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120793 Planning AGENDA PLANNING COMMISSION MEETING OF DECEMBER 7, 1993 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. CONSENT 4. PUBLIC HEARINGS '4.1 Case 93-33 Request for Rezoning from R-l, Single Family Residential Zoning District to R-O, Residential-Office, Zoning District, 7901 28th Avenue North, Paul T. Wrobel, D.D.S., Petitioner *4.2 Case 93-35-B Request for Rezoning from B-l, (Limited Neighborhood Business) Zoning District, to B-2, (Retail Business) Zoning District, or Code Text Amendment or Conditional Use Permit to Allow Graphics and Laundromat/Dry¢leaning Businesses to Locate at 7811/7821 62nd Avenue North, Oliver Tam/Tam's Family Partnership, Petitioner 4.3 Case 93-31 Request for amendment to Home Occupation Ordinance, City of New Hope, Petitioner 5. COMMITTEE REPORTS 5.1 Report of Design and Review Committee 5.2 Report of Codes and Standards Committee (a) Revisions to Gas Canopy Ordinance (b) Preliminary Review of Permitted/Conditional Uses in B-1 Zoning District 6. OLD BUSINESS 6.1 Miscellaneous Issues 7. NEW BUSINESS 7.1 Approval of Planning Commission Minutes of November 2, 1993 7.2 Review of City Council Minutes of October 25, 1993, November 8, 1993; Work Session of November 1, 1993 and November 15, 1993. 7.3 Review of EDA Minutes of October 25, 1993 and November 8, 1993 8. ANNOUNCEMENTS 9. ADJOURNMENT *Petitioners are requested to be in attendance CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-33 Request: Request for Rezoning from R-l, Single Family Residential Zoning District, to R-O, Residential-Office Zoning District Location: 7901 28th Avenue North PID No: 19-118-21-44-0065 Zoning: R-1 (Single Family Residential) Petitioner: Paul T. Wrobel, D.D.S. Report Date: December 3, 1993 Meeting Date: December 7, 1993 BACKGROUND 1. The petitioner is requesting the rezoning of this parcel of property from R-l, Single Family Residential, to R-O, Residential Office, to allow total professional office occupancy of the building, pursuant to Sections 4.05, 4.09, 4.20, 4.23 and 4.29 of the New Hope Code. 2. This request was tabled at the November 2nd Planning Commission meeting. While several Commissioners were opposed to the rezoning request, other Commissioners indicated that they would give it further consideration if more detailed plans were submitted. 3. The petitioner has prepared the enclosed revised plans. 4. The Planning Consultant has prepared the enclosed updated report and will be present at the meeting to answer questions. 5. The November Planning Commission report which explains the details on the request is enclosed. Attachments: Revised Plans December 3, 1993 Planner's Report November Planning Commission Staff Report Letters to Petitioner Roger A. Anderson & Associates, Inc. Civil Engineering Consultants Suite 107, 7415 Wayzata Blvd. Minneapolis, MN 55426 (612) 546-7035 November 29,1993 City of New Hope 4401 Xylon Avenue North New Hope, MN. 55428-4898 Attn: Kirk McDonald RE: Request for rezoning from R-l,single family residential, to R-O, residential- Office PLANNING CASE 93-33 Dear Mr. McDonald: Dr. Wrobel has directed us to prepare a Site Plan showing the parking lot expansion in response to your letter dated November 12, 1993 and Bob Kirmis letter dated Nov. 5,1993. Enclosed are five copies of the Site Plan for the above referenced project. If you have any questions or need any additional information please feel free to call us at 546-7035 SINCERELY: CC: Dr. Wrobel Land Development · Municipal · Highways · Railroads SITE PLAN Suite ]07 74]5 Wayzata Bird, Civil En~lneerln8 Consultants MINNEAPOLIS M NNESOTA 55426 PLANT,lNG REPORT TO: Kirk McDonald FROM: Bob Kirmis/Alan Brixius DATE: 3 December 1993 New Nope - wrobel Si%e and ~uilding Plan Zeview FILE NO: 131.01 93.33 EXECUTIVE SUMMARY Background As you are aware, Mr. Rau! wrobel has requested a rezoning o~ his property located south of 28th Avenue North and we~t of Winnetka Avenue from an R-l, Single Family Residential to an R-O, Residential Office desi~na=ion. Such a rezonin~ would allow the residence to be converted exclusively into a dental office (portion of structure currently used as a dental o~ice). At i%s 30 Nove~er meeting, the Plannin~ Commission tabled Mr. Wro~el'$ requested rezonin~ pending a review of si~e and ~uilding plans and a demonstra=ed conforn%ance to R-O Dis:flor s=andards. Having received site a/%d building plans, this reporu will provide review and recommendation as =o their acceptability and conformance to applicable Ordinance provisions A~=ached for reference: Exhibi~ A - site Loca=ion Exhibit C - Site Plan Exhibit D - Building Elevations Exhibi= Z ~ parkin~ Lo~ Design Al=cma=ives 5775 Wayzata Blvd.- Suite 555. St. Louis Park, MN 55416. (612) 595-9636. Fax, 595-9837 Hndin s Based on the following review, our office offers the following commenzs regarding the site plan of the proposed dental office subject to the followin~ conditions: I. The City decide whether the requested rezonin~ o£ the subject property from R-l, Single Family Residential to R-0, Residential Office is appropriate. 2. The Ci=y approve a condizional use permit to allow a dental office within an R-0 Zoning District. 3. The proposed off-street parking configuration is revised Bo that all off-street parking stalls are fully accessible a= all times. In no case, may parked vehicles block access to other designated off-street parking stalls. 4. The off-street parking lot is revised to illustrate one handicap parking stall as required by State law. 5. Parking io= grades not exceed $ percent. 6. The City Engineer provide con%~ent in regard to the need for a grading plan submission. ?. Perimmter curbln~ is provided around all off-street parking areas with proper set,acks. 8. Screening is provided alon~ the subject property's western border. Such screening may consist of either a fence or green belt plantings. 9. A conditional use permit is obtained =o allow a wavering of off-street loading requirements for a corf~ercial use. The subject structure is fully accessible to handicapped persons. 11. Any new on-si~e si~na~e comply with applicable provisions of the City Sign Ordinance. 12. Comments from other City staff. ISSUES ANALYSIS $i~e Plan Review A~_tho_=i.tv.. According to Section 4.039.A (1) (c) of the Zoning Ordinance, =he following actions (applicable =o the subject developmenu) require site and building plan review by the Planning Commission and approval by ~he City Council. D E C -- ~ -- ~ M F R I 1 1 : 5 1 0 P - 0 ~ 1. Changing the use of a building or parcel from one type of land use to another. 2. Modificauion of or additions or enlargements to a building accessory site improvements and/or land features of a parcel of land that result in the need for additional parking. Considering that the proposed deve!opmen= would result in both a change in use and accessory site improvements (additional parking), site and buildlng plan review is considered necessary. ¢ondi~i0n~l U_s_e _Permit. R-0 District provisions list dental offices as conditlonal uses. If the City approves the requested rezoning, the &pplican= will be required to obtain a conditional use permit in accordance with Section 4.21 of ~e Zoning Ordinance. As such. site and building plan approval shall be contingen= upon approval of the requested rezoning and necessary conditional use permit. Sa~haek~ With the excep=ion of the rear yard setback, the proposed den=al office meets all applicable R-0 setback requirements as shown below: ~ ~PrQDOSed Front Yard 35 fee= 42 feet Side Yard 20 fee: 35 feet Rear Yard 35 fee~ 21 fee~ NOTES: West yard technlcaily defined as "front yard". Eaves and gutters excepted from setback provided they do not proJec~ more than two ~eet in~o a yard. While i~ is acknowledged that =he sub, ecg structure does not meet R-O Dis=tlc= rear yard setback requirements (nor current setback), the setback is considered legally non-conforming and holds grandfather rights. Off-~treet_Parkin~. 1. SDa~es R~__~uired Accordin~ uo uhe Zontn~ Ordinance, professional offices must provide three off-s=ree~ parking spaces plus a= leas~ one space ~or each 200 square ~eet of floor area. As calculated below, an off-street parking supply of ~4 spaces must be provided for the proposed dental office. Required 2,288 square ~ spaces plus 1 per 200 14 feet square feet of floor area DEC-- 5--95 FR I 1 1 : 52 0 P . 05 As shown on the submitted site plan, an off-street parking supply of 14 spaces has been provided. 2. Pa~kin~.Lo~.Cir~ula~ion~ While an adequate number of off- s~ree= parking stalls has been proposed, some concern exists in regard to parking io= circulation and stall accessibility. Of particular issue are the off-street parking stalls which exist upon the garage driveway. While it is acknowledged the garage may be used for employee parking, a strong likelihood exists that vehicles parked in front of the ~arage will block the stalls. As a condition of site and building plan approval, all off-street parking stalls must be positioned so as not to prohibit access to any stall. Additionally, stalls ~hould also be designed So that vehi¢le~ are not forced to back onto either 28th Avenue or Winnetka Avenue. Parking in the existing driveway will bring commercial traffic onto 2$th Street. This was noted as a concern a= the previous Planning Commission meeting. 3. D~m~ional Re_o~__~_ix~m_~_n_ts~ All proposed off-street parkin~ stalls have been found to meet minimum required stall (S' X 19') and drive aisle (24') dimensions. 4. ~andi=ap Stalls~ Per State law, one of every 25 off-stree~ parking stalls must be devoted to use by =he handicapped, in this re~ard, the submitted site plan should be revised illustrate one handicap parking stall. 5. Parkinq Area Grades, AS noted on =he submitted site plan, ~he erection of a retaining wall will be necessary to expand the den=al office parking lot. According to the Zoning Ordinance, parking area ~rades may not exceed 5 percent. As a condition of site and building plan approval, the ap~licant should demonstrate =ha= proper management of storm water take place. The City Engineer should provide comment in resard =o =he need for a grading plan submission. ~ According to the Zoning Ordinance, all parking areas for commercial uses must have a perimeter curb around the entire parking lo=. So as to conform to =his requirement, the dental office's off-street parking areas have a perimeter curb. S~ne_e~D_~fLan~s~ap~n_~ According =o Section 4.0~ (~)(b)-(d) of the Zoning Ordinance, where any business (i.e., structure, parking, etc.) abuts property zoned for residential use, that business shall provide screening along the boundary of the residential property. Such screening may consis= of either a fence or green belt planting strip. So as =o comply with this provision of =he Ordinance, screening should be provided along the subject property's western border. ~ As noted on the submitted site plan, all trash handling activities are ~o occur within the principal building. As such, crash screening requirements are not considered applicable. ~ As shown on the submitted site plan, a loading stall has not been provided for the proposed dental office. According to Section 4.037 (6)(b) of the Zoning Ordinance, commercial buildings less than S,000 square feet in area may waive loading berth requirements upon the approval of a conditional use permit. To qualify for such an exception, the following provisions must be me=: a. It must be demonstrated that the site cannot physically accommodate a loading berth to the size required. b. It must be demonstrated that semi-trailer truck deliveries will no~ occur at the site or all deliveries will occur at such a time as to not conflict with customer or employee access to the building and parking demand. Hand~.~a~ACCessibilitv. In accordance with the State Building Code, the dental office must be fully accessible ~o handicapped persons. Lighting, The submitted site plan makes note =ha~ no exterior lighting is to be provided on si~e. Street Access,,, As noted previously, dental o~ices are listed as conditional uses in the R-0 Di~ric~. As a condition of approval, the Ordinance stipulates that such uses must be served by arterial or collector s~ree~s wi~h sufficient capacity ~o accommodate anticipated ~raffic. If the chan~e of zoning is determined =o be acceptable, all con~nercial traffic should be discouraged along 28th Street. Bu~ld~nq_He~_~c~ht~ Accordin~ to the Zoning Ordinance, structures within R-O Zoning Dis=tic=s may not exceed three stories in height. The subject structure has been found ~o conform to maximum R-0 building height requirements. S~e. If new or additional si~nage is =o be erected as part of the deb=al office expansion, all such signs must comply with applicable provisions of the City Si~n Ordinance. pc: Doug Sandstad Dan Donahue City of New. Hope ~rthwest . Associated · -~ Consultants, inc. EXHIBIT B1 - SiTE PHOTOS DEC-- ~-- 9 ~ F R I I 1 .' 56 0 p . 0~ EXHIBIT B2 - SITE PHOTOS ' DEC-- ~---, -- 9 :~ F R I 1 i .' 56 0 P - 1 £~ EXHIBIT C - SITE PLAN EXHIBIT D- BUILDING ELEVATIONS ELIMINATE .. ;.: .... DRIVEWAY TREE' ,~. EXHIBIT E - PARKING LOT DESIGN ALTERNATIVES 4401 Xylon Avenue North Telephone: 612-531-5100 City Hall Fax: =6~2-53~-~' New Hope, Minnesota 55428-4898 TDD Line: 612-531-5109 Police Fax: ~612-53~-5' Public Works Fax: =672-533- November 12, 1993 Paul T. Wrobel, D.D.S. 7908 28th Avenue North New Hope, MN 55427 Subject: REQUEST FOR REZONING FROM R-l, SINGLE FAMILY RESIDENTIAL, TO R-O, RESIDENTIAL-OFFICE, PLANNING CASE 93-33 Dear Dr. Wrobel: Please be advised that on November 2, 1993, the Planning Commission tabled the request for rezoning, from the R-l, Single Family Residential, to R-O, Residential-Office, as submitted in Planning Case 93-33. The Planning Commission tabled the rezoning request, at your request, to allow you sufficient time to have more detailed plans prepared to show that the site could meet all of the R-O Zoning District standards. I have enclosed excerpts of the Planning Commission minutes from that meeting for your information so that you will have a better understanding of the issues that the Commission wants addressed. I have also enclosed a memorandum from the City's Planning Consultant that outlines the specific details that should be included on the site development plan. As you are aware, several of the Commissioners indicated that they were opposed to the rezoning regardless of any plans that were prepared. Several Commissioners indicated that they could not consider the rezoning until more specific plans were prepared, but that they were not committing to supporting the rezoning even if more specific plans were prepared. The Planning Commission of course only makes recommendations to the City Council. The City Council makes the final decision. I assume that you will be proceeding to develop more detailed plans. Please contact myself or Doug Sandstad, Building Official, if you have any questions about what should or should not be included on the plans. The Planning Commission meets again on December 7th and if you would like your Family Styled City ~ For Family Living Dr. Wrobel Page 2 November 12, 1993 request to be considered again at that meeting, I would request that you submit your new plans to the City by Monday, November 29th so that the staff can review them and so that they can be included in the December Planning commission packet, which is sent out on the Friday prior to the Commission's meeting. Thanks for your cooperation and please contact me at 531-5119 if you have any questions. Sincerely, Daniel J. Donahue City Manager , Kirk McDonald Management Assistant/Community Development Coordinator KM/lb cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Planning Case File 93-33 Property File (7901 28th Avenue North) Nort wes, As i Consul ants, Inc. U R B A P L N I N G D N M A R K E R E S E A R C H TO: Kirk McDonald FROM: Bob Kirmis/Alan Brixius DATE: 5 November 1993 RE: New Hope Wrobel Rezoning FILE NO: 131.01 - 93.33 This memorandum is intended to specify items which must be addressed as part of a possible site development plan submission from Mr. Paul Wrobel. As you are aware, Mr. Wrobel is currently requesting a rezoning of his property located south of 28th Avenue North and west of Winnetka Avenue from an R-1 to an R-O designation. Such a rezoning would allow the residence to be converted exclusively into a dental office (portion of structure currently used as a dental office). If the City chooses to rezone the property, the submission of a detailed site development plan in conjunction with the proposed building conversion will be necessary. The said development plan would subsequently be subject to recommendation by the Planning Commission and approval by the Planning Commission as part of the CUP process. The said site development plan should be drawn to scale and include, but not be limited to the following: 1. Building location. 2. Location and number of parking spaces (proper dimension setbacks construction design, driveway dimensions, etc.) 3. Location of loading space. 4. Location of exterior lighting. 5. Floor plan. 6. Location of trash receptacles. 5775 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 It should be recognized that the submission of the site plan will essentially determine whether the subject site can successfully accommodate the proposed use and intensity. In Preparing the said site plan, the parking lot slope should be such that direct access to the structure's first floor may be provided. If you have any questions or comments regarding this material please advise. , CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-33 Request: Request for Rezoning from R-l, Single Family Residential Zoning District, to R-O, Residential-Office Zoning District Location: 7901 28th Avenue North PID No: 19-118-21-44-0065 Zoning: R-1 (Single Family Residential) Petitioner: Paul T. Wrobel, D.D.S. Report Date: October 29, 1993 Meeting Date: November 2, 1993 BACKGROUND 1. The petitioner is requesting the rezoning of this parcel of property from R-l, Single Family Residential, to R-O, Residential Office, to allow total professional office occupancy of the building, pursuant to Sections 4.05, 4.09, 4.20, 4.23 and 4.29 of the New Hope Code. 2. The property is currently zoned R-l, Single Family Residential, and a special use (conditional use) permit was granted by the City in 1963 to allow a portion of the home to be used as a dental office. Currently the main floor of the home is utilized as a residence and the walkout basement is used as a dental office. 3. The request is to expand the existing dental office to both floors of the building, while eliminating the residential use. 4. The petitioner states in a letter that a dental office in his residential building was appropriate and appreciated for the past 29 years where he has had a successful private dental office. He states that the location of this building on Winnetka Avenue and immediately adjacent to the Midland Shopping Center now makes the entire building more useful for professional business rat-her than residential. The applicant states that he wishes to abandon the present living quarters within this building. He is requesting permission for total professional occupancy of the building. 5. On November 12, 1963, Dr. Wrobel obtained City Council approval for the construction of a "combination dental office and home" on this property. The special use permit was approved subject to the condition that not more than one person not residing on the premises to be employed (see enclosed 1963 Planning Commission and Council minutes). In the spring of 1964, the home/office was constructed under the special use permit. The petitioner continued to operate the business from the home/office until last year, when he began leasing to another dentist in anticipation of his retirement. He n°w wants to be able to abandon the residential use and have medical or professional offices on both floors. 6. The petitioner states on the application that the request should be granted to provide a necessary change in the usage of the site, as appropriate for that location. 7. The existing parcel, located at the southwest intersection of Winnetka and 28th Avenue, contains 16,440 square feet and the home/office contains 1,150 square feet per floor for a total square footage of 2,300 square feet. The existing structure meets setback requirements, being set back 35 feet from 28th Avenue and 50 feet from Winnetka. The site contains 8 parking spaces, 4 in the driveway off of 28th Avenue and 4 in the drive/parking lot off of Winnetka. 8. Surrounding land uses/zoning include B-4 Community Business District (Midland Shopping Center) to the south, R-2 Single and Two Family Residential (duplexes) to the west, R-1 Single Family Residential to the north across 28th Avenue, and R-1 Single Family Residential directly east across Winnetka Avenue. Note that there is R-O Zoning at the southeast intersection of Winnetka Avenue and Terra Linda Drive. The petitioner's property has been zoned R-1 since 1956. 9. The topography of the property slopes steeply from the northwest corner downward to all other corners approximately 8 feet. 10. Property owners within 350' of the request have been notified and staff have received no comments on the request to date. ANALYSIS 1. The Planning Consultant has prepared a detailed analysis of this request and will be present at the Planning Commission meeting to discuss the pros and cons of the rezoning request so please refer to the attached report, as it is not staff's intent to repeat all of that information in this report. 2. The viewpoints and issues that do need to be considered include the following: A.) The input and comments, if any, received from neighboring property owners. B.) The intent of, the uses permitted in, and the differences between the R-1 and R-O Zoning Districts. C.) The two questions that are always asked in conjunction with a rezoning request: 1.) Was a mistake made in the original zoning designation?, or 2.) Has the character of the area changed to warrant the rezoning? D.) If the site is rezoned to R-O can it meet all of the performance standards for that Zoning District? E.) Is this considered "spot rezoning"? 3. If the site meets the intent of the R-O District and can meet the performance standards for the district, and if it is determined that the nature of the area has changed, then staff could support the rezoning because it would confirm the transitional nature of the building and lot by permane~ntly designating the property R-O. The site is not highly desirable for a residence due to its large size, access off of two streets, and location adjacent to a shopping center. 4. The original action in 1963, was to allow a home occupation and this building was specifically designed for that use. However, over the years the R-1 designation of this corner lot has become an oddity. Because the building was constructed to look like a residence, it blends well with the duplexes and single family homes on 28th Avenue. If the lot were vacant today, staff would probably be recommending an R-O, R-2 or B-4 zoning designation with a specific development proposal. RECOMMENDATION The rezoning request is a policy decision that will need to be made by the Commission and Council based upon the issues outlined in these reports and upon input received from surrounding property owners. Staff could support the rezoning to R-O based upon the transitional nature of the property and due to the unique circumstance that this structure was originally approved and constructed as a combination home and office. On the other hand, the City may desire to maintain the R-1 zoning designation and continue to maintain the split use (residential/office) of the property. Attachments: Planner's Report/Survey Zoning/Section/Topo Maps Petitioner's Letter 1963 Planning Commission~Council Minutes Nort west ssoci Consu tan s, Inc. U R B A P L A N N G · D N M AR K T R S E A R C H PLANNING REPORT TO: Kirk McDonald FROM: Stuart Roberson/Alan Brixius DATE: 27 October 1993 RE: New Hope - Paul Wrobel Rezoning FILE NO: 131.01 93.33 EXECUTIVE SUM3~Y Background Paul Wrobel has requested a rezoning for a .38 acre parcel of land containing a single family home and a dentist office, located at 7901 28th Avenue North, legally known as Lot 17, Bock 3, Twin Terra Linda. It is the applicant's wish to rezone his property from R-I, Single Family Residential District, to a R-O, Residential-Office District. Paul Wrobel received a special use permit in 1963 to include an office of dentistry on the lower floor of his home. During that time, a special use permit allowed dentistry as a home occupation within the R-1 District. Currently, the applicant wishes to relocate to another residence and convert his property into a dental office. The R-1 Zoning District does not allow for the use of dental offices. Therefore, the applicant wishes to rezone his property to a R-O designation. It is important to note that the applicant's property is currently classified as a legal conforming use due to the fact that dental office use is no longer allowed as a home occupation in the R-1 District. Attached for reference: Exhibit A - Site Location Exhibit B - Site Zoning Exhibit C - 1975 Comprehensive Land Use Plan Exhibit D - Site Plan 5775 Wayzata Blvd.. Suite 555 .St. Louis Park, MN 55416.(612) 595-9636. Fax. 595-9837 Recommendation The change in land use and zoning is a policy decision that is left to City officials. In making this determination, the~City must consider a number of factors in how the rezoning will affect the neighborhood and the City as a whole. In our review, it is apparent the current zoning was not a mistake based on historic use of the site, Comprehensive Plan policies and surrounding land uses. In this regard, the City must determine if conditions have changed that warrant the requested zoning change. In our review, we noted concerns with regard to consistency with the Comprehensive Plan, compatibility with existing land uses and the site's ability to provide adequate parking. Without demonstration that the site and future use can address these concerns, we cannot support the rezoning request. ISSUES ANALYSIS Judgement Criteria In evaluating any change of land use and rezoning, New Hope uses the following criteria for determining the appropriateness of the rezoning request: Mistake in Zoning. The City may approve a rezoning request if it is determined that the rezoning is necessary to correct a past zoning mistake. Based on the Comprehensive Plan, surrounding land use patterns and the past use of the property, we find that the subject property was properly designated for R-i, Single Family Residential zoning (see Exhibit C). It is apparent that the current R-1 zoning designation does not represent a past zoning mistake. Change in Character. The site and surrounding properties have 'developed a pattern consistent with the 1975 Comprehensive Plan. There has not been significant change in land use since the 1975 Comprehensive Plan. The 1962 special use permit allowed for the establishment of the dentist office within the existing single family home. the single family home is oriented toward 28th Street while the dental office orients toward Winnetka. The Planning Commission must determine if the existence of the dental office has changed the character of the site significantly enough to warrant a change in zoning. Comprehensive Plan The 1975 Comprehensive Plan indicates that the tier of lots abutting the south side of 28th Street should be developed as medium density residential uses. The area south of the site is designated for commercial land uses recognizing the Midland Shopping Center. With the exception of the site in question, this area of New Hope has developed in accordance with the land use recommendations of the 1975 Comprehensive Plan. ~The combination single family home/dental office raise issue as to the most appropriate use of the site. The single family use relates to the residential neighborhood along 28th Street. The dental office is an extension of the commercial activities along Winnetka Avenue. In addition to the Land Use Plan, the City must consider the Comprehensive Plan land use goals and policy statements intended to guide land use decisions. The following land use goals and policies are applicable to the current request. Land Use Goals. · Develop a cohesive land use pattern which ensures compatibility and functional relationships among activities. · Establish planning districts within the community based upon homogeneous or compatible land use characteristics and/or division of physical barriers. · Prevent over-intensification of land use development, in other words, development which is not accompanied by a sufficient level of supportive services and facilities (utilities, parking, access, etc.). · Preserve and protect property values. Land Use Policies. · Ensure that intensification of land use activity and development is accompanied by sufficient corresponding increases in related supportive and service facilities such as off-street parking. · Accomplish transitions between distinctly differing types of land uses in an orderly fashion which does not create a negative (economic, social or physical) impact on adjoining developments. 3 · Protect integrated use districts (e.g. residential neighborhoods, commercial centers, industrial park) from penetration by through traffic. Where through traffic problems are identified, correct such problems as opportunities arise. Residential Goals/Policies · Provide safe, healthy and attractive residential environments which offer a broad and full choice of housing types. · Maintain and where necessary, strengthen the character of individual neighborhoods. Commercial Goals/Policies · Strongly discourage any further spot or uncoordinated linear commercial development in favor of a unified development pattern. · When opportunities arise, consolidate existing spot and uncoordinated linear commercial development into more functional patterns. · Ensure that development of any scattered open parcels along existing commercial strips is accomplished in a fashion which helps to establish more functional development patterns (for example, utilizing shared access and parking, etc.). In evaluating the Comprehensive Plan policies, it would appear that the emphasis is on maintaining and enhancing the existing residential neighborhood. The Policy Plan also discourages the further expansion of commercial zoning. Under these guidelines, the proposed rezoning may be considered a further intrusion into an existing residential neighborhood. Land Use Compatibility In evaluating any rezoning, the City must consider the impact the zoning change will have on existing, as well as future land use compatibility. The following review compares the purpose and land uses of the R-1 Zoning District with the requested R-O Zoning District. Additionally, the City will evaluate the rezoning request in context with the surrounding land uses. R-1 Zoning District. The purpose of the R-l, Single Family District is to provide for low density single family detached residential dwelling units and directly related, accessory and complementary uses. 4 The following is a listing of permitted and conditional uses within the R-1 District: Permitted Uses Conditional Uses Single Family Dwelling Public, Educational and Day Care Facility Religious Buildings Public Parks and Playgrounds Commercial Outdoor Recreation Essential Services Government and Utility Building Group Care Facility Cemeteries Day Care Facility Earth Sheltered Homes R-O Zoninq District. The purpose of the R-O, Residential-Office District is to provide for high density residential use and for the transition in land use from mid density residential to low intensity business allowing for the intermixing of such uses. The following is a listing of permitted and conditional uses within the R-O District: Permitted Uses Conditional Uses Multiple Family Dwellings Public, Educational and Boarding Houses Religious Buildings Public Parks and Playgrounds Commercial Outdoor Recreation Essential Services Government and Utility Buildings Club or Lodge Without Serving PUD Residential of Food or Beverage Cemeteries Day Care Facilities Earth Sheltered Homes Townhouses Group Care Facilities Nursing Homes Elderly Housing Medical Offices (professional and commercial) Parking for Adjacent Commercial or Multiple Dwellings Retail Commercial Combined Residential and Non- Residential 5 Surroundfnq Uses. When considering a rezoning request, it is beneficial to examine whether or not the proposal is compatible with the surrounding land use. The following is a listing of adjacent land use and zoning designations: Direction Land Use Zoning North Single Family R-l, Single Family Residential South Retail Business B-4, Commercial Business Northeast Low Density R-2, Single and Residential Two Family Residential East Single Family R-i, Single Family Residential Southeast Limited Business R-O, Residential- Office West Low Density Residential R-2, Single and Two Family Residential The current R-1 zoning allows the existing single family home as a permitted use. this land use is compatible with zoning and land uses to the north and west along 28th Street. The R-O Zoning District is intended to provide a land use transition between the more intense commercial area and lower intensity residential neighborhoods. The R-O zoning would allow the property owner the opportunity to convert the entire home to a dental office. The dental office would be compatible with the existing co~Lercial uses to the south long Winnetka Avenue. However, any commercial use or activity associated with the site that would be oriented toward the residential neighborhood along 28th Street are seen as being incompatible with the character of the area and are not acceptable. In this light, if rezoning is to be considered, the site plan must demonstrate that the use will not be oriented or intrusive on the 28th Street residential neighborhood. Performance Standards In considering a zoning change, the applicant must demonstrate that the site can comply with the zoning performance standards of the requested district. The following summary of the R-O performance standards compared with existing site conditions. Lot Area and Setbacks. The proposed site exceeds the R-0 lot area and width requirements. Review of the site survey indicates a slight setback nonconformity involving a tenth of an inch. This degree of nonconformity should not present an obstacle for the use of the site. Parkinq. The current dental office provides five parking stalls and some residential parking int he garage off 28th Street. With the rezoning to R-O, the dental office would be enlarged from 1,201 square feet to 2,401 square feet. Based on the expanded office size, the office would have to provide 14 parking stalls. In review of the site plan, it is questionable as to whether the site can provide 14 parking stalls that comply with City performance standards with regard to parking lot design, dimension, setback and construction features. To limit intrusion on the residential area along 28th Street, we note that the driveway parking could not be used for more than two parking stalls. More than two stalls in this location would not be consistent with the City design standards for commercial parking lots. CONCLUSION Any change of zoning is a policy decision of the City. In evaluating this zoning request, the City must determine if conditions have changed that warrant a rezoning. In review of the request, we would note that any rezoning consideration must evaluate the potential impact on the surrounding residential neighborhoods and the site must be capable of accommodating the proposed use in full compliance with City performance standards. Without demonstration that these concerns can be addressed, we cannot support the rezoning request. pc: Dan Donahue Doug Sandstad Steve Sondrall Tim Keane Paul Wrobel 'City of New Hope ~INGL[ FAMIly RESID~'NTIAL R-I SlNGttr AND TWO FAMILy RE$1OENTIALR-~: MEDIUM DENSITY RESIDENTIAL H~GH DEN$~ RE$1OE~L R-4 SENIOR CITIZEN R[SIDENTIAL R[StDENTIA~ OFFICE R-O LIMITED NEIGHBORH~O BUSINESS ~-i RETAIL BUS~NESS AUTO ORIENTED BUSINESS COMMUNITY ~USINESS LIMITED JNDUSTR IAL GENERAL INDUSTRIAL FL~O PLAIN FP W~T LAND W "Associated Consultants, inc. EXHIBIT B land use framework ~low dens,fy res|denf~ai ~m~d dens~ty resldenHal ~high density residenHal ~,publ~c and seml public ~ i nd ustHa I/bus~ness new hope, minn. LAND C:E,RTI FICAT£ OF' LoT )7 ~_oc~ :~ ~F-NNIEPI),,[ COUNTY, ]'¥11NNF..