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CR 91-83 CUP - TownhomesAarch 27, 19 91 „MO )bY1 Nancy (. Anderson Planner Supporting Documents. o Detailed Background o Analysis of Issues o Alternatives o Site Plans o Resolution No: R91 -07 Petition for E.A.W. � 1 \ S Y CONDITIONAL USE PERMIT - TOWNHOMES Council Report:CR91 -83 Proposed Action. Staff recommends the following motion: Move to adopt Resolution 91 -7 approving the conditional use permit to construct 12 townhomes on the corner of Hiawatha and Cambridge. Approval of this motion will allow the applicant to construct 12 townhomes. The Zoning & Planning Commission on a 3 -1 vote approved Resolution RZ91 -1 approving construction of 12 townhomes on the corner of Hiawatha and Cambridge. Overview. The applicant is proposing to construct 12 rental townhomes on the east side of Ramsgate along Hiawatha Avenue. These townhomes will be two story, three bedrooms with a 2 car tuck -under garage. Access will be from Cambridge. There is no car access from Hiawatha to the townhomes. A ponding area will be located on the north end of the site. The south end of the site will be a parking area for Ramsgate Apartments and the townhomes. This conditional use permit was referred back to the Planning Commission because of a change in the site plan. The site plan was changed to accommodate a larger holding pond which resulted in removing one unit. The Council referred this back to the Commission and asked the Commission only to review the site plan for land use and design issues. Other issues involving the past actions by the City will be reviewed the City Council. The Hiawatha residents have submitted a petition to the Environmental Quality Board to request an Environmental Assessment Worksheet (EAW) be prepared for this project. Further information on this item is provided in the report under "Notes from the Zoning & Planning Meeting." Primary Issues to Consider. o Does the proposal meet the zoning requirements? o What is the impact of this project on the surrounding area? o Should Hiawatha be widened? o What are the changes detailed on the revised plan? CR: 91 -83 Page 2 Detailed Background. Zoning and Comprehensive Plan. The zoning of the subject parcel is R -2, Low Density Multiple Family. The Comprehensive Plan has designated this parcel as high density residential. The applicant has requested an amendment to the Comprehensive Plan from high density residential to medium density residential. Exterior materials. The exterior of the townhomes is masonite siding. The color will be earth tones. Parking. The proposed plan has a two -stall garage for every unit, plus a driveway long enough for two more spaces. The Ordinance requires 2 parking spaces per unit. The proposed plan complies with this requirement. The parking area on the south side of the site can be used by both the townhomes and Ramsgate. If the Commission is concerned about enough parking for the townhomes, parking spaces can be designated for additional spaces for the townhomes. The applicant would be willing to designate spaces for the townhomes. Engineering Considerations. At the March 5, 1991 City Council meeting the City Council ordered a feasibility study for the Hiawatha sanitary sewer. This study was ordered as a result the City's consulting engineer reviewing the sewer system in Hiawatha with the new information regarding sewer problems. The City is prepared to correct the sewer problems in Hiawatha. The site plan has been revised to accommodate a larger ponding area on the north side of the property. The City's consulting engineer has been sent the revised plans. His report will be available at the meeting. The applicant will have to get permission from the Minnehaha Watershed District for this development. Any approval should be contingent on their approval and the City's consulting engineer. Landscaping. The Ordinance requires one tree per 2000 square feet of open space. The Ordinance requires 16 trees for this site. The landscape plan details 23 new plantings which meet or exceed the Ordinance requirements. There are also 106 other plantings of trees and shrubs that will be added to the site. 18 existing trees will also be retained on the townhome site if possible. Trash Handling. There will not be community trash area. Each unit will have their own trash container. CR: 91 -83 Page 3 Access. Access to the site will be from Cambridge. The townhomes and the apartments will share a 24 foot driveway easement. This easement will have a bituminous surface. 