminouis parldng, retaining wall, storm sewer ponding, sodding, and to complete the grading at $82,400.00 and the total bond to be posted is 150% of thc cost of the work, or $123,600.00. On page 5 of the agreement the various types of financial guarantees that are acceptable to the City are outlined under #10, "Financial Guarantee". The performance bond or other type of guarantee is released upon completion and acceptance of all the site improvement work by thc City. Please review the enclosed agreements, and sign all three copies in the appropriate place on page 6 and have their signatures notarized. Please remm the three executed copies of the agreement to the City with thc appropriate type of financial guarantee. I will have the appropriate City officials sign the agreements and will return one fully executed copy to you for your files. Please contact me if you have any comments or questions. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator Enclosures: Three Copies Variance and Site Improvement Agreement cc: Dan Donahuc, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valcrie Leone, City Clerk Planning Case File 93-09 Property File (5001 Boone Avenue North) Family Styled City'~^~ For Family Living CITY OF NEW HOPE VARIANCE SITE IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by Lakeside Property Management Limited Partnership, a Delaware limited partnership and Lakeside Limited, Inc., a Minnesota corporation (hereinfter collectively "Developer") and the City of New Hope (hereinafter "City"), this day of , 1993. WHEREAS, on April 12, 1993, by Resolution No. 93-61, the City Council approved Developer's request for a Variance (hereinafter the "Variance") for certain real property located in the City of New Hope, County of Hennepin, State of Minnesota known as 5001 Boone Avenue North, legally described as: The South 400.0 feet, as measured along the East and West lines, of the East 923.0 feet, as measured at right angle to the East line, of the following described property: Beginning at a point on the North and South centerline of Section 7, Township 118, Range 21 West of the 5th Principal Meridian, where said North and South centerline intersects the Southerly line right-of-way of the' Railroad generally called The Minneapolis-St. Paul and Sault St. Marie Railroad; thence West along the Southerly line of right-of-way of said Railroad 1053 rods; thence running South parallel with the North and South centerline of said Section 7 to the North boundary line of the South ~ of the Southwest ~' of the Northwest J of said Section 7; thence Easterly along said North boundary line of the South ~ of the Southwest ~ of the Northwest ~ of said Section 7; extended to the North and South centerline of said Section; thence North on said North and South centerline to place of beginning, according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. (hereinafter "Property") to allow a warehouse addition in an I-1 Zoning District, and WHEREAS, on April 12, 1993 the City Council also approved Developer's site development plans for the Property as set forth in Planning Case 93-09 (hereinafter "Plans"), and WHEREAS, the Variance was granted subject to the following conditions: 1. Drainage plan to be approved by Shingle Creek Watershed Commission, 2. New site development plans to be submitted if number of employees exceeds 261 and staff to check annually on any .parking problems and verify employee count. 3. "No Trucks" signage to be installed at north entrance. NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. INCORPORATION OF RECITALS. The recitals above are incorporated herein by reference, specifically including the conditions of the Variance. 2. THE WORK. The Work shall consist of the site improvements described in the Plans, including the Secured Work as described below, and including any amendments to the Plans which are approved by the City Council. The Work shall be performed by the Developer to the City's satisfaction and in compliance with all applicable codes, ordinances, standards, and policies of the City. 3. THE SECURED WORK. The Secured Work includes all on-site exterior amenities shown on the Plans that are listed below. Quantity Item Lump Sum Grading · $8,000/LS $ 8,000.00 2,000 LF Concrete Curb · $8/LF 16,000.00 4,300 SY Bituminous Parking · $8/SY 34,400.00 1,500 SY Retaining Wall · $10/SF 15,000.00 Lump Sum Storm Sewer/Ponding · $5,000/LS 5,000.00 2,000 SY Sodding · $2/SY 4,000.00 $82,400.00 + 50~ Increase 41,200.00 TOTAL AMOUNT OF FINANCIAL GUARANTEE: $123,600.00 2 The Developer unconditionally guarantees to the City all of the Secured Work for a period of one year subsequent to the Completion Date of the Secured Work. This guarantee shall include failure of the Secured Work due to poor material, faulty workmanship, or any other cause. This guarantee shall continue whether or not all of the financial guarantee shall have been released by the City. 3. COMPLETION. The Developer agrees that the Work shall be completed in its entirety on or before the 1st day of July, 1994 (the Completion Date), except as this period of time is extended by