2000.05.08 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY
May 8, 2000
7:00 PM
1. Approval of Minutes from the April 10, 2000 Meeting.
2. Public Hearing: Application 2000-6.8 for Lot Division, submitted by City of Crystal
Economic Development Authority (applicant and owner), for division of an
existing 127'x 290' property located at 3244 Hampshire Avenue North (P.I.D. 20-
118-21-14-0019) into two lots, one for a single family house and the other for
future redevelopment and/or public open space.
3. Public Hearing: Application 2000-7.8 for Lot Division, submitted by City of Crystal
Economic Development Authority (applicant) and L. Duong and H. K. Nguyen
(owners), for division of property located at 7200 33rd Avenue North (P.I.D. 20-
118-21-24-0002) into one 72' wide parcel to be retained by the current owners and
one 2' wide parcel to be acquired by the applicant and combined with property
located at 7116 33rd Avenue North for redevelopment purposes.
4. Public Hearing: Application 2000-8.8 for Lot Combination and Redivision,
submitted by City of Crystal Economic Development Authority (applicant) and
Randy McGovern (owner), for combination and redivision of property located at
711633 rd Avenue North (P.I.D. 20-118-21-24-0032) together with the east 2' of
—, property located at 7200 33rd Avenue North (P.I.D. 20-118-21-24-0002), for the
purpose of dividing the combined property into two 60' wide lots.
5. Public Hearing: Consider text changes to Crystal City Code Section 520.23 Subd.
2 which would add "corrugated metal" to the list of exterior building materials
that are not permitted for residential and non-residential buildings.
6. Public Hearing: Consider text changes to Crystal City Code Sections 515.35
Subd. 2 and 515.37 Subd. 2 which would add lawful gambling establishments as
permitted uses in the B-3 and B-4 Zoning Districts subject to licensing.
7. Informal discussion and announcements.
8. Adjournment
. For additional information, contact John Sutter at 531-1142 •
F1GROU MCOM DEVLPTLANNI NGT LAN COM M12000105-081agendasummary.doc
"IN April 10, 2000
CRYSTAL PLANNING COMMISSION MINUTES
The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following
present: Elsen, T. Graham, Kamp, Koss, Krueger, Magnuson, Nystrom, and VonRueden. Also present
were the following: Community Development Director Peters, Planner Sutter, Community
Development Intern Daniel, and Recording Secretary Van Krevelen. Absent (excused) was K. Graham.
Moved by Commissioner Nystrom and seconded by Commissioner Krueger to approve the
minutes of the January 10, 2000 regular meeting and February 28, 2000 work session.
Motion carried.
2. Chair Magnuson declared this was the time and place as advertised for a public hearing to
consider Application 2000-4.3 for Site Plan Review, submitted by Kevitt Excavating (applicant)
and Scott V. Kevitt (owner) for construction of a 41' x 130' building addition on property
located at 3335 Pennsylvania Avenue North (P.I.D. 20-118-21 23 0009) and zoned I-2 Heavy
Industrial.
Planner Sutter reviewed the proposed addition, stating that there is industrial usage all around,
except the townhouses located to the east of the property. The proposed addition would be
located 5' from the east lot line and 3.75' from the north lot line, with eaves extending out an
additional 3', leaving 9" remaining to the north lot line which borders New Hope. Crystal's
zoning ordinance does not require a setback unless it abuts a residential property. Drainage
would be accommodated on site, perhaps with a gutter system. The purpose of the building
would be for indoor storage of vehicles that are presently stored outside in that area.
Planner Sutter also brought two issues to the Planning Commission's attention, the pipe located
on the property needs to be resealed and the berm needs to be restored so the property drains
correctly.
Planning Commission members expressed concern over the proximity of the building to
neighboring properties, and weren't convinced that all the drainage could be kept on site. It was
also brought up that the Planning Commission imposes conditions for CUPS but they aren't
monitored, and Chair Magnuson felt policing should be improved in the future. Some members
also felt that the zoning ordinance needs to be looked at and changed so a setback would also be
required in industrial areas in the future.
Scott Kevitt, owner of 3335 Pennsylvania Ave. N., appeared before the Planning Commission.
