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2013.07.08 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA Monday, July 8 2013 at 7:00 .m. Council Chambers, Crystal City Hall Commissioners, please call 763.539.9942 or email john.sutter@crystalmn..gov if unable to attend * Items for which supporting materials are included in the meeting packet A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the fnllnwinn mPmharc nraGpnt- ❑ Commissioner (Ward 1) ❑ Commissioner (Ward 2) ❑ Commissioner (Ward 4) Sears [Vice Chair] Kolb Richter ❑ Commissioner (Ward 1) ❑ Commissioner (Ward 3) ❑ Commissioner (Ward 4) Heigel VonRueden [Chair] Johnson ❑ Commissioner (Ward 2) ❑ Commissioner (Ward 3) I ❑ Commissioner (At -Large) Erickson Buck [Secretary] Strand B. APPROVAL OF MINUTES * Moved by and seconded by to approve the minutes of the June 10, 2013 regular meeting with the following exceptions: Motion carried. C. PUBLIC HEARINGS 1. Consider Application 2013-08 for Preliminary and Final Plat of Crystal Economic Development Authority Sixth Addition resulting in two lots at 3556 and 3564 Welcome Avenue North * Staff presented the following: G: IPLANNINGTIanning Commission12013107.081agenda detailed.doc The following were heard: Planning Commission discussion: Moved by and seconded by to (recommend approval) (recommend denial) (continue consideration) of the Preliminary and Final Plat of Crystal Economic Development Authority Sixth Addition resulting in two lots at 3556 and 3564 Welcome Avenue North Motion carried. 2. Consider Application 2013-09 amending City Code Section 520 (Site and Building Plan Review) * Staff presented the following: The following were heard: GAPLANNINGTIanning Commission12013107,081agenda detailed.doc Planning Commission discussion: Moved by and seconded by to (recommend approval) (recommend denial) (continue consideration) of the amendments to City Code Section 520 (Site and Building Plan Review) Motion carried. D. NEW BUSINESS 1. Opportunity for review and comment on Application 2013-10 for vacation of part of a platted drainage and utility easement along the east lot line of 5824 27tH Avenue North and 2708 and 2716 Zane Avenue North (City Council to hold public hearing on July 16) * E. GENERAL INFORMATION 1. City Council actions on previous Planning Commission items: — Approved realignment of the side lot line between 4924 and 4930 56t" Avenue North (consistent with the Planning Commission recommendation) 2. Quarterly Development Status Report * 3. Staff preview of likely agenda items for Monday, August 12, 2013 meeting F. OPEN FORUM G. ADJOURNMENT Moved by and seconded by to adjourn. Motion carried. The meeting adjourned at p.m. G:TLANNlNGTIanning Comm ission12013107.081agenda detailed.doc U11 IQ C Page l of 2 CRYSTAL PLANNING COMMISSION MINUTES Monday, June 10 2013 at 7:00 .m. Council Chambers, Crystal City Hall CALL TO ORDER The regular meeting of the Crystal Planning Commission cony d at p 0 p,m- ith the followina members present: *% X Commissioner (Ward 1) X Commissioner (Ward 2)'X m %sio e Gard 4) Sears [Vice Chair] Kolb Rich X Commissioner (Ward 1) X Commissioner (W3) Comer (Ward 4) Heigel VonRueden [Chair] Vsoyn X Commissioner (Ward 2) X Commission ( d 3} mmissioner (At - Erickson Buck [Secret ] La e) Strand Also attending were staff members John Sutand CON e Elfelt and City Attorney Mike Norton. APPROVAL OF MINUTES Moved by Commissioner minutes of the May 13, 21 .:I eeti ommissioner Buck to approve the Motion carried unanimously. :)n 2013-07 for realignment of a side lot line between 4924 and North er, John Sutter, presented the staff report. missioner Buck asked how the structure on 4930 was built encroaching on eighboring lot. Mr. Sutter explained a previous owner of the home had ded on to the garage without a permit. Chair VonRueden opened the Public Hearing. There being no testimony, Chair VonRueden closed the Public Hearing. Planning Commission discussion: G: IPLANNINGTIanning Commission12013106.Iftnapproved minutes.doc lea U E F. VI]Ukl �.JIV YVl1111111L11bJ VI JUlfa.� t.vf� a fuaau faab �.va•. •+•.✓...�•. ...........b Page 2 of 2 Commissioner Heigel inquired about who records the lot line documents with Hennepin County. Mr. Sutter stated the city would make sure the required documents are recorded with Hennepin County. Commissioner Richter asked if the new property that is proposed for 4924 will be a rental. Mr. Sutter stated there are no restrictions on whether this property is rental, but the owner has said he is building the house to sell now that market conditions have improved. Moved by Commissioner Richter and seconded by Co issio "° Buck to recommend approval of the proposed realignment of the lot line tween 4924 and 4930 56th Avenue North. NEW BUSINESS Planning Commission training prese OLD BUSINESS Discuss proposed amendme Review) -Commission discussed recommended by thelel 'I meeting. GENERAL INF imously. Mike Norton 520 (Site & Building Plan nges to the draft were ring will be at the July 8, 2013 May 21*'on previous Planning Commission items: X5.11 31 st Ave N keit enda items for Monday, July 8, 2013 meeting ent at 2708 Zane 556 Welcome into two lots Amendments to City Code Section 520 — None heard G. ADJOURNMENT Moved by Commissioner Buck and seconded by Commissioner Johnson to adjourn. Motion carried unanimously. The meeting adjourned at 8:45 p.m. GAPLANNINGTIanning Commission12013106.I ftnapproved minutes.doc M E M O R A N D U M DATE: July 2, 2013 TO: Planning Commission (July 8, 2013 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director SUBJECT: Public Hearing (Application 2013-08): Consider a Preliminary and Final Plat of Crystal Economic Development Authority Sixth Addition resulting in two lots at 3556 and 3564 Welcome Avenue North A. BACKGROUND The subject property, presently addressed as 3556 Welcome Avenue North (PID #21- 118-21-21-0057), contains 17,235 sq. ft. (0.4 acres). It is surplus property left over from the reconstruction of Highway 100 which the Minnesota Department of Transportation sold to the Economic Development Authority of the City of Crystal ("the EDA") in 2010. The EDA has made the property available since spring 2010 for construction of a single family house but there have been no takers at the EDA's $55,000 lot price. In June 2013 the EDA determined that the property would be more likely to sell if it were divided into two lots, as follows: LOT PROPOSED ADDRESS LOT AREA LOT PRICE 1 3556 Welcome 8,220 sq. ft. (0.19 acres) $50,000 2 3564 Welcome 9,015 sq. ft. (0.21 acres) $35,000 Notice of the Planning Commission's July 8, 2013 public hearing was mailed to property owners within 350 feet and published in the Sun Post on June 27, 2013. No comments have been received to date. Please note that the EDA is also selling the lot at 3548 Welcome which is directly south of the parcel being replatted. This means there would be a total of three lots for new home construction, but only the north two lots would be a result of the plat. The following Exhibits are attached: A. 2012 aerial photo B. Preliminary Plat C. Final Plat (corrections in process) D. Sketch showing the likely footprints of the new houses E. Sketch showing water and sewer stubs installed F. Sketches showing proposed grading and cutting/filling plans PLAT 3556 WELCOME INTO TWO LOTS (3556 & 3564) PAGE 1 OF 2 B. STAFF COMMENTS Each of the proposed lots would comply with the Zoning Ordinance's minimum lot dimensions required for the R-1 district: 60 feet wide, 100 feet deep and 7,500 sq. ft. area (all three must be met), except for the rear lot line of Lot 2 (3564 Welcome) which