12 feet is an existing bituminous surface. Lighting. The site will have individual lights on the front and rear of the buildings. The road to the garages and parking area will also be lit. The lights for the access road are pole lights, with a height of 12 feet. Fire Marshal Consideration. The Fire Marshal has reviewed the preliminary plans and found no problems at this time. He also noted that this area has been a problem with grass fires. Screening. The parking area on the south end of site will be recessed. A retaining wall with a guard rail will be constructed on the east part of this site. The east part of the parking area abutting the residential area will remain as a buffer to the parking area. Primary Issues to Consider. o What are the changes detailed on the revised plan? The major change to the site plan was changing number of buildings to two from three and removing one unit on the north side the site. There is 10 feet separating the buildings to allow for drainage. The plat has changes slightly. The north lot line of Lot 2 has been moved approximately 27 feet to the south. o Does the proposal meet the zoning requirements? The following are the zoning requirements for the R -2 district and the proposed development: front yard: 35 feet rear yard: 35 feet side yard east: 12 feet side yard west: 12 feet height 35 feet open space 1:1.5 R -2 proposed townhomes 110 feet 35 feet 25 feet (with new ROW) 29.5 feet 31 feet 1:1.88 This is a corner lot. The front yard is Cambridge. (attached is a letter from regarding the front yard for this project) • o What is the impact of this project on the surrounding area? Any development will have an impact on the surrounding area since the lot is vacant at this time. However, because of the way the access has been designed the impact should be quite minimized for the single family homes to the east and south. Much of the activity will be from the west side of the townhomes. The townhomes, with the proposed density, will provide a good transition from single family to the higher density of the Ramsgate apartments. The apartments to the east should not have any impact. The townhomes will abut parking and garages on the apartment site. The new parking area for the apartments should be an improvement to the apartments and the current parking situation. o Should Hiawatha be widened? Hiawatha has a 40 foot right -of -way with a 22 foot bituminous surface. If the road were to be reconstructed the current roadway policy requires a minimum right -of -way of 50 -60 feet with a 26 foot roadway. The staff is recommending that 10 feet be taken from the applicant's 0 - property for right -of -way. The additional 10 feet will give Hiawatha a 50 foot right -of -way. Also, the applicant should be required to widen Hiawatha by 4 feet to the west. The extra right -of -way and the widening of the road will meet the minimum roadway requirements established in the roadway policy. The applicant has agreed to give the additional right -of -way and to widen Hiawatha by 4 feet. Alternatives CR: 91 -83 Page 4 1. Approve the conditional use permit. By approving the conditional use permit the applicant will be able to construct 12 townhomes. 2. Deny the conditional use permit. By denying the conditional use permit, the applicant will not be able to construct 12 townhomes. The Commission will have to state findings of fact which support the denial of the conditional use permit. 3. Continue for further information. If the Commission indicates that further information is needed, the item should be continued. Notes from Zoning & Planning Meeting CR: 91 -83 Page 5 Staffing explained the change from 13 units to 12 units. Arlene Dixson representing the applicant appeared before the Commission and also explained the changes. Joey Carlson appeared before the Commission. Mr. Carlson expressed a concern about the preserving of the trees on the site. The Commission discussed corner lots and if the setback on Hiawatha should be greater. The City Attorney advised the Commission that if they added a condition requiring a greater setback on Hiawatha, they would be imposing a requirement that was not enforceable. Several other residents appeared before the Commission and spoke about the trees on the site. The Commission discussed adding the following conditions to the resolution. 