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10-27-2015 OC'TOBER NOVEMBER MEMBERS S M T W T F S S M T W T F S McNEIL HUNKE 1 2 3 1 2 3 4 5 6 7 NEWHOUSE TAIT — 4 5 6 7 8 9 10 8 9 10 11 12 13 14 WARDEN WALLACE-JACKSON 11 12 13 14 15 16 17 15 16 17 18 19 20 21 KERSSEN ANDERSON 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 AGENDA ZONING & PLANNING COMMISSION Tuesday, October 27, 2015 REGULAR MEETING 6:30 P.M. COUNCIL CHAMBERS ----------------------------------------------------- ITEM: Approve and sign minutes of the September 29, 2015, regular meeting. --� COMMISSION ACTION: / / / / CASE NO. ZN15-11 REZONE FROM INDUSTRIAL TO MIXED USE - 810 FIRST STREET SOUTH Public Public hearing to consider rezoning 810 First Street from I-1, Industrial, to Hearing Mixed Use COMMISSION ACTION: / / / / CASE NO. SPR15-5 SITE PLAN APPROVAL - 241-UNIT APARTMENT BUILDING Public Public hearing to consider the construction of an apartment building at 810 Hearing First Street South .� COMMISSION ACTION: / / / / AGFNDA ' ZONING & PLANNING COMMISSION PAGE 2 � CASE NO. VN15-4 SIDE YARD VARIANCE — 140 - 11TH AVENUE NORTH Consideration of a three feet, 10-17/32 inches side yard setback variance to construct an addition at 140 - llth Avenue North COMMISSION ACTION: / / / / ADJOURNMENT .—� �� . ����������� � ZONING AND PLANNING COMMISSION MINUTES September 29, 2015 A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, September 29, 2015, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Brian Hunke, Gary Newhouse, Scott Kerssen, Mike Tait, Emily Wallace-Jackson, Matt McNeil and James Warden. Also present was staff inember Nancy Anderson. CALL TO ORDER Mr. Kerssen called the meeting to order at 6:30 p.m. in the Council Chambers. APPROVAL OF MINUTES Mr. McNeil moved and Ms. Wallace-Jackson seconded the motion to approve the minutes of the August 25, 2015, regular meeting. The motion was approved unanimously. ITEM: COMPLIANCE WITH COMPREHENSIVE PLAN � Ms. Anderson stated that the vacated Second Street property has to be found in compliance with the Comprehensive Plan in order to be sold. Mr. Warden moved and Mr. Hunke seconded a motion to adopt Resolution RZ15-18, recommending approval that Second Street South is in compGance with the Comprehensive Plan. The motion was approved unanimously. ITEM: VACATION— SECOND STREET SOUTH Ms. Anderson reviewed the reasons for the vacation. Tony Kuechle, representing Kelly Doran, the applicant, appeared before the Commission. Mr. Kuechle reviewed the vacation with the Commission. The public hearing was opened at 6:58 p.m. Jim Hudy, the postmaster of Hopkins, appeared at the public hearing. The postmaster was concerned about the removal of the parking on Second Street South. Mr. Tait moved and Mr. McNeil seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 7:02 p.m. Mr. McNeil moved and Mr. Newhouse seconded a motion to adopt Resolution RZ15-19, recommending approval of Ordinance 15-1999, recommending the vacation of Second Street South. The motion was approved unanimously. ,--. MINUTES OF THE ZONING AND PLANNING MEETING, September 29, 2415 Page 2 ITEM: PRELIMINARY/FINAL PLAT—810 SECOND STREET SOUTH � Ms. Anderson reviewed the proposed plat. Tony Kuechle, representing the applicant, appeared before the Commission. The public hearing was opened at 7:03 p.m. No one appeared at the public hearing. Mr. Warden moved and Mr. Tait seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 7:04 p.m. Ms. Wallace-Jackson moved and Mr. McNeil seconded a motion to adopt Resolution RZ15- 20, recommending approval of a preliminary/fmal plat at 810 First Street South. The motion was approved unanimously. ITEM: CONCEPT REVIEW- 245-UNIT APARTMENT BUILDING Ms. Anderson reviewed the concept plan with Commission. Tony Kuechle, representing the applicant, appeared before the Commission. Mr. Kuechle reviewed the proposed apartment building with the Commission. Mr. Kuechle discussed the parking areas, amenities in the building, the biking area for the public on Eighth Avenue and Excelsior Boulevard, and entrances to the building/parking areas. No one appeared at the meeting regarding this item. ITEM: ORDINANCE AMENDMENT—MIXED USE Ms. Anderson stated that the staff is amending the Mixed Use ordinance to reflect the market. � This is the second amendment made to this ordinance to refine it. The public hearing was opened at 7:07 p.m. No one appeared at the public hearing. Mr. Newhouse moved and Mr. Hunke seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 7:08 p.m. Mr. Newhouse moved and Mr. Warden seconded a motion to adopt Resolution RZ15-21, recommending approval of Ordinance 15-2000, recommending amendments to the mixed use ordinance. The motion was approved unanimously. - ITEM: REAR YARD VARIANCE— 145 20TH AVENUE NORTH Ms. Anderson reviewed the variance with the Commission. Ms. Anderson stated that all the comments from neighbors were positive. Christopher Polston, the applicant, appeared before the Commission. Mr. Polston stated they would be adding two bedrooms and a bathroom. No one appeared at the meeting regarding this item Mr. Hunke moved and Ms. Wallace-Jackson