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CUP 87-17 CITY OF HOPKINS ---� Application for: Amendment of Zoning Ordinance Date: ��— i— :� � Concept Review \ Condi ti onal Use Permi t �— Case No:�/�j�� g�7 —/ 7 Subdivision Approval �� Variance Fee: �,.�= Waiver of Platting Requirements Date Paid: ,j— /— v� � 1. Street Location Of PrOperty: Northwest Corner, Intersection First Street South and Eleventh Avenue South 2. Legal Description of Property: �ots 11, i2, i3, i4, i5, i6, i�, is, i9, 20, 21, 22, and South half of Lots 10 and 23, Block 7, West Minneapolis 3. Owner: Name c;ty of Hopkins Address Phone 331 Second Avenue North 4. Applicants NdRle: Baton Corporation Address Minneapolis, MN 55401 Phone (612) 341-2886 5. Description Of Request: Construction of ONE of the following alternatives: Alternate A: 48 Townhomes with tuck under garages; Alternate B: 32 Townhomes; with tuck under garages and 26 condo flats with central garage. ---� Zoning District Use c. Present Proposed 7. Present Proposed R-5 R-5 Single Family Multiple Family 8. Reason for Request over $75,000 of construction costs 9. What error, if any, in the existing Ordinance would be corrected by the proposed amendment? (for Zoning Ordinance amendment only) N/A 10. If request is for a variance, what hardship would justify approval (see 427.04(108) of the Zoning Ordinance) . N/A 11. Exhibits submitted: �4ap or plat showing the lands proposed to be changed 0 the r Conditional use permit application checklist items A through Y �2. Acknowledgement and Signature: The undersigned hereby represents upon all of the pen- alties of law, for the purpose of inducing the City of Hopkins to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Hopkins and the laws of the State of Minnesota. � Signature of Applicant: - Signature of Owner: RECORD OF ACTION TAKE�J BY PLANNING & ZONING COMMISSIOPd Date : 5/26/87 Application for Conditional Use Permit - Townhomes � CASE N0: CUP87-17 PLANNING COMMISSION RECOMMEPJDATIONS On the 26 day of MaY 19 87 , the action requested in the foregoing petition was approved (X ) disapproved subject to the following conditions : l.That the variances are approve, 2.That the applicant secures owners ' of the property, 3.Th� both plans are accepted, 4. That the applicant provide an acces fo f rst two phases. 5. Landscape plan be amended to provide proper screening but not ' o pr rty to thE norht. Chairman: CITY COUNCIL ACTION Approved X Denied by the Council this 2 day of June 19 87 Approved with following amendment: Approved as recommended by Zoning & Planning Resoluti.on PJo: 87-53 C 1 e r k: �f �_��--�,�,q, � Following to be filled in by City Action of City Officials Chronolo Date B � Rec'd by Bldg Dept. _ Published by Bldg Dept. On Pl . Comm. Agenda 5 26 87 JK Pl . Comm. Postponement � Pl . Comm. Action ' S/26/87 JK Recommend approval with Conditions stated abov I �On Council Agenda 6/2/87 JK j i I ;Council Postponement " � � i I ; � Council Action � � 6�2/87 ! JK Approved as recommended - Resolution 87-5:�--� , NOTE: A Conditional Use Permit shatl expire one year after it has been issued unless the use for which the permit has been granted is in effect, except that, upon written application of the owner of the effected land for which the permit was granted prior to the end of said year may request and the Council may grant an extension not to exceed one vear. Citv Council Report May 27 , 1987 CONDITIONAL USE PERMIT & YARIANCES Baton Corporation PURPOSE: To review and recommend action on an application for a Conditional Use Permit and Variances . BACRGROUND: See staff report to the Zoning and Planning Commission. Randy Ze�dlik and Dick Gilyard appeared before the Commission and revieWed the proposed plan. Mr. Gilyard stated that they are proposing oWner occupied toWnhomes With starting price of approximately $75 ,000 . The oWner will have the option of designing the interior of the toWnhomes . Mr. Gilyard stated the varianees are needed to provide more parking and also from a design perspeetive. ---� Mr. Gilyard also presented the alternative plan With 26 condos and 32 toWnhomes. This alternative plan will provide the site some flexibility in design to respond to market ehanges . Tom Grossman of Suburban Chevrolet was coneerned with the trees on the north side of the property whieh abuts his property. They have experienced problems With sap falling from the trees and ruining the paint on the cars . The staff Would recommend that a condition be added to amend the landscaping plan . The proposed development will be in four phases , starting at the southeast eorner of the block and move in a clockwise direction . The Commission recommended to the CounQil that the ordinance be looked at and possibly changed to provide some flexibility in setbacks for development sueh as I this one in the doWntown area. The PUD provisions of � the zoning ordinance may be able to be amended to allow this flexibility. The Commission approved unanimously the Conditional Use ^ Permit �ith the following Findings of Faet and Conditions: -- � N o. 8�-�24 Council Report 87-124 Page 2 --� 1 . That the development meets the requirements for a P. II.D. 2 . That the development meets the requirements of a Conditional IIse Permit . Conditions: 1 . That the requested varianees are approved . 