He brought up the fact that the neighbor's building is right on a lot line and its water drains off
onto the railroad property. This neighbor has also removed the retaining wall, and they are
currently discussing his need to rebuild it. He also said he would address the pipe and berm
issues, and mentioned that the berm had been damaged during the snowplowing season. The
Planning Commission questioned him as to whether the building could be moved back or the
eaves shortened. Kevitt stated that moving the addition would not be feasible, there is a garage
door in the way, but he did agree that the eaves did not need to extend 3' and could be shortened
to 12" or 18". He also mentioned that if the retaining wall is not rebuilt he would lose lateral
support and would have to extend the foundation deeper.
Moved by Commissioner Elsen and seconded by Commissioner Nystrom to close the public
hearing.
Motion carried.
Moved by Commission Elsen and seconded by Commissioner Koss to recommend to the City
Council to approve Application 2000-4.3 for Site Plan Review, submitted by Kevitt Excavating
(applicant) and Scott V. Kevitt (owner), for construction of a 41' x 130' building addition on
property located at 3335 Pennsylvania Avenue North (P.I.D. 20-118-21-23-0009) and zoned I-2
Heavy Industrial, subject to the following conditions:
❑ The area around the pipe running from the treatment pond to the wetland shall be re -sealed
to the conditions required by the 1995 Conditional Use Permit, prior to the issuance of any
building permit for this property.
❑ The berm around the wetland shall be restored to the conditions required by the 1995
Conditional Use Permit, prior to the issuance of any building permit for this property.
❑ The building official shall determine if the proposed building can be constructed in
accordance with all applicable building codes, and shall have the authority to require the
applicant to reduce the size of the proposed addition if necessary. Additional discretion for
changes will be left to city staff because of ongoing discussions regarding the retaining wall
between Kevitt and the neighboring property.
❑ The building official shall determine of the proposed building can be constructed in such a
way in which all drainage is accommodated on the subject property, and shall have the
authority to require the applicant to reduce the size of the proposed addition if necessary. A
gutter system may be required on back of lot to keep water drainage on property.
The findings of fact are as follows: The proposal is consistent with City Code provided the
above conditions are met.
Motion carried.
3. Chair Magnuson declared this was the time and the place as advertised for a public hearing to
consider Application 2000-5.1,3,8 submitted by Prime Builders, Inc. (applicant) and Donald R.
Fetzek (owner), for property located at 6900 42"d Avenue North (P.I.D. 17-118-21 12 0006), for
the following:
❑ Rezoning from R-1 Single Family Residential to P.U.D. Planned Unit Development; and
❑ Preliminary Plat for eight privately held parcels and one parcel held in common; and
❑ Site Plan Review for construction of four buildings, each with two attached single family
dwellings (a total of eight units), together with parking, landscaping, drainage and other site
improvements.
Community Development Intern Daniel stated that staff feels rezoning is appropriate and meets
city standards. The driveway would be 10' from the west lot line, the minimum is 20' but in
order to preserve the oak trees, the minimum requirement could be reduced if it wasn't necessary
to protect the community. Staff feels that because of the considerable screening proposed, this
can be done. There would also be "No Parking" signs posted in driveway areas with inadequate
width for a 20' fire lane and a 10' parking lane. The lot will be replatted into nine parcels, eight
of which will be privately held and the ninth (Outlot A) will be held in common. Outlot A
would have a blanket easement, the other easement on the southern edge of the property is for
future Hennepin County improvements to 42"d Avenue such as a relocated sidewalk or new trail.
Each dwelling unit would have approximately 1,800 square feet, 908 square feet each level.
All units are above 884' flood zone with the cutting and filling proposed. Drainage would be
toward Memory Lane Pond, on the east side of the property it would use a storm sewer on the
west side, and a combination of storm sewer and grading and on the east side. The City
Engineer said the plan was acceptable, but that any storm sewer piping needs to be a minimum
of 8" diameter.
Staff also recommends that tree fencing be installed before grading and that the developer get
professional guidance in saving the oaks.
Staff also brought to the attention of the Planning Commission the existence of potential
environmental issues such as possible methamphetamine production and an underground oil
''"IN storage tank. The developer has been requested to do a Phase I environmental review.