$0TZ~ I hereby certify that this sur.vey, plan .or report 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 ' r Job No 771 ~ 0 I Date 8//~/5~) Reg. No. /-~5>.~' Book .4-7_ Page ~ Sec 19 'T. I1~ R _~ .... EXHIBIT D · WiSCONSiN H AVl N ~ ~OTH AVE. N AVl .u V~EWCR£ST LANE TERRA LINDA reNO. l'O mmmmmmmmlmmmmmmmmmmmmmmmmmMF. O~¢~NF. mm LAKE m ROAD I " i ~ g~g.3 E~ EM F. NTA~R~t, ~ f- C0U~CTT. MiNUTES -~- Rov~m_~erl2, 1963 Zo Discussion held u to ~~e of a a~c~ uae ~t ~ ~ a e~tion d~ office ~d h~ at 7~ - 2~h A~ Moth, f~ ~~t~n ~ of~ ~ h~ at 7~1 - 2~h A~ ~h, ~ 17, ~ 3, ~ ~e ~ ~e ~ ~t ~aid~ ~ the ~~s ~ ~.~~, ~ ~J~t to .* oboe of ~~ ~ E 3 (a) of ~e ~ ~e (C~~ for ~~ a~ ~ ~t) ~ ~~de~ ~ the ~~ C~ssi~. ~ion ~~ ~a~ ~ted on ~e steers ~ S~ T~race Ad~ti~. A letter, ~~r ~, 1963, ~~ ~ ~s ~tter ~ ~s~ by ~r ~a l~t~ ~tes t~t it ~ ~ by the d~o~r ~d the ~ntraetor that the b~ ~~ ~~ of ~ ~d be ~d ~ ~eed ~d the ~or de~a~ h~ ~er ~ ~eh ~f ~ ~d ~ ~ ~t~ ~ ~e the ~k ~ ~ ~~ ~ ~eti~ of t~ ~~, *~r ~s~e ~atea that he ~ *~~d ~~ee of S~ ~aee stoa ~ the V~~ ~e l~ter ~a ~~~ ~ ~ed ~ ~le, ~er ~~ ~v~. A~ ~~ held as *~ ~e h~h~ for ~ate~ ~~i~ Ad~tiono ~~, ~onded ~ ~r ~er a~~ ~t of ~ate~ ~iea A~t~ ~ ~o~ the ~ ~d the Cle~ to a~ the ~t, ~J~ to reeet~ of d~lo~t c~et ~d &~lo~ b~d ~d ~ho~ the ~ ~d t~ Cle~ to si~ the ~l~nt co~ract u~ ap~ by the Atto~ 8o Bo ~~ held u to the b~oe of ~~e~ ~~iea p~sed ad&tion~ ~e wg ia ~to dmlop. ~e ~sg ~t ia robs i~ ad ~ ~se~ed to ~e C~c~. ~~ t~~ds ~ ~ be ~ed ~d p~s~t ~~y ~es ~ ~o~d to wbe~ ~aible to s~ ~~ ~ 16s 8= ~iti~ 'for ~r ~ ~ter for Nat~es ad~ti~ ~ n~ ~es~ed by J~ ~~. He ~d ~st~ ~ be ~ed ~ the ~ ~ ~d n~ ap~o ~e ~tter ~ h~d ~. 90 ~s~ssi~ ~ held u ~ the a~~ of' the ~giste~ ~d ~ey for ~ed Ad~s ~d ~~ ~ett, C~y ~ad 18, no~ of the ~a ~e ~d. ~tion ~, s~Jeet ~ de~ b~ce of ~ side of ~de~d~ce ~ the ~e ~d to ~titi~ for ~a~l ~et ~r~t. ~ti~ o~ed, lOo ~s~on held ~ ~ the mo~ ~ of the ho~e n~ loca~d at 5652 West Bro~o It is ~sed ~ ~ocate ~s house at ~ N~ Argue No~h, ~e ~tter ~ 'r ( held over ~t~ ~ ~C~ is p~s~, ., CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-35B Request: Request for Rezoning from B-l, (Limited Neighborhood Business) to B-2 (Retail Business) Zoning District, or Code Text Amendment or Conditional Use Permit to Allow Laundromat/Drycleaning Businesses with Processing Location: 7811/7821 62nd Avenue North PID No: 05-118-21-22-0120 Zoning: B-1 (Limited Neighborhood Business) Petitioner: Oliver Tam/Tam's Family Partner Report Date: December 3, 1993 Meeting Date: December 7, 1993 BACKGROUND 1. Petitioner is requesting rezoning of property from Bol, (Limited Neighborhood Business) Zoning District, to B-2, (Retail Business) Zoning District, or code text amendment or conditional use permit to allow for drycleaning/laundromat businesses (with processing), pursuant to Sections 4.10, 4.11, 4.20, 4.23, 4.30 and 4.31 of the New Hope Code. 2. This planning case was split into two parts at the November Planning Commission meeting, with the Commission recommending approval of "Part A" of the case to allow a graphics business as a professional office by conditional use permit in a B-1 Zoning District; and the Commission tabling "Part B" of the request to either rezone the property or approve a code text amendment to allow a drycleaning/laundromat business (with processing) at the site. 3. As you are aware, a laundromat is allowed as a permitted use in the B-1 Zoning District. Laundromat is defined as follows: "Self-service washing and drying, dry cleaning. Also dry cleaning pickup and laundry station, including incidental repair and assembly, but not including commercial processing on the site." This specific tenant wants to include commercial processing on the site along with his other operations, but the existing City Code does not allow that use. 4. The decision that needs to be made is whether to amend the code to allow the on-site processing either as a permitted or conditional use, to rezone the site to B-2, or deny the request. 5. The Codes and Standards Committee is currently studying the issue of expanding the types of permitted and conditional uses in the B-1 Zoning District, due to the limited number of uses now allowed, and will be reporting back to the Commission in January on this issue. However, the Commission will probably want to make a decision on this specific request at this meeting, as the City Code requires action on a request within 60 days of the application. 6. The Planning Consultant has prepared the enclosed updated report on this issue and will be present at the meeting to answer questions. 7. The November Planning Commission report which explains the details on this request is enclosed. Attachments: November 30th Planner's Report November Planning Commission Staff Report U R B A P L A N N G ' DES N ' MARK R S E A R C TO: Kirk McDonald FROM: Stuart Roberson DATE: 30 November 1993 RE: New Hope - Dry Cleaning Facilities FILE NO: 131.00 93.10 The City of New Hope has requested that NAC investigate the possible hazards that air and noise pollution generated by dry cleaning facilities may have on residentially zoned areas. The City has indicated that it is City of New Hope is interested in allowing this particular use within neighborhood commercially zoned districts. The following study should aid you with your decision. DRY CLEANING FACILITIES Introduction There are three types of dry cleaning facilities, dry to dry, transfer, and combination of dry to dry and transfer. The dry to dry is a one-machine dry cleaning operation, in which washing and drying occur within the same machine. The transfer machine system is a multiple machine dry cleaning operation, in which washing and drying are performed in different machines. For example, a washer and dryer, a washer and reclaimer, or a dry to dry machine and reclaimer(s). The dry to dry transfer system is a combination of both systems. 5775 Wayzata Blvd.. Suite 555. St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 Pollutan The only pollutant generated by a dry cleaning facility is an emission product known as percholorethylene (PCE), or commonly called "perc" It is considered one of the most hazardous air pollutants regulated under the Clean Air Act amendments of 1990, and is suspected of causing cancer. Its odor is familiar to most people, however, if handed properly, it rarely escapes its confinement. Federal law originally limited PCE emissions to 25 particles per million (ppm). However, regulations restrictions were lessen to allow 100 ppm. Minnesota State Law did not follow this change and maintain the stricter 25 ppm. It is difficult to measure ppm with regard to a dry cleaning facility, so the state measures PCE consumption. Dry cleaning consumption will vary depending on the type of facility and the size of its source. The following are the types of dry cleaning facilities, their size, and the amount of PCE and the limit of consumption (see Exhibits A-C). PCE CONSUMPTION CHART Small Large Facility Area Source Area Source Major Source Dry to Dry 140 gall. 150 - 2,100 2,100+ gall. PCE/yr. gall. PCE/yr. PCE/yr. Transfer Less than 200 - 1,800 1,800+ gall. 200 gall. gall. PCE/yr. PCE/yr. PCE/yr. Dry to Dry Less than 140 - 1,800 1,800 gall. and Transfer 140 gall. gall. PCE/yr. PCE/yr. PCE/yr PCE Control Devices Hazardous PCE emissions are controlled by two process vent control devices; the carbon absorber (CA) and the refrigerated condenser (RC) . The CA is a bed of activated carbon into which an air-PCE gas-vapor steam is routed and which absorbs the PCE on the carbon. These carbon absorbers are often called "sniffers" The RC is a recently developed vapor recovery system into which an air-PCE gas-vapor stream is routed and the PCE is condensed by cooling the gas-vapor stream. RC condensers are often called "chillers" All additional activities are called "fugitive controls" They are used to control emissions which could not reasonably be vented through a vent, stack, or functionally equivalent device. Such activities include the detection and repair, storage of-all PCE solvent product and waste in sealed containers, and the drainage of all cartridge filters in their housing, or other container, for a minimum 24 hours before removal. Safety Detection To ensure safety, there are two methods that are used to detect the levels of PCE, a colorimetric detector tube and thermometer. The colorimetric detector tube measures the PCE concentration in the exhaust of the CA. The thermometer will measure the temperature at the end of the cycle on the outlet side of the RC on the dry to dry machine, dryer or reclaimer. Safety Inspections Self inspections occur at the large area sources and the major sources on a weekly basis. Bi-weekly inspections are conducted at small area sources. Statistical documentation is kept for unscheduled official review. Any perceptible leaks detected shall be repaired in 24 hours If required monitoring detects values that do not meet the parameters set in the standard, adjustments or repairs shall be made to the dry cleaning system or control device to meet those valves. New Technology The latest technology involving PCE emission control is performed by a specialized carbon bed, sometimes known by the product name of "consorba". This device is used in conjunction with a process vent control device which reduces ppm levels to parts per billion (ppb), which are well within state law regulations. 3 Research A comparative investigation was conducted of several communities: Bloomington, Burnsville, New Hope, Minneapolis, and Wayzata. Four of the five allowed a dry cleaning facility as a permitted use within a neighborhood commercial, while Wayzata required a conditional use permit. Another investigation was made to determine whether or not'a square footage limitation was placed on this particular use. The City of Minneapolis restricted its size to 1,200 square feet. Further information provided by dry cleaning facility owners and chemical suppliers suggests that 1,200 square feet is sufficient to meet neighborhood market demand. NOISE POLLUTION Introduction The Minnesota Pollution Control Agency (MPCA) Air Quality Division Noise Pollution Control regulates noise pollution for dry cleaning facilities. Standards for allowable noise pollution is based on the noise area classification (NAC), A-weighted decibels or db(A), and the time of day. NAC is a classification based on the land use activity at the location of the receiver and determines the noise standards applicable to that land use activity unless an exemption is applied. NAC's are measured by db(A)'s. A db is a unit of sound pressure. An (A) is a unit of sound level that is weighted. The allowed db(A) is limited by day time and night time standards, and it is measured by L50 and L10. Day time is considered as 7:00 AM to 10:00 PM; and of course night time are the hours of 10:00 PM to 7:00 AM. The sound level is measured by L50 and L10. The "L" refers to the sound level and 50 represents 50% of an hour, or 30 minutes, and 10 represents 10 percent of an hour, or 6 minutes. The noise classification that we are most interested in is NAC 1, which includes household units. This particular classification is the most restrictive. The following are the standards for NAC 1 and its land use description; and included for comparative purposes are the standards and land use descriptions for NAC 2 and 3. 4 Noise Area Daytime db(A) Nighttime db(A) Classification LS0 L10 LS0 L10 1 60 65 50 55 2 65 70 65 70 3 75 80 75 80 Noise Area Classification 1 - Land Use Activitiem Household Units Medical/other health services (includes farmhouses) Religious activities Group quarters Cultural activities and Residential hotels nature exhibitions Mobile home parks or courts Entertainment assembly Transient lodging Camping and picnicking Other residential areas (designated) Motion picture production Resorts and group camps Correctional institutions Other cultural, entertainment, Educational services recreational activities Noise Area Classification 2 - Land Use Activities Rapid rail transit Amusement and parks Railroad terminals Automobile parking Airport and flying terminals Repair services Marine terminals Business services Public assembly Contract construction services Noise Area Classification 3 - Land Use Activities Food and kindred products Airport transportation Lumber and wood products Communication Chemical and allied products Utilities Stone, clay and glass products Race tracks Motor vehicle transportation Mining activities Ail measurements are made using a microphone which is protected from surrounding conditions which would prevent an accurate measurement. When federal and state laws were enacted, standards were created for every possible scenario imagined; including the worst case scenario, close proximity to residential areas. Those standards are based on the knowledge for the preservation of public health and welfare. They are consistent with respiratory, sleep, annoyance, speech and hearing conservation requirements. RECOMMI ATION The pollution and noise standards set forth by Federal and State Law has been specifically designed for the health and welfare for household units. Current technology has also contributed to reduce the emission and noise levels of a dry cleaning facility. Combined, they adequately protect the interest of residents in adjacent properties. Therefore, we recommend that the City allow the use of dry cleaning facilities within the B-1 Zoning District. However, the City must make a determination on whether to allow this particular operation as a permitted or conditional use. There are reasonable arguments for both considerations. The City could allow a dry cleaning facility within the B-1 District as a permitted use and rely on the existing MPCA and the City Code to regulate safety and design standards. Or the City could allow a dry cleaning facility as a conditional use. This would also be governed by the very same regulating bodies, however, it would also require a public hearing and site plan review. The first option offers simplicity and control, and the second option presents a time consuming effort with a great deal of control. Attached is a draft ordinance for your review and discussion. pc: Doug Sandstad Steve Sondrall ORDINANCE NO. AN ORDINANCE AMENDING SECTION 4.102 5) OF THE NEW HOPE ZONING ORDINANCE REGULATING CLEANING FACILITIES. THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4.102 (5) "Laundromat" is amended to read as follows: (5) Laundromat, Laundry and Dry Cleaning, provided the 9rocess used meets the requirements of the Minnesota Pollution Control Agency and the Pire Prevention Code. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. DATED this day of 1993. Edward J. Erickson, Mayor ATTEST: Valerie Leone, City Clerk (Published in the New Hope Golden Valley Post on the day of 1993.) EXHIBIT A - PERMITTED USE ORDINANCE NO. AN ORDINANCE AMENDING SECTION 4.104 OF THE NEW HOPE ZONING ORDINANCE REGULATING CLEANING FACILITIES. THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4.104 (5) of the New Hope Code is added to read as follows: (5) Laundry and Dry Cleaning. A laundry and dry cleaning establishment, provided that: (a) Compatibility with Surrounding Property. The architectural appearance and functional plan of the building and/or site shall not be so dissimilar to existing buildings or area as to cause impairment in property values or constitute a blighting influence. (b) Dry Cleaning Process. The dry cleaning process used meets the requirements of the Minnesota Pollution Control Agency and the Fire Prevention Code. (c) Noise. Noise shall not exceed the standards in the Noise Provisions of Chapter 9. (d) Buffers. When abutting an "R-i", "R-2", "R-3", or "R-4" District, a buffer area with screening and landscaping in compliance with Section 4.033 (3) shall be provided. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. DATED this day of 1993. Edward J. Erickson, Mayor ATTEST: Valerie Leone, City Clerk (Published in the New Hope Golden Valley Post on the day of 1993.) EXHIBIT B CONDITIONAL USE 4401 Xylon Avenue North Telephone: 612-531-5100 City Haft Fax: ~612-53 New Hope. Minnesota 55428-4898 TDD Line: 612-531-5109 Police Fax: ~,612.53 Public Works Fax: November 12, 1993 Mr. Oliver Tam 1160 Fireside Drive N.E. Fridley, MN 55432 Subject: REQUEST FOR REZONING FROM B-l, LIMITED NEIGHBORHOOD BUSINESS ZONING DISTRICT, TO B-2 RETAIL BUSINESS ZONING DISTRICT, OR CODE TEXT AMENDMENT OR CONDITIONAL USE PERMIT TO ALLOW GRAPHICS AND LAUNDROMAT/DRY CLEANING BUSINESS TO LOCATE AT 7801-7821 62ND AVENUE NORTH, PLANNING CASE 93-35 Dear Mr. Tam: As you are aware, the New Hope City Council split the above requested Planning Case application into two parts, with Part A representing the request for the graphics business and Part B representing the laundromat/drycleaning business. Please be advised that on November 8, 1993, the New Hope City Council approved the request for conditional use permit to allow a graphics business as a professional/commercial office at 7801-7821 62nd Avenue North, as submitted in Planning Case 93-35 (Part A), subject to conditions: A. Compliance with City ordinances regarding site maintenance and dumpster enclosure. B. Resurfacing/repair and striping of parking lot within one year C. Annual Review. The City Council tabled action on Part B of the request and referred the matter of a possible code text amendment to allow the laundromat/dry cleaning business (with processing) at the site as a permitted or conditional use to the Codes and Standards Committee for study. This committee, which is a sub-committee of the Planning Commission, will be meeting within the next month to discuss the issue and will also examine the larger issue of amending the City Code to possibly expand the number and type of permitted/conditional uses in the B-1 Zoning District. When their study is completed they will be bringing a recommendation back for consideration by the full Planning Commission, which will then be forwarded to the City Council. ' ' Family Styled City ~ For Family Living Mr. Oliver Tam . Page 2 November 12, 1993 I will contact you when the Codes and Standards Committee has completed their review of this matter and let you know when Part B of your request will again be considered by the Planning Commission. I would anticipate that it may be as early as the December 7th Planning Commission meeting. If you have questions, please call. Sincerely, Daniel J. Donahue City Manager Kirk McDonald Management Assistant/Community Development Coordinator cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Planning Case File 93-35 Property File (7801-7821 62nd Avenue North) CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-35 Request: Request for Rezoning from B-I, Limited Neighborhood Business Zoning District. to B-2, Retail Business Zoning District Location: 7811/7821 62nd Avenue North PID No: 05-118-21-22-0120 Zoning: B-1 (Limited Neighborhood Business) Petitioner: Oliver Tam/Tam's Family Partner Report Date: October 29, 1993 Meeting Date: November 3, 1993 BACKGROUND 1. Petitioner is requesting rezoning of property from B-l, (Limited Neighborhood Business) Zoning District, to B-2, (Retail Business) Zoning District, to allow for graphics/drycleaning/laundromat businesses, pursuant to Sections 4.10, 4.11, 4.20, 4.23.4.30 and 4.31 of the New Hope Code. 2. The petitioner owns the small multiple tenant commercial building at the southeast intersection of 62nd and Winnetka Avenues. The property is currently zoned B-1, Limited Neighborhood Business, which allows only 6 permitted uses and a limited number of conditional uses. The existing 4-bay building has two current tenants, a take-out pizza business and a hair salon, and two of the bays are vacant. The petitioner is requesting either a rezoning or an amendment to the permitted B-1 uses to allow two new businesses to locate at the site. One of the businesses is a graphics art business and the other is a drycleaning~aundromat business. 3. The petitioner states in his letter to the city that the spaces at the multiple tenant building have been vacant for some time and it is his opinion that the businesses would not be detrimental to the residential environment. He is requesting that the B-1 District uses either be expanded to allow the new tenants or that the zoning district status be upgraded from B-1 to B-2 to allow the uses. 4. The lot area of the parcel is 38,000 square feet and the multiple tenant building contains 6,900 square feet, or covers about 20% of the site. 5. The surrounding land uses and zoning includes R-l, Single Family Residential, to the north (Brooklyn Park) across 62nd Avenue; R-3, Medium Density Residential, townhouses across Sumter Avenue to the east; R-l, Single Family Residential, to the south; and R-1 across Winnetka Avenue to the west. Planning Case Report 93-35 October 29, 1993 Page 2 6. There is a detailed zoning/legal history on this property, per the enclosed memo from the Building Official. In 1954, this property along with every lot along 62nd Avenue North was zoned commercial. By 1960, this was corrected to leave only the extreme west and east properties on 62nd Avenue as commercial, excluding the site. In 1964, the District Court ruled in favor of the Compton-Murray Development Company, finding the 1959 New Hope Zoning Ordinance unreasonable as to the property. The City never felt that this lot, surrounded by residential uses, was an appropriate commercial site, but the Court ruled that it be zoned commercial. The present building was constructed in 1975. 7. The Comprehensive Plan stressed the concern about inadequate maintenance of commercial properties~ including this specific site. 8. The topography of the site is flat because a 9 foot hill was cut down (and retained along the south) to permit construction. A few small trees exist on the site. 9. Maintenance of the building, site and landscaping is a concern of the staff, which may be influenced by the lack of income generated by a partially filled building. With the owner restricted to only B-1 uses, he appears unable to fully lease the building and reluctant to invest in maintenance of the site. 10. The parking spaces on the site total about 40 and exceed code requirements. Existing truck access is poor. No changes are expected in traffic patterns except that an upzoning to B-2 or an expansion of the B-1 permitted uses would probably fill the building and result in additional car/truck traffic. 11. Property owners within 350' of the request have been notified and staff have received no comments on the request to date. ANALYSIS 1. The Planning Consultant has prepared a detailed analysis of this request and will be present at the Planning Commission meeting to discuss the pros and cons of the rezoning request so please refer to the attached report, as it is not staff s intent to repeat all of that information in this report. 2. The viewpoints and issues that do need to be considered include the following: A.) The input and comments, if any, received from neighboring property owners. B.) The intent off the uses permitted in, and the differences between the B-1 and B-2 Zoning Districts. C.) The two questions that are always asked in conjunction with a rezoning request: 1. ~ Planning Case 93-35 October 29, 1993 Page 3 Was a mistake made in the original zoning designation?, or 2.) Has the character of the area changed to warrant the rezoning? D.) If the site is rezoned to B-2 can it meet all of the performance standards for the Zoning · District. E.) Is this considered "spot rezoning"? 3. The options that are available in addressing this request are as follows: A. Deny the rezoning and do not consider the graphics business a professional office as allowed by conditional use permit or consider the processing of drycleaning a permitted use. This will result in the site continuing to be only half-filled with poor maintenance continuing. B. Deny the rezoning and maintain the site as a B-1 District, but allow one or both of the businesses to be located at the site under the existing definitions/interpretations of the code (the graphics business as a professional office CUP and the drycleaning laundromat as a permitted use). C. Deny the rezoning and maintain the site as a B-1 District, but expand the uses allowed in the district through a code text amendment. D. Approve the rezoning from B-1 to B-2 to allow not only these businesses to locate at the site, but expand the opportunities in the future for a greater variety of businesses to be located at the site. 4. The staff favors allowing these businesses, in some form, to locate at this site, whether that be accomplished through a code amendment expanding the uses allowed, through rezoning or simply through a broader interpretation of the definitions of what uses are and are not permitted. The City has taken action over the past several years to t~ and strengthen/maintain the industrial base of the City, through the reduction of the green requirement, and the single/multi-family housing units in the City, through code compliance and financial assistance policies. Staff feels that the same consideration needs to be given to retail centers so that they maintain their viability, so long as the changes do not detrimentally impact the surrounding neighborhoods. 5. Currently only 6 permitted uses and 4 conditional uses are allowed in the B-1 Zone, which severely limits the uses...but also eliminates nuisances. The B-2 Zone has 49 permitted uses and 12 conditional uses, so a rezoning of this property would significantly increase the potential uses from 10 to 61. Some of the differences between the uses allowed in each district include a greater likelihood of odors (drycleaners, etc.), traffic increases (restaurants, boat sales, etc. ): Planning Case 93-35 October 29, 1993 Page 4 including more truck traffic that may not be compatible with adjacent residential property. Thus, it is probably more prudent to consider minimally expanding the uses allowed in the B-1 Zone than to rezone to B-2. 6. The Building Official has suggested another alternative to consider: eliminating the B-1 Zone altogether and combining these sites with the B-2 Zone. There are only 3 properties zoned B- 1 in New Hope: the petitioner's site and the two Tom Thumb Stores located at 7980 36th Avenue and 2720 Winnetka Avenue. Therefore, any code amendment changes to the B-1 Zone, which was established in 1979, will basically only affect the petitioner's site because the other two are developed. The Building Official asks if there is a compelling reason to maintain such a unique zoning district, with no vacant land for future development. The two Tom Thumb stores would also be permitted in the B-2 and B-4 Zones. RECOMMENDATION The rezoning request is a policy decision that will need to be made by the Commission and Council based upon the issues outlined in these reports and upon input received from surrounding property owners. Staff could support the rezoning from B-1 to B-2, but is concerned about the numerous other non-compatible neighborhood uses that would be allowed. Staff finds that a better alternative would be to either minimally expand the uses to allow the two new businesses to locate at the site, or to allow the graphics business by CUP and allow the drycleaning/laundromat as a permitted use but deny processing at the site. Attachments: Planner's Report Zoning/Section/Topo Maps Building Official Attachments Petitioner's Letter Memo/Minutes re: Past (our) Action and Development Nor west ssoci Consul an s, lnc U R B P L A N N G D N M A R K E R $ E A R C ~ PLANNING REPORT TO: Kirk McDonald FROM: Elizabeth Stockman / Alan Brixius DATE: 27 October 1993 RE: New Hope - Oliver Tam Rezoning FILE: 131.01 - 93.35 EXECUTIVE SUMMARY BACKGROUND Mr. Oliver Tam of Tam's Family Partnership is requesting that his property located at 7811/7821 62nd Avenue North be rezoned from B- i, Limited Neighborhood Business to B-2, Retail Business. A small strip-type retail center exists on the site which has been partially vacant for some time. His reason for the request is to allow a broader range of businesses/permitted uses which will help to fill the vacant units. Specifically, Mr. Tam desires to accommodate a graphics business which prepares film for the printing process, but does not do any on-site printing. Additionally, he desires to accommodate a dry cleaning/laundromat business. Question has been raised as to whether the desired uses are allowed within the B-1 District and what implications rezoning of the site, if necessary, may have on the surrounding area. The following provides you with the history of the site and addresses these issues. In 1956, the Tam property and every lot along 62nd Avenue North on the northern border of New Hope was zoned commercial as shown in Exhibit C. By 1961, this was changed to leave only the extreme west and east properties as commercial, which excluded the subject parcel as shown in Exhibit D. In 1964, the District Court ruled in favor of the Campton-Murray Development Company, finding the 1959 5775 Wayzata Blvd.. Suite 555. St. Louis Park. MN 55416. (612) 595-9636. Fax. 595-9837 New Hope Zoning Ordinance unreasonable, arbitrary and capricious as to the applicants lot. The City has never felt that the parcel was suited to commercial development, but had to abide by the court's ruling. After a number of developers spoke to the City about building on the lot, the present building was constructed in 1975. Attached for reference: Exhibit A - Site Location Exhibit B - Site Photos Exhibit C - 1956 Zoning Map Exhibit D - 1961 Zoning Map Exhibit E - B-1 Permitted and Conditional Uses Exhibit F - B-2 Permitted and Conditional Uses Exhibit G - Comprehensive Plan Policies for Commercial Areas ISSUF_. ANALYSIS EXISTIN~ ZONING The B-1 zoning designation was established for the site at the time the strip-center was constructed. The purpose of the B-1 District is to provide for the establishment of local centers for convenient, limited office, and retail or service outlets which deal directly with the customer. Such centers are to provide goods and services only for the surrounding neighborhoods and are not intended to draw customers from the entire community. The permitted and conditional uses within this district are fairly limited and do not specifically provide for graphics businesses, although professional and commercial offices are allowed as conditional uses and may include graphics operations. Dry cleaning/laundromat operations are permitted provided they do not process the clothing on site (refer to Exhibit E). In consideration of the graphics business, the Zoning Ordinance does not contain a definition for professional and commercial offices, thus further study is needed to define such. In this regard, reference was made to The Illustrated Book of Development Definitions which states the following: Prof~iQnal Offices: The office of a member of a recognized profession maintained for the conduct of that profession. (The major question is what is a recognized profession? The granting of a license by the State or other organization is not in itself an indication of a recognized profession.) Commercial Use: An activity carried out for monetary gain. Office: A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government. In our opinion, based on the above definitions, a graphics business can be considered a commercial office. Therefore, if the only intent of the applicant is to fill the building vacancy with a graphics business, rezoning of the subject site is not necessary but would require that a Conditional Use Permit be obtained. Allowance of a dry cleaning/laundromat operation is also not a problem under the present B-1 zoning, provided processing of the clothing is not done on site. If, however, the intent is to provide increased opportunity and flexibility for future/changes in businesses on the site, two options may be further explored: 1) expansion of permitted or conditional B-1 uses, or 2) rezoning of the property must be considered. In either scenario, additional factors must be reviewed prior to making a decision on the matter. PROPOSED ZONING The B-2 zoning designation is intended to provide goods and services on a limited community market scale in areas which are well served by collector or arterial street facilities at the edge of residential districts. The B-2 District contains an extensive list of permitted and conditional uses which specifically includes copy and printing services, professional/commercial offices, as well as allowing on site processing in association with dry cleaning/laundromat operations (refer to Exhibit F). JUDGEMENT CRITERIA The City of New Hope considers rezoning decisions as policy matters that are warranted only via the following conditions: 1. Has the rezoning request resulted from a past zoning mistake? No; in review of the Comprehensive Plan, existing land use patterns, and past use of the subject property, it is apparent that the current B-1 zoning designation does not represent a past zoning mistake. 