is allowed to be less than 60 feet wide due to the curvature of 36th Avenue. For each lot, city water and sanitary sewer stubs are located between the sidewalk and front lot line. Centerpoint Energy has an existing main located on the bike trail property approximately 21 feet east of (behind) the lots. Xcel, Comcast and Century Link currently terminate at a pole in front of 3540 Welcome (the existing house to the south). Xcel will run an underground secondary line from the pole to a new pedestal at the southwest corner of Lot 1 (between 3548 and 3556) from which it will serve the new houses with underground services. Comcast and Century Link have not yet determined their routing but will likely provide service in a manner similar to Xcel. As part of the plat, there will be 10 foot drainage & utility easements along the west side of the lots, in addition to 5+ feet of right-of-way between the lot line and the sidewalk. The same goes for the 3548 Welcome lot directly south of the plat, where a similar 10 foot drainage & utility easement has been recorded. The end result is that the private utilities will have 15+ feet of available utility space east of the sidewalk in front of the three lots. The EDA will cut Lot 2 down so it is roughly level with Lot 1. Some of the excess material will be used to slightly raise the grade (by <1 foot) in the boulevard along 36th Avenue, and also to create a low berm (no more than 3 feet high) in the first 20 feet of the bike trail property east of the lots. City code requires the payment of a park dedication fee prior to any subdivision which creates a new residential parcel. These fees go to help pay for capital improvements to the city's park system. There would be a net gain of one residential parcel (3564 Welcome) with a price of $35,000 and the fee is 2% of market value, so the EDA will pay a $700 park dedication fee. There are no SAC charges because the site has existing credits remaining from the 12 unit apartment building which MnDOT acquired and demolished in 2000 to make way for the Highway 100 project. C. REQUESTED ACTION Staff recommends approval of the Preliminary and Final Plat. Planning Commission action is requested in the form of a recommendation to the City Council. PLAT 3556 WELCOME INTO TWO LOTS (3556 & 3564) PAGE 2OF2 Interactive Map�, "too 21-118-21-21-.0057 A -T -B Vorrens Map Scale: 1" --- 50 ft. ID: Print Data: 6/17/2013 Owner Econ Dev6 Athy City Crystal Market $0 Name: Total: Parcel 3556 WeIcorne! Ave, N Addresw Crystal, MN 55422 Property Type: Home— stead: T"'m $0.00 Total: (Payable: 2013) Sale Price: Sale DaW This map is a compilation of daia from variOLIS sources and is furnished "AS rS" vvIth no representation or warranty expressed 0o implied, inducting fitness of any particular purpose, merchaniabilIty, or the accuracy and Gornpleleness of the information Shown. Parcewl 0,39 acres Sale COPYRIGHT 0 HENNEPIN COUNTY 2013 Area: 171 18'3 �q ft Codw Interactive Mai ps Parcel21­118-.21-21-0057 A. -I'41: Torrens Map Scale: 1 50 ft. 11), Pr4it Date, 6/17/2013 Owner Econ Devel Athy City Crystal Market $0 Narne: Total: Parr,el 3656 Welcome Ave N Addrem Crystal, MN 55422 Property Home- stead: Tax $0.00 Total: (Payable: 2013) saw Price: Sale Date: This rnap is a compilalion of data horn V@110 us sources and is furnished "AS IS" wiIh no representation or warranty expressed or implied, including ribriess of any paftiWlar pUrPOSo merchantability, or the accuracy and completeness of the inforrnafion shown. Parcel 0.39 acres Sale Arpa: 17,183 q ft Code: COPYMGHT D HENNEPIN I GOUNITY 2013 J; I I (,_, F; �: rr 1 v "In I'll 11 M, -10 RY PLAI LOT SURVEYS COWANV, 1Ne CRYSTAL ECONOMIC DEVELQPMEN AUTHORITY SIXTH ADDITION 36TH AVENUE M. STATE HIGHWAY N.. 100 Ld f L 0 T' — --------- 3 j -4 :1 q Z.Z., '.o 7 . . . . . . ---- ------------ — ----------- „ 311, A- v "In I'll 11 M, -10 RY PLAI LOT SURVEYS COWANV, 1Ne CRYSTAL ECONOMIC DEVELQPMEN AUTHORITY SIXTH ADDITION CRYSTAL ECONOMIC DEVELOPMENT AUTHORITY SIXTH ADDITION"CC D - I -.. , I � � � CR. DOC NO ... . ... ............ ..... .... . . ...... ..... .... Q------------ D- In i+I".� �u I� C € '01" E 62.68 �-----'---___----' ------------------------------------ - C--- ---- �n -- -62.67--'""";"..':•_.",`F:._"'„ -__- ° \ _ \ \ 0 7� z ------ - _ - `' pw WELCOME AVENUE N. 4 /l PER DOC. No. 8856 J n. w ' - 0) <5�.i„n - ET EASEMENT PER DOC. No, 588564E NI o /— --,_---_ __- _ '�73"� , w p I k, WEST L INE OF PUR£'S CRYSrAL ADD. s ' w • `'' " - _----7--_ O --= W ^ 130 25 0 I I X P eep O? j �7 CI've T z ' 12 '40,, pIE75, J OD a} - a . 17 C> 0 o c/) - .� a W �-ry( UUP, _ 9.1 '� [ilµy/�• •..F _ `.�1NE OF LOT 1_BLOCK 1, ROSEOALE ACRE'S WEST LINE OF LOT 2O, ROSEDALE ACRE' as �—j— vy < I 1VA� jZj. TI---���•---!!1111 ••. 2 �jI I--�---__-__-___60.99- i ,.- --� A -- �'• "-n�= .. m Z I L___ T—RE +� e —�me - N ° o PARKING &�STRE�T EASEMENT'PER DOC. No. 630280 c;,, — _ -- ' .. N -_-_-__-. F ih a /' (T��_ KE"ST LINE OF LOr>-PURE'S CRYSTALI ADD. \ W � - _WEST LINE OF HOKKANEN'S AOD EXTENDED i°` �`� �' ✓ / TRACT 6' _ �� TRACT m� C W D04 -10" W 184.6 w °-- °-- v __--_---_ 1 S ADD. -j' HOKKANEN I V STREET EASEMENT --- OW 4 w?F 4 � WELCOME AVENUE N. PER DOC. No. 588564 STREET EASEMENT PER DOC. No. 588564<—___ —7-7este cu,b WEST LINE OF PURE'S CRYSTAL ADD. - — — — — — — — — -- - — — — — — — — — — — — — — — 3 o 0 bo IB' .,h 03 N Y_ N l2oS6 -, -------- ZVdr 00 00 02 TRACT E z — co o M 3 o ACRES 9.1 LAST LINE OF LOT 1, BLOCK 1, ROSEDALE ACRES WEST' 1.lNE 11 LOT 20, ROSEDALE ACRD o 2�_l co _o (0 60.,99-- Iz, I i 0) II Zt1v w3 z G) ------------------ n I` ­j PARKING &I STREET'EASEMENT' DOC. No. 63028 41 WEST LIKE OF LOT>-PURPS CR WEST I TNF OF HOKKANkN'S AOO'EXTENDED TRACT R TRACT c —d jF_—c. *EST LL 0 'VE or SlIKKANEWIS ADD. _'A51?4 ----------- STREET EASEMENT — 0 WELCOME AVENUE N. 72� 4 OC. 0. cq 10STREET EASEMENT PER DOC. No. 588564<____NI go c o nic -------- f k _WEST LINE OF PURE'S CRYSTAL ADD. 3c 4:1.,:�`, ----------------- o - - - - - - - - - - - - - - 130.25 o 18 10"box67 - - - - - -VL9 lV 264 es zono17,51 00 ---------------- ,777 0, ------ ----- O� N TRACT E O 6) EAST LINE OF LOT 1, 6LOCK 1, ROSEDALE ACRES WEST L NF OF LOT 20, ROSEDAL6 ACRI% pA ID 7 -Al ,q - - - - - - - - - - - - - - - - - - T - PARKING & STRE� EASEMENT' PER DOC. No. 6.3028 -2.68 NEST LINE OF LOT CURE'S C WEST LINE OF HOKKANEN'S ADD 'EXTENDED TRACT R . TRACT C C Alin" %At 'NEST LINE OF 11OKKAIIEN11 ADD. T ljf: og —gg M E M O R A N D U M DATE: July 2, 2013 TO: Planning Commission (July 8, 2013 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director SUBJECT: Consider Application 2013-09 amending City Code Section 520 (Site and Building Plan Review) Section 520 of city code (Site and Building Plan Review) was originally adopted in 1995. It applies to larger construction projects, mainly commercial, industrial, institutional or high density residential, but not single family homes or duplexes. It lays out a Planning Commission and City Council review process including notice to property owners within 350 feet, similar to conditional use permit, variance or other zoning applications. It also contains site and building design guidelines, although to a large degree these are consistent with (and often supplanted by) requirements found in the zoning ordinance. Its intent and purpose statement (520.01) is as follows: It is the intent of this section to serve the public interest by promoting a high standard of development within the city. Through a comprehensive review of both functional and aesthetic aspects of new or intensified development, the city seeks to accomplish the