John DeVries, Prime Builders spoke to the Planning Commission and said it is very well-
defined by the MPCA how he has to deal with environmental issues such as the oil storage tank.
Also, because this was a tank used for heating one residential property, it's a small tank, and
even if all the oil in the tank leaked underground it wouldn't constitute a hazard. MPCA has
tested the ground and found nothing and he doesn't anticipate a problem with contamination.
He also stated that he has had 3 meetings with neighboring residents, and they have indicated
they don't want a fence between this development and their properties. A berm can't be used
because of drainage issues, and to the best of his knowledge no residents have objections to the
buffering proposed. He also proposed installing a central lift station rather than individual ones.
That way it would be the responsibility of the association and the pump would be larger and
better.
Donald Fetzek (owner), RR 1, Box 134, Grasston, MN spoke before the Planning Commission.
He stated that the underground tank is actually located in a concrete room, so was questioning
whether that would be considered underground. Later he also said he wanted to thank whoever
put in the provision to preserve the oak trees.
Jerry Pastoors, 4331 Louisiana Ave. N. was concerned about storm water drainage and feels it is
a problem in the City of Crystal. He stated that even though this 1-2 acre development alone
may not make a difference, it would if you added them all up.
Keith Stier, 6700 42nd Ave. N., also spoke to the Planning Commission. He wanted to know
how far the townhouses would be off the pond and whether they would be low income. It was
stated that the first unit would be 25 % feet from the property line, and they would be owner -
occupied and not targeted for low income.
The Planning Commission questioned several things. Chair Magnuson was concerned about
rezoning the property P.U.D. If there was contamination from the underground tank and the
developer would choose to discontinue the project, that property would still be zoned P.U.D.
Other concerns were whether the city engineer had addressed the drainage issue, and the size of
the spruce trees proposed for landscaping.
Community Development Director Peters and Planner Sutter both stated that the PUD is tied to
the project which includes the plat and the site plan, and if this developer doesn't perform,
anyone else wanting to develop that property must have an identical project. Community
Development Director Peters also referred to the P.U.D. section of the Zoning Ordinance, where
it says that if the contractor does not perform the City Council has the option of rezoning the site
back to R-1. Staff also stated that the city engineer had addressed the drainage issue, and that
the impact on the drainage basin as a whole would be impossible to determine because it would
be too small to measure. John DeVries addressed the spruce tree issue and said he will attempt
to provide larger trees, but they are very difficult to find and he had increased the number of
trees to compensate.
Moved by Commissioner Elsen and seconded by Commissioner Elsen to close the public
hearing.
11� Motion carried.
Moved by Commissioner T. Graham and seconded by Commissioner Elsen to recommend to the
City Council to approve Application 2000-5.1,3,8 submitted by Prime Builders, Inc. (applicant)
and Donald R. Fetzek (owner), for property located at 6900 42nd Avenue North (P.I.D. 17-118-
21-12-0006), for the following:
❑ Rezoning from R-1 Single Family Residential to P.U.D. Planned Unit Development; and
❑ Preliminary Plat for eight privately held parcels and one parcel held in common; and
❑ Site Plan Review for construction of four buildings, each with two attached single family
dwellings (a total of eight units), together with parking, landscaping, drainage and other site
improvements.
Provided the following conditions are met:
❑ Basement floor plan shall be set up in such a way that the basement could be finished with
two bedrooms and a small family room if that were desired by the homeowner.
❑ Units shall be constructed above the 884' flood contour and shall not abut said contour.
❑ Catch basins shall be installed on both sides of the driveway curb openings and the driveway
crown shall be maintained to prevent drainage across the driveway.
❑ Either individual ejectors or a shared lift pump shall be used with the sanitary sewer.
� t _
❑ The sanitary sewer and water line (and shared lift pump, if applicable) shall be placed so as
to minimize the potential for damage to the existing oak trees.
❑ Tree protection fencing shall be installed prior to grading so as to minimize the potential for
long-term loss of significant trees.
❑ The developer shall retain the services of a professional to provide guidance on how to
complete the project while attempting to preserve the existing oaks.