2. Has the character of the area changed to warrant consideration of a zoning change? The character of the area in which the subject property is located has not changed since initial development of the site and adjacent lands. The surrounding area remains predominantly single family residential, although multiple 3 family development and a church are located to the east and northeast of the property, respectively. History of this site has shown that problems filling all the vacancies in the building have been present from the onset. This raises questions as to the viability of the site as a commercial use. The City may consider expanding the permitted and/or conditional B-1 uses or rezoning the site to increase its economic development potential. In evaluating the preceding conditions, the City should also review the requested rezoning within the following parameters: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The 1975 Comprehensive Plan indicates the continued operation of a commercial facility in this location and includes specific policies and provisions which are intended to regulate such. In consideration of the requested rezoning, the City needs to make a determination as to whether the proposed zoning would comply with the established Comprehensive Plan policies (refer to Exhibit G). b. The proposed use is or will be compatible with present and future land uses of the area. The expanded types and number of uses allowed on the site under the B-2 zoning designation may not all be compatible with surrounding area land uses given the potential for increased traffic, more intense uses, etc. Given the amount of B-2 commercial development in other areas of the City, successful operation of B-2 land uses on the Tam site is questionable due to the relatively isolated property location. In consideration of rezoning requests, it is typically beneficial to examine the proposed use's compatibility with surrounding land uses. The following is a listing of land uses and zoning designations which are located adjacent to the subject site: Direction Land Use Zoninq North Single Family (City of Brooklyn Park Low Density Resid.) South~ Single Family R-I, Single Family Residential Residential Direction Land Use Zoning East Multiple Family R-3, Medium Density Resid. (6-plex) Residential Northeast Church (City of Brooklyn Park, unknown) West Single Family R-i, Single Family Residential Residential c. The proposed use conforms with all performance standards contained herein. The existing property and building conforms with the required performance standards overall, however, improvement to the fencing and screening along the east side and rear of the property and improved enclosure of the trash receptacle would be desired. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. It is unknown whether rezoning of the subject property would depreciate the building or surrounding area in any way, although physical improvements to the site may result in an upgrade of the facility from its current state. e. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The need for public services is not expected to change from the existing demand. f. Traffic generation by the proposed use is within capabilities of streets serving the property. The subject property is located at the intersection of a minor arterial (Winnetka) and a collector street (62nd Avenue) which were constructed at the proper size and capacity standards to accommodate the commercial traffic generated by the maximum of four businesses which could locate in the building. Upon rezoning, increases in traffic, if any, are expected to be minor and should not overburden the adjacent streets but may impact surrounding area residential uses. 5 RECOMMi NDATION The change in land use and zoning is a policy decision that is left to City Officials. In making this determination, the City must consider a number of factors on how the rezoning will affect the site and the City as a whole. Given the complexity of issues associated with the subject property and this request, three options are available which should be reviewed by the City. 1. Maintain the existing B-1 zoning which would allow for the establishment of a graphics business and dry cleaning/laundromat operation without on site processing. 2. Maintain the existing B-1 zoning, but consider amending the permitted and/or conditional uses to allow on site processing in association with a dry cleaner/laundromat or to allow additional land uses within the district. 3. Rezone the property to B-2 to provide for a full expansion in the number and variety of land uses. In our opinion, Option 1 or 2 would provide the City with the best means of maintaining land use compatibility in the area as well as providing the applicant with increased flexibility in the types of uses allowed within his building. Given the relatively isolated location of the site and the surrounding residential character of the area presents land use compatibility problems. The opportunity to expand the B-1 District to include additional uses allows the necessary study time to determine the impacts of possible changes, rather than immediately rezoning the property and opening it up to a variety of 40+ land uses. Justification for this recommendation can be seen in the lack of change in the surrounding area in past years which does not warrant consideration of a rezoning request. The character of the area has remained predominantly low density residential since initial construction more than 20 years ago and problems filling all vacancies on the B-1 site have also been present from the onset. Option 1 or 2 provides ample opportunity to accomplish the applicants goal of filling building vacancies without adversely affecting the surrounding area. 00 4. SUBJECT PROPERT~ I ...... ~ ~'"'<'~ ', ,,-- ~ -- ~ ..,,., ' EXHIBIT A LOOKING SOUTH FROM 62ND AVENUE LOOKING WEST FROM SUMTER AVENUE EXHIBIT B EAST SIDE OF BUILDING FRONT OF BUILDING LOOKING WEST REAR OF BUILDING FROM SUMTER AVENUE SIDE/REAR OF BUILDING FROM WINNETKA &.lO, &.101, &.102, 4.103 4.10 's-l' L~M~TSO .s~G.~.OOO susi~Ss':6~S~C? 4.101 Purpose. The purpose of the 'S-I' Limited Neighborhood Susiness D~sCrict is to provide for the establishment of local centers for convenient, limited office, retail or service outlets which deal directly w~th the customer from whom the goods or services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. 4.102 Permitted Uses~ B-1. The following are permitted uses in a Barber Shoos. (2) Be.a uty Shops. (3) Essential Services. (4) Convenience, Limited Merchandiser .Grocery Stores (not Supermarket Ty~e~. Laundromat. Self-service washing and drying, dry cleaning. Also dry cleaning pickup and laundry station, including inciden:al repair and assembly, but not including commercial processing on the site. (6) Mortuary. 4.103 Permitted Accessory Uses. B-1. The following are permitted accessory uses in a'"B'-Ia Ois~'tict: Floor S~ace Limited. Commercial or business buildings and s%ruc%ures for a use accessory to %he principal use, bu% such use shall not exceed thirty percent of ~he gros~ floor space of :he principal use. (2) Parking. Off-street parking as regulated by Section 4.036. (3) Off-St~ee: Loading. Off-street loading as regulated by Section 4.037 · (4) Signs. Signs in compliance with Chapter 3 Pinball Machines. Pinball machines as defined and licensed in Chap:er 8 are permi%ted as accessory uses in commercial establishments provided %ha~ %he n~ber of devices does not exceed six in those establishments whose principal business is the serving of food or beverage, or providing recreational or leisure time activities. Other commercial establishments, including employee lounges and private clubs, may have up to three machines. ~-59 07268& EXHIBIT E 4.xo4 CD - (4) Conditional Uses~ B-1. The following are conditional uses in a District: (requires a conditional use permit ~sed upon procedures set forth in and regulated by Section 4.20, and compliance with Screening): (11 Government and Utility ~uildin~s. Governmental and public utility buildings and structures necessary for the health, safety and general welfare of %he community provided that: (a) Comoatibili=¥ an~ Set-backs. Conformity with the surrounding neighborhoo~ is maintained and required setbacks and side yard requirements are me=. (b)Equipment Enclosed. Equipment is completely enclosed in permanent-type structure with no outside storage. (2) Professional and Commercial. All professional an4 commercial offices provided that: (a) Local Area. The services which are provided primarily are for the local area rather =hah the community or region. (b) Traffic. The traffic generated will not raise traffic volumes ~eyond the capacity of the surrounding streets. (c) A~earance. The architectural appearance of the building housing the office use shall reflect t~e building character of the area and shall not be so dissimilar as to cause influence within the neighborhood. (3) P~D~ Commercial. Commercial planned unit development as regulated by Sec=ion 4.19. (Code 072684) (4) Convenience Food Take-Out/Delivery Establishment. A convenience food ~ake- out/delivery establishment provided that: (a) Comparability with Surroundinq Property. The architectural appearance and func=ional plan of the building and/or site shall not ~e so dissimilar to existing buildings or area as to cause impairment in property values or constitute a blighting influence. (b) O~eration ~imited. The establishment must bi exclusively used as a take-out and delivery facility for over the counter fOO(! sales as define4 ia section 4.022(30) of this Code. On-premises consumption of fO04 in any form or manne~ shall be prohibited. (c)Street Access. The establishment must have access to s collector a~terial street. (d) Parkin~ Requirement. The establishment must have sufficient parking spaces to comply with the requirements of section 4.036(10)(p) of this Co(la, but not less than six spaces. The parking facilities must also comply with &l~ other off-street ~arking requirements required by section 4.036 of this Co~e. (e) Sanitation Requirement. All foo~ preparation, packaging, sale sad delivery shalk be su~jec% to regulation and approval by the City Sanitarian. The Sanitarian shall provide specific written sanitary requirements for such establishments pursuant to applicable state and county regulations. minimize the effect of nuisance factors such as traf£ic, noise end glare. (Ord. 86-131 4.11, 4.111, 4.112, 4.~14 (1) - 4.11 "B-~" RETAIL 8USINESS DISTRICT 4.111 Purpose. The purpose of the "8-2' Retail Business District is to provide for low intensity, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a limited community market scale and located in areas whic~ are well served by collector or arterial street facilities at the edge of residential districts. 4.112 Permitted Uses, ~-~. The following are permitted uses in a "~-2" District: (1) Less Intensive Use District. All permitted uses as allowed in the "~-1" Limited NeighbOrhOOd Business District. (2) Cteaninq. Laundry and dry cleaning provided the process used meets the requirements of the Fire Prevention Code for use in buildings w~t~ other occupancies. (3) Food. Grocery stores and supermarkets providing the use does not exceed 21,500 square feet of floor space. (Code 072584) (4) Limited 8-4 u~e$. All "B-4" uses that are not marked with an asterisk(=). (Code 072584, Ord. NO. 92-13) 4.113 Permitted Accessory Uses, ~-~. The following are permitted accessory uses in a "8-2' District: (1) ~ess Intensive Use District. All permitted accessory uses as allowed a "B-1" District. (2) Drive-Up, Financial. One lane drive-up service windows for federal and state regulated financial institutions, providing the facility ~s approved as part of the original construction approval of the building. If a service window is to be added to an existing building, or if more than one lane is to be provided, a conditional use permit procedure shall be used and the facility must be found to meet the criteria of Section 4.201 and the Council shall apply such conditions as it deems necessary to reasonably control traffic, noise and other nuisance characteristics. 4.114 Conditional U~e$, B-2. The following are conditional uses in s "8-2" District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 4.20, and compliance with 4.035, Off-Street Perking and 4.037, Off-Street Loading; Chapter 3, Signing) (1) Less Intensiv9 Uqq Oi$~ri~%. All conditional uses, subject to the same conditions as allowed in the "8-1" District. (2) Multiple Family. Multiple family buildings provided that: ia) Compatible. Development is compatible with existing and planned use of the area and conflicts are not created between commercial and residential use and activities. 4-61 EXHIBIT F (b) Set-backs. The tot, set-back and building requirements outlined in Sections 4.032, 4.033, 4.034, and 4.035 are complied with. (c) Open Space. At least five hundred square feet of useable open space as defined in Section 4.022 is provided for earn dwelling unit. Street Access. The development is adequately served Dy a collector or arterial street. (3) PUD Commercial. Commercial planned unit development ss regulated ~y Section 4.19. (4) Commercial Enter9rises. Various commercial enterprises as follows: (al BanKs. Savings and loans, credit unions, banks and other financial Institutions. (b) Electrical Aggliance Stores. Including incidental repair and assempl¥ but not fabricating or manufacturing. (c) Fabric Stores. (d) Qff-Sale Liauor. (el Qff~% Prin~inq and Coov Service. (f) Restaurants. (gl Camera and PhOtOqraohiC Supplies. (h) Book Stores. (i) Medical . (Code 072584) (j) §Arden Novelty Stores. With outdoor storage/sale areas subject to the following conditions: (i) Outdoor s~orage/sales area(s) shall not exceed one hundred twenty-five (125) percent of the gross floor area of the building. (ii) Outdoor s~orage/sales area(s) may be allowed in a front yard if a ten (10) foot setback from public rights-of-way is provided, required fencing across front yards shall be at least seventy-five (75) percent open for passage of air and light, and said fencing does not exceed seven (7) feet in height. ~-62 072684 4.114 (4)(j)(iii) - (~) (~i~) Outdoor storage/saTes area(s) s~a11 be fenced around periphery and must be screened from residential zoning districts. The design and materials used in constructing required fencing/screening shall 'be subject to City Council approval and constructed of premium quality materials such ss masonry, brick, quality wood(s) and/or metal(s), not incluOing wira we&vd/chain link, barb wire, or scrap met&l m&tarials. (iv) Outdoor storage/sales area(s) mus% ~e surfaced with concrete, bituminous, or similar m&terial to control ~ust and to provide a c~ean, attractive and usaOle surface. (v) Outdoo~ storage/sales area(s) do no~ take up parking space necessary to meet the reauirementS of this Co~e. (vi) All lighting shall be hooded and so directed that the Tight source shall not be visible From ~e PuDlic right-of-way or From neighboring residences and shall be in compliance Section ~.033 (5) of this Code. (Ord. (k) Criteria For (8) Throuqh (j): USes (a) through (j) ~receding mus~ (i) Size o~ Opera%iO,n. The scale of operation is n keeping the stated intent of District (see Section a. 11). (ii) ?raffi~ Volume. Traffic volumes and circulation creates minimum of conflict and shall be approved Dy the review of the City ~ngineer and the City Council, 4-6Z A 07268~ 4.13 "B-4" COMMUNITY BUSINESS DISTRICT 4.131 Purpose. The purpose of the "B-4" Community Business District is to provide for the establishment of come, atrial and service activities which draw from and serve customers from the entire community or sub- region. 4.132 Permitted Uses, B-4. The following are permitted uses in a District: (11 Less Intensive Use Districts. All permit%ed uses in 'B-l" and 2" (2} Antique Shops (3) Art/School Suoclies, Book, Office Suoc!ies, Stationery Stores (4) Bicycle Sales/Reoa~r (5) Candy, Ice Cream, Ice Mi!k, Pcccorn, Nuts, Frozen Desserts, Packaged Snacks, Soft Drinks (6) Car~et, augs and Tile and Other Floor Coverings (7) Coin and Philatelic Stores (8) Commercial and Professional Offices (9) Cppy and Printlng Service . (10) Costume and Clothes Rental (11) Office gqui:ment · (12) Enclosed Boa= and Marine Sales · (.13) Dry Clean,nE !ncludin~ Plan= Accessory heretofore, Pressin~ an8 Repa~rin~ 14 Dru~ Store 15 Employment Agencies 16 F!oris= Shoo 17 Furniture Stores ' 1918 GardenFUrriers when Conducted only for Retail Tra~e, on PremiseSNovei~ Stores 20 Gif~ or Novelty Stores 21 Hobby Store 22 Insurance Sales 23 Locksmith 24 Meat Marker but Not Includin~ Locker Storage 25 Paint and Walloaoer 26 Plumbing, Television, adio, ~lectrical Sales and Such Repair · 27 Theaters, no= Outdoof , ~ve-In Type 28 Toy S~ores · 29 Cusuom Manufacturing and Reoair 30 Tailor Shops 31 Jewelry Shoos and Other Similar Uses (32 Travel Bureaus, Transoorta~ion, Ticket Offices (33 Variety Stores, 5/!0 Can= Stores, S%ores of Similar Nature (34 Wearing Apparel (35 Banks, Savings/Loans, Credit Unions, Other Financial Ins=itutions · (36 Public Gara~e/Parkin~ Ramp (37 Record Shoo (38 Rea[ ~state Sales (39 Buildin~ Material Sales of Retail Nature in Totally Enclosed (40) Fabric Stores (41) Camera/Pho~ogra~hic Supplies (42) Restaurant (43) Off-Sale Liquor Stores (44) Medical_ (45) Sl~orting Goods Stores (46) Pet Shops (47) Hardware Stores 4.133 Permitted Accessory Uses, B-4. The following are permitted accessory uses in a "B-4" Ois=ri¢~: (1) Less Intensive Use District. All permitted accessory uses in a "8-3" District. 4-70 072684 I COMMERCIAL GOALS I · Provide safe, convenient, and attractive, and accessible commercial development within New Hope. I · Promote and maintain balanced commercial activity that is viable and responsive to the needs of the community and surrounding market area. I · Establish a commercial, service Focal point For the community. COMMERCIAL POLICIES General 1. Develop commercial and service centers as cohesive, highly inter- related units with adequate off-street parking. 2. Ensure that service and commercial uses are adequately and appropriately landscaped according to community requirements as may be amende~l. 3. Ensure that all service and commercial uses are adequately screened or buffered From any adjacent residential development. 4. Strongly discourage any Further spot or uncoOrdinated linear commercial development in Favor oFa unified development pattern· 5.When opportunities arise, consolidate existln,cl spot and uncoordinated linear commercial development into more t:unctional patterns· 6. Ensure that development of any scattered open parcels along' existing commercial strips is accomplished in a Fashion which helps to establish mOre functional development patterns (For example, utilizln,q shared access and parking, etc.). 7. Enact and unifOrmly enforce a commercial/industrial maintenance code to help ensure that commercial and industrial structures represent community attributes on an on-going basis. 8 Promote joint utilization of parking and other relate~ supportive services in service and commercial districts. 9. Provide For safe and convenient pedestrian movement within service and commercial districts. 10. When possible or when opportunities arise, provide For major street access to service and commercial districts at the periphery Of the districts. EXHIBIT G 11. Restrict commercial development at street intersections. Develop- ment of one quadrant does not. indicate or dictate commercial use of the remaining quadrants. Office 1. Concentrate major regional multi-tenant office development in areas which provide good access and visibility from major roadways. 2. Encourage major regional multi-tenant office development to locate within existing industrial parks, when such development is complementary to existing industrial uses. City Center 1. Establish the 42nd and Winnetka commercial center as the primary retail and service focal point of the community and promote and facilitate through direct public involvement further complementary development in this area. This "City Center" is intended to encompass major retail, service, cultural, entertainment and governmental uses, as well as higher density housing on the periphery. 2. Establish a cohesive, integrated image for the City Center. 3. Where feasiblet provide better connections between existing, un- coordinated elements of the City Center. Climate-controlled connections shall be considered the most desirable type of connection. 4. Relate and [ntegrate new development within the City Center to all adjacent development. 5. Establish a pedestrian clrculat~on system for the City Center, which ties the retail/service activities with the governmental Functions, including the public open space. 6. Limit access to the City Center to a few well defined points a sufficient distance From controlled street intersections to minimize conflicts between center-oriented traffic and through traffic. Neighborhood Convenience Centers 1. Provide limited convenience type service and commercial centers within easy immediate access of residential neighborhoods. 2. Ensure that neighborhood convenience centers are provided with convenient accessibility for both motorists and pedestrians. 16 I 3. Allow the development of additional neighborhood convenience centers only when there is clear and demonstrable evidence indicating I a need For the proposed For the Th~s uses center. evidence shall include, among other related considerations, the delineation of the retail support area and its population, purchasing power of the retail I support area by type goods as as proportion which could of well the be reasonably expected to be captured by the uses proposed, location of competitive Facilities, and anticipated dollar volume per square Foot of retail Floor area. 4. Locate neighborhood convenience centers along minor arterial or ma[or i col lector streets. Although remaining housing in DJstr[ct 2 has For the most part been well maintained, the Housing Profile identified a number of homes valued under $25,000. Th[s also determined in the profile area as that homes currently valued under thJs ceiling may be subject to potential deterloratJon. Though the concentration of these lower valued homes was not to warrant sufficient individual detailed problem assessment, their existence suggests a potential need For preventative maintenance, as discussed under the Land Use Framework. DISTRICT 3 Although h~gher intensity uses are found along the northern and eastern borders of the district, the most predominant land use within District 3 is single Family homes. Average home values in the western half of the district range between $30,000 and $35,000, while the majority of those in the eastern half are valued between $25,000 and $30,000. There is presently no park or Facility located within open space District 3. However, residents do enjoy access to a nearby neighbor- hood park playground in Crystal. Street patterns together with well traffic control devices help a pedestrian orientation and placed ensure character for the neighborhood. residential in District 3 include the Hidden The higher intensity uses Park Apartments located near the eastern edge of the district and 3 mid density developments located along 62nd Avenue, providing a transition between apartment development Brooklyn the in Park and the district's single Family homes. H~gher intensity non-residential uses consist of a small convenience commercial center located in the northwestern corner of the distr~ct and a vacant service station located in the northeastern corner. A number of issues confront this district. Perhaps the major issue proper maintenance of the residential environment. In this regard, the Housing Profile indicated that the Four, six and seven-plex rental units which lle on the northern border are in need of a number of minor repairs, with deficiencies in site planning and maintenance contributing to environmental deterioration. The City's existing licensing regulations For rental units will be used to help ensure that any continuing deterioration among these units is checked and that all necessary repairs are made. With respect to single Family homes, the Housing Profile also made a detailed problem assessment of the isolated row of lower valued homes located along the southeastern border of the district. While these homes are all valued below $25,000, with one exception, they remain in good physical and environmental condition. In view of the isolation Factor, this area will be monitored to ensure that proper preventative maintenance is being undertaken and to ensure the maintenance of screening and landscaping of adiacent apartment development. Another issue, which also relates to the preservation of a quality residential environment, is the district's border with Crystal. In that this border occurs at mid-block, homes along both sides are and will continue to be affected by the physical and environmental conditions of the opposite side. It is therefore necessary that bath communities be especially aware of preventative maintenance levels in this as well as similar areas and that proper maintenance code enforcement measures be taken where necessary. Maintenance of commercial properties is yet another issue facing District 3. Although the convenience center at 62nd and W~nnetka exhibits good site planning and design, existing screening has not been well maintained and therefore is not Fulfilling its intended FuncHon of protecting the abutting residential neighborhood. A more serious problem exists at the vacant service station at 62nd and West Broadway, where overall site maintenance as well as screening have been neglected. In both instances, non-residential maintenance code compliance will be required to more properly control and limit their impact on adjoining residences. In addition, the City will promote reuse of the service station at a scale compatible with the adjacent neighborhood, to better insure proper maintenance of the property. A Final concern within District 3 is the lack of park Facilities. Since the district is totally developed, the only viable option rests with the develop- ment of the two city-owned 10ts south of 60th and Quebec. However, it is suggested that improvements be minimal, thereby allowing the site to continue to Function as a pondlng area when necessary. DISTRICT 4 ~,~-N~ ~,~-. ~._ Land use within District 4 is dominated by the Broadway Village Apart- Remaining uses include older s~ngle family homes concentrated along the district's northern and eastern borders, several rental townhouse units and convenience commercial and limited industrial use along West ~ Broadway. The convenience commercial center adjacent to the apart- ment complex is well located to serve the apartment residents as well as surrounding neighborhoods. I/2 AVE. N · 5~ TH AVE: N, ~ VILLAGE GREEN GOLF COURSE H AVE ST. THERESA ' X 876 876.6 877,7 61 S T AVE. ;I ST AVE AVE. L, IN D~ NURSING n~n n~n n~n~n' M iciNl ~ , ,-', i ,WI. NiP. ARK,[~RIv'E . Oliver Tam Tams, Inc. 1160 FireSide Drive, NE Minneapolis, MN 55432 September 28, 1993 Planning Commission and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: 7821 62nd Ave. North, New Hope, MN Dear Council Members & Planning Commission Members: Property to be considered by this application - 7821 62nd Avenue North, New Hope, MN. The property, which I own at the above address has been vacant for some time. It was most recently occupied by a laundromat business. I now have a potential tenant who would like to rent this space for a graphics business. Their business is involved in prepress, preparing film for printing presses. The professional term for their service is "Stripping and Film Assembly." The equipment necessary to provide these services would include a camera, computerized scanner, film processing machine, and other miscellaneous graphics-type equipment. This firm will not house any printing presses in this space. It is my opinion that this business would not be detrimental to the residential environment. It is my request that you would expand the B-1 Zoning on this property to include a tenant as I described in the graphics business. If it is possible for the City to provide the necessary clearance my tenant is prepared to move into this space November 1, 1993. Thank you for your help. $incerely, Oliver Tam OT/slg TO: KIRK McDONALD ~ FROM: DOUGLAS SANDSTAD DATE: OCTOBER 15, 1993 SUBJECT: 7801-7841 62nd AVENUE NORTM COMMERCIAL BUILDING HISTORY I have attached a capsule summary of the zoning historv for vou on this property, as requested. Mv memory was correct I In 1954, the property and every lot along 62nd Avenue North on our north border was zoned "Commercial". By 1960, this was corrected to leave only the extreme west and east properties as Commercial, excludin~ this site. [See exhibit "56" & "61"-Zoning maps] In 1964, the District Court ruled in favor of the Campton-Murray Development Co., finding the New Hope 1959 zoning ordinance unreasonable, arbitrary and capricious, as to this lot. The citv has never felt that this lot, surrounded by residential uses, is an appropriate commercial site, but the court has spoken. Staff believe that the current property owner is having financial trouble, related to a difficulty in fully leasin~ the building, which in some degree results from the bad location on two local streets. Prior owners, also, had problems filling the building. A number of developers spoke to the city about building on this lot, and eventuallv, William Olson built the present facility in 1975. A copy of the 1991 topo map of the lot, illustrates the site layout with drives on two streets, including a steep and miserable truck lane at the rear (south). The City Manager's reports in April and June, 1973 on Plan Case 73-14 are good summaries of the basic issues. My detailed Plan Case Report 93-35, is being drafted, to follow in about I0 days. cc: A1 Brixius, NAC file enclosures (many) 2~7 , LAG O.F-... NEW : ZONINO -MAP I CC,*J~T~' I~¢ ,~, NC'". ~l J L Vl~&e of Nov Hope, He=ne2~ Jan-~y 7~ fO~ %r~1%afore ~he Co~ on %he 29~h ~a? of Y~ A. D. ~63; ~na thc C~t, N~ ~s~n~ ~o =a~4 Order an~ on mo%ion of Messrs. ~ an~ ~, of the rl~to of ~ p~in21ff ~der %hc Fo~oenth A~en~en~ ~ t~ Co=~i:u~ion of ~ U~ ~s, ~ ~e eq~l ~ro~c%i~ c~e ~ ~e Con~i=u=Ion of C~1 ~ce~ au~ori=ed by the ~ninc Ordl~nce of 19~ ~n~ aG Ordlr~nce Planning Case No. 73-14 (Approval of Develop~nt - William Olson - SE Corner ',~innetka an~ 62nd). Commissioner Meyer moved, second by Ohman, to taDle Planning Case No. 73-14 until later in the meeting as the petitioner was not present at this time. Motion carried on voice vote. Planning Case No. 73-14 (Approval o~ Development - William Olson - SE Corner Winnetka and 62n~). Commissioner Cameron stated that he objected to the petitioners coming in late and made a motion that the Commission proceed with the meeting, Second by Fulton. Motion carrie~ on voice vote. ! ~~~'~d Mr~-=,Tom Stahl, t~arch~tect~were present~'~ tO~preseh-t~,this.~-a~e ~- :~ ~-.- :-~- ~...~ .... ~._.~:~.~. ~~~ tate~ha~i nce~e~last"~t i ng~hey have stte~lah,-:'~l an~ds~'~in~',::'~t~6~db~tion ~6f-~the ~ervice drive'_~?&t;"~~JJ .- ; -.-; ............ . ................. . ............ ~:- .~ : · . ,FL~ '.'~ ~ =.'~ S~t~st~ cs- rema~ ~ :general ly ~the--same.-'.~J~ ~"--'~ ';<~ . .-~'~ .. ~. _ ..... . --. !.~..~ ......... ~ :~ .......... x ............... . .... ........ ~.,- . ~.. _ ~!nter].or s pa.ce ~ s~subdl v.! ded .~ nt~hree. 1 ease s paces ....The -south eleVation~of'the'bOilding facing the residential property is"windowle's~' ~ are the east.and'west 61evations. -~he only wi~do~s'which occur on" ~e buildin~ are'on the north elevatidn by the entrances..-..'" '-.-..,C .- .. -.~, .~- .~.. ~.~ ~ ~ '":'"~,'~'~' ,. Landscaping and.screening'was discusse'~. · .... -~.... - - The screening ,fence' sooth '. of~.~he bui ~din~ ~ou ~d "~un 'fro~:'S ~fee'~E~:~.~'''' )f.t F.Sing~baSically.heav~'.-w66d 6dnstruction'of the lattas '~y~e so"~j:~'.~'~.~' .that it~is'prett~'much s6c~re. ' . ~neral..discuss!on held pn the proposed serwce dr~ve. , '--'. .... _ . . ~& ~' , - . . ~ ~-'w6,i'~-'~'the trash'~be h~nd~ed ,as'directed to ~lr. Stah~ and MrY'~'6a~l replied~t~at.. Ehey. had an< area~ where they could have a closed r_f~ ...... ,,~ '~-~'~'~. contai~e~j, aS ~hown.on'the'~'~i~e-Plan. :..:... . ', ...... ~e.l~ght~.ng'around-the building ~s .primarily on the bdildin'~j ,.;~Be6~se of'the overhandjthe l~ghtjcan be directed down so as to light the 'front. Basically.;,~heFe';'is.n~ other lighting provided except what is 'on th~, building.~;'. .. ~'-.?,~.~' .~_ . '.~ . ..'. . ~ . . .....~...?.-~ ~ . .- . · _'.-.j. .... ...-~..~, .~...' ~:.'... ~.-.~. .. . . -.... Co~issioner Oswald asked what the side material of th~ building would be..MrJ ~ahl replied'that it would be the same bric~ all around. ~issi6n~rF OsWald "stated .that 'the~ ro6f. 1 ine indicat~'a ~anel ing" ,,,~ Mr.--.Stahl sa~d,.~hat 'the panel material, was v~nyl, clad metal, a~';had' ' ' ' ' ' '~' " been use~ basically)to ~place copper..'.':. -'. '~' . ~' ~..'~... ~ss~oner.;Herman."ques~oned' e servic~ drive'. He ask'ed Mr'.'~'Stahl if it was"a~two way drive 'and Mr. Stahl replied tha~ i~'twas 16 feet' '-~ wide an~ there was. a 'curbing which limited the drivewaySto approxima~el~ '1~ fee~..~.s_b~sicall~he_~i~h'of_a_one way drive:~: ' ..~ Commissioner Herman asked wheWe they would store the snow, he felt that it would create potential problems. In reply it was pointed out that the snow ~,'ould proLa, bly need to be hauled a~.~ay.' Mr. Brochure, 62~1 ~,/innetka ~venue North, euestioned the need for a convenience center, t!e felt that be~',;een Crystal, Sew Hope, and Brooklyn Park we had the r~ost convenient area in, t~e Sta~es. There were ~ajor shopping centers and fine convenient scores ccen fro,~ earl,/ ~orning ~o 1 ~ ~ a~ a night, ~.,'ith a wide variety of products including meats in the area. Mr, Brochure then said that he had watched the gre~.,,th of his area for ~,any years and it has been a healthy ,gre;.,'th but he nad .