resolution of the Council, or by the City taking no action to require completion hereunder on a timely basis. It is understood and agreed that failure of the City to promptly take action to draw upon the bond or other security to enforce this Agreement after the expiration of the time in which the Work is to be completed hereunder will not waive, estop or release any rights of the City and the City can take action at any time thereafter to require completion of the Work, and payment for same. Furthermore, the term of this Agreement shall be deemed to be automatically extended until such time as the City Council declares the Developer in default thereunder, and the statute of limitations shall not be deemed to commence running until the City Council has been notified in writing by the Developer that the Developer has either complied with this Agreement, or that it refuses to for any reason. These. provisions shall be applicable to any person who shall give ~ financial guarantee to the City as required below. 4. COST OF WORK. The Developer shall pay for all costs of persons doing work or furnishing skill, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same, and the City shall be under no obligation to pay the Developer or any subcontractor any sum whatsoever on account thereof, whether or not the City shall have approved the subcontract or subcontractor, and the Developer and its surety shall hold the City harmless against any such claims, and provide the City with all necessary lien waivers. 5. DEFAULT. In the event of default by the Developer as to any of the Secured Work to be performed hereunder, the City may, at its option, perform the Secured Work and the Developer shall promptly reimburse the City for any expense incurred therein by the City, provided the Developer is first given written notice by United States Mail of the Secured Work in default and required to be done by the Developer, not less than 48 hours being given thereby to the Developer to remove the default status, said notice being addressed to the Developer at the address set forth below. Notice given in this manner being sufficient as described, by agreement of the parties hereto. Notice to the Developer shall also constitute, without further action, notice to any contractor or subcontractor, whether they are approved and accepted by the City or not. In the event of emergency, as determined by the City Engineer, the 48 hours notice requirement to the Developer shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City for any expense so incurred by the City in the same manner as if mailed notice as described above had been given. It is understood by the parties, however, that the responsibility of the Developer is limited by strikes and force majeure. 6. REVOCATION OF VARIANCE. The City Council approved a Variance for the Property subject to certain conditions including completion of the Work. As an additional remedy separate and independent from any other remedy available to it, upon breach of this Agreement by Deyeloper, the City may revoke the Variance for the Property. Developer acknowledges and agrees that the City may also revoke the Variance for failure of the Developer to satisfy any of the other conditions of the Variance. 7. ADMINISTRATION COSTS. Developer agrees to reimburse the City for the actual costs to the City associated with Planning Case 93-09, the Variance, and this Agreement, including but not limited to, engineering and attorney's fees. Developer agrees that the. financial guarantee shall not be released until all such costs have been paid to the City. 8. HOLD HARMLESS. The Developer agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages and expenses (including attorney fees) arising out of or resulting from the Beveloper's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precaution. In the event any City employee, agent or representative shall come under the direct or indirect control of the Beveloper, or the City, upon the failure of the Developer to comply with any conditions of this Agreement or the Variance, performs said conditions pursuant to the financial guarantee, the Developer shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent or intentional acts in the performance of the Developer's required work under this Agreement or the Variance. 9. COST OF ENFORCEMENT. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 10. FINANCIAL GUARANTEE. The Developer shall furnish the City with a financial guarantee acceptable to the City in one of the following forms: a) cash escrow; b) a performance bond issued by an approved corporate surety licensed to do business in the State of Minnesota, and executed by the Developer as the principal; c) an irrevocable letter of credit; d) an automatically renewing certificate of deposit in Developer's name but assigned to the City; e) other financial instruments which provide equivalent assurance to the City. Said financial guarantee shall be furnished to the City as security to assure completion of the items of Secured Work as set forth above, and payment of the costs of administration as set forth above. The financial guarantee shall be in an amount of 150~ of the cost of the Secured Work as estimated by the City Engineer. The financial guarantee provided shall continue in full force and effect until the City Council approves and accepts all of the Secured Work undertaken and releases the surety and/or the Developer from any further liability, and until all administrative costs are paid in full. The City Council may reduce the amount of the financial guarantee upon partial completion of the Secured Work and payment of all outstanding administrative costs. 