seconded a motion to adopt Resolution RZ15-22, recommending approval a rear yard setback variance at 145 20�h Avenue North. The motion was approved on a 6-1. Mr. Newhouse voting nay. � MINUTES OF THE ZONING AND PLANNING MEETING, September 29, 2015 Page 3 � ITEM: SIDE YARD VARIANCE—241 20T" AVENUE NORTH Ms. Anderson reviewed the proposed variance. Ms. Anderson stated that she received positive comments for this variance. Kevin and Julie Eiden, the applicants, appeared before the Commission. No one appeared at the meeting regarding this item. Mr. Newhouse moved and Mr. McNeil seconded a motion to adopt Resolution RZ15-23, recommending approval of a side yard setback variance at 241 20�h Avenue North. The motion was approved unanimously. ADJOURN Mr. Tait moved and Mr. McNeil seconded a motion to adjourn the meeting. The motion was approved unanimously. The meeting was adjourned at 7:25 p.m. MEMBERS � ATTEST: Scott Kerssen, Chair ,--. � October 19, 2015 Planning Report ZN15-11 REZONING—810 FIRST STREET SOUTH Pronosed Action Staff recommends the following motion: Move to adopt Resolution RZ15-25, recommendin� �proval of Ordinance 15-2002, rezoning 810 First Street South from I-1, Industrial, to Mixed Use. Overview The property at 810 First Street South is currently zoned I-1, Industrial. Doran 801, LLC, the applicant, is proposing to construct a 241-unit apartment complex on this site. There currently is an office/warehouse building on the site. The existing building will be razed in November/December, and the construction of apartment building will start in the spring. Last month Second Street South was vacated. The site will be replatted at this meeting and the vacated Second Street will be added to the property along with this rezoning and site plan '-' approval. Primarv Issues to Consider • What is the Comprehensive Plan designation? • What does the Mixed Use zoning allow? • Should the site be rezoned from I-1 to Mixed Use? Supporting Documents • Analysis of Issues • Resolution RZ15-25 • Ordinance 15-2002 � Nancy Anderson, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N Source: "� Related Documents (CIP, ERP, etc.): Notes: ZN15-11 Page 2 � Primarv Issues to Consider. • What is the Comprehensive Plan designation? The Comprehensive Plan has designated the site as Mixed Use. With this rezoning the Comprehensive Plan and zoning will be consistent. • What does the Mixed Use zoning allow? The Mixed Use zoning district allows both residential and commercial uses. • Should the site be rezoned from I-1 to Mixed Use? This rezoning is for the construction of the 241-unit apartment building. Alternatives 1. Recommend approval of the rezoning. By recommending approval of the rezoning, the City Council will consider a recommendation of approval. � 2. Recommend denial of the rezoning. By recommending denial of the rezoning, the City Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the Planning Commission indicates that further information is needed, the item should be continued. � CITY OF HOPKINS Hennepin County, Minnesota � RESOLUTION NO. RZ15-25 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A REZONING FROM I-1 TO MIXED USE WHEREAS, an application for Zoning Amendment ZN15-11 has been made by Doran 810, LLC; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning amendment was made by Doran 810, LLC, on September 29, 2015; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on October 27, 2015: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; 4. A legal description of the property is as follows: Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 19 and 20, all in Block 13, West � Minneapolis, Together with: Those parts of the adjoining north-south alley and of the adjoining easterly-westerly alley adjoining said Lots that accrued to said Lots by reason of the vacation thereof, and Together with: That part of 2nd Street South adjoining said Block 13, lying northerly of the center line thereof, and lying between the extensions across it of the west and east lines of said Block 13. Together with: Lots 1, 16, 17 and 18; Torrens Property Together with: That part of the adjoining vacated North-South alley lying West of the centerline thereof and between the extensions across it of the North line of said Lot 18 and the Southeasterly line of said Lot 16; Torrens Property Together with: That part of the adjoining vacated Easterly-Westerly alley lying Northerly of the center line thereof and between the extensions across it of the West line of said Lot 16 and the center line of the adjoining vacated North-South alley; Together with: That part of the adjoining vacated alley lying East of the center line thereof and � between the extensions across it of the North and South lines of said Lot l; Block 13, "West Minneapolis". Torrens Property Together with: That part of 2nd Street South adjoining Block 14, West Minneapolis, lying southerly of the center line thereof, and lying between the extensions across it of the west and east lines of said Block 13. Torrens Property. And the vacated Second Street as follows: That part of 2nd Street South as dedicated on the plat of WEST