following: a) implement the comprehensive plan; b) maintain and improve the city's tax base to a reasonable extent; c) mitigate to the extent feasible adverse impacts of one land use upon another; d) promote the orderly and safe flow of vehicular and pedestrian traffic; and e) preserve and enhance the natural and built environment. The City Council has initiated a review and possible amendments to Section 520 and asked the Planning Commission to recommend changes for Council consideration. In the current version, submittal/review requirements are mixed together with the design standards in various parts of Section 520. The amendment would result in the submittal/review requirements all being found in 520.07 and the design standards being found in 520.09, 11 and 13. One of the main effects of the changes is to set clear thresholds for different levels of approval needed, depending on the size of the building expansion relative to the existing building. As drafted, the thresholds are as follows: 10% or less Section 520 does not apply (requires only a building permit) SECTION 520 (SITE & BLDG PLAN REVIEW) PAGE 1 OF 2 10%-50% More than 50% For comparison: Section 520 applies, but staff may complete the review and approval without a Planning Commission public hearing and City Council approval Section 520 applies and a Planning Commission public hearing and City Council approval are required Robbinsdale only requires site plan review as part of zoning -related approvals (CUPs, variances, etc.) New Hope has a similar ordinance and uses the following thresholds: Under 25% Site plan review applies, but staff may complete the review and approval without a Planning Commission public hearing and City Council approval 25% or more Site plan review applies and a Planning Commission public hearing and City Council approval are required • Golden Valley's ordinance is specific to its 1-394 mixed use district and uses thresholds: Under 10% Site plan does not apply (requires only a building permit) 10% or more Site plan review applies and a Planning Commission public hearing and City Council approval are required Brooklyn Center's ordinance requires site plan review including a Planning Commission public hearing and City Council approval, without any exceptions for small additions or provisions for staff approval. After holding the public hearing, the Planning Commission should make a recommendation to the City Council on the attached ordinance amendment. Going forward, the schedule would be as follows: 7108 Planning Commission public hearing 7116 City Council - first reading 8105 City Council - second reading & adoption 8115 publication 9114 effective date SECTION 520 (SITE & BLDG PLAN REVIEW) PAGE 2 OF 2 Section 520 — Site and building plan review 520.01. Purpose. It is the intent of this section to serve the public interest by promoting a high standard of ,. development within the city. Through a comprehensive review of both functional and aesthetic aspect, "Of new or intensified development, the city seeks to accomplish the following: a) implement the comprehensive plan; b) maintain and improve the city's tax base to a reasonable extent; C) mitigate to the extent feasible adverse impacts of one land use up `7 �iA Qther;e d) promote the orderly and safe flow of vehicular and pedestrian td e) preserve and enhance the natural and built environmoi't. 520.03. Approval required. Except as provided in subsection 5.x.0.05, , ihout,,At st obtaining site and building plan approval it is unlawful to do any of the following: a) construct a building; b) move a building to any lot withln'the city3; C) expand or change the use oda butdlding,orparcel of land or modify a building, accessory structure or site or land featurem4 y manner which results in a different intensity of use, including the requirement £or additional parking; d) grade or take oth actioni94F�.o prepare a site for development, except in conformance with a permit or an approypd p1n; or e) removicearifi ;$oils,°'gravel or other natural material from or place the same on a site, exceO(:iu:,canformance with a permit or an approved plan. 520.05. Excoflbtis. The folli r ing do not require site or building plan approval: construction or alteration of a single family or two familyresidential building or i,.s, a'g far accessory building; enlargement of a building by ono more than 10% of its gross floor area, provided that there is no other special land use action required varian involved and also p idc: that +1 direetor- F eemmunitce,, development has eondueied an adrninistra4ve+eview-pufatant to subseeti , 520.15. or c) changes in the leasable space of a multi -tenant building where the change does not intensify the use, require additional parking, or result in an inability to maintain required performance standards. UM MMUVZ�Mmi MEMO 520.07. Review procedure. Subdivision 1. Application. Application for a site and building plan review is made to the director of community development on forms provided by the city and must be accompanied by the following: a) a pPlat or map of the property showing the proposed improvements; within350 feet of the pfopeFty as eh appear on the eo ! "outer„ Taxpayer- Sefyiees Division Mahn,.,-; IY 1.][Vll Sr1UAAUSVI, f be) eEvidence of ownership or an interest in the property; cd) tT_he fee required by appendix M, de) eComplete site and building p.l architect, civil engineer, landscape architect or other 1 and ualified person acceptable to the director of corn' the following unless determined by the directoxjo be u is 1) elevations of all sides of the building, 3) floor plan; ii 4) dimensions of.al'I"stru�turei �`tr►cludin sidewalks,' l;h surfaced areas and an built; and= 5) the'locatiot.ot�titiiity connections, tra ventilation and air conditioning equip on the property, ►tans pre of coma 1 '>3y a'tegistered but also cu ling containers, he; ►v other fixtures or to be ther qualified person acceptable_ to ie following unless determined by boundary lines of the proper!), with accurate dimensions,• locations of existin and ro osed buildin s arking lots, roads and other improvements; 3 proposed grading plan with two foot contour intervals,• 4 location approximate size and common name of existing trees and shrubs; 5 a planting schedule containing symbols, quantities, common and botanical names, size of.plant materials, root condition and special planting instructions; l 6planting-details illustrating proposed locations of all new plant material; 7 locations and details of other landscape features including berms fences and planter boxes, details of restoration of disturbed areas including areas to be sodded or seeded; 9) location and details of irri ate ion systems; and 10) details and cross sections of all required screening f) sSuch other information as may be required by the city. ; Subd. 2. Plan amendment. An al3plioatien f;9F a Site and building plaft-reVIj q 1!�� eel fo -e buildings having a visual rela4iefiship to the developpw4-, -And with existing and f�itui yiE ereation of a funetional and har-manious design for struetufes and site features, with speeial aRention to the F ll.,,, inn: e�y ' 1 an internal sense of eFdef for- the buildings mid uses on the site and provisiaji of J; 2) the amount and location of open-,pace-a4id landseaping�- 7", If.