11. NOTICE. The address of Developer, for purposes of this Agreement is as follows, and any notice mailed by the City to thi[ address shall be deemed sufficient notice under this Agreement, until notice of a change of address is given to the City in writing: Lakeside Limited, Inc. 5001 Boone Avenue North New Hope, MN 55428 12. SEVERABILITY. If any portion, section, subsection, paragraph, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portion of this Agreement. 13. SUCCESSION. This Agreement shall be binding upon the parties, their heirs, successors or assigns as the case may be. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF NEW HOPE By Its Mayor By Its City Manager LAKESIDE PROPERTY MANAGEMENT LIMITED PARTNERSHIP By Its General Partner By Its LAKESIDE LIMITED, INC. ay Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1993, by EDW. J. ERICKSON and DANIEL J. DONAHUE, the Mayor and Manager, respectively, of the City of New Hope, a municipal corporation of the State of Minnesota, on behalf of said municipal corporation. Notary Public 6 STATE OF MINNESOTA ) ~ ) ss. COUNTY OF HENNEP[N ) The foregoing instrument was acknowledged before me this ~ day of , 1993, by the of , general partner of LAKESIDE PROPERTY MANAGEMENT LIMITED PARTNERSHIP, a Delaware limited partnership, on behalf of said limited partnership. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1993, by and , the and , respectively, of LAKESIDE LIMITED, INC., a Minnesota corporation, on behalf of sa~d corporation. Notary Public DRAFTED BY: CORRICK & SONDRALL, A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 8525 Edinbrook Crossing, #203 Brooklyn Park, MN 55443 (612) 425-5671 c:\wp51\cnh\var~ance.1ak 4401 Xylon Avenue North Telephone: 612-531-5100 City Haft Fax: #612-531-5 ~ 2, New Hope, Minnesota 55428-4898 TDD Line: 612-531-5109 Police Fax: #612-531.51 - Public Works Fax: #612-533-765 July 27, 1993 Bruce Paddock Paddock Laboratories 3101 Louisiana Avenue North New Hope, MN 55427 Subject: VARIANCE SITE IMPROVEMENT AGREEMENT/PERFORMANCE BOND FOR CONSTRUCTION OF WAREHOUSE/OFFICE BUILDING AT 3940 QUEBEC AVENUE NORTH IN NEW HOPE, PLANNING CASE 93-15 Dear Mr. Paddock: On June 14, 1993, the New Hope City Council approved the request for site/building plan review/approval and a variance to rear yard setback requirement in I-1 Limited Industrial District to allow construction of a new warehouse/office building at 3940 Quebec Avenue North, as submitted in Planning Case 93-15, subject to specific conditions. One of the conditions was that a Development Agreement and suitable bond concerning site improvements be executed with the City. I notified you that the City would draft the Development Agreement and notify you regarding the appropriate security to be posted.~ Enclosed please fred three copies of the Variance Site Improvement Agreement. The City Engineer and Building Official have estimated the cost to install the concrete curb, boulevard sidewalk, bituminous parking, driveway apron, storm sewer, boulevard trees and sod, and to complete the grading at $134,200.00 and the total bond to be posted is 150% of the cost of the work, or $201,300.00. On page 5 of the agreement the various types of f'mancial guarantees that are acceptable to the City are outlined under #10, "Financial Guarantee". The performance bond or other type of guarantee is released upon completion and acceptance of all the site improvement work by the City. Please review the enclosed agreements, and sign ail three copies in the appropriate place on page 6 and have their signatures notarized. Please return the three executed copies of the agreement to the City with the appropriate type of financial guarantee. I will have the appropriate City officials sign the agreements and will return one fully executed copy to you for your files. Please contact me if you have any comments or questions. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator Enclosures: Three Copies Variance and Site Improvement Agreement cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Property File (3940 Quebec Avenue No~-~k~ Planning Case File 93-1~mily Styled City~/~ ~,F For Family Livinl CITY OF NEW HOPE VARIANCE SITE IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by Bruce G. Paddock and Paddock Laboratories, Inc., a Minnesota corporation (hereinafter collectively "Developer") and the City of New Hope (hereinafter "City"), this day of , 1993. WHEREAS, on June 14, 1993, by Resolution No. 93-85, the City Council approved Developer's request for a Variance (hereinafter the "Variance") for certain real property located in the City of New Hope, County of Hennepin, State of Minnesota known as 3940 Quebec Avenue North, legally described as: Outlot A, Village Industrial Park, (hereinafter "Property") to allow construction of a warehouse/office building, and WHEREAS, the City Council also approved Developer's site' development plans for the Property dated May 7, 1993 as set forth in Planning Case 93-15 (hereinafter "Plans"), and WHEREAS, the Variance was granted subject to the following conditions: 1. Developer to sign Development Agreement and provide performance bond for all major site and boulevard work. 2. Sidewalk on site plan labeled "future sidewalk to connect with Church's, per City specifications" to be installed as part of this current development. 3. Plat legal description to be administratively revised from Outlot A, Village Industrial Park to Lot 2, Village Industrial Park. 4. Grading of the site and additional storm sewer construction to be completed as required by City Engineer. 5. All parking lot area and driveways to include B612 concrete curb and gutter. Special construction procedures to be used as needed for easterly portion of parking lot due to poor soil conditions, including by way of example excavation/refill, geotextile fabric, draintile. NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. INCORPORATION OF RECITALS. The recitals above are incorporated herein by reference, specifically including the conditions of the Variance. 2. THE WORK. The Work shall consist of the site improvements described in the Plans, including the Secured Work as described below, and including any amendments to the Plans which are approved by the City Council. The Work shall be performed by the Developer to the City's satisfaction and in compliance with all applicable codes, ordinances, standards, and policies of the City. 3. THE SECURED WORK. The Secured Work includes all on-site exterior amenities shown on the Plans that are listed below. Quantity Item .. 2,000 SF Boulevard Sidewalk · $2/SF $ 4,000.00 1,700 LF Concrete Curb · $8/LF 13,600.00 9,000 SY Bituminous Parking · $8/SY 72,000.00 2 EA Driveway Apron a $1,000/EA 2,000.00 220 LF Storm Sewer w/CB a $40/LF 8,800.00 12 EA Boulevard Trees a $200/EA 2,400.00 700 SY Boulevard Sod a $2/SY 1,400.00 Lump Sum Grading a $30,000/LS 30,000.00 $134,200.00 + 50% Increase 67,100.00 TOTAL AMOUNT OF FINANCIAL GUARANTEE: $201,300.00 The Developer unconditionally guarantees to the City all of the Secured Work for a period of one year subsequent to the Completion Date of the Secured Work, This guarantee shall include failure of the Secured Work due to poor material, faulty workmanship, or any other cause, This guarantee shall continue whether or not all of the financial guarantee shall have been released by the City, 3. COMPLETION. The Developer agrees that the Work shall be completed in its entirety on or before the 1st day of July, 1994 (the Completion Date), except as this period of time is extended by resolution of the Council, or by the City taking no action to require completion hereunder on a timely basis. It is understood and agreed that failure of the City to promptly take action to draw upon the bond or other security to enforce this Agreement after the expiration of the time in which the Work is to be completed hereunder will not waive, estop or release any rights of the City and the City can take action at any time thereafter to require completion of the Work, and payment for same. Furthermore, the term of this Agreement shall be deemed to be automatically extended until such time as the City Council declares the Developer in default thereunder, and the statute of limitations shall not be deemed to commence running until the City Council has been notified in writing by the Developer that the Developer has either complied. with this Agreement, or that it refuses to for any reason, These,' provisions shall be applicable to any person who shall give a financial guarantee to the City as required below, 4. COST OF WORK. The Developer shall pay for all costs of persons doing work or furnishing skill, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same, and the City shall be under no obligation to pay the Developer or any subcontractor any sum whatsoever on account thereof, whether or not the City shall have approved the subcontract or subcontractor, and the Developer and its surety shall hold the City harmless against any such claims, and provide the City with all necessary lien waivers. 