~o exception to a ":,- ~ _ no~n,_. Supere~le in as ~'dcn as the nei~.nbors li¥ir~ within eight cr ten blocks already ~aYe a wide choice. They can gm to chain s~ores, independent n'erci'~ants, etc, and car, buy eccncmlcal products and just about anything they ~.,ant at any ti~e of the may or night. Mr. Brochure said that snow re~oval was a problem also in that area and he was basically opposed ~o having cne-third of the buiiCir, c used for a SuDere~te. He s~a~d tha~ to the best of his there is no food van deliYering to stores; larger trucks are used. The major warehouses in the ..-etropoiitan area N'~ould never, uncer any circumstances, deliver prod~Jcts to a Superette in a van. Snow removal for a Superette must be done in the early hours of the morning. They should have the lot bladed by 9'00 a.m. so, therefore, unless there were snow removal trucks chat had noise suDpressers, there would be an awful lot ef noise ant there's only one ~,~'ay' cc get the snow removed and tha~ is to bla~e it, pick it up, put i~ in a truck, and take it out. Another m~jor problem that bothered I, ir. Brochure was the traffic problem on 62nd and ~'innetka. He said that on the corner of 62nd and Winnetka there N.:as a bus stop and he felt they did not need any more traffic on this corner and he was bit~_rly'= opposed to more traffic. Mr. John Burke, 6133 Sumter Avenue, asked how far the fence ¥.'c~id be from his garage. I,~r. Stahl sta~ed that he was not certain how far ~ir. Burkes lot line was so at presen~ he could not answer ~nis. Mr. Burke then questioned tt~.e drainage, l,~ould it be draining unto ~is property? Mr. Stahl assured l.:r. Burke ~haC there would be no drainag~ unto his property. Mr. Burke said that whenever th.ere is a Superette there is also a lot of paper laying around and he was opposed to this. Mrs. Mavis Jolberg, 6209 Winnetka asked if Mr. Olson was going to permanently own this property or if he planned to sell it. Mr. Olson replied that he was planning to own it permanently. Mrs. Jolberg then asked ~r. Olson if the laundry mat and Su~erette he planned on 2~JCting in would be open on Sunday. The reply was that it ~vouid be o~en Sundays. To this I,!rs. Jolberg stated that the First LutKeran Church of Crystal was located on 62nd and Su~ter and they have four church services there every Sunday and this ~..ouId be a catch for all t~e children going to SL~nday school. She was also opposed to the traffic situation as she has seen many accidents in the area. Mrs. Jolberg went cn to state that the windows were facing 62nd which means they will look toward the Brooklyn Park side. She said that there were so~e neighbors who lived right across from there with two little children ano s~e could not see alt the windcws, lights, and traffic coming towards those children. Pastor Dahlon, 61st and l~innetka stated that he was new to this area and did not know much about its histcry but would like to concur, with some of the co~ents mainly with relation to the church. There were appreximately i,000 children in the Sunday school and this was a pretty busy area. He was wondering ~hat the affect would be on the traffic 'in this area and in relation to the movement of the children back and forth. One basic concern was that, at the most, it was only about six blocks up to Highway 94 and only two blocks to West Broadway where there is a Superette. If you go south on Winnetka from Bass Lake Road to all the way down to 42nd you won't find one grocery store in that whole area. There are other business facilities but no grocery stores. Mr. Glen Haffa, 6132 Winnetka, stated that he lived next to this property and his feelings were pretty much the same as the rest. He felt it should be residential. Commissioner Fulton moved, second by Commissioner Oswald, to recommend approval of Planning Case 73-14 with the variance as required for the sign and the additional lighting if added would not exceed 8 feet in height. Motion carried on voice vote. . t DATE: June 5, 1973 f' CAS E: 73-14 APPLICanT: William Olson REQUEST: Approval of Site and Building Plans LOCATIOH: SE Corner of 62nd and Winnetka STAFF FINDINGS ~'~D CO~.~IENTS: 1. A preliminary plan was approved for the Olson property at the SE corner of 62nd and Winnetka last month. The final proposal is now before you. The citizens in ti;e area have been notified of the presentation. The Design Review Committee is just being organized and will not have an oppor~uni*w to review t.qe project. 2. The chances suggested by you at the earlier meeting - change to one drive on 6£nd and one on Winnetka have been incor$orateo. 3. The specifics on the proposal include: a). Area of site 38,125 square feet b). Structure 6,936 square feet c). Parking - (i) 49 spaces (52 potential) (ii) 1 space per 141.6 square feet d). Lot coverage: (1) 18S structure (ii) 27S landscape (iii) 55~ paved 4. There are some problems with the proposal - generally that of short turning radius. The marking staffs are generally 20 feet dee~, with 27 feet of maneuvering area between rows in front, a I6 feot service drive behind the building - only 20 feet of back up space on the east side of the building. 5. The building does have 3 proposed store spaces as discussed earlier - the building itself is quite attractive and a rather detailed and well designed fencing, landscaping plan has been submitted. 6. Signing proposed at this time is a three part sign - 13 feet high by 17 feet long - at the NW corner - set back 6 feet from 62nd - 10 feet are required - might be able to pull it back the additional 4 feet and 23 feet from Winnetka. 7. The basic problem is the same as before - legal order vs the Village needs - I still feel the development is too big for the site - but what choice do we have? 8. There is also the question of sidewalk on 62nd Avenue. None is pro- posed and we prefer that it not be installed because of the un- certainty of grades and improvement of 62nd. ~lat- ~arcel- 14orlon by Councl linen J~n~n, ~c~d by ~uncl I~n Enck, ?o take Plannlnq ~ ~. 7}-14 9fl t~ table.. V~lng In favor: Erickson, Enck, Hokr, Johnson, Plufka. Votl ng ~ains?: None. ~tion carried. ~nin~ ~se No. 7]-14. request from Hr. William Olin for approval site plan ~ncep? for a 7,~0 square f~? convenien~ center for ?he p~e~ a? ?he ~u~h si~ of 62nd Aven~ bet~en ~inne?ka Avenue and S~er Avenue, was discussed. ~ssrs. ~l II i~ OIs~ and Th~as H. S?ahl, archi?ec~ ~ere present ?o discuss ?he p~sed site plan. The Vi llege'~na~ advised ?ha? ~he Planning ~ l ss i on -had ~co~nded appmval of site plan ~ncep? contingent upon presentation of a revised ~?ail plan ?ha? ~uld inclu~ an opening onto ~inne?ka Aven~ and elimination of one of ?he 62nd Avenue ~enings. N~. S?ahl said ?he site was .88 acre, with a 7,000 square f~? or 18~ structural coverage of ?he site. Proposed parking is ?o be provided for 5~ cars. M~. S?ahl said that *he Planning ~ission had tentatively agreed *hem ~uld be an entrance from ~inne?ka Avenue. The chan~ in plan ~as *he ~sul? of ~quim~nts of the pri~ lessee. ~ Vi I I~e ~nager advised ?ha? the Planning ~ission had agreed ~ ~s s~ I~ic ?o having an entrance off ~innetka Avenue but the et~i~g ~Isslon specifically ~anted ?o see the layou~ for the revi~d ~l~ay plans. Mr. S?ahl said ?he driveway off 62nd Avenue could be ~n~ered on ~e site. ~ said ?he driveway on ~inne?ka c~ld be held back approxi~tely 97 fee? ?o the cen?erl ine of *he drive and ?he driveway could ~ cut d~n ?o 22 Nr. S?ahl said ?ha? the fencing along the southerly line should be a mini- m~ of six f~t, opaque in nature, ~i?h the type no? ~cided ~ Dlscussi~ held as ?o ~ssibill?y of ~ving ?he fence in on *he p~erty a~ having ?he landscaping to ?he south. I~. Stahl said that Io~ perimeter lighting would be provided for the park- lng lot. Councilman Piufka suggested that the driveway to the rear of the building be held to a minimum width so that it be used only for servicing the building. Hr. Stahl stated that ~he building and site will conform to the existing codes as much as possible. (This being the property to which the 1954 zoning applies), it was noted that Mr, Olson would be back before the Planning Commission and Council with detailed plans for final consideration. Hr, Olson was then advised that *he Council does approve the development concept with the understanding that final plans will Include one access off Winnetka and one off 62nd. BATE= April CASE: 73-14 APPLICANT: William Olson LOCATION: Sou*hside of 62nd between Winnetka and Sumpter REQUEST:' Approval of Site Plan 73 I. A long standing bm*tie is either to be ended or joined for good in *his case. The lot in question was zoned commercial under the 1954 zoning code. The 1960 code changed the Residential. Many attempts have been made over the years to develop the subject lot commercially based on the earlier code. The one application ended up in court with a decision that the lot could be used as provided for in the 1954 code. 2. Three years ago application was made for a convenience center. A major argument *hen developed over which screening requirements, parking, se*backs, etc. stand- ards were to be followed. The applica*lon was finally dropped. 3. A new site plan has now been submit*ed for a 7000 square fcc* convenience center. I have had three meetings with the developer and I feel we have reached aqreement on a basic plan *hat is abou* as good as will be obtained. The present plans are for a 2000 square foot section for a dairy s*ore and 3000 square foot Laundrama,. The other 2000 square foot area is under consideration by several different uses. 4. The developer has agreed to meet presen, screening stand- ards which will provide a 15 foot green landscaped area on the ems* and west sides with a screening fence on the ems*, wes*, and sou*h sides. The 1954 setback of at least 55 feet from all streets has been provided. The earlier ordinance did not require much parking. This plan does provide 53 spaces. The side stalls only have 40 feet of standing and maneuvering room, but I felt i, was more Important to ge* the green area and fence *han *he extra depth in *he parking area. o 2 - 5. Three different proposals have been submitted on access to the lot. The present plan is for two 22 foot drives off 62nd, Originally it was proposed to access off both Winnetka and Sumpter. The Sumpter side would have faced directly into the front of an apartment building, The Winnetka Avenue access would have been directed into the backyards of the houses on Uta~ (one is screened), The Brooklyn Park side of 62nd has the sideyards facing 62nd of two residential units. One (east) has a garage insur- ance office on 62nd. The other a drive, garage and side- yard. Consequently it would appear that they would be least affected. 6. I would note that the petitioner is in for site plan approval. The building plans, etc. wilt be carried through the regular permit issuance procedure. The pe- titioner has also been most willing to cooperate and I feel he will be open to reasonable suggestions as to the type of screening fence, if anyone has some feelings on that subject or changes in the parking, etc. Frankly he wants to get a building and get out, but apparently feels the 7000 square foot is the smallest he can go, Within that limitation he is apparently willing to co- operate. He has agreed to meet present sian, refuse storage and other performance standards. 7. No notice of any kind has been given adjacent properties. Most of the people of a few years standing in area are aware of the legal problem with the property. Also the last court go around seems to indicate little is to be gained by additional "legal" battles. Council of course has the rlght to attempt additional delay if they so de- ire. ..! I R.1 L~c ' i SCHOOL - - I~ R'4 4.YE. I-1 PLANNING CASE REPORT Planning Case: 93-31 Request: Request for Amendment to Home Occupation Ordinance Location: City-Wide PID No: Zoning: R-I (Single Family Residential) Petitioner: City of New Hope Report Date: December 3, 1993 Meeting Date: December 7, 1993 BACKGROUND 1. This is a request by the City of New Hope to Amend Section 4.038(3) of the New Hope City Code Regulating Permitted Home Occupations. 2. The Codes and Standards Committee has been reviewing the "home occupation" ordinance since September and the purpose of the review was to determine if the existing ordinance needed to be updated/revised to address changing trends in the work force or to determine if the current ordinance adequately addresses these trends. 3. The regulation of home occupations within residential structures is intended to insure that the occupational use is clearly accessory or secondary to the principal dwelling use and that compatibility with surrounding residential uses is maintained. 4. For purposes of the City Code, home occupations are defined to distinguish between "permitted home occupations" and "conditionally permitted home occupations". All home occupations which satisfy the "permitted home occupation" criteria shall be considered as a permitted accessory use in all residential zoning district. Home occupations which fail to satisfy the permitted home occupation criteria, shall require a conditional use permit and may be located in any residential zoning district based upon conditions set forth in the approved conditional use permit. 5. Permitted Home Occupations. Home occupations which meet the following criteria: A. Structural Changes. Businesses which require no interior or exterior changes necessary to conduct the business; which are conducted within a principal building; and which require no mechanical or electrical equipment not customarily found in a home. B.Traffic. Businesses which do no significantly alter the traffic pattern of the neighborhood. C. Employees. Businesses which do not require employees other than those living on the premises. D. Area Permitted. Businesses which require no more than twenty percent of the gross floor area of a dwelling, not to exceed three hundred square feet including accessory building. E. Sales on Premises. Businesses which are not involved in direct sales on the premises except as may be conducted through the use of the U.S. mail or by taking and ordering delivery of orders by telephone. 6. Conditional Use Permit. Conditionally permitted home occupations shall consist of those home occupations which do not meet all of the provisions of number 5 above. Said home occupation may be granted a conditional use permit provided that: -1- A. Adverse Effect on Neighborhood. The City Council shall find that all business related activity occurring on the premises shall not cause any adverse changes to the residential character of the neighborhood. B. Screening of Exterior Changes. The City Council shall find that any exterior changes necessary to conduct the business are sufficient screened, properly designed, or separated by distance so as to be consistent with existing adjacent residential uses and compatible with the residential occupancy. C. Interior Changes. The City Council shall find that any interior changes necessary to conduct the business comply with all building, electrical, mechanical and fire codes governing the use of the residential occupancy. D. Traffic. The City Council shall find that the traffic generated by the business involves only vehicles of the type that typically service single family residences and that such traffic constitutes neither a nuisance nor a safety hazard. 7. 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-1~2,3,4f5t 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. 8. In September the Chair of the Codes and Standards Committee met with the Planning Consultant, City Attorney, Building Official and Community Development Coordinator to discuss initial thoughts about revising the code requirements that regulate home occupation in residential areas. Key trends discussed that are impacting home occupations, as presented by the Chair, included the following: A. Transportation improvements. As transportation costs have shrunk from our improving infrastructure, it has become less necessary to keep business entities as physically close together. B. Transition to a global economy that began in the early 1980's. Initially observed as closing of obsolete factories (the rust belt syndrome), it has transitioned to massive shrinking of white collar jobs in many larger corporations. Many of these displaced blue collar and now white collar workers have found new careers and jobs in small, emerging companies--many started by some of these displaced workers. Many get their start in basements, garages, etc. with the successful ones transitioning to office-warehouse parks, commercial office buildings, etc. - 2 - C. Information and communications revolution: computers, Iow cost telecommunications, etc. that have made it possible to work in more decentralized modes than ever before. D. Environmental concerns that are leading to mandates for larger employers to reduce commuting costs as a way to reduce air pollution. E. Another current trend that can change back and forth is the desire of many people for more freedom and flexibility in the workplace, including the desire to be able to work where and when one wants (a home setting, a more desirable geographic area, a suburban or rural location versus a central office in a downtown location, etc.) F. This year's Supreme Court decision on tax deductions for home offices will cause changes in business practices for home based financial planners, tax preparers, insurance agents, contractors, etc. 9. From the initial discussion it appeared that there were 2 general categories of home occupations. A. Telecommuters: those who work out of their homes on a "stand alone" basis. No customers visit the premises. There are no deliveries other than the U.S. Mail, UPS, Fed Ex and only occasional visitors. There are no other employees regularly on the premises. These workers can be employees of a business or independent contractors. They work out of their homes for the convenience of themselves and/or their employers. Business equipment is usually limited to a desk, file and work paper storage, a computer, a fax and/or a second phone line. The current New Hope code would seem to already classify these as permitted uses and hence require no changes. B. Small stand-alone businesses: this is where the New Hope code seems unnecessarily restrictive in places. A number of recent home occupation planning cases seemed to be quite routine, such as income tax preparation, part-time cosmetology, jewelry handicrafts, etc. As mentioned above, many small employers start out in spare bedrooms, garages, etc. If New Hope is perceived as a community that is difficult for quality small businesses to start up in and operate in, our City may become less desirable as a place to live and stay. The incidence of new, home based businesses is growing. The review of this ordinance is seen as an opportunity to get out in front of these changing trends and lead it to where New Hope as a community would like to go. 10. It was the general consensus of the group that while wanting to retain existing code provisions relating to long term visual structural concerns [Section 4.038(3)(a) Structural Changes and (d) Area permitted], the committee should take a look at the issues of Traffic, Employees, and Sales on Premises. 11. The City Attorney and Planning Consultant developed the attached reports and ordinance amendments to address these issues, which were reviewed/approved by the Codes and Standards Committee in October/November. These recommendations are now being presented to the full Planning Commission for consideration. 12. Due to the fact that this is an amendment to the City Code which would be effective in all R-1 Zoning Districts in the City, a general legal notice was published for a public hearing at the December 7th Planning Commission meeting. If approved by the Commission and City Council, the ordinance amendment would become effective upon publication. ANALYSIS 1. The Committee tried to consider a number of real world "home occupation" situations as a way to begin formulating ideas about what the City would like to see and what the City would like to avoid: -3- Income tax preparation - work is winter seasonal and much may be done in the evening or on weekends. Some clients may come to the home (one at a time) while others send in their materials. However, urgency as April 15th approaches may increase deliveries by Fed Ex, local couriers, customers and the like (traffic). A part time employee may also be hired by the preparer for a short period of time. A Shaklee distributor with a number of sales people in their network who regularly visit the home for product pickups and sales drop-offs. Occasional meetings en masse may be held. Large volume deliveries occur weekly. A commercial contractor with building crews doing large jobs in different parts of the country. An architect who works out of his home. Client and business meetings are held regularly at the home. A residential contractor doing major remodeling and home construction jobs in the western suburbs. May have a number of employees or subcontractors from time to time who he sees both at his home and office and at job sites. A financial planner who regularly meets with clients in her home where her office is based. A technical communications, writing, and .consulting business that employees both spouses, several adult children, and several non-family members. Business is conducted out of the basement of the home. Clients come to the home occasionally for meetings. All parking is in the driveway. Fed Ex and courier pickups and deliveries occur daily. A computer software consultant who works out of his basement. He is the only employee at present but he does joint ventures on a regular basis with other consultants, and business meetings occur regularly at the home. A pair of engineers are working in the garage and basement of one of their homes to develop a new computer that they hope will revolutionize the computer business. 2. The Committee tried to remember that today's permitted home occupation, if successful, can become tomorrow's commercial real estate tenant. 3. It was the consensus of the Committee that the following four (4) specific changes should be considered to the current ordinance; with some changes allowing more flexibility and some being more restrictive to address specific concerns: Section 1. Section 4.038 (3)(b) "Traffic" of the New Hope code would be amended to read as follows: (b) Traffic and Parking. Businesses which do not significantly alter the traffic pattern of the neighborhood and do not create a parking demand in excess of that whiCh can be accommodated in the existing driveway. The consensus was that all parking demands created by home occupations should be accommodated in the driveway, as there have been past problems/complaints of home occupation parking in the streets. (Note: The City Attorney and Building Official do not agree with this change and think it will be difficult to enforce). -4- Section 2. Section 4.038 (3)(0) "Employees" of the New Hope Code would be amended to read as follows: (c) Employees. Businesses which do not require more than one employee other than those living on the premises. The current ordinance does not allow any employees residing off of the premises. The consensus was that due to changing trends, the ordinance should be changed to allow one off-premise employee, provided that they be required to park in the driveway. Section 3. Section 4.038 (3)(e) "Sales on Premises" of the New Hope Code would be amended as follows: (e) Sales on Premises. Businesses which are not involved in direct sales on the premises except as may be conducted through the use of the U.S. mail, commercial delivery services by a vehicle no lar,qer than a step van, or by taking and ordering delivery of orders by telephone. The consensus was that the type of delivery vehicles allowed and prohibited should be more clearly defined. Section 4. Section 4.038 (3)(f) "Outside Storage" of the New Hope Code would be amended to read as follows: (f) Outside Storaqe. Businesses which require no outdoor storage of equipment, machinery, inventory, tools or any other item required for use by the business, except for parkin.q of business vehicles in compliance with 4.036(4)(f) of this Code. The consensus was that the ordinance should be clarified to stipulate that the granting of a home occupation does not allow or permit outdoor storage. 4. It was determined that no changes should be made to the existing home occupation signage requirement and that the current allowance of a two square foot sign was acceptable. RECOMMENDATION Staff is supportive of the changes that the Committee is recommending for the ordinance amendment. Attachments: ProPosed Ordinance Amendment 93-07 November 22 Attorney Correspondence Public Hearing Notices September 29th Planner's Memo Building Officials' Comments Research Information -5- ORDINANCE NO. 93-07 AN ORDINANCE AMENDING SECTION 4.038 (3) OF THE NEW HOPE CITY CODE REGULATING PERMITTED HOME OCCUPATIONS The City Council of the City of New Hope ordains: Section 1. Section 4.038 (3)(b) "Traffic" of the New Hope Code is hereby amended to read as follows: (b) Traffic and Parking. Businesses which do not significantly alter the traffic pattern of the neighborhood and do not create a parking demand in excess of that which can be accommodated in the existin~ driveway. Section 2. Section 4.038 (3)(c) "Employees" of the New Hope Code is hereby amended to read as follows: (c) Employees. Business which do not require more than one employee~ other than those living on the premises. ) Section 3. Section 4.038 (3)(e) "Sales on Premises" of the New Hope Code is hereby amended to read as follows: (e) Sales on Premises. Businesses which are not involved in direct sales on the premises except as may be conducted through the use of the U.S. mail, commercial delivery services by a vehicle no larger than a step van, or by taking and ordering delivery of orders by telephone. Section 4. Section 4.038 (3)(f) "Outside Storage" of the New Hope Code is hereby added to read as follows: (f) Outside Storage. Businesses which require no outdoor storage of equipment, machinery, inventory, tools or any other item required for use by the business, except for parking of business vehicles in compliance with §4.036(4)(f) of this Code. Section 5. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1993. Edw. J. Erickson, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the day of , 1993. ) ('. ' CORRICK & $ONDRALL, P.A. ATTORNEYS AT LAW MIC~*£L R L*FLEUR Edinburgh Executive Office Plaza Wi~LiA~ C ST.A~T 8525 Edinbrook Crossing Suite '203 Brooklyn Park, Minneso~ 5544B TELEPHONE (612~ 425-5671 FAX {612) 425-5867 November 22, 1993 Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Amendment to Home Occupation Ordinance Our File No: 99.49307 Dear Kirk: Please find enclosed proposed Ordinance No. 93-07 Amending Regulations for Permitted Home Occupations. The enclosed Ordinance incorporates the changes we discussed at the October Codes and Standards Committee meeting. Basically, Section 3 language was added to allow for commercial delivery service by a vehicle no larger than a step van. This addresses the concern that semi-trucks or larger would be rolling down City streets. Also, a provision was added to Section 4 to allow parking of business vehicles without violating the outside storage provisions. However, I do believe that the language in Section 1 dealing with the parking demand should be removed. I think it will be difficult to enforce the provision. The Building Official agrees. I would recommend simply maintaining the current language without including the additional language underlined within Section 1. Please contact me if you have any questions. Very truly yours, Steven A. Sondrall slm Enclosure cc: Doug Sandstad (w/eric) A1 Brixius (w/enc) NOTICE OF PUBliC HEARING TO CONSIDER ORDINANCE AMENDING REGULATIONS CONTROLLING HOME OCCUPATIONS PERMITTED IN THE R-1 ZONING DISTRICT BY §4.038 OF THE NEW HOPE ZONING CODE City of New Hope, Minnesota Notice is hereby given that the Planning Commission of the City of New Hope, Minnesota, will meet on the 7th day of December, 1993, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing to consider the adoption of an ordinance amending the New Hope Zoning Code. Said ordinance will have the affect of amending the regulations governing home occupations in the R-1 residential zoning district by changing the employee requirements and the parking, on-site sales and outside storage regulations. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the zoning code amendments. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk to make arrangements (telephone 531-5117, TDD number 531-5109). Dated the 8th day of November, 1993. s/ Valerie J. Leone Valerie J. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 17th day of November, 1993.) ' Nor h, wes t, ssociat,e ; Consult, ants, Inc. U R B P L NG D_ S N M A R K R E S E A R C H TO: Kirk McDonald FROM: Bob Kirmis/Alan Brixius DATE: 29 September 1993 RE: New Hope Zoning Ordinance - Home Occupations FILE NO: 131.00 93.06 Attached please find a draft amendment to Section 4.038 of the New Hope Zoning Ordinance regarding home occupations. Per staff discussion on 15 September, performance standards applicable to home occupations have been amended to address the folloWing items: 1. Employment 2. Off-Street Parking 3. Exterior Storage Please note that the amendment does not address home occupation signage requirements. As such, the current allowance of a two square foot sign remains applicable. Considering that home occupations generally are not intended to demand visual attention, some consideration should be given as to whether home occupation signage should be allowed. If you have any questions or co~c~Lents regarding this material, please do not hesitate to call. pc: Doug Sandstad Steve Sondrall 5775 Wayzata Blvd.. Suite 555 · St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 MEMORANDUM City of New Hope DATE: September 30, 1993 TO: Kirk McDonald~ FROM: DD~g Sandstad~v~ SUBJECT: Plan Case 93-31,~me Occupation Zoning Code Text Change I have considered the various ideas and inputs from interested parties on the subject of our home occupations ~ and suggest the following: In principle, I will favor reducing the size and complexity of our city codes, once again. The suggestion to add three sections raises more questions and subjects for neighborhood complaints, resulting in public confusion over the regulations and additional staff resources. I recommend changing section 4.038(3)[c] to say~ "Employees. Businesses which employ not more than one (1) person who does not reside on the premises." This represents a true relaxing of standards, with few foreseeable problems. I also recommend that the Zoning Administrator cease the city-attorney advised practice of offering no-fee city forms and reviews of "Home Occupation Affidavits" for all home business inquiries, unless a fee/license/permit/etc system is included. We spend time on the phone, at the counter, in mailings, in review, in copying for various staff and document storage by essentially issuing a FREE PAPER APPROVAL FOR THE BUSINESS. September 9, 1993 TO: Kirk McDonald - City of New Hope Management Assistant FROM: Bill Sonsin - New Hope Planning Commission RE: Home Occupations Kirk, attached are my initial thoughts about revising the New Hope Codes dealing with home occupations in residential areas plus some copies of articles I've accumulated over the years about what used to be called "home offices" and is now being called "telecommuting", "virtual offices" and the like. Please share this with other invitees for the 9/15 meeting as you feel appropriate, either ahead of time or at our meeting. Thanks. Home Occupations Key trends: 1. Transportation improvements over the decades, from railroads, to planes and interstate highways. As transportation costs have shrunk from our improving infrastructure, it became less necessary to keep business entities as physically close together. 2. Transition to a global economy that began in the early 1980%. Initially observed as closing of obsolete factories (the rust belt syndrome), it has transitioned to massive shrinking of white collar jobs in many larger corporations. Many of these displaced blue collar and now white collar workers have found new careers and jobs in small, emerging companies--many started by some of these displaced workers. Many get their start in basements, garages, etc. with the successful ones transitioning to office- warehouse parks, commercial office buildings ,etc. 3. Information and communications revolution: computers, low cost telecommunications, etc. that have made it possible to work in more decentralized modes than ever before. 4. Environmental concerns that are leading to mandates for larger employers to reduce commuting costs as a way to reduce air pollution. The communications revolution described above makes this possible. A mandate to do this in Southern California already exists. Spread to other metropolitan areas around the country, including the Twin Cities, will most likely follow at some point. Many observers feel these 4 trends are major and irreversible. If anything, they may even accelerate faster and faster. Another current trend that can change back and forth is the desire of many people for more freedom and flexibility in the workplace, including the desire to be able to work where and when one wants (a home setting, a more desirable geographic area, a suburban or rural location versus a central office in a downtown location, etc.). The trend is strong, but not as "straight line" as the other four. Also, this year's Supreme Court decision on tax deductions for home offices will cause changes in business practices for home based financial planners, tax preparers, insurance agents, contractors, etc. So what does this mean for New Hope? There would seem to be 2 general categories of home occupations: 1. Telecommuters: those who work out of their homes on a "stand alone" basis. No customers visit the premises. There are no deliveries other than the U. S Mail, UPS, Fed Ex and only occasional visitors. There are no other employees regularly on the premises. These workers can be employees of a business or independent contractors. They work out of a their homes for the convenience of themselves and/or their employers. Business equipment is usually limited to a desk, file and work paper storage, a computer, a fax and/or a second phone line. The current New Hope code would seem to already classify these as permitted uses and hence require no changes. 