MINNEAPOLIS, �-' according to the recorded plat thereof, Hennepin County, Minnesota, lying between the southerly extension of the east line of Block 13, said WEST MINNEAPOLIS, being common with the west right of way line of 8th Avenue, � and the southerly extension of the west line of said Block 13, being common with the east right of way line of 9th Avenue. Said line extensions to be prolonged to terminate at the southerly right of way line of 2nd Street South, being common with the north right of way line of H.C.S.A.H. No. 3 NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN15-11 is hereby recommended for approval based on the following Findings of Fact: 1. That the Comprehensive Plan has designated the site as Mixed Use. 2. That with this rezoning the Comprehensive Plan and Zoning will be consistent. BE IT FURTHER RESOLVED that application for Zoning Amendment ZN15-11 is hereby recommended for approval subject to the following conditions: 1. That the site plan is approved for a 241 unit apartment building. 2. That the final plat for this site is filed. Adopted this 27th day of October 2015. � ATTEST: Scott Kerssen, Chair i� CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 15-2002 � AN ORDINANCE REZONING 810 FIRST STREET SOUTH FROM I-1, INDUSTRIAL, TO MIXED USE THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the present zoning classification of I-1 Industrial upon the following described premises is hereby repealed, and in lieu thereof, the said premises are hereby zoned as Mixed Use. The legal description of the property to be rezoned is as follows: Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 19 and 20, all in Block 13, West Minneapolis, Together with: Those parts of the adjoining north-south alley and of the adjoining easterly- westerly alley adjoining said Lots that accrued to said Lots by reason of the vacation thereof, and Together with: That part of 2nd Street South adjoining said Block 13, lying northerly of the center line thereof, and lying between the extensions across it of the west and east lines of said Block 13. Together with: Lots 1, 16, 17 and 18; Torrens Property Together with: That part of the adjoining vacated North-South alley lying West of the centerline thereof and between the extensions across it of the North line of said Lot 18 and the Southeasterly line of said Lot 16; Torrens Property Together with: That part of the adjoining vacated Easterly-Westerly alley lying Northerly of the center line thereof and between the extensions across it of the West line of said � Lot 16 and the center line of the adjoining vacated North-South alley; Together with: That part of the adjoining vacated alley lying East of the center line thereof and between the extensions across it of the North and South lines of said Lot 1; Block 13, "West Minneapolis". Torrens Property Together with: That part of 2nd Street South adjoining Block 14, West Minneapolis, lying southerly of the center line thereof, and lying between the extensions across it of the west and east lines of said Block 13. Torrens Property. And the vacated Second Street as follows: That part of 2nd Street South as dedicated on the plat of WEST MINNEAPOLIS, according to the recorded plat thereof, Hennepin County, Minnesota, lying between the southerly extension of the east line of Block 13, said WEST MINNEAPOLIS, being common with the west right of way line of 8th Avenue, and the southerly extension of the west line of said Block 13, being common with the east right of way line of 9th Avenue. Said line extensions to be prolonged to terminate at the southerly right of way line of 2nd Street South, being common with the north right of way line of H.C.S.A.H. No. 3 First Reading: November 2, 2015 Second Reading: November 17, 2015 Date of Publication: November 26, 2015 � Date Ordinance Takes Effect: November 26, 2015 � Eugene Maxwell, Mayor ATTEST: Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date ---� �\ Ka Bull IS gp 11 lul imp HUH, z 1 IN MINH 1 HIM 1 11 RUN! 1 A Holm pool! I HIM I I WIN .1 L � October 19, 2015 Planning Report SPR15-5 SITE PLAN REVIEW—THE MOLINE Prouosed Action Staff recommends the following motion: Adopt Resolution RZ15-26, recommending approval of a site plan to construct a 241-unit apartment complex at 810 First Street South. Overview The applicant is proposing to construct a 241-unit market rate apartment building at 810 First Street South. There is currently an office/industrial building on the site. The existing building will be razed and the new apartment building will be constructed. The proposed apartment building will have a below ground resident parking area, an at grade public parking area and five stories of apartments above the parking areas. There will be a patio/pool area for the residents on the Second floor of the Ninth Avenue side of the building. Second Street South will be vacated and the building footprint will extend over this area. The majority of the units will have balconies. --� Primary Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • What are the specifics of the apartment building proposal? • What is the applicant's