❑ The flood plain volume displaced by any filling shall be less than or equal to the increased
flood plain volume resulting from cutting. The developer's engineer shall provide the
calculations to staff so that the City Engineer may verify that no net loss of floodplain
storage will result from the project.
❑ All signage shall be compliance with Crystal City Code.
❑ The driveway stub in front of unit 1 in building 4 shall be modified to facilitate backing
movements from that unit.
❑ "No Parking" signs shall be installed along the common driveway wherever there is
insufficient width for on 10' parking lane plus the 20' minimum fire lane.
❑ Homeowners' association documents shall be submitted for staff review prior to second
reading of the P.U.D. rezoning ordinance, and shall include:
■ Language stating that long-term preservation of the stand of oak trees is desired;
■ Language disclosing that park and trail improvements along Memory Lane Pond are
identified as a possible future project in the City's Comprehensive Plan;
■ Provisions to ensure that adequate funding is available for on-going maintenance and
future capital improvement projects including but not limited to driveway repaving and
tree care.
❑ Park Dedication in the amount of $4,000 shall be due upon approval of the final plat by the
City Council.
❑ No building permit shall be issued until the applicant executes the required Site
Improvement Agreement.
❑ The property will revert back to R-1 if work is not commenced by developer by December
31, 2001.
The findings of fact are as follows:
❑ Rezoning. The proposal is consistent with the Comprehensive Plan. The development
will not negatively impact the adjacent neighborhood and provides housing options to
neighbors interested in one -level living. The possible preservation of the oak stand and
other trees and the considerable open space result in a development that is sensitive to
the existing environment. The proposal meets the PUD District purpose, use, and
development standards as set out in City Code 515.52 Subds. 1, 2, and 3. It will also
provide an opportunity for construction of new housing of a type consistent with the
City's Comprehensive Plan and redevelopment goals.
❑ Preliminary Plat. The proposed plat is consistent with the requirements of Crystal City
Code.
❑ Site Plan Review. The proposed development is consistent with the requirements of
Crystal City Code.
4. Information Items: Quarterly Development Status Report (first quarter 2000).
5. Informal discussion and announcements:
Commissioner Koss mentioned that Glen Haven Memorial Gardens are advertising for a
mausoleum, which has not been approved by the Planning Commission. Staff said that the
cemetery has not approached the city as of yet.
Also discussed was the status of the Nafstad property. The majority of the property has now
been gifted to the city, but it appears that the city employees cut down trees without guidance.
The house located near this area has a large pine tree with roots hanging out due to the work
done over there, and it's possible they may lose it. Commissioner Koss also stated that the pond
area used to be a wetland year round before, but since being used as storage for snow during the
winter months is now full of sand and debris. They questioned also who can monitor what is
going on at a site. Planner Sutter stated that in the case of a development project the site work is
initially followed up by the Building Official but overall is a joint effort of Community
Development staff, and that concerns about the activities of other departments should be
addressed to the respective department head. Community Development Director Peters stated
that he would pass the Commission's concerns on to the appropriate staff.
Commissioner Kamp brought up the subject of metal buildings and wanted something in writing
for the next meeting regulating metal as a building material. After discussion, it was decided to
direct staff to prepare a text amendment addressing this issue.
Moved by Commissioner Kamp and seconded by Commissioner Elsen to direct staff to prepare
a text amendment to state that corrugated metal as a building material is not allowed.
Motion carried.
Dave Anderson, Section 1 Council Member, spoke to the Planning Commission regarding the
lawful gambling ordinance. Previously it had been based on the on -sale liquor license but no
longer needs to be and he was questioning where it would be allowed. He also stated the
second reading will be on Tuesday, April 18th and if the Planning Commission has concerns or
if they can think of operating restrictions, they should let the City Council know. Chair
Magnuson questioned how they could pass an ordinance if they don't know where it would be
allowed, and was told that that's an issue that can be addressed. Planner Sutter stated that if
M3
there was no zoning for it, it would be prohibited. Community Development Director Peters
also said that part of the licensing procedure would be to determine if it was in the proper zone.
Chair Magnuson directed Planner Sutter to check with the city attorney to determine if we can
declare a moratorium while working on the ordinance. Planner Sutter noted since that the
.-� licensing will be tied to zoning, no such establishments could open until accommodated in the
Zoning Ordinance.