5. DEFAULT. In the event of default by the Developer as to any of the Secured Work to be performed hereunder, the City may, at its option, perform the Secured Work and the Developer shall promptly reimburse the City for any expense incurred therein by the City, provided the Developer is first given written notice by United States Mail of the Secured Work in default and required to be done by the Developer, not less than 48 hours being given thereby to the Developer to remove the default status, said notice being addressed to the Developer at the address set forth below, Notice given in this manner being sufficient as described, by agreement of the parties hereto, Notice to the Developer shall 3 also constitute, without further action, notice to any contractor or subcontractor, whether they are approved and accepted by the City or not. In the event of emergency, as determined by the City Engineer, the 48 hours notice requirement to the Developer shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City for any expense so incurred by the City in the same manner as if mailed notice as described above had been given. It is understood by the parties, however, that the responsibility of the Developer is limited by strikes and force mai eure. 6. REVOCATION OF VARIANCE. The City Council approved a Variance for the Property subject to certain conditions including completion of the Work. As an additional remedy separate and independent from any other remedy available to it, upon breach of this Agreement by Developer, the City may revoke the Variance for the Property. Developer acknowledges and agrees that the City may also revoke the Variance for failure of the Developer to satisfy any of the other conditions of the Variance. 7. ADMINISTRATION COSTS. Developer agrees to reimburse the City for the actual costs to the City associated with Planning Case 93-15, the Variance, and this Agreement, including but not limited to, engineering and attorney's fees. Developer agrees that the. financial guarantee shall not be released until all such costs hav~ been paid to the City. 8. HOLD HARMLESS. The Developer agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages and expenses (including attorney fees) arising out of or resulting from the Developer's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precaution. In the event any City employee, agent or representative shall come under the direct or indirect control of the Developer, or the City, upon the failure of the Developer to comply with any conditions of t. his Agreement or the Variance, performs said conditions pursuant to the financial guarantee, the Developer shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent or intentional acts in the performance of the Developer's required work under this Agreement or the Variance. 9. COST OF ENFORCEMENT. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 10. FINANCIAL GUARANTEE. The Developer shall furnish the City with a financial guarantee acceptable to the City in one of the following forms: a) cash escrow; b) a performance bond issued. by an approved corporate surety licensed to do business in the State of Minnesota, and executed by the Developer as the principal; c) an irrevocable letter of credit; d) an automatically renewing certificate of deposit in Developer's name but assigned to the City; e) other financial instruments which provide equivalent assurance to the City. Said financial guarantee shall be furnished to the City as security to assure completion of the items of Secured Work as set forth above, and payment of the costs of administration as set forth above. The financial guarantee shall be in an amount of 150% of the cost of the Secured Work as estimated by the City Engineer. The financial guarantee provided shall continue in full force and effect until the City Council approves and accepts all of the Secured Work undertaken and releases the surety and/or the Developer from any further liability, and until all administrative costs are paid in full. The City Council may reduce the amount of the financial guarantee upon partial completion of the Secured Work and payment of all outstanding administrative costs. 11. NOTICE. The address of Developer, for purposes of this: Agreement is as follows, and any notice mailed by the City to this' address shall be deemed sufficient notice under this Agreement, until notice of a change of address is given to the City in writing: PADDOCK LABORATORIES, INC. 3101 Louisiana Avenue North New Hope, MN 55427 12. SEVERABILITY. If any portion, section, subsection, paragraph, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portion of this Agreement. 13. SUCCESSION. This Agreement shall be binding upon the parties, their heirs, successors or assigns as the case may be. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF NEW HOPE By Its Mayor By Its City Manager Bruce G. Paddock PADDOCK LABORATORIES, INC. By Its By Its STATE OF MINNESOTA ) ) ss, COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this~ day of , 1993, by EDW. J. ERICKSON and DANIEL J. DONAHUE, the Mayor and Manager, respectively, of the City of New Hope, a municipal corporation of the State of Minnesota, on behalf of said municipal corporation. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day of , 1993, by Bruce G. Paddock. Notary Public 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEP[N ) The foregoing instrument was acknowledged before me this day of , 1993, by and , the and , respectively, of PADDOCK LABORATORIES, INC., a Minnesota corporation, on behalf of said corporation. Notary Public DRAFTED BY: CORRICK & SONDRALL, A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 8525 Edinbrook Crossing, #203 Brooklyn Park, MN 55443 (612) 425-5671 c:\wp51\cnh\variance.pad