timeline? SuAAortin�Documents • Analysis of issues • Site plans • Resolution RZ15-26 Nanc . Anderson, AICP City anner Financial Impact: $ N/A Budgeted: Y/N Source: "� Related Documents (CIP, ERP, etc.): Notes: SPR15-5 Page 2 Primary Issues to Consider � • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The zoning of the existing property is I-1, Industrial. The Comprehensive Plan has designated the site as mixed use. The property will be rezoned to mixed use. • What are the specifics of the apartment building proposal? Building The building, as proposed, will be a six-story building with parking on the first floor. An additional parking area will be below ground. The first floor parking area will be public, and the below ground parking area will be for resident parking. Along Ninth Avenue there will be an outdoor pool on the second floor. This pool area will also have a putting green and bocce ball area. In addition, the building will have amenities such as a state-of-art fitness center with a spa, fire pits, grilling kitchens, community entertainment rooms, business center and a pet spa. Six of the units will have walk-up entrances along Eighth Avenue. The building will be a secure building with security cameras. On the sixth floor on the Eighth Avenue side there will be a sky lounge and deck for the residents. There will also be a private patio area on Eighth Avenue. This area will be for the �— residents of the building and will consist of a fire element, television, grill areas and seating. There is a 5000 square feet reception/leasing area for the building on the southeast corner. The building will have 119 one-bedrooms, 103 two-bedrooms, 13 three-bedrooms and six one- level, walk-up units, for a total of 241 units. The building will also have a driver break area on the southwest corner of the building for Metro Transit. A dog run has been added on Ninth Avenue. Parking/Access Access to the parking areas will be from First Street South. The public and resident parking areas will have separate parking entrances. The lower resident parking will have 256 heated parking stalls, and the public parking will have 190 parking stalls. There are three elevators from the resident parking area to the apartments. In addition to the three elevations, there are two resident access points on the Ninth Avenue side, one on Eighth Avenue and one internally from the parking area. The public walking entries to the public parking area are on the southeast and Ninth Avenue sides of the building. � SPR 15-5 Page 3 --� The ordinance requires a minimum of one space per unit. The parking ratio for the residents is one. There also are 15 spaces required for guests, for a total of 256. The mechanical and maintenance areas for the building are located on the first floor parking area. Setbacks The following are the required and proposed setback and height requirements for the Mixed Use zoning district: Mixed Use Proposed Front yard 1/5 minimum/maximum 1 foot West side yard 0 minimum 16' 2" East side yard 0 minimum 0 Rear yard 0/1 minimum/maximum 0 Height four stories minimum six stories Floor Area Ratio (FAR) 3-5 minimum/maximum 4.46 Exterior -� The exterior will consist of masonry, glass, metal panels, stone, cementitious panels, and natural wood accents. The two main materials of the exterior will be face brick and metal panels. Some of the metal panels will have the colors of blue and red. There are mechanicals on the roof that will be screened by a four-foot parapet. On the west, south and north sides most of the first floor, public parking exterior will have a frame set into an opening for an open air garage, in addition to brick and stone. Landscaping The landscape plan details plantings on First Street, Eighth and Ninth Avenues and Excelsior Boulevard. There will be seven trees planted on the boulevard on Ninth Avenue. A variety of shrubs will be planted along the building on Eighth and Ninth Avenues and Excelsior Boulevard. Three evergreens will be planted along First Street. The areas on Eighth Avenue where the walkups are located are separated from the sidewalk by planters. The plan details perennials/ornamental grasses in the planters. The walk-ups will have a cedar trellis above each entry. Interior The apartments will have granite countertops, washers and dryers, large closets, and the majority --� will have balconies. SPR15-5 Page 4 � Engineering/Public Works The following are the comments from the city engineer: • The sanitary sewer cannot connect to the existing 8" line in Ninth Avenue as shown; the line must connect to the 30" city sanitary sewer line at the intersection of Excelsior Boulevard and Ninth Avenue. • The water main cannot connect to the existing line in Ninth Avenue as shown; the line in Ninth Avenue is actually a 6" diameter line. The water main must connect to the 12" water main in First Street South. • Existing city utilities within the Second Street South right-of-way must be removed in their entirety. The sanitary sewer shall be removed to the manhole in Ninth Avenue and the invert shall be plugged. The water main must be removed between the Eighth and Ninth Avenues; the