— tGNlpird 3^,` I +,o xiea+ e epared and setting following:ilding n 5 11: the planning _I o date. eeff"�n� jectives of the city's development ,. bse tate to pingwith tier the the 515.07 general acid stet-,, wffter ible by xFFln3 appear-anee of -e buildings having a visual rela4iefiship to the developpw4-, -And with existing and f�itui yiE ereation of a funetional and har-manious design for struetufes and site features, with speeial aRention to the F ll.,,, inn: e�y ' 1 an internal sense of eFdef for- the buildings mid uses on the site and provisiaji of J; 2) the amount and location of open-,pace-a4id landseaping�- 3) matOFials, textures, colors and details of eenstfuction as an expFession of the desig eoneept and the eempatibility of the same with the adjaeont and neighboring stFHet:uFes and uses; and "seg- -5204 1 Subd. 2. Planning commission review. Except as provtd6d for= hearing requirements of this section. The city may decline to grant an extension if there has been a change in circumstances affecting the property or if there are other reasons to justify the denial. A change in circumstance may be an approved modification to the comprehensive guide plan, substantial changes to the surrounding development pattern or other items as determined by the city. Subd. 38. Three extensions. Three consecutive one-year extensions constitutes conclusive proof` that the development has not made adequate progress toward completion, and no further extensions 111Ay:�,;nz be granted. SU 10 Subd. 9. Conditions. The planning commission, city council or director of con development may impose conditions in granting approval to site and building plans to of this section or to protect adjacent properties. 520.21 Subd. 10. Specific project. Site and building plans are valid approval is granted. Construction of all site elements must be in substantia specifications approved by the planning commission, city council or direct a. General Standards. In evaluating a site and buildir )uncil must consider the plan's compliance_ with the a) consistency with the elements and objecti the comprehensive plan general buildinj� management plan; b) consistency with this section; C) preservation of the site.in its°iatU.ral:state soil removal and designin"' erade changes d) creation of a liarinor[ious relationshi deve eugy conservation througl se and location of glass in Asion of facilities conduc ;intent with the use of the for the pbjggt`for which plance with the plans and �irtmUr ity development. including tormwater extent practicable by minimizing tree and in keeping with theeneral appearance of ildings and open spaces with natural si ags having a visual relationship to the •ized trans and elevation o scane materials faciliti protection of adjacent and nei hboring�roperties through reasonable provision for surface water drainage, sound and sign buffers, preservation _of views, light and air and those aspects of design not adequately covered by other regulations that may have substantial effects on neighboring land uses; and h creation of a functional and harmonious design for structures and site features with special attention to the following.: 1) an internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community; 2) the amount and location of open space and landscaping; 3} materials textures colors and details of construction as an expression of the design concept and the compatibility of the same with the a-djacent and�a �.3 neighboring structures and uses; and ular and pedestrian circu na in terms of location ai 520.2-311. rchitectural-Designstandards. Subdivision 1. Intent. It is not the in design freedom unduly when reviewing project architecture in eonnection,,with' However, it is in the best interest of the city to promote high standards of at`vh,i1 compatibility with surrounding structures and neighborhoods. ^ feh:t.P-t�~n' 3 afe h'+ + of +i qualified per -son auea + bl + the di + F, 0ffl.,�' pity Bio,,, followingT- a) elevations of all sides _efth build' ; b) building W�%i:R=3:. m type and color- of e?cterior e) ., +, nl floor- , In n; �3 rive iaiid lic'street� ity"fo restrict lulding plan. ign and conditioning equipment. Subd. 2. ExterioApaterjals, Blink walls, unadorned prestressed concrete panels, concrete block, unfinished metal and ce"rrugated metal are not permitted as exterior materials for residential or non- residential buildings'.`t' re ffiPtion does not apply to industrial uses, provided that adequate screening is included in th ;design. This restriction applies to principal structures and to accessory buildings except those access*t buildings net visible from any exterior property line. The city council may, at its 'architecturally enhanced block or concrete panels. , discreti�#`allow` ,m. SitV 3. Mechanical equipment. Rooftop or ground mounted mechanical equipment and exterior tra �a dyec ling storage areas must be constructed of or enclosed with materials aesthetically :,. <� ith the principal structure. Low profile, self-contained mechanical units that blend in with to building architecture are exempt from 'the screening requirement. a Subd. 4. Utilities. Underground utilities must be provided for new and substantially renovated �v structures. a) boundary lines of the prepei:ty with aeeufate 5 b) leeations of existing and pi-oposed J parking lots, roads and other , d) location, approximate size and common na e of existing -e-, and shr. ba, - e) a planting schedule eontainingsymbols, J conifflon and botanical names, 11 .,t' 4 1 4 diti and - t tr f , rau � ib u�o •aav .o,,S, Is IP 520.2713. Minimum !Landscaping r-equirernentsStandards. Stibdivisibul 1. Plan. Open areas of a lot that are not used or improved for required parking areas, drives or storage iiust be landscaped with a combination of overstory trees, understory trees, shrubs, flowers and ground cover materials. The plan for landscaping will include ground cover, bushes, sh'rubbery,trees,'Sculpture, foundations decorative walks or other similar site design features or materialslIn a quantity, having a minimum value in conformance with the following table: Project Value (including buildingcinstrutiott, €;;a; Minimum Landscape Value site preparation, and site improverawits) Below $1,000,000 - — 2% $1,000,001 - $2,000,6 — $20,000 + 1% of Project Value in excess of $1,000,000 $2,000,001:; $3,*,000 $30,000 +- 0.75% of Project Value in excess of $2,000,000 $31060"A I<_- 11 $14,000,000 — $37,500 + 0.25% of Project Value in excess of $3,000,000 cvi $k 000,000 = 1% e here healthy plant materials of acceptable species exist on a site prior to its development, the application of the standards in this subdivision may be adjusted by the city council to allow credit for such material, provided that such adjustment is consistent with the intent of this section. The city may permit the seeding of areas reserved for future expansion of the development if consistent with the intent of this section. Subd. 2. Trees. A reasonable attempt must be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. Subd. 3. Overstory trees. New overstory trees must be balled and burlapped or moved from the growing site by tree spade. Deciduous trees must have a minimum caliper of 2'/2 inches. Coniferous trees will be a minimum of six feet in height. Ornamental trees must have a minimum caliper of 1'/2 inchesa`The city forester may waive these tree size standards in specific cases where smaller sizes may produce better outcome as determined by the city forester. Subd. 4. Uncovered areas. Site areas not covered by buildings, sidewalks, parking 16ts,"3 driveways, patios or similar hard surface materials must be covered with sod or an equivalegt gr'oun'd' cover approved by the city. This requirement must not apply to site areas retained in a na;tural'st t6= Subd. 5. Sprinkler system. In order to provide for adequate maintenance of landsehpe.d'areas, an underground sprinkler system must beprovided