2 . That the applicant secures oKnership� of the property 3 • That both plans are aceepted 4 . That the applicant provide an aecess plan for the first two phases . 5 • Landscape plan be amended to provide proper screening but not infringe on the property to the north. The Commission unanimously approved the requested variances with the folloWing Findings of Faet and Conditions: 1 . That a unique cireumstanee exists due to the extensive amount of frontage on public ^ streets . 2 . The HRA in their request for proposal stated that they xanted , from an arehitectural standpoint , 11th Avenue should be treated as the front yard even though this is not the front yard by ordinance . 3 . Arehitect , parking and design constraints , requested by the City Couneil make varianees from the ordinance required . 4 . That the price paid for the site xould necessarily decrease With a loWer unit count; if the site price remains the same the priee of the units would rise and , therefore , put the pro�ect potentially on a sloWer development track; the tax base return to the City would be adversely affected xith a loxer unit count . 5 . By significantly reducing the density , the vitality of the pro�ect design would be diminished ; if more conventional spacings and setbacks were to be ineorporated , the overall arehiteetural statement would lose some of its unique appeal within the buyer marketplace for ' edge of downtown' townhomes . .--� / Council Report 87-124 Page 3 6 . That the granting of the varianQes Would not adversely afPeat the surrounding area. 7 . That the ordinanoe does not adequately faailitate a high density residential development in the CBD of this type. Conditions: 1 . That the Conditional Use Permit is granted . 2 . That the alleys in Block 7 are vacated . Respectfully submitted , Nanoy . Anderson Community Development Analyst .--� �� --- RESOLUTION N0: 87-53 CITY OF HOPKINS HENNEPIN COUNTY , MINNESOTA RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR CONDITIONAL USE PERMIT CUP87-17 WHEREAS, an application Por a Conditional IIse Permit entitled CUP87-17 has been made by Baton Corporation , to construet a aondo/toWnhouse pro�ect on a portion of Block 7 , West Minneapolis . WHEREAS , the procedural history of the application is as folloWs : 1 . That an application for Conditional Use Permit CIIP87-17 was filed With the City of Hopkins on May 1 , 1987 . 2 . That the Hopkins Planning Commission revieWed suoh application on May 26 , 1987 • 3 . That the Hopkins Planning Commission , pursuant to published and mailed notices , held a public hearing on May 26 , 1987 ; all persons present at the hearing Were given an opportunity to be heard . � u . That the written comments and analysis of the City staff and the Planning Commission Were considered . NOW THEREFORE, BE IT RESOLVED , that the Hopkins City Couneil makes the folloxing Findings of Fact in respect to CUP87-17 : 1 . That the development meets the requirements for a P. U.D. 2 . That the development meets the requirements of a Conditional Use Permit . BE IT FURTHER RESOLVED , that application for Conditional Use Permit CUP87-17 is hereby approved sub�eet to the following Conditions: 1 . That the requested variances are approved . 2 . That the applicant secures oWnership of the property. 3 . That both plans are acoepted . 4 . That the applicant provide an access plan for the first tWo phases . 5 • Landscape plan be amended to provide property sereening but not inPringe on the property to the north . "� Adopted this 2nd day of June , 1987 . • Ellen Lavin , Mayor �P[ann � n� Comm �ssion Report� CONDITIONAL USE PERMIT - BATON CORPORATION Block 7 PLANNING COMMISSION REPORT N0: CUP87-17 MAY 18 , 1987 PURPOSE: To review and recommend action on an application for a Conditional Use Permit to construct residential Planned Unit Development . BACKGROUND• Name of Applicant: Baton Corporation Address of Property: Block 7 Present Zoning: R-5 � Reason for Request: To construct �8 townhomes or 32 townhomes and 26 condos . Nature of Request: Ordinance requires a Conditional Use Permit for construetion over $75 ,000 and for a P . U.D . The applicant is proposing t�o construct either �8 townhomes or 32 townhomes and 26 condos on the site which is referred to as the Harriman Block . These units will be owner occupied . The HRA purchased this block in 198� with the intentions of redeveloping it into multi-family dwellings . Currently there are single family homes on the site . These homes wil�l be demolished . This development is a P . U.D . The requirements for a P . U.D. are in Section 565 of the Zoning Ordinance . The applicant meets all the requirements except for the distance between buildings . A variance has been requested . The applicant is also requesting four other variances in eonjunction with the development . The following is a list of the requested variances : � • No. CUP87-17 Page 2 �--� 20 ' Variance of required 30 ' front yard setback 5 ' Variance of required 15 ' side yard setback 19 ' Variance of required 25 ' rear yard setback 26 ' Variance of required 36 ' distance between buildings 2� Variance of maximum