tee fittings at the existing mains shall be plugged. • The City will coordinate an analysis of the water system based on the new development. The City's consultant, PCE, will complete the analysis. The developer will be responsible for the costs to complete the analysis. • Disturbed City streets curb and sidewalks shall be repaired per City specifications and standards. • More detail is needed regarding the design of the storm water facility along the west side of the building. The applicant is required to obtain the proper permits from the Nine Mile Creek Watershed District. �' • The existing City monument at Eighth Avenue and Excelsior Boulevard is proposed to be relocated by others this year. The applicant shall not disturb and/or shall protect the monument. Artery The applicant is aware of the Artery and the improvements on Eighth Avenue and is working with the City's consultant to mesh the applicant's development with the Eighth Avenue improvements. Staff is recommending that the site plan be approved with the condition that the applicant return to the Council to review the plan when designs for the Artery have been completed. There will be a 10-foot easement from the applicant for the Artery. Resident Courtyard on Eighth There is a proposed courtyard for the residents on Eighth Avenue. The access to the area is from gated stairs off of Eighth Avenue. The courtyard will be separated from Eighth Avenue by raised planters and screening. Staff is recommending that there are be prohibitive signs at the outdoor space. The outdoor space will have a grill, television and fire element area. There is a considerable area in the courtyard for landscaping. � SPR15-5 Page 5 , � Sidewalk In addition to the improvements on Eighth Avenue, the site will have sidewalk on the three other sides. Fire Marshal The fire marshal has reviewed the preliminary plans and found them acceptable. One comment on the preliminary plans is there will have to be stand pipes in the stairwells. Building Official The building official has reviewed the preliminary plans and found them acceptable. Lighting The applicant is proposing accent lighting around the building. There will be lighting for the entry area for the walk up townhomes. The entries to the building will be lit and also down lighting in the overhangs in front of the public spaces. Trash -� There are two trash areas for the building on the first floor parking area. These trash areas are located on the Ninth Avenue side. There are garage doors located at the trash areas which will allow the trash containers to be taken outside the building for removal of the trash. Bike Storage/Racks The ordinance requires bike parking at one space for every two units, which would be 120 spaces. The area for the bike parking for the residents is located in the resident parking area. There are 124 bike parking spaces for the residents. The ordinance also requires 12 bike spaces for short term. There will be seven bike racks in the bike lounge which will meet the short term bike requirements. Signage The plans identify two signs on the building that identify the building as The Moline. The size of each sign is 79 square feet. The maximum a sign can be in the Mixed Use district is 96 square feet. The applicant has not identified other signage for the building. Bike Lounge On the northwest corner of Excelsior and Eighth Avenue, or the southeast corner of the ^ development, will be a public bike lounge. There will be vending machines, bike repair station, electronic device changing station, hydration station, bike storage, and dog watering station. SPRI S-5 Page 6 Staff recommends that the applicant submit additional details for the bikers lounge and before staff approves the final plans. � Watershed District The applicant will need watershed district approvals. Surrounding Uses The site is surrounded by Excelsior Boulevard to the south, residential to the east and north, and the Post Office and auto mall to the west. • What is the applicant's timeline? The applicant is proposing to raze the existing building in November and December and start construction in the spring. Alternatives 1. Recommend approval of the site plan to construct a 241-unit apartment building at 810 First Street South. By recommending approval of the site plan, the City Council will consider a recommendation of approval. 2. Recommend denial of the site plan to construct a 241-unit apartment building at 810 First Street South. By recommending denial of the site plan, the City Council will consider a �-- recommendation of denial. If the Planning Commission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the Planning Commission indicates that further information is needed, the item should be continued. � CITY OF HOPKINS Hennepin County, Minnesota � RESOLUTION NO: RZ15-26 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A SITE PLAN TO CONSTRUCT A 241-UNIT APARTMENT COMPLEX AT 810 FIRST STREET SOUTH WHEREAS, an application for Site Plan approval SPR15-5 has been made by the Doran 810, LLC (the "Applicant"); and WHEREAS, the procedural history of the application is as follows: 1. That an application