13. Require that the front yard setback be from Hiawatha. 14. That no grading or removal of trees occur until approval by the Environmental Quality Board. Mr. Pavelia moved to approve resolution RZ91 -1 with the two added conditions. The motion failed on a 1 -3 vote. After a considerable discussion on what to do, another motion was made. Mr. Maxwell moved to approve resolution RZ91 -1 with the two added conditions. The motion passed on a 3 -1 vote, Mrs. Reuter voting nay. The Hiawatha residents submitted a petition to the Environmental Quality Board requesting an Environmental Assessment Worksheet. The current proposal does not meet the mandatory threshold for a EAW. The proposal may meet the minimum requirements for a discretionary EAW. Staff is studying this issue further and will provide additional information to the City Council during the meeting. If the proposal meets the minimum requirements for a discretionary EAW, the City Council will need to undertake a process of determining whether it wishes to require a discretionary EAW. Also attached is the memo from Jerre Miller regarding the condition from the CUP when Ramsgate was approved regarding access to the Ramsgate Site. Date: March 8, 1991 To: Nancy Anderson From: Jerre Miller Re: Hiawatha Avenue Project C I T Y O F H O P K I N S MEMO An Equal Opportunity Employer f I have been asked to furnish an opinion and otherwise interpret the definition in our zoning ordinance concerning the manner in which a front lot line is determined. The definition is contained in Ordinance 515.07, Subd. 72 as follows: The boundary of a lot which abuts an existing or proposed public street and in the case of a corner lot, it is the shortest dimension on a public street. If the dimensions of a corner lot are within 10% of being equal, the front lot line is that street line designated by the owner and filed in the office of the building official." The purpose of the definition is to ascertain the location for a front yard setback regardless of architectural design, address or structural location each of which is subjective in nature and have no relevance to the purpose of the definition. The identical definition is one of common usage and specifically referred to in A Survey of Zoning Definition complied by the American Planning Associations. In applying the definition to the proposed project, the Mark Jones property consists of one lot, the shorter lot line of which abuts Cambridge and the longer lot line of which abuts Hiawatha. Pursuant to the definition contained in the Hopkins Zoning Ordinance, the front yard setback is measured from Cambridge Avenue to the proposed structure. This is true whether the buildings face a direction other than Cambridge. It would be possible to modify the definition by negotiation or for the safety and welfare of the public although no such concern appepgig FiVOStitlaatttiWigigkins, Minnesota 55343 612/935 -8474 There is no other way to apply the definition contained in the ordinance to the lot on which the townhomes are to be constructed. E SIGN w R011131 Om K • EXIST. TREES (RETAIN IF POSSIBLE) EXIST. TREE REMOVED PROPOSED PLANTING PA0 1100. 10' MIT COL F0 Rb1I DETENTION STORM RUNOFF PONDING AREA UOR Pas 0 20 40 60 80 100 � fL6E X PG sc-°4 p Gt 40 - . �� SN' HIA/ /ATHA AVE. 8 - A S - 8 2 - s -0 1 — 2 - TREES (DEC) CREDI ASH CANAOA RED CHERRY UTTLE LEAF UNDER SUNBURST LOCUST SUGAR MAPLE AMUR MAPLE pa ENT EASEMENT P L A N T I N G S C H E D U L E 2 1/2' 8 & 8 2 1/2' 8 & r B & B r B & e 2 1/2 B & B B & 8 TREES, EVERGREEN 8 - C COLORADO SPRUCE 3',t' POT 6 - H COLORADO BLUE SPRUCE 5' B B 4 - J BLACK HILLS SPRUCE 6• 8 & 8 EXIST. GARAGES SHRUBS /EV- ...., -tEN & DEC 11 - U PFRZER JUMPER 2 CAL POT 11 - R 60L0 TIP PFTT2ER J,}AIPER 2 GAL POT 5 - P PURPLE LEAF SANG : -E4R1' 2 GAL POT 8 - 0 IS NTI DOGWOOD 2 CAL POT 3 - R LABURNUM. AMERICA.. 2 GAL. POT s0 -s HEDGE 001.0 FLN1E SP EA 02'-0• 0 C. 100 IS RE0•D 2 GAL POT • tttttttt "SR", RAMSCATE TOWNHOUSES NOPK'NS, MINNESOTA J SCE PLAN PLANTING PLAN 1 -20' APT. BLDG. RAMSGATE 1•4101 13. 11191 gal 6) __ Ry � I•D] �, �. G 2 [•)O r IF \Q NCH P_1 a AJ F - I' �r /�.. x M H . ......x.,it X. E SIGN w R011131 Om K • EXIST. TREES (RETAIN IF POSSIBLE) EXIST. TREE REMOVED PROPOSED PLANTING PA0 1100. 