as part of eaek new dek elp elk not at ly twofamily dwellings and additioas to existing struetupes that do P­w irite ,n r+... eturninstalled when a new buildine is constructed or an e ifflg 9WIdinp, s being enlarged by 50% or more of its existing gross floor area. A sprinkler systemareas- exeept is not required for areas to be preserved in a natural state -or are i si ned and will be maintained in a manner as to not require irrigation, subject to the review ail Lapproval of i 'city forester. Subd. 6. Trees: species. Not more than 5-830% of the required"o0mber�'df trees must be composed of one species and no tree may be planted if it is listed on thk-qM fore4Wt s rohibited tree list. The f llowing g treesare disease, 520.29Sq�d. 7. ldternh,°;paiking lot landscaping. Subdivision ' .Parking stalls. Parking lots containing over 130 stalls musf be designed to incorporate unpaved, landscaped islands in number and dimension ,'regdirga by the city. Landscape islands must contain a minimum of 180 square feet. islands Striped nci'arkin aeras that are necessary to promote the safe and efficient flow of traffic are not to be counted in`f$2lculati,on of the 150 stalls. subject to11 " stand afd an d in t Subd. i8. Landscape areas. Parking lot landscape areas must cover at least 8% of the surface in rich they are contained. Such n.,ri iHg 10t jaHiseape areas, including landscape islands, must be119 t reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Padii'i3g let'�seape--Such areas must be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch or shrubbery subject to review and approval by the city forester. as deteFmined lLandscape trees must be provided at the rate of one tree for each 15 surface parking spaces provided, or major fraction thereof. Parking:ot !Landscaping must be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission. 5-20.3 1 Subd. 9. Maintenance of landscaping. The owner, tenant and their respective agents are jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover that -are, required by an approved site or landscape plan and which have died must be replaced within three mot of notification by the city. However, the time for compliance may be extended up to nine additional 4 months by the director of community development in order to allow for seasonal or weather conditions. 520.33Subd, 10. Retaining walls. Retaining walls must be constructed in prepared by a registered engineer or landscape architect it eonforrnance with if p building code. 520.3415. Landseaping bond Escrow deposit required. Subdivision 1 landscaping, aqy d areas or other similar improvements to property cash escrow deposit is required iR ffeeeFdaflee • pith thePFON'iSiQP8 Set subdivision 3 d) ofthe zemng eedeto guarantee completion of the r,vs and trees for at least one year after installation. Thg_uarante� <:of vV6i shall be governed by a site improvement agreement betwedii t i ,,cit accordance with the city's standard form for such agf 0menVhTep e development. Subd. 2. Completion of work. Upon:Oomplctiot `of the work, In cases where various elements of the work' i&oorrinleted in distinc ui 4h plans uniform .When screening, n a PeFf ..r. nee a and survival of the tanoseapmg escrow release and related matters director of for of the escrow maybe approved b the-diie "o of coffiinunitydevelopment. In the event construction of the project is not completed withiw4h"e tYjp pros ibed by building permits atid-or other approvals, the �E.. city may, at its option, complete the work `4using the escrow. Subd. 3. Exten ion. ) ,,, ty may allow an extended period of time for completion of all landscaping if the dela e,is due tO conditions which are reasonably beyond the control of the developer. Extensions not exceeding �!8 4ays, nine months may be granted due to seasonal or weather conditions. If an extension i anted, the city may require additional security as appropriate. 520.371 Zcre buffef,ed iti*,O FA;� � OE s d buffering. Subdivision 1. Certain uses. The following uses must be screened or with the requirements of this subdivision: Principal buildings and structures, and any building or structure accessory thereto, located in any business commercial, industrial or planned u+1mit-development zonin district and containing non-residential uses, must be buffered from lotsi-adjacent.-property located_ in any residential or planned development district and used for any residential purpose. Principal buildings and structures and any building or structure accessory thereto loeated at -having densities exceeding five units per acre must be buffered from lots lee R ' A '' or T' 3 dist is adjacent p roo erty having a -lower residential density than the subject proper . C) Off-street parking facilities containing five or more spaces must be buffered from streets leeated within 25 feet, nd f em lots that ^ e adiacent property used for apy residential purpose. d) Loading docks must be screened from lot lines and public roads unless specifically determined by the city council to be unnecessary. e) Trash and recycling storage facilities must be screened from lot lines and publiQ roadsr unless specifically determined by the city council to be unnecessary. f) Outside storage in business commercial and industrial districts that is provisions of this code must be screened from all public views. Subd. 2. Materials. Required screening or buffering may be achieved With funccs'Walls, earth berms, hedges or other landscape materials. Walls and fences must be architectur"afly harmonious with the principal building. Earth berms may not exceed a slope of 3:1. The semp. r ru t, ---ie d4s.i' ed to employ materials that provide an effective visual barrier. Subd. 3. Location. Required screening or buffering must,be looted o the lot occupied by the use, building, facility or structure to be screened. No screening or buffering "May be located on a public right of way or within eight feet of the traveled portion of a street "or highway, nor within 2C��u the 7oning cod the sight triangle described in the zoning ordinance. Subd. 4. Height. Required screening or buffering frust be of a height needed to accomplish the goals of this section. Height of plantings req,ttted't ndet thissection must be measured at the time of installation unless this requirement is specifie' jlk _moved by the city council. E„ <s ORDINANCE NO. 2013 - AN ORDINANCE AMENDING AND RECODIFYING SECTION 520 OF CRYSTAL CITY CODE (SITE AND BUILDING PLAN REVIEW) THE CITY OF CRYSTAL ORDAINS: Section 1. Crystal City Code, Section 520 is amended to read as follows: Section 520 -- Site and Building Plan Review 520.01. Purpose. It is the intent of this section to serve the public interest by promoting a high standard of development within the city. Through a comprehensive review of both functional and aesthetic aspects of new or intensified development, the city seeks to accomplish the following: a) implement the comprehensive plan; b) maintain and improve the city's tax base to a reasonable extent; C) mitigate to the extent feasible adverse impacts of one land use upon another; d) promote the orderly and safe flow of vehicular and pedestrian traffic; and e) preserve and enhance the natural and built environment. 