for Site Plan approval was made by Doran 810, LLC on September 29, 2015; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on October 27, 2015: all persons present were given an opportunity to be heard; and 3. That the written comments and analysis of City staff were considered; and --1 WHEREAS, A legal description of the subject property is as follows: Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 19 and 20, all in Block 13, West Minneapolis, Together with: Those parts of the adjoining north-south alley and of the adjoining easterly-westerly alley adjoining said Lots that accrued to said Lots by reason of the vacation thereof, and Together with: That part of 2nd Street South adjoining said Block 13, lying northerly of the center line thereof, and lying between the extensions across it of the west and east lines of said Block 13. Together with: Lots 1, 16, 17 and 18; Torrens Property Together with: That part of the adjoining vacated North-South alley lying West of the centerline thereof and between the extensions across it of the North line of said Lot 18 and the Southeasterly line of said Lot 16; Torrens Property Together with: That part of the adjoining vacated Easterly-Westerly alley lying Northerly of the center line thereof and between the extensions across it of the West line of said Lot 16 and the center line of the adjoining vacated North-South alley; Together with: That part of the adjoining vacated alley lying East of the center line thereof and between the extensions across it of the North and South lines of said Lot 1; Block 13, "West Minneapolis". Torrens Property Together with: That part of 2nd Street South adjoining Block 14, West Minneapolis, lying southerly of the center line thereof, and lying between the extensions across it of the west and east lines of said Block 13. Torrens Property. And the vacated Second Street as follows: ---� That part of 2nd Street South as dedicated on the plat of WEST MINNEAPOLIS, according to the recorded plat thereof, Hennepin County, Minnesota, lying between the southerly extension of the east line of Block 13, said WEST MINNEAPOLIS, being common with the west right of way line of 8th Avenue, and the southerly extension of the west line of said Block 13, being common with the east right of way line of 9th Avenue. Said line extensions to be prolonged to terminate at the southerly right of way line of 2nd Street South,being common with the north right of way line of H.C.S.A.H. No. 3 (the "Property"); and WHEREAS, the Applicant has submitted the site plan, for the review and approval of the � City, drafted by Doran Architects, LLC, dated October 15, 2015 (the "Plans"). NOW, THEREFORE, BE IT RESOLVED that the application for Site Plan approval SPR15-5 and the Plans are hereby recommended for approval based on the following Findings of Fact: 1. That the Planning Commission reviewed the proposed development. 2. That the proposed use meets the requirements for site plan approval on the condition that the requirements below are met to the satisfaction of the City. 3. That the proposed use is in compliance with the Comprehensive Plan on the condition that the requirements below are met to the satisfaction of the City. 4. That the proposed use is in compliance with the Mixed Use zoning on the condition that the requirements below are met to the satisfaction of the City. BE IT FURTHER RESOLVED that application for Site Plan approval SPR15-5 and the Plans are hereby recommended for approval subject to the following conditions that must be met, to the satisfaction of the City, prior to the issuance of any permits for the development of the Property, unless otherwise expressly provided for below: 1. The Plans and the contemplated improvements on the Property are subject to the review and approval of the Nine Mile Creek Watershed District. The Plans shall be modified as required by the Nine Mile Creek Watershed District and approved `� by the City. 2. The final drainage, grading and utility plans are subject to the review and approval of the City Engineer. The Plans shall be modified as required by the City Engineer. 3. Application to rezone the Property to mixed-use shall be made by the Applicant, subject to the review and approval of the City. 4. Application for final plat of the Property shall be made by the Applicant, subject to the review approval of the City. 5. 'I'he sight lines on Ninth Avenue and Excelsior Boulevard are subject to the review and approval of the City Engineer. The Plans shall be modified as required by the City Engineer regarding the sight lines. The sight line area shall remain in public ownership or an easement shall be granted to the City by the Applicant. 6. An agreement or plan shall be submitted, subject to the review and approval of the City Engineer, for the relocation of the CenterPoint Energy utilities, which relocation shall be completed by either CenterPoint Energy or the Applicant. 