2. Small stand-alone businesses: this is where the New Hope code seems unnecessarily restrictive in places. A number of recent home occupation planning cases seemed to be quite routine, such income tax preparation, part-time cosmetology, jewelry handicrafts, etc. Others have seemed to be, in practicality, over reaction due to the current code. Moreover, as mentioned above, many small employers start out in spare bedrooms, garages, etc. If New Hope is perceived as a community that is difficult for quality small businesses to start up in and operate in, our City may become less desirable as a place to live and stay. The incidence of new, home based businesses is growing. Our opportunity would seem to be to get out in front of it and lead it to where New Hope as a community would like it to go. While probably wanting to retain existing code provisions relating to long term visual and structural concerns [Section 4.038 (3) (a) Structural Changes and (d) Area permitted], I think we should take a look at Traffic, Employees, and Sales on Premises. Maybe we should consider a number of real world situations as a way to begin formulating what we would like to see and what we would like to avoid: Income tax preparation- work is winter seasonal and much may be done in the evening or on weekends. Some clients may come to the home (one at a ti.,lae) while others send in their materials. However, urgency as April 15th approaches may increase deliveries by Fed Ex, local couriers, customers and the like (traffic). A part time employee may also be hired by the preparer for a short period of time. A Shaklee distributor with a number of sales people in their network who regularly visit the home for product pickups and sales drop-offs. Occasional meetings en masse may be held. Large volume deliveries occur weekly. A commercial contractor with building crews doing large jobs in different parts of the country. An architect who works out of his home. Client and business meetings are held regularly at the home. A residential contractor doing major remodeling and home construction jobs in the western suburbs. May have a number of employees or subcontractors from time to time who he sees both at his home office and at job sites. A financial planner who regularly meets with clients in her home where her office is based. A technical communications, writing, and consulting business that employs both spouses, several adult children, and several non-family members. Business is conducted out of the basement of the home. Clients come to the home occasionally for meetings. All parking is in the driveway. Fed Ex and courier pickups and deliveries occur daily. A computer software consultant who works out of his basement. He is the only employee at present but he does joint ventures on a regular basis with other consultants, and business meetings occur regularly at the home. A state licensed daycare business conducted in the home with large volumes of drop-offs in the morning and pickups in the late afternoon. A pair of engineers are working in the garage and basement of' one of their homes to develop a new computer that they hope will revolutionize the computer business. Miscellaneous: a CPA associate tells me that the Supreme Court home office decision states that a home based business with an outside employee working in the home automatically qualifies for the home office income tax deduction. In closing, we should remember that today's permitted home occupation, if successful, can become tomorrow's variance case and the next days commercial real estate tenant. [ssues~ What does New Hope visualize as attractive home occupations? How much can the City influence through pro-active leadership and what does it need to control via regulation? What are other similar communities doing? It appears that home occupations are enforced today, on a complaint basis. Is this the way to continue? Ci.~'t,J.a~e~ u,,e~l~ ~o Im,.~.~ clf. z~.. ,~f. nce I923~VoL 70, ,¥o..8 THE K.IPLINGER WASHINGTON EDITORS 1729 H St.. N.W.. Vbastang~.on. D.C. 20006-3938 Dear Client: Washington, July 9, 1993 ~ BreakthrouKhs in communications will change how you do business. Digital technology and spread of fiber optics will create single systems out of computers, phones and cable TV. Results will be revolutionary. You'll see much of chis in the next 5-10 years. Critical data for managing will no longer work its way up & down the corporate ladder. You'll be able to tap more information and make better, faster decisions. Technolo.%7 will transform how you work, operate your business. Maybe even W~ERE you work. You'll be able to see fellow workers, write reports together or dig into sales records no matter where you are. Communities that have fiber optics will have a big advantage over others. Sales reps will be ouc of the office more, staying in touch with their bosses through combination laptop computers and fax machines. You will be able to reach them anywhere by wireless satellite phones. [ea!~ors will use computer-TV-phone ~achnolo~y co show houses co prospects in another part of the councry..."walking" them through each room and around the yard. Even opening doors to peek in closets or check out the garage. Also to show what a remodeling job could do. Manufacturers and repair services will be able to order parts with less ri~marole. They will see the item that they want on a screen, cum it upside down or sideways if desired, then push a button to order. Ad a~encies will reach the people they want, not pay for others. Marketing will be sorted out by age, income, occupation and family size. TV ads for baby goods will be seen only by new parents and grandparents. Retailers will also target their customers with more precision, using information from past purchases...color Preferences, styles, sizes. From home, you'll be able to key in your height, weight and measurements and see a model your size on a screen wearing clothes you're considering. If you buy furniture, computers will show how it would look in your room. Doctors will be able to consult wi~h specialists 1000 miles away or check a patient's heart and blood pressure using transponders in home. Utilities will read meters electronically...no more meter reader. Entertainment business will never be the same. Video-on-demand will drive movie-rental stores out of business within the next ten years. You'll be able to see first-run films immediately after selecting or get your choice of camera angles if you're watching a game or play. Cheaper and easier teleconferencinK will be available anywhere. Handy for job interviews, sales presentations and meetings of all Types. Means more people will work at home...an untethered work force. Telecommuters will be able to handle the same jobs they do aC the office. They'll still come in a day or cwo a week...mostly just to stay in touch. Even calls to 800 numbers will be routed to operators working at home. I All this will free up office space. And that saves money too. CO;'~ I~ I~E KIRU~ER W,~N EDITO~ INC. atJOTA~N ~T P~IEI'T~ FO~ ~l, ME.q(:?Jl. OR ~ ~ ~ ~ IL.LEGal. ~ FHOT~Y OR RERR(~OLICE ~ L.E'I'I'ER ~ ~ WAY. WTLLIAM J. $ONSIN 3308 GET'rYSB~G AVENTIE NORTH NEW HOPE, MINNESOTA f5427-1741 v,,:, f,~c~ ~ ~-.,~, Home: 612-5~5 Jobs ~ S~A~S p~more home ~ter mee~ng ~th l~ited suc- cess in a~ac~ing co~ora:e jo~. TO: ~fk ~c ~ I~ F~: ~l-~ ~ stateeconomic-developmentoffici~s see home b~inesses as a steading C~ ~ ~ ~ /~ ~ force for sm~ to~s, "S~tes ~e ~: ~ ~ c~ ~ ~ ~. PAG~TOT~ real~gthatmere~eomysom~y b~messes that can be obtained f~m ~ ~ other sates," and ~at they su~po~ their o~ reso~ces, says Pa~ Edw~, a hom~b~iness con- s~t~ in Santo Momca, S~tes ~e s~ng ne~or~ of home ententes to offer b~mess ~ps ~ c~de~e. 0~ahoma S~te Univemiys c~pem~ve exten- sion se~ce, f~de~ by the s~te feder~ gove~men~, h~ targeted home b~inesses ~ a ~ay to ream jobs ~ ~ co~es. ~ B~s, ~ sp~i~t on hom~b~ h~tness for ~e extension se~ce, sm~ a state,de ~socm~on of about 5OO ~me b~inesses m 1990. ~. B~s ~o pres semm~ on s~ng such venues se~es gnd ~M~ a reso~ce for p~p[e ~ ~ome ~ b~inesses. She ~ ~tten a han~- b~k for o~er sates interest~ ~~ ~ set~ng up a s~ se~ce. S~g o~em s~ such out- ~, ~ re,ch effo~ ~ essence. "~e~- body is ~espe~tely se~c~ for ~ ~ ~ " some way m m~e a H~ng out here ~ the co~," says J~ice G~ett, a ~ ~ ~* ~ ~ ~nden, Neb., f~er. Ms. G~ett, ~/~ who retakes f~i~e and other home Rems ~th her h~band to supple- ~ men~ their f~ing income, Ie~ed a~ ~ recen~ s~es~nsored semin~ that ~ey co~d ~e an elec~mc b~leti~ ~d t~ugh ~ he.by pub- lic [ibr~ to ~ocate suppliem and ~oten~ remile~ for ~eir ~ds. cials ~ l~t zo~ng res~c~ons on home b~inesses. ~t ye~, made a ~d~pe ~ impress on to~ officials ~e economic poten~ of home b~inesses. To~s ~e helping, too. ~ March, Sttllwater, O~a., ~ted a ban on home b~inesses emplo~ng anyone who doesn't live in ~e home. The t ~now limits p~ng, si~s and ot~r ob~ous indicato~ of business activ- ~ iW. One home b~iness S~Hw~ter · ~ still disco~ages: auto-repair shops. T ..I E T E C H N 0 I. 0 G Y R E V 0 L U T ~ 0 N the Virtual entrepreneur Arizo~-~ed F~n~ ?la~n~ ~end~ ~ro~ ~ d~F ct~ modem. " He works, an y w h e r e anytime, in an office'without boundaries. In Lexington, Ky., ophthalmologist Dr. John Garden examines inmates without traveling the 40 miles to ..... -:..:.. the pdson. Instead, he tests eyes using a PC', modem, and video camera. * From her living room ":' '" in a Denver submlb,'Brenda Galamera Brimage develops math offices have no boundaries and are made possible by new tech- ...... !.:?i?i..: textbooks that sell millions of copies and manages an ever-shift- nology and social trends. Entrepreneurs, who always knew the lng stable of writers and designers spread across the country, home was a fine launchpad for a business, are now r~li~ing the~ "It wouldn't m_uke any sense for me to have employees," says can set up shop anywhere; they don't even have to work from Brining, fo~ ~ ~~om W~ ~ ~ ~ the same office m their employees. Ranch, Colo. "! never know what my projects are going to be." Flexibility i~ only one of the countless benefits of this new And in Long Beach, Galif., developer Frank Gottle has built business organim~ Others indude: six telecommuting centers where more than 600 tenants use an · I~as~.d/~vd~ ~ both th~ ~ owner and t/~ emi0/o~ee. array of computers, faxes, and phones to work shoulder-to- The workday isn't only expanded, it's structured to fit the re- shoulder with colleagues thomands of miles away. Gottle's corn- quirements, of the job. People .work when needed, not to fialfill ! pany, Office Technology Group, will open another three "tele-_.. the demand~ of a time dock. center~" by the end of this year. · T/~ advent oft~.imt-in,.tim~ wort~ that can b~ d~lo~e.d at will "It doesn't matter so much where you live and work as lon~, a~ People can be hired for specitic tasks. Gompany infi'asu-ucture is . .. ~o~'re capable ofcommtmiendng properly," sa~s Co-i_~. no longer a limiting factor. Garden, Brimage, and Gottle are ~ entre/nen~. Their ·A ~ mor~ mm/vat~ zwr/tforce ~ -.:' : ,.,.: ---by mark henricks/illu, strations by anthony martin JUNE 1OO$ SUCCESS 41 T H E T E C H N 0 L 0 G Y R E V 0 L U T ' ~-,~? IBetter worke~ who can be hired from any locatio~ across the United States gives Journal Graphics coverage across l Freedom for the entrvln-eneur, who can operate from anywhere, domestic time zones. Other new terms for virtual enn'epreneurs include cyberspace This virtual company never has to lose a valued employee. corporation, virtual workspace, or extended office. Whatever When one of Journal Graphic's top-notch transcribers relocated you call it, it adds up to the same thing, says Thomas Miller, vice to St. Petersburg, Fla., from New York, her job went with her. .?..:::~..:~ ..: president of home office research for Link Resources of New "Even ffit's a temporary situation, there are ways for the person York: "the ability, to ~xtend to literally anywhere your ability to to work from home," says Jim Smith, Journal Graphics founder. - '. do what is known aa office work." And technology allows Smith to work where he wants to. ": -- · Everytxxty who has ever dmf-ted a memo on an airplane knows Although Journal Graphics originally was located in New York, that work can be done a~a~ay from headquarters. But today, under the entrepreneur moved the company to the Rockies several the combined pressures of downsizing, work/family worries, years ago. "I grew up in Denver and wanted to move here· It and evolving technology, the virtual office is the ideal situation, wasn't a problem," says Smith. Nor was it bad for business:Jour- for the corporation, the entrepreneur, or the individual. Thou- hal Graphics projects $3 milh'on in sales this year. sands of companies are doing it. Your venture may be nex~ But it's more than ~Cs. High on the indispensability list is the ubiquitous fax machin? - yet another electronic path for shut- Tm~ ltt~m~; T~:m~o~,t Ting tling information back and forth. The tide of irfformation technolo~ unleashed during the 1980s And while_overnight delivery may not strike you as high tech, has float~*xi the virtual office to the surface, giving entrepreneurs it is also fueling the virtual office conflagration. Because of over- · a new ~ray to conduct business and make money. According to night delivery, companies can send products to other businesses ~" ' Los Angeles telecommuting consultant Jack Nilles, the man who quickly- no matter where each business is located. coined the term telecommutin$ "The fundamental technologies Take, for example, Doyen Literary Services Inc. Company that make it easy ar~ pa~" Personal computers have existed founder and literary agent B.J. Doyen uses overnight mail to since the early 1980s, but it's only recently that they've become pitch manuscripts and negotiate rights with book publishers 5h~an enough, power~l, enough, and e~4sy enough to use. 1,eo- .. from Hawaii to Europe. pie also have become more computer literate, so theyV_aTn do. "Our street address sounds like a big city," confides Doyen. .more work without the support ot'a techmcm staff, '. "It's 19005 660th Street. The feet of the matter is, it's on a farm · Michael Koulouroudis, who operates a business out of his in Newell, Iowa, and no one lives within three miles." $o what? Brooklyn, N.Y., home, wouldn't Doyen can get her job done as : have an international trading efficiently in Newell as she could -. business without his PC. He u~s in New York City. · ":": computer databases to g~t l~ads Phones are ~ playing a role. ~.771!:. ii!ii on overseas companies looking Betwee""-"~_answerin~ machines~ for American products, v, flig. e, dllai~ and other services, ::;:,:!:i~-~i3~.~::i Does the low-touch, high- more and more work can be ' - ' tech approach work? Last year, done remotely. Unifi Commtmb Koulouroudis's one-person, one- cations Corp.'s call-routing soft- computer outfit grossed $100,000 ware directs a phone call to the by selling American-made win- right person, whether it's a cus- dow air conditioners to Japan. tomer service rep down the hall The ?C principle has [replica- or someone working out of his tions beyond the home-based living room. "This technology entrepreneur._lournal Graphic4_ allows a customer to have its pet)- Inc. was founded 19 years ago pie work from anywhere and all to produce transcriptions of act as if they're in the same build- broadcast news and talk shows, hag," says Bob ?okresa, a founder PCs and VCRs let the company's of the Billerica~ Mass., company. '. 14 mmscribers work from home. The price of such telewizardry? " In fact, it's better tha~ they're not Unifi's telecommunication sys- · ' based in one central location, Armmp~blishinghub?Fromher,rowafarra, B.]..Doyennego- tem costs about $2,000 per user, ' since sprinkling the transcribers elates lucrative deal~ urithbook publishers nationwide, including all components. 4~ SUCC~.qqJUNE 19o~3 T ~ E T E C H N 0 L 0 G Y R E V 0 L U T ~ 0 N ~om hot'd~ clienf u$~ [~p~op ~ r~triev~ ?ro?osd. ~ke5 some cha~es ~nd ~/~ t~. Y-o ~r,'zo~o~. Cmu~on~o Socm'r~ nia's mail-order operations hire knowledgeable ~types from the Computers have been around for a few decades now and the great outdoors rather than rely on the worker pool in relatively human desire to control one's environment a good bit longer, urban Ventura. And there was really no reason not to. The mail- So there's got to be more behind the virtual office explosion order group has its own minicomputer and access to Patagonia's -. than some gadgets and an itch to go back to the farm. The corporate computer via telephone. It's just as dose to needed smartest technology couldn't put the virtual office over the top information as if the department were based in Ventura. without the help of societal changes. Placating valued employees is one thing. Corporate giants are C__onvenJence is driving[ many oeoole to embrac- rhi~ wnrk also turning to telecommuting to streamline and reduce costs. ~"I have about a 14-second commute, and I get to spend Satellite offices are also part of a larger trend toward decentral- more time with my wife," observes G. Brewster Cole, who ization. Fortune-500 companies such as IBM are breaking into moved his administrative role in The Pitometer Associates, an smaller, more autonomous parts for competitive advantage. engineering company founded by his grandfather, to a one- ~m~ll and fiorCe is in. La~,e and lumberingJs_ ' out. room addition of his country cabin near Woodstock, N.Y. Link Resources' ,Miller calls it a reaction ~t "the edifice Before that, Cole spent 20 years commuting. ~omplex." He adds, "It's reallv qult~ ab.mrrt r,, i,,d~, th=, p-,-pS~ Virtual office workers aren't out to sacrifice all for conve- si..st in cubicles in stuffy huildin~ to ?t rhoir ~qgrk don_e/' nience. Many argue persuasively that moving the office out of Expensive downtown lease rates, high taxes, and rising urban the office boosts performance. "Home4~ased telecommuters c~4ane are also causing the decentralization drift. And someUmes, .tend to work longer hours,, comultant Nilles states flatly. 'q'he~- the virtual office is a means for comp[ving with government reg- "? productivity goes up an average of 15 to 20 percent."" ulafion. In ~ omnlovers of more than 100 ' Those kinds of improvement~ catch the eyes of cmii~}any .ueo~le have to reduce the am6unt ot~commuting their empl3v- accountants looking to increase profits. Not only is more work ees are dnino' -- ar n~v fln.~ of un to $25~000 a day. As sinlilar getting done by telecommuters, less money is being spent, regulations spread to other regions, businesses will have to estaN "We're cutting our clients' operating overhead 40 to 50 percent Lish alternative office setups. over traditional space," says Cottle, the developer who rents vir- tual office space. Holm Is W~ r,.-: OtrlrKm Is And in an age of two-income families and in the face of workz. T~ec. hilology and trends mean you can live where you choose. So ers' _growing preference for a hal- can your employees. And that anced work and personal life, vir- : means the office is definitely mov- tual entrepreneurs are finding ,~ ~'~ ing into the home. If you're not -- they're the ones best situated fo[ --?,.: among the virtual office crowd, ' ..: getting the most out of their ~ i r ~ M ~ I ~ll t odds say one--t-door ....... ": employ¢es. - neighbors i~1.4 percen-~.~:ff the When Patagonia Inc. was in ll~t~l~i~tt~r~ total adult wor~ force doesn't ;.. ....... danger of losing a top design tal- work from a traditional office, ent, the outdoor clothing compa- according to Link Resources. ny just sent the employee where ~, But where that home is located he wanted to go: Bozeman, hi varies by choice. "My husband's a Mont. Starting last March, Rich- · B-.~in~ farmer, and he's also my business ard Siberell moved to this small partner for the agency," says B.J~ mountain town. He's just down · Doyen, the literary agent in Iowa. , the road from Patagonia's mail- "We like the lifestyle." · order operation - and almost X · And, if you can be allywhere_, 1,000 miles from the company's ~ · ~1~ ~h¥ not that spot where you Ventura, Calif., headquarters. · ~~ei~l ~nd~,d spent that unfor~ertahl~ week- "Richard will get good product · IflnglneerinG end_.._~~ "I look out over the south- feedback there, and it was a way · Computer ';'~' ..... ':~'~x~ western range of the Catskills, to keep him on the staff," says and it's awfully pretty," says Cole, Megan Montgomery, Patagonia's ' - who runs his 4§-worker Little director of.corporate affairs. · Art..nd ~raft~ manufacturing Falls, N.J.-based firm from his · That also explains why Patago- cabin in the mountains. ~ jlo~NE 1005 SUCCESS 43 ~~ ~ Vm~ ~t. "~e technolo~ to have at le~t 40 percent of ~e U.S~ A few yem ~o, pun~u eyeing ~e ~en-new phenomenon of work force teleco~u~g at l~t pm of ~e me ~ here now. ' tel~o~u~ ~v~ ~ m ~d d~ ~ we wo~d ~ ~ ~at isn't here is ~e ch~ge in attitudes on ~e wor~g ~t ~y ~ore, weft, ~fo~ now. Ob~omly, it's jmt not ~e~ ~at ~ow it to achy ~n." ~. Tel~o~u~g ~ a ~we~ ~& but o~ ~we~ fo~ Some~es what is ~ed for is s~g atten~on from over- -.~:~]::::': '. .... ~ ~g ~ o~cm ~, ~ ~t a ~le ~ofi~ of worm. ~g ~e worker to oven~g ~e work- f~mg on ~e end ". ' W~ o~c~ ~ rove mon~, but ~ r~e ~me u~nt product ~d letting &e meres ~e c~e of ~emseives, Good ~vm~t Comply m~yen o~en ~t to ~pment ou~% ~ement ~ls for u~ont p~g, plen~ of ~y co~ ..... : ~ m ~ent ~t tel~o~u~g, N~ m~. But ~ obsm- m~cafion, md adequate lo,ow-up. "You have to fi~e out de may be more fiction ~ ~m. A lot of ~ ~ do~n't ~ve what you ~t employees to do ~d co~te it to ~em," to cost your comply a ~e. Most teleco~u~g cremates m~ N~m. "~d you ~ve to ~ ~le to r~e r~." ~ ~r to work ~m home ~d~ oust ~vm. Such proponents contend ~at t~st is ~e foundation on V~ comp~es mint flso overcome n~tivo ~ov~os. w~ch ~e ~fl o~ce g b~t ffyou ~e employees ~at you M~y bm~s~ple e~ a hom~ o~ce to ~r ~ comider co~enfiom, su~ion ~om~ 1~ of ~ ~sue. te~m. To avoid ~om ~vo~le ~om, ~k p~r If you work from home and have no employees, you may Bmage ~ely in~tes clienu to her home, md her mswefing ~ ~ement mum ~e ~el~c ~ not Even ffyou ma~e savs o~y ~at "someone ~ get back to you." A ~ ~e employe~less, you s~ need to ovenee bminess rel~on-~ ht~ cover-up? You ~t ~ios ~at can be iust a~ ta~inv You have to smv in touch b ~v(~ '.'It's ~ged some, but I dog't ~ways vol~teer ~t I'm a phone. ~ hom~bmed bm~ess," Bfim~e says. A si~ low-level ~ "h m~, ~ere'sjmt a ~te ~1 of D~cen who ~te t~- queme shoed p~ yo~ compmy's ~ ...... ~o~," rays ~nver t~b~k d~elo~ B~e. "So I ~ve to ~ow m~t of ~e ~ple ~ my mdm~." ~&amo m & Vm~ Wo~ ~g a ~ o~ce po~ genme problem. But ~y V~ en~epreneun need to develop new ~ement te~- of ~em ~eady e~sted ~qum s~ce ~ m no lo~ r~ on s~t md ~e ~- cre~ingly crept into business. "~ere's ~ways a ch~enge ~on wh~ ove~ ~ple. ~ a compmy ~t's ~g," ob~m Cole. ~ t~olo~ ~mt~ ~ problem, ~g ~e right ~d For e~ple, ~e mu~dp~ ~ter u~ en~ee~g work of technolo~ c~ help solve it. ~ed out by Cole's compmy ~e~er it's ~ s~ple m a Ngh- on site, so -'--' quali~ spe~e~hone &at leu ~ferent locations -" . you have productive telephone ~ount~. "I have a manager .... :.'~: V::?'. ~ M~ hom~ emplo~ A~ C~ W~o~ or as advanced as ISDN-breed D.C., ~d two in Chicago, and · ~deoco~eren~g ~at leu you that's always been the case," ':':i~'??-":'~ 5te~v 1oo~ over ~e sho~de~ shrugs Cole. "We get on the of employees, technolo~ can phone a lot toge~er and meet maintain some of the sense of ~ree or four times a year." To con~ ~'s ~ ~ ~e ~ cut travel costs, ~ey sched~e fl o~ce. m~ at ~dm~ co~erencm But before you ~sh out ~d buy too much high-tech gear, It's ~t u~, it's got dom. But keep in mind that the virtual emer~ng technolo~, press~e ~orker may not be a manage- for ~tter peffom~ce, md merit problem. ~ ~e top m~- accele~g shift toward infor- mer ~ your compmy, you my moon se~c~ ~e ~e do better to look ~t at ch~ge en~eprene~ a ~ ce~. ~ yo~. '~e ~uom ~e," ~ys "~e problem M~ telecom- G. Br~ Co~ ~ h~ ~fg Ha~ N~ ~ ~ ab~ to ~- sources' M~er, "is ~at you c~ mu~g ~ l~ely not t~olo~- sae h~ 4~ ~~ company's ~min~ative~- work Dom ~here ~d ~et ~e ' . ~," conten~ N~, ~e com~- ti~om a m~nmin ca~n in mral N~ York. job done." BY 1~g5¥ YOUNG ., thought about was how much we liked it here," he remembers. This was no lone operator working Kii ~ OUt of a home o~ice in glorious isolation who could easily move his business any- where. At the tune oi the move, Lem- berger was the rnam operations manager for his firm, with each of the company's the Way to senior managers reporting directly to him. He personally signed all the checks for the consultancy, whose 30 employ- ees handled 300 or so projects each year. At that time, Lesser & Weitm'nan mare- tamed offices in Beverly Hills and New- Santa Fe port Beach, Calif., Washington, D.C., and Atlanta. The firm now has 70 employees working on 500 projects per - year and $10 million in revenues. Mean- while, back at the ranch, Leinberger is mil a managing partner. These days, all you need to run a $10 L~,~.~, who has w~=n e==- sively on the changing face of the Amer- million consulting business/rom dossm on i=m ~=pe, could ~dly ~ve ~o=d a more appropriate place to break away. ~e ranch, besides talent and savvy, m descnbes ~n~e~ asa s=ate~c-~d- use planner whose firm helps develop- of course are an electronic lasso and an ers, co.ora,ions wi~ extensi, e .:'- estate holdings, and local, state and fed- airbor_ne po~y ex~_re~.~s. =al government ag=d= decide what to do with their land and neighborhoods. The company, known as Robert Charles ON :-~ Lesser 8, Co. before it merged with a A CRISP and cold lanuary mom- philosopher Joseph Campbell's phrase-- smaller New York City-based commer- lng in Santa Fe, N. Mex., a sweet blue is following his bliss, cial appraisal outfit earlier this year, has haze of pifion smoke hangs over "The m,,odem fax machine_ is what a blue-chip real estate client list that Tesuque, a village and river valley a few brought me here," Lemberger says. "In includes Chrysler Credit Corp., Mit- miles north of town. Named after the 1987, we put [a new] one in each of our subishi, Continental Bank, Lockheed, Native American tribe whose pueblo offices. Before then, faxing was an Morgan Stanley, Northrop, Rockefeller stands nearby amid a jumble oi mobile incredible hassle--you had to match and Associates, and Transamerica. The homes and bingo parlors, the fertile va[- machines in different formats: groups company has also advised such cities as Icy is now dotted with multimillion- one, two or three. Nothing about it wa~ Atlanta, Los Angeles and Santa Fe, as :... :... dollar postmodem adobe houses, automatic. But the new machines really well as the Department of Defense. Chris Leinberger, one of the three set me free. All of a sudden I re-Ii=ed Besides the fax machine--his elec- principals in Lesser 8, Weitzman, the that I didn't need to be in any particular tro6~e- la.~.~o--lxofessional rnana~ement ........ country's largest real estate and adviso- I~lace any~,, ore." }marts and an imamnative vtsion of how ry appraisal firm, is sitting at an oxcart- ShortlY/thereafter, Leinberger hap- modem .work can be accomph~shed are wheel conference table in the guest pened to visit Santa Fe with his wife what have allowed Leinberuer to rt~ house and office complex of b_is ia-acre Madeleine and their two children, then c_ompanv from bis idyllic spread. As spread. In the reception room an assis- aged six and nme, with thoughts about they were building the company in the ' rant--his only local employee--is ban- buying a second home. The family lived mid-1980s, he and his first partner, Gadi dling the phones and computers. Look- in Los Angeles at the time, and Leto- Kaufmann, worked to lng enviably at home beneath the hand- berger had begun feeling apprehensive an independent entity nm by entre~re- hewn beams and layered twigs that at the prospect of his children going ,neunal man,a,/iers who cmn ! need or form traditional New Mexican adobe through adolescence in LAds "con- ~vant lots of micromanazement. They5 ceilings, Leinberger is dressed for anoth- sumer culture--the mMls-and-movies tied much of their employees' compen- er day at the office in impeccable jeans scene." During the vacation, with no sation to performance, then built an and well-shined cowboy boots. He premeditation or calculation, they extevsive weekly rer~mn~, ~v~tom dJ~- looks suspiciously like a man who--in decided to move. "The only thing we _t~buted by fax an_ct E-mail, all of which · -': -112 Forbes ASAP ~ B~"AK]NG AWAY allows them to stay on top of existing only an hour/rom his firont door, so he in Santa Fe. One of Leinberger's biggest and upcoming projects without having can quickly be on his way anywhere he problems is maintaining contact with to gather in some central location. Santa needs to go~ and there is _cellular phone co-workers, building the kind of cama- Fe and LA are equally in the loop. coverage throughout the Santa F~ radene that comes with the serendipity. This original concept of a fairly loose region. "I couldn't survive without of water cooler conversation. Part of coraederauon held to~ether bv mdi'ad, this," he says, pulling his flip phone out that necessary~t is provid- tml initUative and resnonsihilitv laid the of the pocket of his leather jacket to ed by a heavy travel schedule. In the groundwork for Leinberger's great answer a client call. upcoming week he will spenc[ days in escape. ".,You sUmply can't be a control After he finishes the call he says, . Las Vegas and Los Angeles, returning keak to rnTake this work," he says. "Yo~ rather mourn/ully, "It looks as if I'll home each evenin~ one day in Santa Fe cannot rmcromanage by long distance, have to stay in New York a little and then two days in New York. From Unless you can successfully delegate, longer than I expected next week.' Per- there, he will fly on to St. Petersburg, this approach won't work." haps the hardest thing about doing Russia, where he'll spend a week trying Leinberger mentions two other cru- business in paradise is thatjrou can't to come to grips with the social, politi- cial elements that led him to choose _always stay put. ca/and economic chaos of that country. Santa Fe: the Albuquerque_airport is Of course, nothing is perfect---even "We're working with the govern- 114 Forbes ASAP BREAKING AWAY ?:...-.-.-. merit of the city to try and help them of the state~,~ital, located there since dog chases roadrunners through the privatize their vast landholdin~ and the i~:'~ ~6)~ [he intellectual scrub (presumably, Fido doesn't watch buildings," he explains, "stamug with ferment of the staff of the Los Alamos Saturday morning carroonsl. A pa~r of hotels to attract bnsinesspeople, then National Laboratory {an hour's drive horses--a dappled gray and a palorm. movmg on to commercial and industn- away}, 2,000 of whom live and wield no--glide around a corral, their breath at ventures. Then, with these revenues, thetr economic power in Santa Fe Court- white in the morning cb_il/. Once upon a they hope to improve their in[rastruc- ry. St~r in the amsts and writers, the time, gnngos used to ride their horses ture: roads, rail, pon and commumca- pueblo md/am and the landed Hispanic up the river through Indian land to the tions--especi~y communications." community, and the blending of cultures national forests. Now a wire fence is All this travel exact~ a toll--long and characters is truly cosmopolitan, stretched across the stream at the reser- abiences from home and a pending 'Tm an urban person," Lemberger vation's boundary. divorce are the most significant come- claims. "I love the crazy mix of people. This nearly invisible fence ,might quenCes--but it is a cost that might The only other places I might choose to just cut you in half if you were going well have been exacted by a demanding live would be Pa~s or the Upper West full tilt. But of all the boundanes th,at job had Lemberger stayed in Los Ange- Side of New York City. Santa Fe is the modem life throws up, it's one of the · les. And there is a growing likelihood most sophisticated little town in the few that Chris Leinberger hasn't man- ,..:=.:.::.... that as more compames and govern- United States." aged to leap. ment entities are dragged kicking and Sophisticated, yes, but a decidedly - scl~arni~g into the age of information little town nevertheless, lust beyond the [¢ffrey Young is a conmbunng editor to · · technology, the number of miles logged window by Lembergefs Work table, a Forbes. by executives like Leinberger will go down considerably. THINC~ ARE changing in Santa Fe, too, as the town becomes something of a Virtual headquarters for workers spe~ding longer pea'iods away flrrm their centers of operation. The result is a backlash of sons against interloping Texans, Manhattallites and CalffOrlli- ans. 3, battle between pmdevelopment forces allied with the mayor and a no- growth coalition auayed around the city commi~ioners has recently turned into an ugly spat replete with flaring tempers and public name-calling. For the moment, permission for water fights are hard to come by} hence, new building But efforts to pull up the drawbridge may already be too late. Santa Fe, a ..'ili' town of about 63,000 with a history .i.: :ii:.:.?i that stretches back to the 16th century, · now has more square footage of special- ty retail space than West Los Angeles, Georgetown or Cambridge, Mass. The town is also a major center of art sales in the United States. And there are :. dozens of restaurants, many of which serve a self-desctibed nouveile New ': Me.x/can cuisine: jalapaio Caesar salad, grilled tuna on a bed of beam, chile- · derived soups and so on. Santa Fe even has two symphony orchestras and a world-class opera, but there are pm:ions few food stores and hardly any shopping centers for the hoi poiloi- Santa Fe is saved/rom the single- -. Calif., and Aspen, Colo., by the presence i 16 Forbes AS.aW SPECIAL REPORT Home Where The table that holds Edmonson's IBM personal computer and Silver Reed typewriter is set lower than the other countertops-- making it much more comfortable for typing. A combined telephone and answering machine by Sony is her secretary. "When I leave at night, I turn on the machine and th~n I can forget about answering the phane," she says. Edmonson uses standard file cabinets to stay organized but .. mitigates their drab appearance by hiding them under counters where they are seldom noticed. townhouse canstrnctlon firm into a lO-f41ff~-12-foot home off,ce, she hired a designer and said: "This is the space you get. Now make it work." The result is an o~ce that melds fora and function elegantly. 