520.03. Approval required. Except as provided in subsection 520.05, without first obtaining site and building plan approval it is unlawful to do any of the following: a) construct a building; b) move a building to any lot within the city; C) expand or change the use of a building or parcel of land or modify a building, accessory structure or site or land feature in any manner which results in a different intensity of use, including the requirement for additional parking; d) grade or take other actions to prepare a site for development, except in conformance with a permit or an approved plan; or e) remove earth, soils, gravel or other natural material from or place the same on a site, except in conformance with a permit or an approved plan. 520.05. Exceptions. The following do not require site or building plan approval: a} construction or alteration of a single family or two family residential building or accessory building; PAGE 1 OF 9 b) enlargement of a building by no more than 10% of its gross floor area, provided that there is no other special land use action required; or C) changes in the leasable space of a multi -tenant building where the change does not intensify the use, require additional parking, or result in an inability to maintain required performance standards. 520.07. Review procedure. Subdivision 1. Application. Application for a site and building plan review is made to the director of community development on forms provided by the city and must be accompanied by the following: a) Plat or map of the property showing the proposed improvements b) Evidence of ownership or an interest in the property C) The fee required by appendix IV d) Complete site and building plans, signed by a registered architect, civil engineer, landscape architect or other qualified person acceptable to the director of community development and showing the following, unless determined by the director to be unnecessary: 1) elevations of all sides of the building; 2) type and color of exterior building materials; 3) floor plan; 4) dimensions of all structures, including not only buildings but also curbs, sidewalks, hard surfaced areas and anything else that is built or proposed to be built; and 5) the location of utility connections, trash and recycling containers, heating, ventilation and air conditioning equipment, and any other fixtures or equipment on the property. e) Landscape plans prepared by a landscape architect or other qualified person acceptable to the director of community development and showing the following unless determined by the director to be unnecessary: 1) boundary lines of the property with accurate dimensions; 2) locations of existing and proposed buildings, parking lots, roads and other improvements; PAGE 2OF9 3) proposed grading plan with two foot contour intervals; 4) location, approximate size and common name of existing trees and shrubs; 5) a planting schedule containing symbols, quantities, common and botanical names, size of plant materials, root condition and special planting instructions; 6) planting details illustrating proposed locations of all new plant material; 7) locations and details of other landscape features including berms, fences and planter boxes; 8) details of restoration of disturbed areas including areas to be sodded or seeded; 9) location and details of irrigation systems; and 10) details and cross sections of all required screening. f) Such other information as may be required by the city. Subd. 2. Planning commission review. Except as provided for in Subd. 4, upon receipt of a completed application a date will be set for planning commission consideration using the same procedure as for consideration of conditional use permits in the zoning ordinance. Subd. 3. Multiple applications. A site and building plan application that is accompanied by a request for another special land use application must be considered by the planning commission concurrently with the other application. Subd. 4. Administrative approvals. Site and building plans that involve enlargement of a building by more than 10% and no more than 50% of its gross floor area, and do not require any other special land use action may be approved by the director of community development. If any application is processed administratively, the director of community development must render a decision within 10 business days after receipt of a complete application and notify the applicant. There is no application fee for administrative approvals. Subd. 5. Appeal. Any person aggrieved by a decision of the director of community development may appeal the decision to the planning commission in the manner specified for administrative appeals in the zoning ordinance. Subd. 6. Term of approval. Commencement of construction. Construction of the building or initiation of the use must begin no later than December 31 of the year following the year in which site and building plan approval is granted. After the expiration of such period the approval is null and void unless the city council grants an extension of time or a building permit has been issued and substantial work performed on the project. PAGE 3 OF 9 Subd. 7. Extension. Upon request by the applicant, the city council may grant a one-year extension of time for a site and building plan approval following compliance with the notice and public hearing requirements of this section. The city may decline to grant an extension if there has been a change in circumstances affecting the property or if there are other reasons to justify the denial. A change in circumstance may be an approved modification to the comprehensive guide plan, substantial changes to the surrounding development pattern or other items as determined by the city. Subd. S. Three extensions. Three consecutive one-year extensions constitutes conclusive proof that the development has not made adequate progress toward completion, and no further extensions may be granted. Subd. 9. Conditions. The planning commission, city council or director of community development may impose conditions in granting approval to site and building plans to carry out the intent of this section or to protect adjacent properties. Subd. 10. Specific project. Site and building plans are valid only for the project for which approval is granted. Construction of all site elements must be in substantial compliance with the plans and specifications approved by the planning commission, city council or director of community development. 520.09. General Standards. In evaluating a site and building plan, city staff, the planning commission and city council must consider the plan's compliance with the following: a) consistency with the elements and objectives of the city's development guides, including the comprehensive plan, general building requirements, zoning ordinance and stormwater management plan; b) consistency with this section; C) preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of neighboring developed or developing areas; d) creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and fixture buildings having a visual relationship to the development; e) promotion of energy conservation through design, location, orientation and elevation of structures, the use and location of glass in structures and the use of landscape materials and site grading; f) provision of facilities conducive to non -motorized transportation where practicable and consistent with the use of the property and existing or proposed off-site facilities; PAGE 4 OF 9 g) protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sign buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations that may have substantial effects on neighboring land uses; and h) creation of a functional and harmonious design for structures and site features, with special attention to the following: 1) an internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community; 2) the amount and location of open space and landscaping; 3) materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses; and 4) vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. 