Commissioner VonRueden requested that Planner Sutter also check into the Kilmer Electric
property at 5141 Lakeland Ave. N. He stated the fence is knocked down in back and vandals
are starting wooden wire spools on fire in the wetland area.
Moved by Commissioner Kamp and seconded by Commissioner Elsen to adjourn.
Motion carried.
The meeting adjourned at 9:25 p.m.
M E M O R A N D U M
DATE: May 4, 2000
TO: Planning Commission (May 8" meeting — Item #2)
FROM: John Sutter, Planner
SUBJECT: Application 2000-6.8 for Lot Division
3244 Hampshire Avenue North (P.I.D. 20-118-21-14-0019)
Division of an existing parcel into two parcels; one would be used for
construction of a new single family house and the other would be used for
future redevelopment or public open space.
A. BACKGROUND
The subject property, 3244 Hampshire Avenue North, was acquired by the Crystal
Economic Development Authority (EDA) in February 2000 through the City's Scattered
Site Acquisition & Demolition program. The house currently on the site will likely be
demolished in late May or early June 2000.
The parcel is currently 127' wide and 290' deep, with an area of 36,647 sq. ft. (0.84
acres).
The EDA has submitted a request for Lot Division of the subject property to create two
parcels, one to be sold for construction of a new single family house, and the other to
be retained by the EDA for future redevelopment or public open space. Notice of Public
Hearing was mailed to all property owners within 350 feet of the subject property, and
was published in the Sun Post on April 261h
A Request for Proposals for builders potentially interested in purchasing the parcel to
be sold was mailed to 22 interested parties on May 4th. Proposals from developers are
due on June 9th and are scheduled to be considered by the EDA on June 20tH
The following informational items are attached:
❑ map showing the project location;
❑ proposed resolution approving the lot division; and
❑ survey with proposed legal descriptions.
B. STAFF COMMENTS
The proposed lot division would create one lot for construction of a new single family
house. (The other lot would be held by the EDA for future redevelopment or public
open space and therefore is not subject to the lot requirements.)
Lot requirements (Section 515.15) are a minimum width of 60', a minimum -depth of 100'
and a minimum area of 7,500 sq. ft. The lot would comply with these standards, as
follows:
WIDTH DEPTH LOT AREA
(average) (average) sq. ft. [acres]
63.5' 134' 8,509 [0.19]
Yard requirements (Section 515.13) are a minimum front yard setback of 30', a
minimum side yard setback of 5' and a minimum rear yard setback of 30'. With a
building footprint of 53.5' wide x 74' deep, the lot would easily accommodate
construction of a new house while complying with these setbacks.
Because the property is served by existing streets, water, sanitary sewer and storm
sewer, no improvements will be required as a condition of lot division approval.
Private overhead utilities run along the north side of the property; for this reason, the
EDA will grant the City of Crystal a drainage and utility easement over the north 5' of
the lot before selling it to a developer. This will have the effect of prohibiting eaves from
extending into the 5' side yard. (Without the easement, eaves would be allowed to
extend into the side yard.)
Because there is an existing house on the lot, no park dedication fee will be required.
C. SUGGESTED FINDINGS OF FACT
The proposal complies with the requirements for lot divisions in Crystal City Code. It
will also provide an additional opportunity for construction of new housing of a type
which is consistent with the City's Comprehensive Plan and redevelopment goals.
D. RECOMMENDATION
Staff recommends approval of Application 2000-6.8, submitted by the Crystal Economic
Development Authority (applicant and owner), for Lot Division of an existing parcel into
two parcels, one for construction of a new single family house and the other for future
redevelopment or public open space.
The Planning Commission is asked to make a recommendation on the request for City
Council consideration.
The City Council will consider the request at its next regular meeting on May 16th
LOT DIVISION - 3244 HAMPSHIRE AVE N
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HENN:
CITY OF CRYSTAL
RESOLUTION NO.