10' MIT COL F0 Rb1I DETENTION STORM RUNOFF PONDING AREA UOR Pas 0 20 40 60 80 100 � fL6E X PG sc-°4 p Gt 40 - . �� SN' HIA/ /ATHA AVE. 8 - A S - 8 2 - s -0 1 — 2 - TREES (DEC) CREDI ASH CANAOA RED CHERRY UTTLE LEAF UNDER SUNBURST LOCUST SUGAR MAPLE AMUR MAPLE pa ENT EASEMENT P L A N T I N G S C H E D U L E 2 1/2' 8 & 8 2 1/2' 8 & r B & B r B & e 2 1/2 B & B B & 8 TREES, EVERGREEN 8 - C COLORADO SPRUCE 3',t' POT 6 - H COLORADO BLUE SPRUCE 5' B B 4 - J BLACK HILLS SPRUCE 6• 8 & 8 EXIST. GARAGES SHRUBS /EV- ...., -tEN & DEC 11 - U PFRZER JUMPER 2 CAL POT 11 - R 60L0 TIP PFTT2ER J,}AIPER 2 GAL POT 5 - P PURPLE LEAF SANG : -E4R1' 2 GAL POT 8 - 0 IS NTI DOGWOOD 2 CAL POT 3 - R LABURNUM. AMERICA.. 2 GAL. POT s0 -s HEDGE 001.0 FLN1E SP EA 02'-0• 0 C. 100 IS RE0•D 2 GAL POT • tttttttt "SR", RAMSCATE TOWNHOUSES NOPK'NS, MINNESOTA J SCE PLAN PLANTING PLAN 1 -20' APT. BLDG. RAMSGATE 1•4101 13. 11191 w a t 1 • 6 L b v T I e AJ 14i •• S w • f • •• I. J rwa i3 In, RAMSGATE RAMSGATE TOWNHOUSES HOPKINS, MINNESOTA J EXTERIOR ELEVATIONS CROSS SECTION • •••• ••• .• Etat 1; • • • e . ; / ... ":•--a-r-;- :. - • t : • .• I .I _ _ • 1. 5.--, - .=--• - '":,"" " IP' ' -. - — - i - - - . , i_ v ."' --- ••• ••••••• ...b.... 4......one. ••• ••,•I■ • so. :m.o....pi. i t "... _ ,.. . $ N IA,. 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GARAGES 67,130 SF 54.065 SF 13.065 SF SURFACE PARKING 24 CARS LESS 10' R.O.W. 3/91 (4850 SF) 62.280 SF NET 49.215 SF 13.065 SF 12 TOWNHOUSES (2 . boo sr - , assro 9 .oan) 12 TWO CAR TUCK UNDER GARAGES 24 SURFACE SPACES • 1 RAMSGATE RAMSGATE TOWNHOUSES HOPKINS. MINNESOTA J SITE PLAN J r -m J WAa iz 1991 ,• g- pre- pl.,' /.1-4/ 4.:A/2441eAAA.C BITAMMAJE ELIREACE •1' \ HIAWATHA • . . - AVENUE fe. - . 17J8.• • TT _ MAL OLICAIATION .01 that peat of the 0.01000.1 0... of t....e. P.a.. of Svc,. VV. Toloelvt. 117, km. 71. 0.00 of M Ilfth F81.1.1 ...a.. I.. South of *(.101l101, MAY. T. YAM the Gee feet of the Aro. Mort.. 8.11.7 Co.......141 •••••• thiet •ovt 00.0.00 •••••■■•■ 00 0.0 Cemoveleg et 17* faun... eon.. ool• th.re 10,11. An. the U•11 1104 twero. t• the 1.01.01y rtalvt.f.ovillo of the prooe. 11•74.1-.. 01 the feaet lArther• 0011.7, thee. ttttt .8.1 rtat-of... 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HIGHLAND VILLA BUILDERS ory.reAt::•;Zif dews, • -*if- • Date: March 22, 1991 To: Environmental Quality Board 300 Centennial Office Building 658 Cedar Street St. Paul, Minnesota 55155 From: Minnehaha Oaks Subdivision c/o Joey Carlson 928 Twelve Oaks Center 15500 Wayzata Blvd. Wayzata, MN 55391 Project Location A small tract in the city of Hopkins, Minnesota in the southwest corner of the intersection of Cambridge Street and Hiawatha Avenue (see accompanying map) Project Description Phone: Office 473 -8890 Home 935 -1663 The proposed project consists of building twelve (12) townhouses on a site described by Alan E. Olson, District Forester of the Minnesota Department of Natural Resources as follows. "The city of Hopkins has a valuable resource in this woodlot although it is not large it is unique as one of the only old oak woods of its type in the city. When you think that the trees that make up this little forest were seedlings not long after the American Civil War, I think there is a heritage and a history that would be worth saving for the benefit of the people of your city. There are programs at the Federal and State governmental levels to plant trees to re- establish our forests, I think we need to save the trees we already have especially in our urban environment." More details are given in the attached March 16, 1991 letter from Mr. Olson outlining additional information as to the environmental importance of the trees. Whereas, the 1.54 acres forested plot (I.D. #19- 117 - 21210001) bordering Hiawatha Ave. contains 75 mature beautiful oak trees; Whereas, these 75 oak trees average 70-80 years old; Where, the State of Minnesota is embarking on a 13.5 million dollar per year tree planting program; Whereas, the forested area adds life giving oxygen to the atmosphere; Whereas, the trees utilize carbon dioxide by the photosynthetic process; Whereas, carbon dioxide contributes to the greenhouse effect and its tendency to increase the temperature of the global atmosphere; Whereas, the global warming is undesirable; Whereas, the forested area to be preserved is virgin timber, Whereas, there are no oak trees in Central Park at 17th Avenue South in Hopkins; Whereas, there are no oak trees in Oak Park at 900 Lake Street in Hopkins; Whereas, there are no oak trees in Burns Park at 201 Park Lane in Hopkins; Whereas, City Forester, Ray Vogtmann, considers the forested area an asset to the