520.11. Design standards. Subdivision 1, Intent. It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Subd. 2. Exterior materials. Blank walls, unadorned prestressed concrete panels, concrete block, unfinished metal and corrugated metal are not permitted as exterior materials for residential or non-residential buildings. This restriction does not apply to industrial uses, provided that adequate screening is included in the design. This restriction applies to principal structures and to accessory buildings except those accessory buildings not visible from any exterior property line. The city council may, at its discretion, allow architecturally enhanced block or concrete panels. Subd. 3. Mechanical equipment. Rooftop or ground mounted mechanical equipment and exterior trash and recycling storage areas must be constructed of or enclosed with materials aesthetically compatible with the principal structure. Low profile, self-contained mechanical units that blend in with the building architecture are exempt from the screening requirement. Subd. 4. Utilities. Underground utilities must be provided for new and substantially renovated structures. PAGE 5 OF 9 520.13. Landscaping Standards. Subdivision 1. Plan. Open areas of a lot that are not used or improved for required parking areas, drives or storage must be landscaped with a combination of overstory trees, understory trees, shrubs, flowers and ground cover materials. The plan for landscaping will include ground cover, bushes, shrubbery, trees, sculpture, foundations decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table; Project Value (including building construction, site preparation, and site improvements) Below $1,000,000 $1,000,001 - $2,000,000 $2,000,001 - $3,000,000 $3,000,001 - $4,000,000 Over $4,000,000 Minimum Landscape Value = 2% = $20,000 -+- 1% of Project Value in excess of $1,000,000 $30,000 + 0.75% of Project Value in excess of $2,000,000 = $37,500 + 0.25% of Project Value in excess of $3,000,000 = 1% Where healthy plant materials of acceptable species exist on a site prior to its development, the application of the standards in this subdivision may be adjusted by the city council to allow credit for such material, provided that such adjustment is consistent with the intent of this section. The city may permit the seeding of areas reserved for future expansion of the development if consistent with the intent of this section. Subd. 2. Trees. A reasonable attempt must be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. Subd. 3. Overstory trees. New overstory trees must be balled and burlapped or moved from the growing site by tree spade. Deciduous trees must have a minimum caliper of 2%2 inches. Coniferous trees will be a minimum of six feet in height. Ornamental trees must have a minimum caliper of 1'/2 inches. The city forester may waive these tree size standards in specific cases where smaller sizes may produce a better outcome as determined by the city forester. Subd. 4. Uncovered areas. Site areas not covered by buildings, sidewalks, parking lots, driveways, patios or similar hard surface materials must be covered with sod or an equivalent ground cover approved by the city. This requirement must not apply to site areas retained in a natural state. Subd. 5. Sprinkler system. In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system must be installed when a new building is constructed or an existing building is being enlarged by 50% or more of its existing gross floor area. A sprinkler PAGE 6 OF 9 system is not required for areas to be preserved in a natural state or are designed and will be maintained in a manner as to not require irrigation, subject to the review and approval of the city forester. Subd. G. Trees: species. Not more than 30% of the required number of trees must be composed of one species, and no tree may be planted if it is listed on the city forester's prohibited tree list. Subd. 7. Internal parking lot landscaping. Parking stalls. Parking lots containing over 150 stalls must be designed to incorporate unpaved, landscaped islands in number and dimension as required by the city. Landscape islands must contain a minimum of 180 square feet. Striped no parking areas that are necessary to promote the safe and efficient flow of traffic are not to be counted in the calculation of the 150 stalls. Subd. 8. Landscape areas. Parking lot landscape areas must cover at least 8% of the surface in which they are contained. Such areas, including landscape islands, must be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Such areas must be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch or shrubbery subject to review and approval by the city forester. Landscape trees must be provided at the rate of one tree for each 15 surface parking spaces provided, or major fraction thereof. Landscaping must be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission. Subd. 9. Maintenance of landscaping. The owner, tenant and their respective agents are jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover that are required by an approved site or landscape plan and which have died must be replaced within three months of notification by the city. However, the time for compliance may be extended up to nine additional months by the director of community development in order to allow for seasonal or weather conditions. Subd. 10. Retaining walls. Retaining walls must be constructed in accordance with plans prepared by a registered engineer or landscape architect if required by the building code. 520.15. Escrow deposit required. Subdivision 1. Improvements. When screening, landscaping, paved areas or other similar improvements to property are required, then a cash escrow deposit is required to guarantee completion of the work and survival of the landscaping and trees for at least one year after installation. The guarantee of work, escrow release and related matters shall be governed by a site improvement agreement between the city and the property owner in accordance with the city's standard form for such agreement prepared by the director of community development. Subd. 2. Completion of work. Upon completion of the work, the escrow deposit shall be released. In cases where various elements of the work are completed in distinct stages, a request for partial release of the escrow may be approved by the director of community development. In PAGE 7 OF 9 the event construction of the project is not completed within the time prescribed by building permits or other approvals, the city may, at its option, complete the work using the escrow. Subd. 3. Extension. The city may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions not exceeding nine months may be granted due to seasonal or weather conditions. If an extension is granted, the city may require additional security as appropriate. 