1975MFAO
0 April 28, I975
To: Zoning & Planning Commission
From: Planner - James Hawks
Subject: W.O.T. Development Corp. - Pete Williams request for
Conditional Use Permit
I met with Mr. P. Williams and Mr. Drew a number of times concerning their
request for a Conditional Use Permit to develop that land south of Bursch's and
1st Street South, between 7th and 8th Avenue, by constructing 2 apartment build-
ings and 42 townhouses. The unit mix of these dwellings are 51 - 1 BR., 51 -2 BR.,
and 42 - 3 BR's.
The property is a part of the Redevelopment area, is zoned R -5 or requested
to be zoned R -5 and the development is in response to the Hopkins Housing &
Redevelopment Authority which has approved the proposal.
. The concept for development was presented to the Planning Commission last
year and received approval. Since that time the development plan has been revised
several times and a request was heard and approved by the Planning Commission to
grant a variance to permit parking to within 2' of the side and rear lot lines.
This development requires a Conditional Use Permit approval under the
Community Unit Plan since the request is to Iocate more than one principal structure
on a single parcel of land. One of the provisions of this section of the ordinance
having the intent to create reasonable spacing of the buildings for light, air,
privacy and fire control requires that (d) "no buildings within the development
shall be nearer to another building than 112 the sum of the heights of the 2 build -
ingsu. The plan which was submitted for review and in support of the Conditional
Use Permit does not conform with this provision.
The land on which a Community Unit Plan is to be developed is considered as
a single lot, thus by definition the narrow side of the lot is the front yard. In
this case, 2nd. Street South becomes the front yard and off - street parking is not
a permitted use in the front yard. The variance which was granted does not apply
to :2nd Street South - thus, the plan does not conform.
The R -5 district requires a front yard of 15 a side yard of 10' or 114 height
• of the building, whichever is greater and a rear yard of 10'. Accessory buildings
may be located to within 2' of the side lot line provided they are not larger than
700 sq. ft. which in this case is 7 and 8th Avenue South. The parking ratio in the
R -5 district is 1.2, thus 173 spaces are to be provided and with the adjustment
necessary to provide the required front yard the number is uncertain at this time.
The density control under R -5 is 760 sq. ft. of land for each 1 BR.(38,760),
900 sq. ft. for each 2 BR (45,900) and 1230 sq. ft. for each 3 BR (52,080). How-
ever, under Sec. 269.37 permitted uses refers to 269.36 where it states that multiple
family dwellings are permitted and in the definition section multiple family dwell-
ings is not defined. Townhouses are defined, thus should the provisions applicable
to townhouses be applied (269.36) the density control would be (103,320). The site
has 170.239 sq. ft. including the vacated street and alley's. The ordinance is
not as specific as it should be on this point, and it is not in evidence whether
the subject was approved under concept consideration, thus it is a point to be
decided by the Planning Commission. it is an important decision for under R -5,
the density and dwelling mix conforms, while considering the townhouses as non -
multiple dwellings would make the density 9 townhouses over.
The latest plan has incorporated an outside swimming pool which requires a
Conditional Use Permit. To my knowledge, no permit has been applied for, nor have
construction details been furnished.
All developments of this scale require special consideration relative to the
neighborhood and with this one being located on the edge of this business district
certain specifics should be considered as a part of the Conditional Use Permit.
1. 3 BR Townhouses - they are permitted under the ordinance - 3 bedroom town-
houses tend to attract a family in need of such space, one possibility being a
family with children. Should this be the case, the on site open space is very
small, Central Park is over 5 blocks and the abutting business district is not an
appropriate location for children. Another possibility is a family of up to 4 un-
related adults which would have multi car ownership and in turn cause a serious
parking problem. This situation was discussed with the applicants and it was agreed
that the project operating policy should contain conditions.
. As part of the permit the following is submitted for consideration - that
the number of children between the ages of 5 thru 15 not exceed 30 for the 144
dwellings and that the number of cars authorized through a condition of the Iease
to be parked on site shall not exceed the total of parking spaces provided. Also,
that the off street parking spaces are considered a part of the continuous function
of the development and shall not be occupied other than by an automobile, motorcycle
or truck not in excess of 9000 lb. rated capacity.
2. Snow removal is a required service which to maximize the effect requires
a number of logical steps. When clearing a large lot, especially those under
consideration, snow is piled within the lot on parking spaces needed for full
service. Thus, snake it a provision of the permit that parking spaces may be used
for snow storage no longer than 3 days after the snow has stopped but in no case
more than 7 days in case of continuous snowing.
3. That a plan for trash storage and removal be approved by the City and
placed in operation. Said trash containers to be screened so they are not visible
from the public right -of -way.
4. Bursch's parking area is only 10 ft. from the buildings on the north which
is closer than the parking provided for the dwellings. As an aid in causing the
• parking system to function as designed and to buffer the commercial from the resi-
dential it is recommended that a physical barrier (fence) be constructed along the
north line.
5. That a plan for fire protection which will locate hydrants as necessary
be approved by the City.
6. That an on site drainage plan be approved by the City to assure its co-
ordination with the City's system.
7. That a landscape plan be submitted for all of the required yards abutting
the public street and a planting plan for the entire site indicating species and
size.
8. That the proposed swimming pool be considered under a Conditional Use
Permit as required.
0 9. That the design for lighting the pedestrian ways and parking area be
reviewed and approved as conforming to the ordinance.
.lames Hawks,
Planner
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