building coverage of 30$ for Alternate ' A' 15$ Varianee of maximum building coverage of 30$ for Alternate ' B' These variances will be discussed in another staff report . The applicant is requesting approval of two plans , one with only townhomes and the other with a townhome/condo combination . The applicant is requesting this flexibility in design to respond to market changes . The construction will start at the southern part of the block along First Street South and move in a cloekwise direction so the last area constructed will be the area where the condos could be constructed . All units are ^ two bedrooms . ' The applicant will buy the block in four stages . The first parcel is on the southeast corner and then will continue in a clockwise direction . The applicant will be requesting subdivisions at a future date . One consideration with this phasing is the access is located on the northwest corner of the block and how will the first two phases have aceess to their homes . The following is a list of the proposed development and ordinance requirements : � CUP87-17 Pa ge 3 R-5 Proposed Lot area 24 ,000 sq . ft . 85 , 860 sq . ft . Lot area per family 1 ,000 sq . ft . Tnhm: 1 , 118 sq . ft . Tnhm/con 880 sq . ft . Lot width 150 ft . 268 ft . Front yard 30 ft . 10 ft . Side yard 15 ft . E 11 ft . W 11 ft . Rear yard 25 ft . 6 ft . Bldg. Height 4 story Tnhm 2 story Condo 3 story Bldg . Coverage 30$ Tnhm 32 � Condo �5 � Parking 1 .2 per unit Tnhm 68 spaces Condo 69 spaces Dwelling Floor Area: 2 Bedroom 720 Tnhm 1 ,200 Condo 1 , 100 The exterior of the townhomes and condos will be similar. The exterior will be hardboard siding with ^ wood trim. There will be approximately 3 1/2 feet of brick along the base of the buildings . Asphalt shingles will be the roofing material . The applicant is proposing a 6 foot high privacy fence to screen the residential area from the abutting lot of Suburban Chevrolet . Each unit will also have a 6 foot privaey fence to separate the units The subject site abutts Suburban Chevrolet to the north, a residential distriet to the west and south and Norwest Bank to the east . The Comprehensive Plan has designated this site as R-4 . (There is not an R-5 designation in the Comprehensive Plan . ) The Fire Marshal has reviewed the plans and at this time has found them aeceptable . The Director of Engineering has reviewed the plans and at this time has found them acceptable . The CCDC has reviewed the proposed development . Their comments are enclosed for your review. "'� With the townhome plan there will be one ingress/egress point for the site on 12th Avenue South. Aecess to all the units will be from this point . All the garages are EUP87-17 Page 4 ---� on the interior of the site . If the condos are constructed there will be an ingress for the underground parking on 11th Avenue and an egress further south on 11th Avenue for the exit . The ingress/egress for the townhomes will remain on 12th Avenue . The townhomes will be oriented with their front yards Facing streets . All garages and parking will be on the interior of the site . Some townhomes will have wood decks over the garage doors , while others will have a concrete patio in the front yard . The plan also shows woods stairs in the rear of many units . The interior drives will be a bituminous surface with concrete curbs and sidewalks throughout the site . A sidewalk will be along 12th Avenue and First Street South. Twenty parking spaces are provided at the interior of the site . Each unit has its own garage . The site has more than the required parking . The landscape plan shows a variety of plantings . The plan has more than the required plantings . Most units will have a planting in their front and rear yards . � Sod will be laid throughout the site . The applicant is providing a high quality development . Two plans are submitted for approval because if the townhome market demand falls , condos can be built hopefully to ensure that the site will be fully oceupied . The applicants have designed the development with all the outside parking on the interior of the site to provide a clean appearance along the streets . The variances are an important part of the overall development , because without them the design and character of the site would be drastically changed . The townhomes would be placed in a straight row towards the interior of the site , which then much of the open space on the interior would be lost . ---� ^ ��9�7-1� ALTERNATIVES• 1 . Approve • the Conditional Use Permit 2 . Deny the Conditional Use Permit 3 . Continue the application for additional information RECOMMENDATION: I recommend Alternative �1 . The following are suggested Findings of Fact and Conditions should the Commission recommend approval: 1 . That the development meets the requirements for a P . U.D. 2 . That the development meets the requirements of a Conditional Use Permit . Conditions: 1 . That the requested variances are approved . 2 . That the applicant secures ownership of the property 3 . That both plans are accepted � . That the applicant provide an access plan for the first two phases . --� Respectfully submitted , � Nanc S. 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