520.17. Screening and buffering. Subdivision 1. Certain uses. The following uses must be screened or buffered in accordance with the requirements of this subdivision: a) Principal buildings and structures, and any building or structure accessory thereto, located in any commercial, industrial or planned development zoning district and containing non-residential uses, must be buffered from adjacent property located in any residential or planned development district and used for any residential purpose. b) Principal buildings and structures and any building or structure accessory thereto having densities exceeding five units per acre must be buffered from adjacent property having a lower residential density than the subject property. C) Off-street parking facilities containing five or more spaces must be buffered from adjacent property used for any residential purpose. d) Loading docks must be screened from lot lines and public roads unless specifically determined by the city council to be unnecessary. e) Trash and recycling storage facilities must be screened from lot lines and public roads unless specifically determined by the city council to be unnecessary. f) Outside storage in commercial and industrial districts that is allowed by other provisions of this code must be screened from all public views. Subd. 2. Materials. Required screening or buffering may be achieved with fences, walls, earth berms, hedges or other landscape materials. Walls and fences must be architecturally harmonious with the principal building. Earth berms may not exceed a slope of 3:1. The screen must be designed to employ materials that provide an effective visual barrier. Subd. 3. Location. Required screening or buffering must be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering may be located on a public right of way or within eight feet of the traveled portion of a street or highway, nor within the sight triangle described in the zoning ordinance. Subd. 4. Height. Required screening or buffering must be of a height needed to accomplish the goals of this section. Height of plantings required under this section must be PAGE 8OF9 measured at the time of installation unless this requirement is specifically waived by the city council. Section 2. This ordinance is effective on September 14, 2013 in accordance with Subsection 110.11 of the City Code. First Reading: July 16, 2013 Second Reading and Adoption: August 5, 2013 Publication (Summary): August 15, 2013 Effective Date: September 14, 2013 ATTEST: Chrissy Serres, City Clerk PAGE 9OF9 Jim Adams, Mayor M E M O R A N D U M DATE: July 2, 2013 TO: Planning Commission (July 8, 2013 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director SUBJECT: Application 2013-10 for vacation of part of the platted drainage and utility easement along the east lot line of 5824 27th Avenue North and 2708 and 2716 Zane Avenue North (City Council to hold public hearing on July 16) The owner of 2708 Zane Avenue North (Perttula) seeks a building permit for a 12' x 20' shed in the rear yard. The proposed shed location would encroach into an existing platted utility easement of variable width along the rear (east) lot line of the property. The easement has a width of 10 feet at the north lot line increasing to 12.5 feet at the south lot line. Perttula seeks vacation of part of the easement to allow construction of the proposed shed. Because the same easement issue impacts the properties on each side of 2708 Zane, the scope of the application was broadened by staff to address the issue for all three properties owners at the same time. Over the span of all three properties, the easement width ranges from 7.5 feet on the north side of 2716 Zane to 15 feet on the south side of 5824 27th. The subject properties are legally described as Lots 1, 2 and 3, Block 8, Westbrook Addition. Staff opinion is that the platted easement was intended to accommodate utilities running in a straight but angled line from the northeast corner of 2716 Zane to the rear lot line in the block to the south across 27th Avenue in Golden Valley. However, when the utilities were subsequently installed, the angled transition was completed where the lines cross 27th Avenue, which kept the lines parallel and directly adjacent to the east lot lines of the properties. Therefore it does not appear that the entire easement is necessary for utility purposes, and the standard 5 feet would be sufficient. Also, the extra easement width reduces the property owners' ability to have accessory buildings in their rear yards in a manner similar to other properties in Crystal. For these reasons, that portion of the platted utility easement in excess of 5 feet wide is not necessary and may be vacated. Xcel Energy has reviewed the matter and concurs with the staff opinion. On July 16, staff will recommend that the City Council vacate all but the easterly 5 feet of the platted utility easement along the rear (east) lot lines of the properties. This will accommodate the proposed shed at 2708 Zane provided that no part of it, including roof overhangs and eaves, may be located within or above the 5 foot utility easement being retained along the rear lot line. Because it is the City Council that holds the required public hearing for vacations, no Planning Commission action is required. However, if necessary, the Planning Commission may approve a motion providing official comments for Council consideration at the July 16 public hearing. VACATE PART OF UTILITY EASEMENT - 27T}{ & ZANE PAGE 1 OF 1 I i I , AMP W 4IN Who" I Oz 01, of r f ............ !I JIM e jai ca" I'll I RUN-1� Pa".1 A is 11 Ad On Map ',",cako,� 1 2 CM ft, Me nap G @ CA YOMMA I dam ymn amw somcamV a OMWOO 43 u4m­o implk"."d inclu6air pfear^ 01TV �,D 4,111e, purposa, wauhana.abdKy r)( dia accu� uy PAYA c Kul 5 Amu ; a u u WvRf 2 708 Ban ve 1 rot I A 3 4 4 3,,, e,F,yab!e 20 ) Cn y T", cap Daw won wwsm� OVA Me nap G @ CA YOMMA I dam ymn amw somcamV a OMWOO 43 u4m­o implk"."d inclu6air pfear^ 01TV �,D 4,111e, purposa, wauhana.abdKy r)( dia accu� uy Pared 21 -118- 21 -34-0037 A -T -B: Abstract Map Sca, le: 1 50 ft, Pilrit Date� 6/10/2013 Owner B Perttula & J A Pertftda k4arkc-A $200,000 Warne: Fotak Parcea 2708 Zeine Ave N Addresta(.,rystal, IAN 55422 Property Residential Vy Pw pionu, ldci ne,slinad $,kea(l� Pareel 01,27 acres Area; 1 1,75,']) sq N. "rax ')3,344.30 T o tz : (Payable2013) E;llle $500 Price-,162, Saka, 03/2000 Date: We VVa rra �y C)eed Thig rnap is a complaUon of data frofu various sources and is furnished "AS IS" vilith no raprasentafion orwwranty expressed or implied, inc4ding fitness of arly particular puipose, mord-iantability or the, @miracy and of the unfornna6on shown. COPYRIGI I T�O HENNEPIN C,'OUN P( 2013 Gll"5" 'I .,. �cewowmwry wautiw�iM'�W�pwRn7m�wyq� �arm�aµumiroro�wmwrvmm. �uewa �m'�kn 81�*' ... a�.. t7 k i�0 OUTLOT "9 r � 4 looIrk _ f t o 4N i Ilb 16 t6 1 I _ 1 14 i 1N76 .4 ' ' s1. i r „ to m-44 ~" 1 �1 t W ISI "p }" Ut to I m 80123 M 7-3 w'Z'6.9'/ I Aaol TrOA" D rue-Ae -vdogA 6AM6E NO, Z 749 8 ,7/Y -1w -5 40 �zy int r -RAMC- Aev#r WALA(-007 Li9r Z 740 Slow x97 7-Y 88a.S X (Yr--U0w' 7,9 Scale: I 159=2 1 )9 /V101 1?77-+ o Denotes iron monument 1000.0 = Existing elevation Bearings are assumed Benchmark: -TNH, NE 29h Ave. N @Zane Ave, N.' N.G.V.D. 1929 adjusted elevation = 857.40 feet. Herb F. Lemire RLS hereby c- erk i f'y- that 't' -h"'- i -s- s- u r v MY— - w --'s- -s - pri e -p' a r- .ed b y m e o r u n d- e r Minnesota Reg. No.. 13349. my direct supervision and that I am a duh.,eLLr-Nfered Land 4416 Abbott Ave. N Robbinsdale, MN 55422 Surveyor under the laws of the State of Minnesv�tt.q. Phone: 763.537.0497 Surveyed by me this 27th day of March, 2008. FOR: BRIAN PERTTULA 2708 Zane Ave. N Crystal, MN 55422 Legal Description: A0, 2 Me Lot 2, Block 8, WESTBROOK ADDN. TO f NA L fe- 6 U 7 A140Se 35 (Ell P4 1(c) 7,/-. 3 80123 M 7-3 w'Z'6.9'/ I Aaol TrOA" D rue-Ae -vdogA 6AM6E NO, Z 749 8 ,7/Y -1w -5 40 �zy int r -RAMC- Aev#r WALA(-007 Li9r Z 740 Slow x97 7-Y 88a.S X (Yr--U0w' 7,9 Scale: I 159=2 1 )9 /V101 1?77-+ o Denotes iron monument 1000.0 = Existing elevation Bearings are assumed Benchmark: -TNH, NE 29h Ave. N @Zane Ave, N.' N.G.V.D. 1929 adjusted elevation = 857.40 feet. Herb F. 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