City of Hopkins; An important sound barrier would be destroyed by the removal of these trees for the building of the proposed townhouses. In a memorandum -- May 14, 1974 Mr. John Bergly, as a consulting planner for the city of Hopkins described forested area as follows: "This strip of land is a very attractive amenity in the neighborhood and serves as a buffer between the single family homes and the apartment complex. The slope of the land and the mature trees as well as the underbrush provide a visual as well as a physical separation between two dissimilar densities." Whereas, destruction of the trees would eliminate a major and important sound barrier between Trunk Highway No. 7 and the beautiful homes of Hiawatha Oaks Subdivision; Whereas the destruction of the trees would destroy wildlife habitat and cause the movement of resident or migratory animal species; Whereas, the City of Hopkins is not planting young oak trees along the boulevards of the Hopkins streets because trees of this variety do not flourish at such locations; Whereas, construction of the several proposed townhouses will result in the loss of these beautiful oak trees; and Whereas, the construction of the townhouses would result in the destruction of virtually all the oak trees, resulting in greatly increased runoff to Minnehaha Creek, which already reaches flood stages seriously damaging to several private homes along Hiawatha Avenue; We, the undersigned hereby petition under the Minnesota Environmental Policy Act.. of 1973 to review the major environmental impact of the proposed construction project. DATE NAME ADDRESS (City and Zip Code) 2141/ 4t �}`.` r yx� ' 4' , � �..,�. ,' 1. s -- � ^ 474 / Y7( .(4 22-5 5 "1/4t Malta, 0. Km% q 1 3 )4.4o-a.a.2) ape . ge ) , )1•n S's 13 (r- '9 • er,:itj ctfaso4 Cu ( • i; j ;4 ;s 0- co 4-;!, cf;s-,, • U r� r _ 3ad �c S�or t �nM� ;4- � s y�o :s tajL fi c, Q. ` pr 4ss CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: R91 -7 RESOLUTION MAKING FINDINGS OF FACT AND APPROVED AN APPLICATION FOR CONDITIONAL USE PERMIT CUP:91 -1 WHEREAS, an application for a Conditional Use Permit entitled CUP91 -1 submitted by Mark Z. Jones to construct 13 townhomes at Cambridge & Hiawatha Avenues is hereby approved. WHEREAS, the procedural history of the application is as follows: 1. That an application for Conditional Use Permit CUP 91- 1 was filed with the City of Hopkins on December 31, 1990. 2. That the Hopkins Planning Commission reviewed such application on January 29, 1991. 3. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a hearing on January 29, 1991 and February 26, 1991: all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the City Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that application for Conditional Use Permit CUP:91 -1 is hereby approved subject to the following Findings of Fact: 1. The townhomes are a permitted use within the R -2 district. 2. That the proposed development complies with the zoning requirements for the district. BE IT FURTHER RESOLVED, that application for CUP:91 -1 is hereby approved subject to the following Conditions: 1. That the Watershed District approves the drainage for the site. 2. That the final plat reflects an additional 10 feet of right - of -way. 3. That the applicant widens Hiawatha by four (4) feet to the west pursuant to City specifications. 4. That the Metropolitan Council approves the Comprehensive Plan change. 5. That the final plat is approved. 6. That Lot 2 is an outlot. 7. That the parking area be allowed to be used by the townhomes for overflow parking. 8. That the developer is responsible for the maintenance of ponding area. 9. That approval is conditioned on final approval of the grading, drainage, and utility plans for the project. 10. That an engineer review the capacity of the existing sanitary sewer system in the area to insure that it is capable of serving the proposed project. The cost for this review shall be born by the applicant. 11. That the applicant provide copies of private easements for storm water, driveway, water mains and sanitary sewer. 12. That the applicant provide copies of private easements for storm water, driveway, water mains and sanitary sewer. 13. Require front yard setback on Hiawatha Avenue. 14. No grading or removal of trees shall occur until approval from Environmental Quality Board is obtained. Adopted this 2 day of April, 1991. Attest: James A. Genellie, City Clerk Nelson W. Berg, Mayor