68 MONE~Y.JULY 1988 the Office Better gear and .or c,osat ~.. changing life styles Edmonson's "junk"-- ~olor~watch.s. are making working materioisamplesand at your home more $opplle~oat o~ sight. Whitewashed oek popular--and more doors hide the bulky $3,200 Sevin copier, profitable too. An ousel prominently displays blueprints for by Robin Micheli townhouses that Edmonson and spouse Andrea Edmonson used to waste hours Steve Cox sell. every day d~ving back and forth from the townhouse she shares with t~er husband Steve Cox to the sales office of their resi- dential real estate development company The ~de Formica in Minneapolis. These days, she still occa- countertop gives plenty sionally jumps in the car to visit con- o/room to s~'~at out struction sites, but the hectic rush-hour blueprints and commute to her office has become a short construction plans. Its: walk down a flight of stairs. drculoroud piece :: Since setting up an attractive office (pictured at left) six months ago in what used to be the family room on the ground floor of their home, Edmonson has saved not only time but money. The transfor- mation cost $4,000 all told, but she and her husband no longer pay $12,000 annu- ally in office rent and insurance. And the The $800 Oriental rug move has even boosted business. When gives the office a cozy potential buyers visit, says Edmonson. ambience that puts "they stay much longer than they would prospective home in an ordinary office because it's so com- buyors at their ease. fortable. Our sales pitch is that we cus- tom-build homes for the way people live, and our house is designed for the way we live. It couldn't have turned out better." Your home office need not be as well appointed as Edmonson's to be just as functional. And you don't have to be self-employed for a home office to make sense. Whether you are selling widgets. bringing work home in a briefcase or just trying to get a better grip on your per- sonal finances, the right type of ~cme MONEY ' JULY '~' 6(} SPECIAL REPORT office can help you meet your goals, tion devices got smaller and cheaper." can crunch numbers, keep address files. More and more people are coming to Personal computers, especially the tap into remote computers, even publish that conclusion. The American Home venerable IBM PC and Appte's Macin- your own book--all with Fido at your Business Association estimates that 27 tosh, led the revolution. (For a complete feet. The simplest telephones come with million of us labor from home at least part report on home-office gear, see the article features like speed dialing and automatic of the time. up from 23 million just five on page 80.) Silicon Valley marketers dis- redial. And if you can forward your calls years ago. Says Julian Cohen. AHBA covered that the computer's real value from the office, no one even has to know chairman: "Working at home used to was not for balancing checkbooks or you are at home. Personal copiers, such · Carry a stigma. It's grown and gained playing Donkey Kong but for bringing as Sharp's Z-55 ($1.299), bring office- respect as computers and communica- the workplace into the home. Today you quality copying to your living room. And A singnlar thinker revels in solitude His Xerox fax machine links Kirk to a network of some 33 co-workers in the West. Kirk uses this Hewlett- Packard laser printer for documents and a HP color printe~ for ornate structural diagrams of airplanes. Soothed by the murmur of classical music on the radio, '1 get my work done without all the distractions of office chat," says Kirk. -Unhqce~ m°S~ empire-building entrepreneurs, Phil I~ffrlc was'- Kirk spent. I t year~ at Boemg Corp,~ 'burl~couldn't-stan6~. dispirited· wherr his commerci'al~aircraft consulting firm at- the politics ora. corporate culture," he, says; In 1975' he:quit~?. -tracted so much business that heneeded to hire help. Kirk, 46, and started an aircrafr consulting business- with four partners~i was ensconced in the solitary splendor of an office in the base- But it expanded too rapidly, says Kirk, and failed in the tai~ ment of his Redmond, Wash. home and had no desirefor corn- wind of an industry slump in the late'70s, -' party. "Hiring and managing employees is a hassle," he says. "[ Undeterred, Kirk set up a Iow-cost haven for his own entre,- just prefer working on my own." preneurial brainstorming-in the three-bedroom house Kirk compromised by hiring two employees and putting shares with his wife Elizabeth, 45.: Bom eight Years ago,, them four miles away in a downtown Redmond office. Daily Kirk & Associates should report revenues ot $500,000thii phone calls and occasional visits there keep him in touch. But year. Meanwhile,_Kirk has added four people to the Redm0.n, cr~ his business--designing low. cost' ways to modernize aging office who work on short-term contracts and has turned over commercial planes--generates reams ofdata. So Kirk's lifeline the bookkeeping to Elizabeth. Another 33 contract workers-- to co-workers is a $1,500 Xerox fax machine. "I couldn't al- many of them based in their own home offices--are scattered ford to wait hours for a memo, so it's Perfect," he says. throughout Washington, California and Arizona. The far- To solve intricate engineering puzzles, Kirk relies on his flung team communicates by phone and fax. $5,000 Haupauge computer while using a $1,300 NEC laptop Kirk begins each day religiously at 8 a.m., but quitting is not computer to jot notes on the go. A $1,700 Hewlett-Packard so easy. "When your work is just sitting right there, it becomes LaserJet printer for documents and a $1,500 HP Paintjet exceedingly difficult to stop," he says. "My wife usually drags printer for color diagrams round out the collection, me away at 8 p.m." ~Jeanne L. Re~d 70 ~40NEY.JULY i988 'Ir SPECIAL REPORT the new darling of the technology market, professional lives while raising children· that. The mother of two, ages 5 and 3. she the $1,000 home fax machine (see page Indeed, a survey by Thomas Miller, a runs a home accounting business with lit- 86), enables you to zip documents any- consultant for the New York City-based tie more than an Apple I14- computer where in the world for just the price or' a research firm Link Resources, found that and Epson printer. "I wanted to stay with phone call. two out of three home workers are in my children and work," she says. "This While technology has made the home dual-career households and more than allows me the best of both worlds." office increasingly viable, the changing half have kids under 18 at home. "These Those who toil at home cite other needs of workers and their employers people have to juggle to make all the benefits as well. notably increased pro- have made it necessary. Two-income pieces fit,"observesMiller, ductivity and independence. Says Clau- families can more easily maintain their Terri Pasquale of Denver can attest to dia CoN, editor-in-chief of Home Office Wiltshire is so accustomed to writing letters on her AT&T - ~= pe~sonoi computer fhof her typewriter is now obsolete. The IBM Pro printer works fine for leflers, but next on Wiltshire' s buy list is a primer -.~ Two years of working at .... home have made Wiltshire Y~ an expert at juggling he~ children and her secretarial .? chores. "We have the best :~ of both woHds," she says. -' :~a~alr ~liec rX~ ~~j~esses.two=tmttoa~a~l~er te e- · "'~AT&Tcompu ~=-.amlBM pnnter~_~t~ol~i~~ phonm. Whatmcoq~emdort tknow;.hnwever; ssthat the - manage his; ta,~ and:-trtvestment re,'~t'~s, travel ~~: : b0S~Franl~glr~:~tant to inter~ationat, oil and eh- correspondence;Thetwo meet °hilt thre~0mesa~ii~- :' '" ~ erg~compames, worr~.t~a~office 10 m,[e~awa¥.BothWtlt- erage when she ctrives over to dropoffdocuments. shire. 30, and Jungers~$2. operate from. their own home Now. with her husband working, during the cray..~tstiire ~ :,~ offices, connecte~onl-~t/~$56-a-month phoneline, performs a tralancing ac~ of a different sort. "There.~?Fi~s - -~,. The arrangemerit ~deal for Wiltshire-,-Who is married and when Molly i~ i~~ the bath,, the phone;i~'ringing anct~F'~ - ha~ two daughters. ~and~ Molly, e~ght months. When Express is ar the door.'~ says V~tshir~.~"That's.whem'a Sara arrived in 1954~ Wiltshir~ juggled child reanng with a hairy." Fortunately, Jungers ts on the road half the . full-time secretariat-j,6_~.~..minutes away.i~ downtown Port- ' ..... ' ' -' "'-" her some flexxb]lity. Ifldmlucky, thekidswor~tw~e~G: ~lit .-.. lahdzShe~ucceeded'0iit~"~n:ausehusband. Terry~a37-year- andlcando~mhour0funinterrUpt~'Ctw~rkfrom'6~3~t~ '~0 oIrt truci~, assembly v~ker-,worked thc night shift and took in the mornmgd, shcsays. But rstaclt filefolders on toll ca~e of tile. baby'durt~g~e day. Both longed for, her to be a . pnnter because it $ so n° sy..; ,~.~:.-. :;~.,,: :..:i:;- L,/ < :-..t~..-.?.~. full-time mom. But th¢~ ~iSUldn't afford to los~ her $19,700 Even with thc pressures ofrunningathree-ringcik~ _iIt- income--especially sin~6'they wanted another child, shire says she would never accept' a regular office Jungers solved the l~robl, em by offering Wiltshire a $13.000 Being w~th the children ts wonderful, she says. An~ffte job that Would allowhcr to-work at home as his personal secre- morning tts race to answer a business call when I am stilgiri-~ ~ my tary. Beginning in April- L986, a room in the couple's three- fuzzy slippers and robe." ' '" MONEY,JULY 988 SPECIAL REPORT Computing (which. significantly, started la carte. "It's usually the highly skilled nal (see page 80) to pull in up-to-the- out in life as Family Computing): "Kids ones who are sent home," says Julian Co- minute stock quotes and WarMachine of the '60s saw that they could make hen of the American Home Business software I$1,200) to do a continuous things happen. Now they say to corpora- Association. "Cost cutting has given technical analysis of them. Now he tions, 'If I can't do it with you, I'll do it mybirth to the home-based consultant." spends weekdays managing a six-figure own way.' These people want to have Of the entire home-work population, investment portfolio while working in the greater freedom, avoid interruptions and Cohen estimates that almost half, or 13 emergency room only on weekends. "I get more work done." Cohl herself eh- million, derive their main income from a can program my computer to collect data dorses flexible work styles: one of her se- home-based business or profession, an- even if I'm not there, so I'm not chained nior editors telecommutes, working from other 10 million take work home from a to it," he says. Churners hopes to phase a converted barn in Massachusetts and regular job, about 3 million work in an of- out of medicine entirely within five years. communicating with other staff by rice but run small businesses on the side. The desktop publishing industry, would phone, modem and fax machine. He and 600,000 or so telecommute, not exist without low-cost laser printers shows up at the magazine's New York But no one says you have to earn wages (see our suggested setup on pages 82-83). City office only a few days a month, to set up a home office. The business of But if you aren't putting out a newsletter, Not all bosses would be comfortable running a household and managing in- you may want the latest wrinkle--a with that arrangement, but employers too vestments can be reason enough. Some- desktop scanner. With the Canon IX-12 can profit from the home-office boom. times, you may even be tempted to ($945 plus $245 for an interface board). Managers have found they can save on oi'- change careers, That's what happened to you can capture images from photos and rice space and benefits by turning some Dr. Hillard Churners of Chicago when he drawings and insert them in any docu- workers loose and buying their services ~. equipped his home office with Lotus Sig- ment using Aldus PageMaker ($795 for breaks fromyour home office Beside~ affordin~i comfortable place to toil; your home Office trash collection and the like. You can even depreciate the' can saveyoura bundl~'o~taxes----Providid~thalryou:plan care-- space allotted to your office. Such household deductions ar~ fulIy to meet the IRS"recently toughened-up requirements, allowed' only up to the mount of net income you earn from~ TheIRS allows deducfiOnsfora:hom¢officeonllrifyouuse yourbome business. Butshould yourlOsses exceed your gains_ it exclusively and regularly for business~.'?Exclmively'"'means', in any particular year. you may carry them forward to future tha~ the area--whether it bea single de.s~a room or'an entire years in which you earn enough at home to balance them. floor--is used~- onll~ f'o~work' ~.~,' ?:-';:: '9~?~ ' ..... '. ' ' Office equipment can be an- and. for nothm8~, elsa. You.can- :~; .-' ~''''~ ..... other source of tax br~ks. An~t' not sleep or watct~ T~ there;.un ........ since hardware', is.. considered a~ les~ those are required by your direct busines~s expense (unlike~:I job. "Res~larly" ~loosely de-- - household cos~,, whictt are in~4 t~nect but probably mean~ you ::' -.' "direct), a loss-here can be labor there about thr~ to four to offset any income. Il'you rur~'I tim~s a week for 10 to 12 hours your own business, you can de-- in total. And "business" means duct up to $[0,000 a year for a you must have shown a net The IRS says your office must he cz well-defined space, computer, fax or copier, or de- profit in at least thr~ ofthe last preciate them over five years.. five years, or else it will be considered a hobby. Be warned, though, that should you ever sell your home, the If you are runnin8 yourown company from home, you most office' could become a liabilitY. Normally you can avoid capi- likely meet those standards. But what if you are just'bringing tal-gains tax on the profit from such a sale by rolling it into the' work home from the office? You may still be able to write off purchase of'your next house. But if you take home-office your eipenses if your job requir~ you to do this--and if you ductions that year, you are required to pay capital-~ains tax can show the IRS a memo from the boss stating so. a fraction of the profit equal to the proportio~ of household Once you pass the tests for a write-off, calculate---either by expenses you deduct. To avoid this, simply convert the office square footage or number of rooms--what fraction of your back to personal use before the year of sale. home the office occupies. You can then deduct that fraction of Finally, since home-office deductions' may flag your return household expenses, such as mortgage interest and property for an audit, Julian Block, attorney and author of The Tax- taxes (these are deductible anyway, ofcourse, but you have to l~ise Il/ay to Buy, Own and Sell Your Home (Prentice-Hall}, assign a portion of them to your business in order to take the advises you to consult a tax professional, keep scrupulous fcc- other write-offs), rent, utilities, major repairs, maid service, ords and follow the law to the letter. --R.M. ~4 MONEY-JULY 1988 · I' SPECIAL REPORT FOCUS OH There's no need to rush otto and buy a · · · fax--until the first h-Y eld n client asks for gstocks gyour fax number. the IBM PC, $595 for Apple's Macin- tosh). Add a program like ReadPdght ... ($595) and your scanner can read typed documents directly into memory-- I Conservative Stock Approach aaV°idingmanuscripth°urSarrives°f tediOuson paper.retyping when Not every home office must bristle IMPRESSIVE RESULTS!~ Fidelity Equity- with such gear. James Velson of New York City simply perched an Epson Eq- V~lue on 3/31/88 of hlstorieml Income Fund has uity III + computer on a board over two $~ooo ~.ve,~.~: followed an income- r~e cabinets to turn a childhoOd hobby $61,997 managed approach intoa business buying and selling toy sol- dierS that now has a $ I million inventory. since1966, empha- The trick is to choose the fight equipment sizing dividend and space. Here are some suggestions: $~9,~ paying stocks for First, check the local zoning regula- $~Z~ income and the tions to make sure you won't encounter problems from the city. Next, select a potential for 1 YEAR $ YEAR 10 YEAR tou~- space to work in. If you want a tax deduc- term growth, tion, devote a well-defined area solely to By investing in the office (see the box on page 74). Then lay in some reliable equipment. income-producing Agood phone, a second phone Line (or stocks Equity-Income Fund has delivered impressive long- can-waiting service) and an answering term returns over the last 10 years, as the chart illustrates, machine are essential if your business de- Of course past performance is no guarantee of future pends on making or taking calls. You'll also want a computer or dedicated word .': results and the fund's sha~ price and return will fluctuate, so processor (see the PC/AT clone on page · that you may receive more or less than your original invest- 80). Besides generating letters, reports, fi- '' ment when you redeem, nancial allaiyses and the like, the com- ~-i tReturns include change in share price, reinvestment of dividends and capital ~irr% andthe puter can organize your life with an ·: "" effects of the 2% sales charge. Average annual returns for 5 and I0 years (periods of rising inexpensive desk manager like Take stock prices) assume a steady compounded rate of return and are not the Fund's yeax-by- Charge! ($100). This program serves as year results, which varied, your appointment book, address book, phone dialer (if you have a modem), · notepad, calendar, calculator, and even alarm clock to get you up in the morning. : After that, your choices depend on ! your task. Morris and Edna Goldberger ' FidelltvEm,ltv-I worked as children's book publishers ~ ___ _., _.,_.., _ncomeFund.For more complete from their Nutley, N.J. home for two information, IncludTmg management fees and expemes, call or write for a years,before they tired of running out for free prospectus. Read R c~ be{ore you invest or send mon~ Fidelity, copies and bought a Sharp Z-70 copier Distributors Corporation (C, eneral Distribution Agent), P.O. Box660603, ($1,599) instead. An unexpected bonus, Dallas, TX 75266-0603. says Edna: "We don't have to buy two In Massachusetts, call collects617-523-1919 copies of the Ne~ York Times for both of ~yJ~ us tO do the crossword puzzle." Fidelity Investments - · ~- 2 ~"~ CODE: MONY/EQU/070188 78 MONEY' JULY 1988 As to fax machines, experts agree that you don't need to rush out and buy one yet--at least not until your first client asks for your fax number. "Just say the fax is out of order and then rush out and buy one," advises Julian Cohen. One pos- sibility: the Medbar Port·fax III (pic- tured on page 87), which is light enough to go on the road, if your job requires it. If you buy expensive hardware, make sure it's insured. Most homeowners poli- cies don't cover items used for business, so ask your insurance agent about an mci- 1. Did you know a four year college I'-'-]YES NO dental business rider or a small-business education could COSt over $100,000 ] ] policy. (An Aetna rider, for example, by the year 20007 costs $8 per $1,000 of coverage annually.) YES NC) It might also be wise to inqu/re about ii- Z.Do yOU have a plan tO save for [-'-] [--'] ability coverage if you bring clients to yOur chlldrelq'S education? · . your home, since if one of them falls and ~ breaks a leg, your home policy won't pay. 3. Do you know the way to combine ¥~s In spite of the many joys of working at locked-in returns, growth potent/al home, perhaps in your bathrobe or on ·lid guaranteed security? your sun deck, there are disadvantages. Some people won't take you as seriously For some answers, send in the coupon as you would like, so train your kids not to below. Find out about Monarch, the number answer the phone or to do so in a busi- one Variable Life insurance program in America.* nesslike way. Arid make sure the address You'll get answers today to the questions you on your stationery, cards and envelopes' does not betray the fact that your office have about tomorrow. ~> doubles as your residence. Mom~rcb Life polices are avatlsbl~ through stockbro&~rs, i~ura~ce To be effective at home, yOU will also agents and investment advisors who are licensed to offer them. need discipline--both to get down to business in the morning, and to stop at Ca,il toU-free 1-800-468-6686 night. A more personal consideration, ..------------------------, but not one to take lightly: many work-at- home people feel severely isolated when .' able Life insurance. Enclose free prospectus containing all they first cut loose from a big office. You _~ charges and expenses. I will read the materials carefully before will need to cultivate the habit of arrang- I I invest or send money. · lng lunches, visiting clients and keeping ! Na=e . in touch with the grapevine. I city st~,, ~ip - Perhaps most important, make sure ! a,,ji~n:o=~ ~ome~o~ I your home career will go smoothly for the ! ~-~{e ~ [_ :. .... entire family. Spouses and children I Broker Amountav~fl~bletoinvzst should understand not to interrupt when I I you're working, but you must consider I Monarch Resources, Inc. ] ~.l~,.~o,~., w~,. their needs too. Thomas Miller finds this , ............... I ~ ~,~,~, .~. ~...,=¢, co=~,,y. · ' one of the most rewarding aspects of e New York, NY 10017 I Sprilagflel{i. MA. and ar, distrib.~ i home employment. "It's nice that my kids ,~ 1-8OO-468-6686 I ~,~.o..~ ~.~:=,=. . j see what [ do," says Miller. "It reminds I I tm=-~?~-m · -, me of old-style farm life." Moreover, as ~ anyone baffled by the convoluted instruc- tion booklets that come with those new "' electronic gadgets can testify, it helps to have a kid around when you need one. "I had to figure out how to install my fax phone and program my computer," says Miller. The solution? "My 12-year-old matters j_u're it what worth tomorrow. son David did it for me." $ Monarch Resources is a subsidiary of Mozlarch Capital Corporation, New York SWck E~c'h~n~e:, symbol MON. MONEY.JULY 1988 AMERICAN PLANNING ASSOCIATION When Home Is Definitions and Permits Where the Business Is P~ano, Texas. defines a home occupation as "any activity carned out for gain by a resident which results in the manufac- Before the Industrial Revolution. it was common to work in ture or provision of goods and/or services and is conducted as one's home, and most neighborhoods were mixed-use dis- an accessory use in a dwelling unit." The Mount Prospect. tricts. Times have changed since Renaissance artisans made Illinois. ordinance says. "A home occupation may include a shoes on the first floor and ate and slept in the back or upstmrs,for-profit home business or a home office for a resident w'ho The old practice of traveling a few feet to work, however, is not may work for another employer, or contract or consult w only still alive but gaining in popularity. Office workers are another company or individual." The term "cottage industrY" using personal computers and modems to stay out of traffic is occasionally used. but can be confusing since it implies a jams and the early morning scramble for break[asr and bigger enterprise than most home occupations. clean socks. Artisans are still at home sewing and Some municipalities control home occupations by requirin~ repairing clothing, baking bread, or building permits. Bellevue. Washington. has three types. Class 1 cabinets. Even traveling salespeople may perrmts are for occupations with no external indications that use their homes to set up appointments the building is more than a home. Class 2 permits cover and update their books, service businesses with external indicators such as signs or Workers producing from marked delivery, vans. Class 3 permits cover family day care dens and basements can help centers. People who want a class l permit merely register to solve some knotty land-use the city. but other permits require an approval process. problems. For instance, they are The Schaumburg, Illinois. ordinance requires a ~pecial staying off the highways during permit only when there will be more than one home peak hours, contributing to neither occupation on the site, or if the business involves food traffic tie-ups nor auto pollution, handling or the care and treatment of humans or Instead. they boost the daytime animals. The ordinance requires that all home occupa- population in areas that might need a few tions be inspected yearly for compliance. more eyes on the streets. Finally, home workers often provide services, such as day Lists Versus Standards care or dental care. that neighbors may be All ordinances restricting home occupations are glad to have nearby, intended to prevent them from becormng nui- sances. This is not easy because different Drawbacks occupations become nuisances in different But home occupations create problems, ways. Some generate noise and no traffic, others generate too. Some generate a steady flow of traffic, traffic and noise but no fumes, and others are a problem causing parking problems and endangering only occasionally. The zoning administrator must write an children playing in the area. If too many home ordinance that protects the neighborhood while being businesses require signs, or if proprietors store flexible enough to allow a myriad of appropriate home goods outdoors, the area's residential nature may uses. change to that of a commercial or transitional For years, zoning administrators used the laundry list zone. An operation that began as an asset to the approach. Zoning codes named permitted occupations-- neighborhood could outgrow its space before the writing, typing, and selling insurance--and those not owner realizes it. For instance, expansion of a permitted--repairing autos, practicing medicine, or running neighborhood catering service could mean more a bed and breakfast. With the advances of technology and the delivery trucks, parking spaces for clients and unlimited imaginations of those who want to work at home. employees, and extra demands on the utility system, this method no longer works. Ordinances now set standards Local governments may also be concerned about describing how large a business may be and how it will losing tax dollars because property in commercial affect the neighborhood. Ordinances that combine both districts is taxed at a higher rate than that in residential methods are primarily based on the standards. However, areas. This raises the question of fairness to other they are also likely to list several occupations merchants and business owners in the community. An that clearly have little or no impact. These towner who does not have to pay extra rent or property might include telephone sales, free- taxes has an advantage over competitors in a commercial lance writing, or data entry. Another district. In Canada, tax laws allow local governments to tax list might cover problem occupa- the portion of a house devoted to a business at a higher rate tions, those that will not be permitted than the rest of the building, under any circumstances. This could include beauty parlors, dance studios, or mortuaries, may be considered a sale. and Avon salespersons are also m the business of selling. But the home should not become the Standards local branch of the nearest department store. Piano solves thi~ Ideally. an ordinance should be flexible enough to let an by barnng the display of merchandise on the premises but owner incubate a small business, but firm enough to push a allowing incidental sales. The guitar teacher may sell a full-fledged enterprise into a neighborhood commercial zone. workbook to a student, but she cannot open a music store. One way to do this is to limit the percentage of space in the Plano also lets a business owner fill telephone orders and g~ e home that can be dedicated to a business. While this customers Tupperware ordered at a part,,,'. Schaumburg maximum is usually' 25 percent. Plano, Texas. allows 20 permits the sate of goods produced on the premises. percent, and Fairview Heights. Illinois. allows 25 percent up Zoning ordinances generall> cover trucks, both those to 300 square feet of floor space, owned b> the home business proprietor and deliverx ~e- William Toner. in Planning for Home Occupations (PAS hicles. Schaumburg is vehement in restricting delix ene~: Report No. 316). points out that this limit on floor space can "There shall be no commodities sold or serx ~ces rendered cause problems. For instance, children at a family da,,,' care that require receipt or deliverx of merchandise, good~. center will probably be permitted in most of the house, and equipment by other than a passenger motor x ehicle or professionals might want to hold group meetings that take up a parcel or letter carrier mail service using xehicle~ t.x picall.\ lot of space. In his report. Toner suggests ways of developing employed in residential deliveries. No deliveries b5 ,emm- a time-space ratio. This could be hard to administer, however, tractor/trailer trucks are permitted." Thus. it ma.,,' be better for the zoning administrator to recog- Piano prohibits trucks with business signs from bem,z nize the ordinance's purpose and make reasonable exceptions, parked on the street or within 30 feet of the curb. Eau Claire Another common limit is on the amount and type of says that business vehicles cannot be bigger than a pickup business-related material that may be stored. The home is not and must be parked off the street. to be a warehouse, and neither the residents nor the Schaumburg and Plano require that parking need> be neighbors should be exposed to the dangers of hazardous, accommodated with off-street spaces or along the front or' the flammable, or explosive material. Mount Prospect allows a lot with' the home occupation. These ordinance,, also specit'.~ home business owner to store up to 100 cubic feet of that traffic shall not be increased beyond the amount inventoD' indoors, about enough to fill a closet. Bellevue. normally generated in a residential area. This specification Washington. like most other communities, prohibits any ,,'ague and may be difficult to enforce. outdoor storage of materials. Zoning originated to protect residential areas from the If the ordinance's primary, concern is to protect a residential pollutants and irritations of factories. Home occupation neighborhood from becoming a commercial district, the ordinances should continue this tradition b.~ forbidding the standards regarding a building's outside appearance are use of toxic materials and by discouraging the home particularly important. Some ordinances, such as those from occupation from becoming a nuisance. The Fairx ie,a HeIght,. Bellevue and Mount Prospect, forbid signs and any other Illinois. ordinance states that there shall be no offens~x e indications that a business is being conducted behind the front noise. ~ibration. smoke, dust. odors, heat. or glare spilling door. Other municipalities, such as Eau Claire. Wisconsin. over the property line. Mount Prospect also prohibits '2? limit the owner to one sign. no bigger than one square foot. television, radio, and electrical interference, and fire hazard~. mounted flush against the wall or visible through a window. .... The sign may not be illuminated. Rural Areas .~' Piano prohibits alterations that detract from the building's The standards for home occupations in less populous area, ~' residential nature. Schaumburg. Illinois. does likewise, and should be less strict. Fewer neighbors feel the impact~ of ~ also prohibits an owner from building a separate entrance increased traffic, noise, or vibrations. An e~en more jest to accommodate the needs of the business, important reason for relaxing the rules in agricultural area, ... : Standards also usually limit the number of outside has to do with the local economy. Famil> /'arm o~ner~. employees who can work in a home. A few ordinances, such of whom rely on supplementary income, may ~ork at home -~ as Eau Claire's. limit business employees only to immediate in order to stay ahead of debts. Also. if the closest to,x n family memberg who live in the dwelling. A better way to more than a fe',~· miles away. the rural home w'orker can ,~'rite this would be to omit the mention of family members, provide necessary services locally. limiting employees to members of the household, whether While most urban home occupation ordinances prohibit blood kin or not. This is more in keeping with the law's animal hospitals and kennels, this use is more appropriate purpose and protects the administrator from having to define the country. Rural areas have enough space to accommodate "immediate family." the odors and noises, while atlo~ing the animals enough Other communities, such as Bridgewater. New Jersey. room to exercise. East Earl Township. in Lancaster Count~. allow up to two employees, while Plano. Texas. allows only Pennsylvania. also permits butcher shops, a dry goods ~tore one. Plano also defines an employee as one who "receives a with a limited display area. and shops for metalworking. wage. salary, or percentage of profits directly related to the woodworking, and craft manufacturing. home occupation." East Earl attaches a few standards, hob'ever. For instance. A key concern with the ordinance should be to limit traffic only one building may be used to house the business, and on15 and prevent residents from having to compete with business 2.400 square feet of floor area may be devoted to the busine,,. employees and customers for parking places. Besides limiting The business space must be separate from nonbusiness space employees, this can also be done by limiting sales. It is in any building larger than 2.400 square feet. The ordinance probably impractical to forbid any sales from taking place at prohibits outside storage of products, equipment, and ~uppl~e,. the residence. After all. any exchange of sec'ices for money and requires that the business owner live on the property 2 ordinance also allow's bed and breakfasts in single-family units. This plan has also been rejected because tt detached units. (For more information about bed and accompanied by' a preserYation plan. ,reakfasts. see Zoning News. December 1989.) TrUmp's attorneys, however, have ~tated that the request for a preservation plan is unusual and unnecessary. The,,' Enforcement hame also noted that. since both development proposals By definition, people working at home are hard to find. comply with the zoning regulations, there is no legal reason Rather than populating commuter trains and busy' to oppose them. Although they have threatened to sue. no downtowns, the`` are tucked au, a? in dens and u, orkshops, legal action had been taken by mid-Notember. Despite a Often. this is not a problem. If the primary purpose of the tov~n council ina ~tatton to do so. Trump also has not home occupations ordinance is to limit nuisances, an owner submitted his plans m a more acceptable form runmng such a quiet ,hop ih probably in compliance with National historic presersatlon orgamzation~ hame backed most of the ~tandards. the local critics. AA ho perceite a lack of concern b? Trump The most effecti,,'e enforcement often comes from irate for the historic and aesthetic ~mportance of .Mar-a-La?. Thc neighbors. Mrs. Jones. ,xho has had it with the noise from National Trust for Historic Pre,,er`` ation has de',crtbed the Mr. Smith's woodworking tools, calls one cit.,,' department plan as "ill-considered and insensitise." But a ,mall number after another until she reaches the zoning administrator, who of sympathizers point out that neither the state nor the federal informs Mr. Jones that there is a code and that he is in gosernment can bear the expense of ~upportmg the ca,tie. ~ iolation. Mr. Jones may' be required to apply for a permit and the to~,n '~ould benefit from the increased tax ba,c the for his operation or. if he has a permit, to comply w ith the deselopment would create. With Trump a!read.