7. Applicant shall provide information regarding the existence of any utilities owned by Xcel Energy in Second Street South, subject to the review and approval of the City Engineer. In the event any utilities owned by Xcel Energy exist in Second Street South, an agreement or plan shall be submitted, subject to the review and approval of the City Engineer, for the relocation of the Xcel Energy utilities, which relocation shall be completed by either Xcel Energy or the �--� Applicant. 8. The Applicant shall enter into a purchase agreement, drafted by the City, for the vacated Second Street South. 9. The Plans shall be modified to provide greater detail and final configuration of the bikers lounge, subject to the review and approval of the City. ^ 10. That the outdoor space on Eighth Avenue has no probative signage. 11. That the Applicant shall provide the cost of the landscaping and pedestrian improvements, subject to the review and approval of the City to ensure that the ordinance requirements are met. The Plans shall be modified as required by the City. 12. That once the final design of the Artery is completed the Applicant shall return to the City Council for final approval of that area on Eighth Avenue. 13. The Applicant shall enter into an agreement, drafted by the City, for a 10-foot easement along Eighth Avenue. 14. The Plans shall be modified, subject to the review and approval of the City Engineer, to provide for the sanitary sewer line to connect to the 30 inch city sanitary sewer line at the intersection of Excelsior Boulevard and Ninth Avenue. 15. The Plans shall be modified, subject to the review and approval of the City Engineer, to provide for the water main to connect to the 12 inch water main in First Street South. 16. The Plans shall be modified, subject to the review and approval of the City Engineer, to provide for the removal of existing city utilities within Second Street South right-of-way with the sanitary sewer being removed to the manhole in Ninth Avenue and the invert plugged, the water main being removed between Eighth Avenue and Ninth Avenue and the tee fittings at the existing mains shall be plugged. 17. The Plans shall be modified, subject to the review and approval of the City '' Engineer, to provide for more detail regarding the design of the storm water facility along the west side of the proposed building. The Applicant shall obtain all permits required from the Nine Mile Creek Watershed District. 18. The Applicant shall pay to the City all fees and costs that the City incurs in coordinating and completing an analysis of the water system based on the proposed development, including, but not limited to, fees associated with the City's consultant. 19. The Plans shall be modified, subject to the review and approval of the City Engineer, to provide for disturbed City street curb and sidewalks to be repaired by the Applicant per City specifications and standards. 20. The existing City monument on Eighth Avenue and Excelsior Boulevard is proposed to be relocated by others. The Applicant shall not disturb and/or shall protect the monument. 21. At all times, all construction on the Property shall be made in compliance with the Plans, as modified herein, all applicable local, state and federal rules and regulations. Adopted this 27th day of October 2015. ATTEST: ---� Scott Kerssen, Chair acres Current Improved Change to Pros* Cons value value Hopkins Option 1: Increase in Compromise � taxable value integrity of Re-zone 7630 No $1,288,000 $4,030,000 $2,742,000 zoning Excelsior Blvd change Job creation from Business Building over Park to Industrial city boundaries Limits future development Option 2: Creates future Lose taxable (SLP redevelopment value in recommendation) opportunity short term Exchange (combined property: 1.28 acres with 7900 7630 Excelsior 2.11 $1,288,000 $4,030,000 Excelsior Blvd) Blvd (2 parcels) in ($329,800) Hopkins current All one for value property 8050 Powell Rd (2 3.39 $958,200 unknown owner parcels) in SLP Unknown future �' value Option 3: Both cities gain Not agreed taxable value to by SLP Add 8000 Powell 1.94 $1,775,500 unknown 3.22 acres in short Rd in SLP to term(?) Option 2 $1,445,700 current Enhanced value future redevelopment Unknown opportunities future value Still all one property owner *Minnehaha Creek Watershed District gains from any option that allows Japs Olson to expand Issues to consider: • Are there other options? • Who takes lead on property owner discussions, legal work, public engagement,etc. • Cost of making new maps � M WMI x = z - fl? 11 F - Q 9 9 X 9 0 1: x jf ro, 00 0 Z :q z z m z M C a C/31) I w , : ; ; 11 ill 12111 onpiII if MO 00 21 HUM* g 0F HA m a 3 0 z p 'HAN. lit Fm v FIs ad fl o XS 51' gym Ake—� la: I 6 ea LA. z X49 AAP., M MIS MO 00 21 0 z p M Z2 lit Fm v FIs fl HII g — 0 m a n 0 0 R E 2 M ch) 0 OF M. rn WA 0 I 0 > z Z 0 J Z z z m 1i 1, zm z m c m X u6 R mw Z 0 ig z tD V a u, ! �ca Y' ease . ............ 8TH AVENUE SOUTH u �O I (goo 1-3 r -H sj & 1.4 M M ftpn Mml 0 0 ii z b z 0 0 2 0 45 m 0 z m va m 08 I m z m om m mo I M z m > En 71L I m I , �m T9 , i b r 9 ,1l n. to �o r , ' .-q 91- - � -.......... 7�............ . T.