~ pa> mg ~tandards before it can be rene,~ed. 5300.000 ?earl.', in property taxes, hosseter. Palm While this ad hoc method of enforcement probably' works ~eems unmosed by such concerns. F D better than any other, there should be an effort to educate the public about home occupations, if only in the interest of good ,~ill betv, een Mrs. Smith and Mr. Jones. Mount Prospect de~eloped a flyer written in plain language that defines home lhe Ongoing Battle occupations and lists the standards. It is available in the lobby of Gettysburg of the city hall. Zoning administrators should also consider sending press releases to local newspapers and distributing A zoning battle is brewing over proposed neat deselopment, pamphlets through ci,,'ic organizations, near Civil War battlefields in Gettysburg. Penns``lt ama. The C.K. biggest controversy is over a proposed shopping center that would interfere with vieu, s of the battlefields from the t~k~. n of Benner's Hill--many of which remain virtually unchanged since 1863. Preservationists Play Since a Wal-Mart discount store opened earlier th~ ?ear. Their Trump Card pressure from developers has grown. One developer has proposed a 320.000-square-foot shopping center that would Donald Trump's latest real estate deal has produced a abut the battlefield. Proposed for a 75-acre site. the Mark firestorm of controversy in Palm Beach. Florida. The battle Development Company's Gettysburg Commons would lines have been drawn over the New' York developer's plans feature 25 to 30 stores, a cinema, and 1.900 parking spaces. for Mar-a-Lago. a lavish Mediterranean-style castle built in Some of it would fall directly within the 12.000-acre 1927 by cereal heiress Marjorie Merriweather Post. Trump federally protected Gettysburg Battlefield Historic District. bought the castle and estate in 1985 for $5 million, in a deal which encompasses the 6.000-acre Gettysburg National much heralded at the time because Post had spent $7 million Military Park. According to a historic preser``'ation official in to build what is now viewed by many as a white elephant. Adams County. this development has not won approval. Trump. now in financial straits, plans to recoup some of his Gettysburg Borough and the surrounding townships ha~e losses by subdi,,'iding the 17 acres surrounding Mar-a-Lago long been at odds o``'er the nature and amount of develop- and building eight luxurious single-family houses, which he ment that should be permitted, with some municipal officials hopes to sell for $5 to $7 million apiece, contending that the economy has suffered because of Both Trump and his advisers apparently failed to recog- attempts to keep the park pristine. Developers sa,',' that nize the significance of the castle's status as a National preserving the park by discouraging growth in adjacent sites Historic Landmark and ha~e been taken aback by the is too high a price to pay when average annual income in the formidable opposition mounted by the Palm Beach Land- county is far below' that of other counties in the eastern half mark Preservation Foundation. Although final approval of of Pennsylvania. any development rests with the town council, the Preserva- According to the Baltimore Evening Sun. Richard H. lion Foundation makes strong recommendations that carry Schmoyer. planning director for Adams County. believes that real weight. Palm Beach has a tradition of conforming to protecting the views ,throughout the park may be jeopardizing strict design guidelines and protecting its historic buildings, the entire area's economy. U.S. Rep. Peter H. Kostmayer. On August 14, the foundation disapproved the however, cosponsored legislation last year that would evelopment on the grounds that Trump did not present a significantly expand the boundaries of the military park and preservation plan with the development plan. The town its buffenng zone. stating. "We cannot permit the desecration council upheld the denial at its October meeting. In the of one of the most hallowed sites in America. There are meantime. Trump had submitted a different proposal for a plenty of places in which to build shopping centers, but planned unit development incorporating 10 single-family allowing one to be built within sight of the Gettysburg CITY OF NEW HOPE MEMORANDUM DATE: December 3, 1993 TO: Planning Commission Members FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Miscellaneous Issues 1. November 8th Council Meeting At the November 8th City Council meeting, the following planning cases were approved, subject to the conditions as recommended by the Planning Commission: A. Planning Case 93-34, Request for Variance to the 35-Foot Rear Yard Setback Requirement, 8309 Northwood Parkway, Richard Kleinbaum, Petitioner B. Planning Case 93-35A, Request for Rezoning from B-1 (Limited Neighborhood Business) to B-2 (Retail Business) Zoning District, or Code Text Amendment or Conditional Use Permit to Allow Graphics Businesses to Locate at 7811-7821 62nd Avenue North, Oliver Tam/Tam's Family Partnership, Petitioner The City Council agreed with the Commission, interpreted the definition of "professional office" to include the graphics business, and approved a conditional use permit for the business at that site. The Council tabled Part B of the request regrading the laundromat/drycleaning (including processing) business and this will be considered by the Commission in December. 2. Purchase of 5009 Winnetka Avenue North At the November 8th meeting the City Council authorized the City purchase of the property at 5009 Winnetka Avenue North for redevelopment. The site currently contains an older single family structure which is vacant and deteriorated and the City is directly negotiating with HUD to acquire the property. The City has received state MHFA and federal HOME grants which will be used to acquire the site, demolish the existing structure and construct a "specialized housing" duplex for sale to handicapped Iow/moderate income New Hope families. Once the sale is accomplished the City will seek a rezoning on the property from an R-1 to R-2 zoning classification to accommodate the construction of a duplex. See attached information. 3. Gethsemane Cemetery Fire Protection Plan for Phase I Improvements On September 13, 1993, the City Council approved the request for a Planned Unit Development Conditional Use Permit to allow construction of a mausoleum and office building, and various site improvements at Gethsemane Cemetery, subject to a number of conditions that would be incorporated into a Planned Unit Development Agreement. One of the conditions listed under the Phase One improvements was that a "loop watermain and two (2) hydrants to be installed o~r buildings to be sprinkled, in conjunction with construction of office building and mausoleum", per the recommendation of the Director of Fire and Safety. At the Council meeting, the cemetery representatives stated that they would prefer not to sprinkle the mausoleum for aesthetic reasons and due to the fact that the structure was to be constructed of stone and concrete. The City Council did not eliminate this condition from the approval and cemetery representatives stated that they might conduct research on other mausoleums to see if they contain sprinkling systems and bring that information back to Council. Cemetery representatives requested to appear before the City Council in regards to this issue November 22nd and presented the enclosed information. The Council voted to delete the building sprinkling requirement from the CUP due to the fact that it was a discretionary rather than a mandatory code requirement and the PUD Agreement will be amended accordingly. Sprinklers may still be required in future phases of the development. 4. Sunshine Factory Temporary Deck CUP In April the Planning Commission and City Council approved the request for a conditional use permit to allow a temporary outdoor dining facility at the Sunshine Factory at 7600 42nd Avenue North. The approval was to allow the deck to remain in place from May through November for outdoor dining purposes. In October the petitioner requested that the deck be allowed to remain in place year around. Due to the fact that there have been no significant parking problems, that the shared-parking agreement will remain in place and the fact that the petitioner is in the process of pursuing parking options on other nearby properties, the City Manager administratively approved a change revising the original approval from a temporary to a permanent deck. The City will continue to annually review the CUP and reserves the right to contact the owner and insist on the resolution of any problems that may develop, 5. Codes and Standards Committee The Codes and Standards committee met in November and will be meeting again in December on the following issues: A.) Gas Canopies - Survey information has been completed by the Building Official and a preliminary ordinance has been drafted (see attached). The Committee will now work on signage issues prior to an informational meeting with owners of gasoline service stations. B.) Front Wall Si.qns - Work is proceeding on the front wall sign issue and a report should be ready in January. C.) B~I Zoning District Uses - Discussion is proceeding on expanding the types of permitted and conditional uses allowed in the B-1 Zoning District (see attached report). 1 REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager Other Business Kirk McDonald ~) 11-8-93 Item No. By: Management Assistant By:~// 12.1 RESOLUTION' AUTHORIZE'~'G THE PURCHASE OF 5009 W1-N2qETKA AVEN-UE NORTH (IMPROVEMENT PROJECT NO. 505) The enclosed resolution authorizes the acquistion of 5009 Winnetka Avenue North from the U.S. Department of Housing and Urban Development (HUD) under the Direct Sale to Local Government Program. Staff has been working toward the acquisition of this property for the past six months. In March the HRA authorized staff to proceed with the purchase of the property. In April the EDA approved a resolution authorizing the commencement of eminent domain proceedings to acquire the property. An agreement has finally been reached with HUD on the property acquisition through the direct sale process. The existing single family structure is vacant and deteriorated and acquisition by the City will include demolition by the Fire Department and construction of a "specialized housing" duplex for sale to handicapped low/moderate income New Hope families. The acquisition/demolition/new construction will be financed by two grants the City has received (MHFA and HOME) and with Community Development Block Grant funds previously designated for scattered site housing programs. The 1993 taxable market value of the property is listed below: Land: $19,400 Building: 31,200 Total $50,600 Continued MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ Improvement Project 505 November 8, 1993 Page 2 HUD appraised the property at $44,000 and the City's appraiser valued the property (vacant) at $27,000. The resolution authorizes the City to negotiate a direct sale from HUD for an amount not to exceed $35,000, plus reasonable costs associated with the purchase. It is anticipated that at a subsequent time the City would sell the property to the EDA for purposes of promoting affordable housing in New Hope for families of low and moderate income. Staff recommends approval of the Resolution Authorizing the Purchase of 5009 Winnetka Avenue North. RE~OLUTZON NO. 93-__ RESOLUTION AUTHORIZING THE PURCHASE OF 6009 WINNETKA AVENUE NORTH BE IT RESOLVED by the City Council of the City of New Hope as follows: WH~REA__~ the property !ocmted =t E009 Winnetka A'venu~ Nor[h (hereafter Property)~ is currently owned by the United States Department of Housing and Urban Development (hereafter HUD), and WHEBEAS, HUD bas instituted a program providing for the direct and private sale of HUD property to local units of government at or below fair market value~ and ~HERE~ the City of New Hope (hereafter City) is desirous of buying the Property and intends to subsequently sell the Property to the New Hope Economi~ Development Authority to promote ~ffordable housin9 /or people ~nd families of low and moderate ~ncome, and ) " WHERE~S, Minn. Stat. §471.5~ authorizes the purchase of the property from HUD by the City, NOW THEREF__ORE.. BE IT RESOLVED:. 1. That the City Manager and his staff are hereby directed to take a]] necessary steps and the C~ty Manager is authorized to sign all necessary documents including but not limited to a purchase aareement to acqutre t~e property at 5009 Winnetka Avenue North. 2. That the Property shall be acquired for its fair market va3ue but not to exceed $35,000.00 p~us reasonable costs associated with the purchase. Dated this 8th day of November, 1583, Edw. J. I::rick~on, Mayor Attest: Valerie Leone, City Clerk CITY OF NEW HOPE SYNOPSIS OF HOUSING PROJECT UTILIZING HOME AND MHFA GRANT FUNDS FOR CO-OP NORTHWEST COMMUNITY REVITALIZATION ORGANIZATION Project Need The City of New Hope has an abundance of affordable single-family homes suitable for purchase in first-time homebuyer programs and has always prided itself not only on its well-maintained housing stock, but on the diversity of housing types available to our residents. New Hope has financially assisted numerous diverse housing types, from multi-family senior complexes to the recent construction of a 26-unit handicapped accessible multi-unit complex. With the new 5-City Co-Op Northwest Community Housing Development Organization, the City now seeks to start filling another gap in diverse housing needs: single or duplex handicapped-accessible housing/home ownership for Iow/moderate income residents. There is a great demand for this unique type of housing in the first-ring suburbs. The City is proposing to acquire an available site with flat topography that contains an older vacant farmhouse, demolish this building and construct a handicapped-accessible duplex. The site is located on a major MTC bus route and would be ideal for families dependent on public transportation. Another problem in New Hope is that first-time homebuyers often purchase their first home without a realistic understanding of the cost of ongoing basic home maintenance. Therefore, our proposed program will dedicate HOME funds to the cost of training the buyers in our program about basic home maintenance needs and expenses. They will also be required to attend money management classes at one of the community colleges. Our project is targeting handicapped households in the 65% of median income range, which we feel is a group in greatest need of this assistance right now. Most households in the 80% median income range can qualify for existing mortgage programs for first-time homebuyers due to Iow interest rates. By taking the land cost out of the mortgage, we can make rehabilitated properties affordable to Iow-income housing. SITE AND BUILDING 1. The site is located at 5009 Winnetka Avenue North in New Hope, the dimensions of the rectangular corner lot are 159' x 128' and the site contains 19,200 square feet. The topography of the property is flat, drainage is adequate, and access to the property is off of Winnetka on 51 st Avenue North. The site is currently zoned R-1 Single-Family Residential, but it is anticipated that it would not be a problem to rezone it to the R-2 Single and Two-family Residential Zoning District, as the site is bordered on the north (across 51 st Avenue) by R-2 and R-3 properties. The existing structure on the site is currently vacant and for sale and the City is in the process of negotiating a purchase between the owner, the bank and HUD. The structure is an older 1.5 story home and was one of the original homesteads in the area. The home is in a deteriorating condition and to achieve the most economical and appropriate use of the property the City feels that the home should be removed. The City proposes to acquire the property, demolish the structure, and construct a duplex on the site for Iow/moderate income handicapped families. FISCAL INFORMATION The existing home would be demolished and replaced with a duplex. Estimated construction costs are $65,000 per unit (including garages) for a total of $130,000. Estimated acquisition costs are $45,000. The existing building would be demolished by burning by the New Hope Fire Department. Project cost estimate and financing sources worksheets are attached. The City was recently awarded a $45,000 grant from the Minnesota Housing Finance Agency through the Publicly Owned Neighborhood Land Trust Program and the City plans to purchase the properties in this project, applying MHFA Land Trust funds toward the cost of the land only, putting the property in a land trust by filing a ground lease on the property, and then leasing the land for $1.00 to the non-profit corporation for a 99-year term. The non-profit corporation will then lease the land to the homebuyer on a 30-year lease for $1.00. The lease will be administered by the CO-OP Northwest Community Revitalization Corporation, which will also be responsible for the general management of the property. Compliance with the lease requirements will be monitored by the City and necessary contracts with the non-profit corporation will be filed. HOME funds along with other City finance resources, including in-kind staff time, will be used for specification development, bidding, construction and inspections. Photograph Views Garage View Photograph Views II --~ A;'~ N ' ~ ':'i" ~ Ij '~ e~" I ilO. It ..-'~.. Iii.. J ~'~ ' ~ ' ~ ' r' ~ .... , ~KUPS(, )ADO ~ , - · ~.- ~ ...... ,-,- ~~ r -.;:~ ~ ~ .;.,~,:. .:~s~ AVE N ~ : · ~>- ~ ~ ~ '-': ~ ~ - ~'~''~ f~ uZ - - ~ ; ";: : C ~?' ~~.'~:22'~ ~Y !Z ~// !'~ ,~ ~d',,~. ~' ~ ' '~ - (:~'~%~ -~ .,'~ ~~~.~ .i~ ~w'~ ~ ~~J:~'~,{7~'~~~ ,..(,l,. J II I I IIII. I I I .. THE CATHOLIC CESIETERIES .. .\R(~HDI()CESE OF SAINT P.XL'L AND MINNE.\P()LIS , 242 ~AY-©N ~'v'ENUE SAwNv ~AUL MN :_-2' ;2 (612) 291-4533 November 15, 1993 Mr. Kirk McDonald Management Assistant/Community Development Coordinator City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 RE: Fire Protection at Gethsemane Cemetery Dear Mr. McDonald: At the Council approval of the Cemetery development plans on September 13, 1993, Councilmember Williamson raised the question about the apparently unresolved issue of building sprinkler systems, and asked if we planned to return to the Council to discuss the issue further. We responded that we intended to return after gathering more data to support our recommended approach. As you know, The Catholic Cemeteries, Archdiocese of St. Paul and Minneapolis, have consistently opposed the New Hope Fire Chief' s opinion that both the office and mausoleum need fire sprinkler systems; or as an alternative, a looped water system (to Winnetlca Avenue) with two hydrants in close proximity to the two structures. This letter and attachments will furnish rationale for the New Hope Council to affirm our position. Our Position: The uniform Building Code establishes a series of building conditions that set thresholds for requiring automatic sprinkler systems. Neither of the . Cemetery structures come even close to these conditions. The Fire Chief has the discretionary authority to require extraordinary fu'e protection in situations where he feels it is warranted. We object to sprinkler systems for several reasons. They are: (1.) not required by the Code; (2.) unwarranted from a "reasonableness" standpoint; (3) very costly ($16,000); and (4) difficult to design into the masonry and stone mausoleum. If sprinkler systems are not required, then a looped water main for extra fire protection also is not needed. CALVARY ST MARYS ST ANTHONY'S ~,:~ GETHSEMANE ASSUMPTION RESURRECT:C', Saint Paul Minnea¢oiis Minneapolis ':-~-~' New Hope New Hope Mendota ~e ~":-- Please consider the following points: (1) Of the four "indoor" mausoleums in the in the Twin Cities area (Lakewood Cemetery, Resurrection Cemetery, Forest Lawn Memorial Park and Sunset Memorial Park), none has sprinkler systems. (2) The office building has 2,000 sf of fl.oor area and the mausoleum has 2,830 sf - the equivalent of medium sized homes. The office will have 3 employees and occasional visitors. (3) The exit capacity of the 6 outside doors in the office building would meet the requirements for 1,350 occupants. (Section 3303- b). (4) The maximum allowed distance to an exit if no sprinkler system is used would be 150 feet (Section 3303-d). The mausoleum has a maximum distance of 40 feet and the office building 25 feet. We exceed the maximum exit distance by 3 ~ times for the mausoleum and 6 times for the office building. (5) We will have gatherings of less than 100 people in the mausoleum (most will be substantially less). By Code, the building could handle up to 405 occupants. The 4 exits provided would safely accommodate 1,200 people before a sprinkler system would be required by Code (Section 3303-b). In other words, we anticipate gatherings of 1/12 the capacity of the exits. (6) One or two windows in every room in the office building will be operable casement windows adding to the exit capability. (7) The structures are located approximately 125 feet apart and over 300 feet from the other nearest building (across Rockford Road). (8) The structures are within a block of the Fire Station. (9) A fire hydrant is located at the NE comer of Xylon and Rockford Road (350' to 500' from the structures) and a new hydrant is installed on the road between the two cemetery structures. (10) The cost of a looped water main and extra hydrant is approximately $34,000. The attached letters from: 1.) the architectural consultant for the Archdiocese, Bill Farnan, (2) the mausoleum design/build company, (for The Gethsemane Mausoleum) and (3) a local mausoleum builder, explain some of the above issues in more depth. 2 In summary, we are asking the City Council to determine that neither the sprinkler system nor the looped water main is necessary for the Gethsemane buildings due to compliance with the UBC, the type of building, materials used, the design of the buildings with multiple egress points, the extremely low building occupancy, the proximity to the Fire Station, the separation from other buildings and the unusually long and costly connection to provide a looped system. Hopefully, this can be placed on the City Council Agenda for November 22nd. Please advise if this is not possible. Sincerely, John M. Cherek, Director The Catholic Cemeteries Archdiocese of St. Paul and Minneapolis :dmn En¢. NOV 0 5 1993 V 'ILLIAM T. FARNAN A.I.A. · 2303 Fifth Street Whi e Bear Lake, MN 55110 (612)426-9312 November 1, 1993 Mr. Mark Salzman Sanders, wacker, wehrman, & Bergly 365 East Kellogg Boulevard St. Paul, MN 55101 Dear Mr. Salzman: I have made a thorough review of the Uniform Building Code regarding provisions relating to fire sprinklers for the types of buildings proposed for Gethsemane Cemetery in New Hope, Minnesota. The primary concerns of the code relate to life safety issues to protect the occupants of the building with the secondary concern being the protection of the property itself. In a general analysis, the office building is one hour fire rated construction with relatively little material available for combustion, and the mausoleum is primarily of concrete construction with granite and marble facing on virtually all interior and exterior wall surfaces, so again there is little material available to burn. Both buildings are widely separated from any other buildings, so there is little danger of fire spreading either to or from either building, and if a fire should ever occur, there is easy access to all sides of either building by firefighters and the buildings are directly across the street from the fire department. The uses of the buildings also do not indicate any need for sprinklers. The office building will not be densely occupied and any visitors to the building would be with staff members familiar with the building at all times. It will be a dignified atmosphere with no hazardous materials used or activities likely to cause combustion. The crypt areas of the mausoleum could not be sprinkled because they will not be heated, causing pipes to freeze, and obviously life safety is not a reasonable concern in this unique use. While the central gathering space is religious in character, it is not a church and is not intended for funerals, but only for brief interment services. Sprinkler heads would not only be unnecessary, but they would also conflict with the dignified religious character of the space. The specific code requirements that relate to sprinkler systems clearly are far from any conditions that exist in these buildings. The common habitable spaces of the mausoleum are approximately 2830 square feet including both the central gathering space and the four access corridors, we anticipate gatherings of less than 100 occupants, but using the strictest occupant load of 7 square feet per occupant specified in Section 3302 and including all corridors, would give a maximum of 405 occupants. This would require two exits (Section 3303). We are providing four exits with enough width to accommodate 1200 occupants (3303-b), nearly three times the strictest requirement. The office building would require one exit for the 23 occupants the code would anticipate. We are providing six exits with a width of 27 feet, which by code would be sufficient to safely accommodate 1350 occupants. In addition, the entire building will be at grade with numerous operable windows, so the danger to occupants seems to be extremely small. Section 3303-d specifies a maximum distance to an exit in a building with no sprinkler of 150 feet. The mausoleum has no point that is more than 40 feet from an exit and the office has no point that is more than approximately 25 feet from an exit. In conclusion, these buildings are far below any requirement for automatic sprinkler systems. The resources of the owner would be better dedicated to other uses than the expense of a sprinkler system when other design factors have so clearly provided reasonable protection of life and property. Please contact me if any additonal information would be useful. Sincerely, we 'll~am T. r~=~ AIA CC: John Cherek M_CF ARCHITECTS, INC, 6244 Crooked Creek Road * Norcross, Georgia 30092 * 4041447-9345 October 25, 1993 Mr. Mark Salzman SWWB, Inc. 365 East Kellogg Blvd. St. Paul, MN 55101 Dear Mark: This letter is in response to your question concerning my experience with the requirement of sprinklers in mausoleum construction. My finn specializes in the design of community mausoleums, and I have been involved in over six hundred projects in the last thirty two years covering thirty eight states. In all of these projects the requirement for a sprinkler system was involved in only three mausoleums. All of these mausoleums were very large multi-story projects with open atriums connecting an upper and lower floor level. The requirements for a sprinkler system involved only the atrium areas of the mausoleum. In no case have I ever been required to provide a sprinkler system in a one-level mausoleum. For anyone considering the necessity for a sprinkler system for the project, I would offer the following considerations. 1. This is a one-story structure with less than 3,000 square feel of habitable space. There are four exits, one on each elevation. At any point in the space a person would be within 50 feet of an exit. 2. The building is constructed of concrete and stone with a heavy timber roof structure. 3. The mausoleum is closed at night with no visitation. During the day there will be periodic visitation. When people visit a mausoleum, they are normally there for only 10 or 15 minutes. For the great majority of the time, there will be no one in the mausoleum. 4. The-mausoleum sits in the cemetery with burial gardens surrounding it. There is no danger to other structures. The cemetery is also very close to city fire station facilities. Mr. Mark Salzman Page 2 October 25, I993 5. It must be noted that this is a unique building type. Each person who purchases a crypt in the mausoleum is creating a memorial to their family. Every effort has been made by everyone involved to create a quite reverent space for honoring the deceased and creating the proper atmosphere. The structure of the mausoleum would make it impossible to conceal a sprinkler system, thus giving the interior a commercial/industrial feel with exposed piping; certainly distracting from the interior space design. 6. Finally, the reason the Diocese is developing this mausoleum project is to give another burial choice to the community. Any additional cost required by a sprinkler system would have to be passed on to the people of the community purchasing the crypts. I would ask that consideration for the use and type of this structure over the letter of the law be made in the final determination for the need of a sprinkler system. Please contact me if I can be of any further assistance. PLF/swc cc: John Cherek 4401 Xylon Avenue North Telephone: 612-531-5100 City Hall Fax: #612.531.5~, New Hope, Minnesota 55428-4898 TDD Line: 612-531-5109 Police Fax: #612-531-5 7 Public Works Fax: #612-533-75 October 22, 1993 Mr. Randy Rosengren Sunshine Factory 7600 42nd Avenue North New Hope, MN 55428 Subject: REQUEST TO AMEND CONDITIONAL USE PERMIT TO ALLOW OUTDOOR DINING AT 7600 42ND AVENUE NORTH FROM TEMPORARY TO PERMANENT USE, PLANNING CASE 93-07 Dear Randy: As you are aware, on April 12, 1993, the New Hope City Council approved the request for a conditional use permit to allow a temporary outdoor dining facility at the Sunshine Factory, 7600 42nd Avenue North. A variance from the City's parking requirements ordinance for restaurants was also requested and granted due to the fact that there would be a minor shortage of parking spaces based upon code requirements. Both the conditional use permit and parking variance were approved to allow a seasonal deck to be installed from approximately May through November for outdoor dining purposes, subject to several conditions such as no advertising on table umbrellas, prohibition of excessive volume on outdoor music speakers, and annual review by staff. You have made a request that the deck now be allowed to remain in place year around and I lia~¢ rcvi~wcd tlie ~-equest widx die City Ma~lagct', City Attorney, and Building O~ficial. It is our understanding that there have been no significant parking problems to date, that the informal .. shared-parking agreement with Oildyne will remain in effect, and that you are pursuing other parking options on nearby properties. It is the consensus of the City staff that as long as no significant problems develop there is not a problem in revising the original approval from a temporary to a permanent deck. It is our opinion that it is not necessary for you to pursue a formal amendment to the conditional use permit through the Planning Commission or City Council and the City Manager has authorized this revision in your CUP to be administratively approved. A copy of this letter will be inserted in the Planning Case File 93-07 to make record of the change. Family Styled City ~ For Family Living Ivlr. Randy Rosengren Page -2- The City will continue to annually review this CLIP and wi~ tine ~d~:~i 'ustrative change form temporary to permanent,the City reserves the rig?~t to cot'.tact tc discuss/resolve any problems that may develop as a result of ~is c~ange I as urne on-site problems that would develop could be addressed and mumall? ~greed u[~: ~ bs~ yOU~St if and the City. PLease contact me if you have any comments or questions. Sincerely, Daniel J. Donahue C:ity Manager Kkk McDonald Management Assistant/Community Development Coordinator KM/lb cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Planning Case File~ 93-07 Property File (7600 42nd Avenue North) GASOLINE CANOPIES P L N N G D N . M A R K E R E S E A R C H TO: Kirk McDonald FROM: Elizabeth Stockman/Stuart Roberson/Alan Brixius DATE: 3 November 1993 RE: New Hope Zoning Ordinance - Gas Pump Canopies and Motor Fuel Facilities Green Space FILE NO: 131.00 - 93.07 BACKGROUND In September 1993, New Hope approved a site plan for Uno-Ven Company. The site plan approval involved the Unocal station az Winnetka Avenue and Rockford Road. The development request was for the removal of existing gas fueling islands and their replacement with three new fueling islands with a canopy. In evaluating this proposal, City staff indicated that the City Zoning Ordinance lacked performance standards regulating the design and placement of gasoline pump island canopies. At the request of City staff, we have reviewed the City regulations and outlined the following ordinance changes to regulate gasoline fuel island canopies. Specific areas of regulation include setbacks, signage, height, lot coverage, and lighting. In developing the proposed regulations, it is necessary to recognize that in New Hope, the application of these new regulations will apply most ofsen to existing developed sites rather than new deve!c~ment. Under these circumstances, the ordinance must give attention to cast development trends to avoid making existing sites become non-conforming cr discouraging new site improvements. '5775 Wayzata Bivd,. Suite 555. St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 Gas sales are allowed by conditional use permit in association with automobile service stations and convenience retail facilities. These uses are limited to New Hope's B-3 and B-4 Zoning Districts. Canopies over gas pump islands are frequently associated with gas sales to shelter customers from the elements while they service their vehicle with gas. In this light, canopies are an attractive convenience for area consumers. ANALYSIS In addressing the performance standards for gas canopies, we have attempted to identify their land use characteristics in order to prepare appropriate performance standards. 1. Accessory Use. Gas island canopies are accessory structures to gas sale facilities. Since gas sales facilities are already conditional uses in their respective district, it is not necessary to treat the canopy as an independent conditional use permit. We would recommend that the performance standards for canopies be included in Section 4.032.3 of the New Hope Zoning Ordinance addressing accessory buildings, uses and equipment. 2. Performance Standards. A. Setbacks. Currently, there is a lack of uniformity regarding the setback requirements for gas pump canopies located at automobile service stations and convenience stores with gas. The setback rule of thumb for automobile service stations has been 10 feet, while 20 feet is the standard for a convenience store with gas. In establishing a uniform setback for all gas island canopies, the City must consider past action. The City recently completed a survey of gas stations in the community which has been summarized in the table on the following page. Property line setbacks ranged from 6 inches to 35 feet, with the average being 20.4. To avoid establishing a number of non-conforming sites, we recommend a standard canopy setback of 15 feet. This would result in three of the 15 sites becoming non-conforming. Additionally, a stipulation which prohibits the location of canopies in rear and side yards not abutting a stree% was recom~ended by City staff. It was felt that the impact of canopy structures should not be born by neighboring property owners. GAS SALES CANOPY SURVEY SIIMMARY TABLE OCTOBER 1993 Canopy Total % of % of Property % of Lot Area % of Front Side Line Bldg Location Area Sq. Ft. Lot Yard Yard Setback Area 7300 Bass Lake Rd 13,600 1,352 10 15 -- 22 100 9400 49th Ave No 36,000 2,400 7 21 7231 42nd Ave No 15,600 1,344 9 23 -- 20 75 3601 Winnetka No 36,000 1,848 5 7 -- 35 75 9400 36th Ave No 37,000 6,000 16 .... 35 !00+ 3535 Winnetka No 18,750 3,300 17 .... 20 I00+ 7850 27th Ave No 15,000 2,800 19 18 47 6" - 5' 9456 27th Ave No 39,900 NO CANOPIES 4200 Winnetka 32,000 2,900 9 29 -- 17 100 7820 42nd Ave No 23,000 1,620 7 -- 11 10 50 7901 Bass Lake Rd 43,000 NO CANOPIES 7900 Bass Lake Rd 24,000 NO CANOPIES 6113 W. Broadway 22,500 800 4 11 -- 15 75 6144 W. Broadway ABANDONED FACILITY 7117 Bass Lake Rd 20,000 1,500 8 16 -- 10 90 AVERAGE 26,882 2,351 10.1 17.5 29 20.4 84.2 B. Signage. The New Hope Sign Ordinance allows a commercial site two signs. These signs may consist of two wall signs or a combination of one wall sign and one freestanding sign. The sign area may not exceed 15% of the front wall of the principal building or 125 square feet. Frequently, the gas pump canopy is located in the frcn~ of a principal building, making it by far the mcsu prevalent structure at a motor fuel facility. Therefore, it would be logical to assume that a business would select this structure as a primary location to identify their business. The issue is whether cr not to provide additional square fcouage to accommodate a canopy sign, or limit signs to two locations and calculate it within the overall signage requirements. There are good reasons for supporting both arguments. If the City decided to provide additional square footage for a canopy sign, it would allow for the simplification of sign review. However, it would create an additional sign location on the property which may result in a visually unattractive facility. The argument for limiting the site to two signs and calculating size within the allowable square footage is that it would prevent signage overuse. However, it would make sign calculation more difficult. We would recommend limiting motor fuel stations to two sign locations. Additionally, we have reduced the constraints on canopy signage by eliminating the provision that lettering may be no larger than i2 inches in height. C. Height: The regulated clearance minimum height for a gas pump canopy is fourteen (14) feet. This allows reasonable access for larger than average vehicles. However, regulations do not limit its maximum height. We have determined that the maximum height of twenty (20) feet for a separate or attached canopy would be sufficient to accommodate the necessary signage and roof pitch (if any), while avoiding a disproportionate size relationship with the principal structure. Given the 20 foot maximum height limitation of canopy structures, and the minimum required clearance of 14 feet, a six foot span exists within which to construct the canopy. In this regard, it is necessary to limit the size of the canopy facade. We recommend that a three foot facade be the maximum height permitted on any side of a gas station canopy. D. Lighting: The current ordinance allows one (1) foot candle, measured from a centerline of a public right-of- way and four (4) foot candles when measured from a residential property. We have researched other communities, and discovered that motor fuel service facilities could be illuminated sufficiently when levels were reduced to one Il) foot candle measured on the property line when such a line abuts a similar area, and five-tenths {.5) foot candles on the property when abutting a residential zone. These lowered levels of candle footage will reduce the amount of spill over light, without jeopardizing the subject property's visibility. E. Canopy Size: Limiting canopy size is a difficult issue to address for the following reasons: (1) The canopy generally covers an area that is already paved and impervious. As such, limiting the area of the canopy offers no site drainage benefit. (2) The canopy's function is to shelter the customer servicing their automobile. Limiting the canopy size may reduce the effectiveness of the canopy's function. (3) The gas sales sites in New Hope vary in size and design and a maximum canopy size may result in non- conforming lots or lots where the canopy use becomes impractical. (4) After considering the aforementioned item, limiting the canopy size becomes an aesthetic consideration. The standard to insure architectural compatibility and scale may not strictly relate to canopy size or function. We would recommend that the canopy size be dictated by setback and site constraints. F. Signage Violations. During recent inventory cf gas station sites by City staff, it was noted that several locations were in violation of sign regulations. In this light, it is recommended that review of existing signage standards be pursued. It may be beneficial to establish specific regulations for motor fuel stations which address items such as gas sale price signs, car wash signs, pump operating instructions, and signs mounted on or above pumps. The potential types, sizes, locations, and quantity of these and other signs should be discussed at the next Codes and Standards meeting, as we have not drafted any ordinance ~endments in this regard. For reference purposes, a survey of area communities was done to document the way in which gas station signs are handled. Bloomington: One illuminated pylon, 50 square feet per street frontage ~ Three auxiliary signs at 15 square feet (total) cr one auxiliary sign at 40 square feet; they may be attached to the main sign or separately ground mounted One business sign, square foot requirements depend on zoning district location 5 Brooklyn Park: ~ No specific regulations for motor fuel stations Golden Valley: No specific regulations for gas station signs Two square feet of sign area per lineal foot of building frontage, may utilize long side if on a corner · Only one face of multi-faceted signs are counted Allow pricing and car wash signs under the informational sign category, evaluated on a case by case basis as to size, location, etc. Maple Grove: One pylon/pole sign at 45 square feet Up to four wall signs at 5% of facade area · One price/car wash sign at 16 square feet, must be incorporated into landscaped area Plymouth: · One pylon sign at 64 square feet, 20 foot setback, 36 foot height · Wall signs between 5 and 20% of facade, depending on district location · Two price signs at 16 square feet each, can be attached or detached to main sign Attached are draft ordinances for your review and discussion related to gasoline island canopies. pc: Doug Sandstad Steve Sondrall ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 3.465 (5) OF THE NEW HOPE CITY CODE REGULATING SIGNS ACCESSORY TO BUSINESS OR INDUSTRIAL USES. THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS.- Section 1. Section 3.465 (5) (b) "Height" of the New Hope Sign Code is hereby deleted. Section 3.465 (5) is amended to read as follows: (5) Awninq or Canopy Signs. Letters may be painted or otherwise affixed to any permissible awning or canopy as follows: (a) Location. Lettering or letters shall not project above, below or beyond the physical dimensions of the awning or canopy. (b) Use. Lettering or letters shall not denote other than the name and address of the business conducted therein and/or a product or products produced or sold or service rendered therein. (c) Maximum Signage. Lettering or letters shall be included in calcula=ing the maximum sign area of the permissible wall sign. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated this day of 1993. By: Edward J. Erickson, Mayor ATTEST: By: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun Post the day of , 1993). ORDINANCE NO. AN ORDINANCE AMENDINO SECTIONS 4.032 (3) AND 4.124 (1), AND 4.124 (2) OF THE NEW HOPE ZONING ORDINANCE REGULATING GAS PUMP CANOPIES THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4.032 (3) (k), Canopy Specifications, of the New Hope Zoning Ordinance is hereby added to read as follows: (k) Canopy Specifications. A protective cover located over a pump island shall be allowed as an accessory structure, and subject to the following conditions: 1. Placement shall occur fifteen (15) feet or more from the lot line, provided adequate visibility both on and off site is mainZained. 2. Placement of the canopy shall be prohibited in any rear yard or side yard which does not abut a public street. 3. The total height will not exceed twenty (20) feet, and shall provide a minimum clearance of fourteen (14) feet. 4. The canopy facade may not exceed three (3) feet in height, regardless of the total height and clearance of the canopy. 5. Reflected glare or spill light may not exceed five-tenths (0.5) foot candles, as measured on the property line when abutting residential zones and one (!) foot candle measured on the property line when such line abuts a similar zone and land. 6. Signage may be allowed on the canopy facade as an alternative to a wall sign or ground sign as permitted in Section 3.465 of the New Hope City Code. Section 2. Section 4.124 (i) (o), Canopy of Zhe New Hope Zoning Ordinance is hereby added to read as follows: (o) Canopy. A protective cover located over pump island shall be allowed as an accessory structure in compliance with Section 4.032 (3) (k). Section 3. Section 4.124 (2) (h), Canopy, of the New Hope Zoning Ordinance is hereby deleted and replaced to read as follows: (h) Canopy. A protective cover located over a pump island shall be allowed as an accessory structure in compliance with Section 4.032 (3) (k). Section 4. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated this day of 1993. By: Edward J. Erickson, Mayor ATTEST: By: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun Post the day of ,1993). TO: KIRK MdDONALD FROM: DOUG S~NDSTAD DATE: OCTOBER 25, 1993 SUBJECT: GAS SALES CANOPY SURVEY & ~ALYSIS I have completed a review of the properties where gasoline is sold in our city and summarized basic site data on the attachments. My focus was canopies over gas pump islands, lot & building sizes, canopy setbacks from property line, sign problems and canopy/lot - Canopy/building ratios. One interesting conclusion is that 4 of 15 ~as station sites have no canopy (26%), so~ 74% have canopies. One building was included, even though it has been abandoned and may soon be demolished for possible inclusion into an adjacent elderly housing project-Sit~ "V". Five of the 't! sites with canopies are less than 20 feet from the lot line. Only on~ is less than 15 feet, based upon a quick analysis. The average canopy-to-lot ratio~ is 10.3 %, ranging from 5 to 19%. The average canopy-to-buildin~ rati~ is 87 %~ rangin~ from 50 to lid %. Even-the~stations without canopies, had small canopy-like awnings built on top of'the gas pump islands with lights and signs present. They serve no rain/weather protection purpose since they are 4 feet wide and about 10 feet ].on~ directly above the concrete ~lands. Signage is a problem on most of these lots, since 80% of them had illegal signs or outdoor sales on October 18 & 19, during my visits. The enlarged photos of most of the sit*s will show the scale of the canopies and buildings, along with signage or setback problems. In summary, the canopies, themselves, do not present many problems as they stand,"today. The '~market" has kept them small. About half of them are new. Complaints are unheard of, on canopies. Every structuce, post, column,-b~ilding'and canopy, however, can be used to mdunt~signage onto! Code language must be considered which emphasizes, clearly, the limits on advertising of any and all kinds. This is more properly a sign code issue. C~ty o~ N~ ~pe ~~ ~ CANOPY = 1,352 sf; t0% of lo~ 15= of front yard ~ Signs OK 7300 Bass Lake Road Murphy CAN'OPY IS S~ME SIZE AS ,~ rv Lot Area = 36,000 sf C~NOPY = 2,400 sf; 7% of lot 21% of front yard Signs OK Setback is 35 feet from p.1. CANOPY IS 61% OF THE ~L'ILDING AREA g16olOj )TH 9400 49th Ave. No. Texaco GAS SALES CA~Ot~ ~TRVEY-OCT. City of M,m~ Rope I Lot Area = 15,600 sf CANOPY = 1,344 23~ ~f fr,~nt v~.ri Signage OK, but iilegal Outdoor displays ~ -- ~ __ CA~NOPY 75 ,% OF BUILDING SIZE 90~.9 × Setback is 20 feet from f*~ont p.l. )06.9 ~'~ 7231 42nd Ave. No. TOTAL L6~ Area = 36,000 sf CANOPIES (2) =948 sf x ~= 1,848 sf =5% of Lot 7% of front yard Illegal signs were observed. Setbacks are 35 feet from front & side CANOPIES EQUAL 75 % OF BUILDING SIZE ~601 Winnetka Ave. No. Unocal I~b II GAS ,~ALES CAI~PI' SURVEI'-OCT. '93 /' ~[ . ~ City of New Rope SCALE: 1" = IOC Built 1991 Lot Area = 37,000 sq ft CANOPY = 6,000 sf; 16? -~6te canopy p~i~i - lile~a! oortable signs 2'x]' i.~ AVE ].~ 965.6X oF building noted. Ail signs removed due to chan~e ::" Mobil 9400 36th Ave. No. ,, ~,~ CANOPY LARGER T~N BUILDIYG ~ Setback is 35 feet from side Built 1992 LaC Area - 18, 750 sf ~ CANOPY = 3,300 sf; 17% of Nota: illegal signs all 4 pump islands CANOPY LARGER THAN BUILDING Setback is 20 feet from front FINA 3535 Winnetka Ave. No. CAS SALES ~ ~VE~-OCT. City of ~ Rope o= SCALF: 1" = L J909.3 : Lot Area = 15,000 sf 2 CANOPIES CANOPY = I,&00 sf Each 2,800 sf total [9% of l~t [8% of front *' L7% of side Illegal wall and canopy signs observed CANOPIES, together, ARE LARGER THAN BUIL-[';: Setbacks are 6 INCHES & 5 feet from p~. A 9O7 34002 907.61 7850 27th Ave. No. Amoco '!! 6 * Lot Area = 39,900 sf No Canopies Illegal signs observed. X 942.0 27TH 9456 27th Ave. No. Sinclair GAS SAL~.$ CANOP~ SURVEY-OCT. '93 /~~ ~-~ C~ty of New Rope ~' SCALE: 1" = 4200 Winnetka Ave. 7820 42nd Ave. No. Unocal Phillips 66 Lot Area = 32,000 sf Lot Area = 23,000 sf CANOPY APPROVED = 2,900 sf; 9% of Lot CANOPY = 1,620 sf; 7% of Lot 29% of front vard 11,,% of side Illegal signs & pennant observed Illegal signs observed. Setback approved is 17 feet from front p.1. Setback is 10 feet from side p.l. CANOPY IS EQUAL TO BUILDING SIZE CANOPY IS 50% OF BUILDIYG SIZE GAS SAL~S C'lty of New Hope SCALE: l" = lO, Lot Area = 24,000 sf NO CANOPY Illegal'Signs observed. 7900 Bass Lake Road - ..-~rtoco f' ,~ '~ 7901 Bass Lake Road Sinclair ,,/.~'r Lot Area ~ 43,000 sf NO C~NOPY Illegal signs observed GAS SALES CANOF~ $ffRVEY-OCT. ~93 ,/' ~i '~ ~--~ City of #err Rope ~' SCALE: 1" = t x 875.3 ~UE 6113 West Broadway 6144 West Broadwav Woodv's :,~,, Abandoned Lot Area = 22,500 sf (Discussions underwav about demoliti-n CANOPY = 800 sf; 4% of lot and converting use to Residantial' 1i% of front yard Illegal sign observed. Setback is 15 feet from p.1. CANOPY IS 75% OF BUILDING SIZE. SALES CAl0Ot~ SURTL~-0C~. '93 City of. Ilew Rope SCALE: 1" = ID · ~ X C ~ : Lot Area = 20,0D0 sf CANOPY = !,500 sf; X 87 · CANOPY ZS 90~ OF BUTLDT;:,; 7117 Bass Lake Road %otal · Northwest Associated Consultants, Inc. C U R B A N P L A N N I N G · DES I G N M AR K E T R ES E A R C H TO: Kirk McDonald FROM: Stuart Roberson/Alan Brixius DATE: 14 October 1993 RE: New Hope Zoning Ordinance - Gas Pump Canopies and Motor Fuel Facilities Green Space FILE NO: 131.00 - 93.07 BACKGROUND In September 1993, New Hope approved a site plan for Uno-Ven Company. The site plan approval involved the Unocal station at Winnetka Avenue and Rockford Road. The development request was for the removal of existing gas fueling islands and their replacement with three new fueling islands with a canopy. In evaluating this proposal, City staff indicated that the City Zoning Ordinance lacked performance standards regulating the design and placement of gasoline pump island canopies. At the request of City staff, we have reviewed the City regulations and outlined the following ordinance changes to regulate gasoline fuel island canopies. Specific areas of regulation include setbacks, signage, height, lot coverage, and lighting. In developing the proposed regulations, it is necessary to recognize that in New Hope, the application of these new regulations will apply most often to existing developed sites rather than new development. Under these circumstances, the ordinance must give attention to past development trends to avoid making existing sites become non-conforming or discouraging new site improvements. 5775 Wayzata Blvd.- Suite 555 · St. Louis Park, MN 55416. (612) 595-9636. Fax. 595-9837 Gas sales are allowed by conditional use permit in association with automobile service stations and convenience retail facilities. These uses are limited to New Hope's B-3 and B-4 Zoning Districts. Canopies over gas pump islands are frequently associated with gas sales to shelter customers from the elements while they service their vehicle with gas. In this light, canopies are an attractive convenience for area consumers. In addressing the performance standards for gas canopies, we have attempted to identify their land use characteristics in order to prepare appropriate performance standards. 1. Accessory Use. Gas island canopies are accessory structures to gas sale facilities. Since gas sales facilities are already conditional uses in their respective district, it is not necessary to treat the canopy as an independent conditional use permit. We would recommend that the performance standards for canopies be included in Section 4.032.3 of the New Hope Zoning Ordinance addressing accessory buildings, uses and equipment. 2. Performance Standards. A. Setbacks. Currently, there is a lack of uniformity regarding the setback requirements for gas pump canopies located at automobile service stations and convenience stores with gas. The setback rule of thumb for automobile service stations has been !0 feet, while 20 feet is the standard for a convenience store with gas. In establishing a uniform setback for all gas island canopies, the City must consider past action. In using a 10 foot rule of thumb standard for automobile service stations, precedent has been established for the lesser setback. The Unocal Station maintained a canopy setback of 18' 9 from the property line. To avoid establishing a number of non-conforming sites, we recommend a standard canopy setback of 10 feet. B. Sfgnage. The New Hope Sign Ordinance allows a commercial site two signs. These signs may consist of two wall signs or a combination of one wall sign and one freestanding sign. The sign area may not exceed 15% of the front wall of the principal building or 125 square feet. Frequently, the gas pump canopy is located in the front of a principal building, making it by far the most prevalent structure at a motor fuel facility. Therefore, it would be logical to assume that a business would select this structure as a primary location to identify their business. The issue is whether or not to provide additional square footage to accommodate a canopy sign, or limit signs to two locations and calculate it within the overall signage requirements. There are good reasons for supporting both arguments. If the City decided to provide additional square footage for a canopy sign, it would allow for the simplification of sign review. However, it ~ould create an additional sign location on the property which may result in a visual unattractive facility. The argument for limiting the site to two signs and calculating size within the allowable square footage is that it would prevent signage overuse. However, it would make sign calculation more difficult. We would recommend limiting motor fuel stations to two sign locations. C. Height: The regulated clearance minimum height for a gas pump canopy is fourteen (14) feet. This allows reasonable access for larger than average vehicles. However, regulations do not limit its maximum height. We have determined that the maximum height of twenty (20) feet for a separate or attached canopy would be sufficient to accommodate the necessary signage and roof pitch (if any), while avoiding a disproportionate size relationship with the principal structure. D. L~ghting: The current ordinance allows one (1) foot candle, measured from a centerline of a public right-of- way and four (4) foot candle when measured from a residential property. We have researched other communities, and discovered that motor fuel service facilities could be illuminated sufficiently when levels were reduced to one (1) foot candle measured on the property line when such a line abuts a similar area, and five-tenths (.5) foot candles on the property when abutting a residential zone. These lowered levels of candle footage will reduce the amount of spill over light, without jeopardizing the subject property's visibility. E. Canopy Size: Limiting canopy size is a difficult issue to address for the following reasons: (1) The canopy generally covers an area that is already paved and impervious. As such, limiting the area of the canopy offers no site drainage benefit. (2) The canopy's function is to shelter the customer servicing their automobile. Limiting the canopy size may reduce the effectiveness of the canopy's function. 3 (3) The gas sales sites in New Hope vary in size and design and a maximum canopy size may result in non- conforming lots or lots where the canopy use becomes impractical. (4) After considering the aforementioned item, limiting the canopy size becomes an aesthetic consideration. the standard to insure architectural compatibility and scale may not strictly relate to canopy size or function. We would recommend that the canopy size be dictated setback and site constraints. CONCLUSION Attached are draft ordinances for your review and discussion related to gasoline island canopies. pc: Doug Sandstad Steve Sondrall ORDINANCE NO. AN ORDINANCE ~ING SECTIONS 3.465 (5) OF THE NEW HOPE CITY CODE REGULATING SIGNS ACCESSORY TO BUSINESS OR INDUSTRIAL USES. THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 3.465 (5) (b) "Height" of the New Hope Code is hereby deleted. Section 3.465 (5) is amended to read as follows: (5) Awninq or Canopy Siqns. Letters may be painted or otherwise affixed to any permissible awning or canopy as follows: (a) Location. Lettering or letters shall not project above, below or beyond the physical dimensions of the awning or canopy. (b) Use. Lettering or letters shall not denote other than the name and address of the business conducted therein and/or a product or products produced or sold or service rendered therein. (c) Maximum Siqnage. Lettering or letters shall be included in calculating the maximum sign area of the permissible wall sign. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated this day of 1993. By: Edward J. Erickson, Mayor ATTEST: By: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun Post the day of , 1993). ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 4.032 (3) AND 4.124 (1), AND 4.124 (2) OF THE NEW HOPE CITY CODE REGULATIN~ GAS PUMP CANOPIES THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4.032 (3) (g), Canopy Specifications, of the New Hope Code is hereby amended to read as follows: (g) Canopy Specifications. A protective cover located over a pump island shall be allowed as an accessory structure, and subject to the following conditions: 1. Placement shall occur ten (10) feet or more from the lot line, provided adequate visibility both on and off site is maintained. 2. The total height will not exceed twenty (20) feet, and shall provide a minimum clearance of fourteen (14) feet. 3. Reflected glare or spill light may not exceed five-tenths (0.5) foot candles, as measured on the property line when abutting residential zones and one (1) foot candle measured on the property line when such line abuts a similar zone and land. 4. Signage may be allowed on the canopy facade as an alternative to a wall sign or ground sign as permitted in Section 3.465 of the New Hope City Code. Section 2. Section 4.124 (1) (o), Canopy of the New Hope Code is hereby amended to read as follows: (o) Canopy. A protective cover located over pump island shall be allowed as an accessory structure in compliance with Section 4.032 (3) (g). Section 3. Section 4.124 (2) (h), Canopy, of the New Hope Code is hereby amended to read as follows: (h) Canopy. A protective cover located over a pump island shall be allowed as an accessory structure in compliance with Section 4.032 (3) (g). Section 4. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated this day of 1993. By: Edward J. Erickson, Mayor ATTEST: By: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun Post the day of ,1993). 4.12, 4.121, 4.122, 4.'123, 4.12l Purpose. The purpose of the to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. 4.122 Permitted Uses, B-3. The following are permitted uses in a B-3 (1) Auto Accessory Store. (2) Mo:or Vehicle and Recreation Equipment Sales and Garages Accessory Thereto. (3) commercial Recreational Uses. (4) Motels. Motor hotels and hotels provided that the lot area contains not less :hah five hundred square fee: of lot area per unit of living quarters. (5)Restaurants. Including service windows, cafes, tea rooms, on and of~ sale liquor. (6) Amusement Rides. 4.123 Permitted Accessory Uses, B-3. The following are permit:ed accessory uses in a (1) Less Intensive USe District. All permitted accessory uses in a 'B-2" 4.124 Conditional USES, B-3. The following are conditional uses in a "B-3' DLs=r~ct: (RequLres a conditional use permit based upon procedures set forth in and regulated hy Section 4.20, and compliance with 4.033 (5), Lighting; Chapter 3, Signing; 4.033, Screening; 4.036, Parking; 4.037, Off-Street Loading. (1)Automobile Service Station. M~or fuel station, auto repair- minor and =ire and battery stores and service provided that: (a) ~. Regardless of whether the dispensing, sale or the conduct of the use or business, the standards and requirements imposed by this Code for mo=or fuel snations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of =he property. (b) Compatibility. The architectural appearance and fhnctional plan the existing buildings or areas to cause impairment in property values or constitute a blighting influence wi=bin a reasonable distance of the lot. 07268~ B-l/B-2 ZONING DISTRICT USES TO: Kirk McDonald FROM: Bob Kirmis/Alan Rrixius DAT~: 12 November 1993 R~: New Hope - Tam Rezoning FILE NO: 131.01 93.35 BACKGROUND At the Planning Commission's request, we have conducted a comparative review of uses allowed in the City's B-l, Limited Neigb. borhood Business District and B-2, Retail Business DiStric~ tO de=ermine whether some additional use flexibility should be provided in the B-1 Dis~ric=. This evaluation has been prompted by the rezoning request of Mr., Oliver Tam who has requested that his property located a= 7811/7821 62nd Avenue North be rezone~ from B-1 to B-2. The said rezonlng is being pursued basically =Q make an allowance ~or a broader range of uses within a re=ail strip cen~er which exists o~ =he property. Rather than rezone =he subject property, =he Planning Commission has inquired as to the possibility of simply amending the B-1 District provisions to provide greater flexibllluy in =erms of allowed uses. Of specific question has been the potential allowance o~ dry cleanin~ facilities (oCher =hah "pick-up stations") within B-1 Districts. 5775 Wayzata Blvd,' Suite 555. St. Louis Park, MN 55416, (612) 595-9636.Fax. 595-9,937 ISS ANALYSIS B-1 District Provisions The purpose of the B-l, Limited Neighborhood Business Distric~ i~ =o provide for the establishmen~ o~ local centers for convenient, limited office, retail or service outlets w~ich deal directly with =he customer from whom =he goods or services are furnished. In =his regard, =hess cen~ers are uo provide services and goods only for the surrounding neigll~orhoods and are not in=ended =o draw customers from =he entire community. Specifiu permitted and conditional uses in the district are listed below= ~ermi~ed Uses 1. Barber shops 2. Beauty sheds 3. ~ssential services 4. Convenience, lime=ed merchandise grocery stores (men- supermarkets) 5. Laundroma=s (self-service washing and drying, ~ry cleaning, also dry cleaning pick-up and la~ldry station, including incidental repair and assembly, but not including commercial processing on site) 6. Mortuaries Conditional Uses 1. GovernmenC and utility buildings 2. Professional and commercial offices 3. Commercial PUPs 4. Convenience food take out/delivery establishments B-2 District Provisions The purpose of the B-2, Re,ail Business DistriCt is to. provide for iow intensity, retail or service outlets which deal d~rectly wi~h the customer for whom the goods or services are ~urnished. The uses allowed in =his district are to provide goods and services on a limited convnuni~y marke~ scale and located in areas which are well served by collector or arterial street facilities a= the edge of residential dis=riots. Specific permitted and conditional uses in =he district are listed below: 1. Ail permit=ed uses in the B-1 Dis=ricO 2. Laundry and dry cleaning Grocery stores/supermarkets NOV-- 1 ~--9~ FR I 10 : 0 i 0 P. 04 4. Limi=ed B-A uses a. Antique shops Art/School supplies, book, office supplies, stationery stores c. Bicycle sales/repair d. Candy, ice cream, ice milk, popcorn,nu=s, frozen desserts, packaged snacks, soft drinks e. Carpet, rugs and =ils and ocher floor coverings 5. Coin and phila=slic g. Commercial and professional offices h. Copy and prin=ing service i. Cosuume and cloches ten=al J. Office equipmen= scores k. DrUg score 1. Eraployment a~en¢ies m. Plorls= shop n. Furniture o. Furriers when conduc=ed only for retail =rads, on premises p. Gift or novel=y scores Hobby store r. Insurance sales s. Locksmith Meat market but not including locker storage u. Pain= and wallpaper sales v. Plumbing, television, radio, elec=rical sales and such repair w. TOy stores x. Tailor shops y. Jewelry shops and ocher similar uses z. Travel bureaus, =ranspor=ation, =icket aa. Wearing apparel bb. BankS, s&vin~s/loans, credit unions, cuber financial cc. Record s~op dd. Real es=aCe sales es. Buildin~ material sales of retail nature in enclosed building ff. Fabric scores gg. Camera/pho=ographi¢ supplies hh. Res=aurant ii. Off-sale liquor jJ. Medical kk. S~or=ing goods stores 11. PeC shops mm. Hardware scores Condi=ional USeS 1. Ail conditional uses in the B-1 District 2 Multiple family buildings Commercial PUDs 4. Commercial ~n=erprises a. Banks Electrical appliance stores c. Fabric stores 0fl-sale liquor e. Offset printing and copy service f. Restaurants g. Camera and photographic supplies h. Book stores i. Medical J. Garden novelty stores In review of the B-1 and B-2 District provisions, permitted and conditional uses listed within the said district are directly related to their intended service area. As noted in the cited district purpose statements, uses allowed wi=bin B-1 zoning districts are intended to serve surrounding neighborhoods. In contras=, the B-1 DiStrict is in=ended to draw from a Cloy-wide area. =enerally speaking, i= is believed =ha~ the lis=ed B-! permit=ed and conditional uses fulfill their intended purpose. B-1 Evalua on Criteria To determine the a~proprtateness of dry cleaning esCablishment~ (and other uses) within B-1 Zoning Districts, it iS believed an objective set of evaluation criteria should be referenced. Such criteria should specifically make note of in=ended characteristics of uses allowed in =he B-1 District. The following is a listing of criteria which should be referenced in considering the appropriateness of various B-1 uses: 1. Uses which draw from and cater to a localized area. 2. Uses which may com~aCibly co-exist with nearby residential uses. To achieve such an existence, suoh uses should: a. Be of a p~ysical (aesthetic) scale com~atible with residential neighborhoods. Generate traffic which does not exceed the capabilities o~ streets which serve =he property. c. Not include outdoor storage provisions. d. Not produce levels of noise, illumination, odor which may negatively impact nearby adjacent properties. If =he City decides to alter its existing B-1 District provisions =o add (or dele=e) various uses, a finding should be made =ha= any use wi=bin the B-1 District comply with the aforemen=ioned cri=eria. CONCLUSION AS an initial sump in considering =his matter, it is recommended =hat =he City conduct a comparative analysis between uses permitted in the B-1 and B-2 Zoning Dis=rlc=s and the B-1 evalua=ion cri=eria cited in =his memorandum. Hopefully, such an analysis will allow conclusions to be drawn as to the appropria=eness of the various uses allowed in said districts. If you have any ~uestions or comments, please do no= hesitate =o call.