- T T .. . ... ... . . ... ......... .... ! -u m . »/yE z z Ft. \ / /\\<\\< \ ? � � ) \ 9m 40 \ \\ \! \� ��r, i w : m g :0 m zi z m m m m ' b 1 O I I N 'xa m m e 2Pa F ¢ om G i i T ,,mss m 0 wl �'.. I UIQ g :0 m zi z m m m m ' b 1 O I I Ll M 0 C) 7, 0 m rue rn IN m r - m 1* 0 z CD I M 0 z m m r - m 1* 0 z CD I 5z . ... ...... - 7- . z ov ei a elf - rl m c 5z z ov ei a elf - October 19, 2015 Planning Report VN 15-4 SIDE YARD SETBACK VARIANCE— 140 11TH AVENUE NORTH Proposed Action Staff recommends the following motion: adopt Resolution RZ15-24 recommending approval of a side yard setback variance at 140 11 th Avenue North. Overview The applicant at 140 11`h Avenue North has requested a 3' 10 17/32" side yard setback variance to construct an addition. In 1966 the home was granted a side yard setback variance to construct a garage on the south side of the property. The property abuts tne Hennepin County Regional Railroad Authority's (HCRRA) property. The new property owner assumed that the fence and patio were on their property. Parts of the fence and patio are on the HCRRA property. The fence was constructed without a permit. The current home does not have access from the garage into the home. The addition would '� provide access to the home from the garage. Primarv Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • What does the ordinance require? • What are the specifics of the applicant's request? • What practical difficulties does the property have? Supportin�Documents • Analysis of Issues • Site plans • Resolution RZ15-24 1U Dl� Nancy . Anderson, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N Source: --� Related Documents (CIP, ERP, etc.): Notes: VN 15-4 Page 2 Primarv Issues to Consider � • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The subject property is zoned R-1-A, Single and Two-Family High Density. The Comprehensive Plan has designated the site as Low Density Residential. • What does the ordinance require? The ordinance requires an eight-foot side yard setback. • What are the specifics of the applicant's request? The applicant is requesting a three foot 10 17/32 inch side yard setback. • What practical difficulties does the property have? The new state statute requires three standards for the granting of a variance. The three requirements are: 1. Practical difficulties cited in connection with the granting of a variance, i.e., property owner proposes to use the property in a reasonable manner not permitted by an official control; �" 2. The plight of the landowner is due to circumstances unique to the property, not created by the landowner; and 3. The variance, if granted, will not alter the essential character of the locality. The applicant meets the requirements to grant a variance. Alternatives 1. Recommend approval of the side yard setback variance. By recommending approval of the side yard setback variance, the City Council will consider a recommendation of approval. 2. Recommend denial of the side yard setback variance. By recommending denial of the side yard setback variance, the City Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the Planning Commission indicates that further information is needed, the item should be continued. � �' CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: RZ15-24 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A SIDE YARD SETBACK VARIANCE WHEREAS, an application for Variance VN15-4 has been made by Howard Johnson and Billee Kraut; and, WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN 15-4 was made by Howard Johnson and Billee Kraut on September 25, 2015; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on October 27, 2015: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of the City staff were considered. 4. A legal description is as follows: ^ Lot 2 Block 77 West Minneapolis 2"d Division NOW, THEREFORE, BE IT RESOLVED BY THE ZONING AND PLANNING COMMISSION OF THE CITY OF HOPKINS, MINNESOTA, that application for VN15-4 for a three foot 10 17/32 inch side yard setback variance to construct an addition on the south side of the existing home at 140 11`�' Avenue North is hereby recommended for approval based on the following Findings of Fact: 1. That there exists a practical difficulty because of the location of the existing home. 2. That the proposed garage cannot be moved to the east because of the topography of the rear of the site. 3. That the variance will not alter the essential character of the surrounding area. 4. That the landowner did not create this circumstance. BASED ON THE FOREGOING FINDINGS OF FACT, the Zoning and Planning Commission of the City of Hopkins, Minnesota, hereby determines that the literal enforcement of the side yard setback would cause practical difficulties because of circumstances unique to the subject property, that granting of the requested variance to the extent necessary to compensate for such practical difficulties is in keeping with the intent of the Hopkins City Code, and that the side yard setback variance of three foot 10 17/32 inch is reasonable. BE IT FURTHER RESOLVED that application for Variance VN 15-4 is hereby � recommended for approval subject to the following conditions: 1. That the fence and patio are removed from the Hennepin County Regional Railroad property. 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