RESOLUTION APPROVING LOT DIVISION
FOR PROPERTY AT 3244 HAMPSHIRE AVENUE NORTH
WHEREAS, City of Crystal Economic Development Authority (the "EDA") has applied for a lot
division pursuant to Subsection 506.13, Subdivision 3 of the Crystal City Code; and
WHEREAS, the request affects the following described parcel of land (the "Property"):
Lot 14, Block 1, GLENDALE ACRES, according to the recorded plat thereof, Hennepin County,
Minnesota;
and,
WHEREAS, EDA is the owner of the subject property; and,
WHEREAS, the requirements of this Subsection 506.13 have been met to the satisfaction of the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRYSTAL,
MINNESOTA:
1. The City Council hereby approves the lot division of the subject property to create the following
described tracts:
Parcel A:
The west 134.00 feet of the north 63.50 feet of Lot 14, Block 1, GLENDALE ACRES,
according the recorded plat thereof, Hennepin County, Minnesota.
Parcel B:
Lot 14, Block 1, GLENDALE ACRES, according to the recorded plat thereof, Hennepin
County, Minnesota.
EXCEPT:
The west 134.00 feet of the north 63.50 feet of said Lot 14.
2. The City Clerk is directed to file a certified copy of this resolution with the Hennepin County
Recorder or Registrar of Titles, whichever is applicable.
Adopted by the Crystal City Council this 16h day of May, 2000.
ATTEST:
Darlene George, City Clerk
Peter E. Meintsma, Mayor
Westwood Professional Services. Inc.
EXISTING LEGAL DESCRIPTION
Lot 14, Block 1, GLENDALE ACRES according to the recorded plat thereof, Hennepin
County. Minnesota.
PROPOSED LEGAL OESCRIP710N FOR PARCEL A
The west 134.00 fret of the north 63.50 feet of Lot 14, Block 1, GLENDALE ACRES,
according the recorded plat thereof, Hennepin County, Minnesota.
PROPOSED LEGAL DESCRIPTION FOR PARCEL B
Lot 14, Block 1, GLENDALE ACRES according to the recorded plat thereof, Hennepin
County, Minnesota.
EXCEPT.-
The west 134.00 feet of the north 63.50 feet of said Lot 14.
PARCEL A AREA = 8,509 S.F. = 0.19 ACRES
PARCEL B AREA = 28,138 S.F. = 0.65 ACRES
SITE AREA = 36,647 S.F. = 0.84 ACRES
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EXISTING LEGAL DESCRIPTION
Lot 14, Block 1, GLENDALE ACRES according to the recorded plat thereof, Hennepin
County. Minnesota.
PROPOSED LEGAL OESCRIP710N FOR PARCEL A
The west 134.00 fret of the north 63.50 feet of Lot 14, Block 1, GLENDALE ACRES,
according the recorded plat thereof, Hennepin County, Minnesota.
PROPOSED LEGAL DESCRIPTION FOR PARCEL B
Lot 14, Block 1, GLENDALE ACRES according to the recorded plat thereof, Hennepin
County, Minnesota.
EXCEPT.-
The west 134.00 feet of the north 63.50 feet of said Lot 14.
PARCEL A AREA = 8,509 S.F. = 0.19 ACRES
PARCEL B AREA = 28,138 S.F. = 0.65 ACRES
SITE AREA = 36,647 S.F. = 0.84 ACRES
is
GRAPHIC SCALE
>A :o
( IN Fees )
I inch . 20 fL
O 0—tes Set /ran Monument
• D—t- r d Iron Monument
THE WEST LINE OF LOT 14, BLOCK J GARD£NDALE ACRES /S
ASSUMED TO BEAR N00a24'54 f
owe 5/2/00 Sheet 1 of 1
3244 Hampshire 20002575 25758S2.0wa
Avenue North tat ihvWon Sketch
11�IIMe04
M E M O R A N D U M
DATE: May 2, 2000
TO: Planning Commission (May 8t" meeting — Public Hearing #5)
FROM: Patrick Peters, Community Development Director
SUBJ.: Zoning Ordinance Text Amendment
• 520.23 Subd. 2 — Add "corrugated metal" to list of prohibited exterior
building materials
A. BACKGROUND
At its meeting of April 11, 2000, the Planning Commission directed staff to prepare an
amendment to the Crystal City Code to prohibit the use of corrugated metal as an
exterior building material. The proposed text amendment is expected to be a precursor
to a more thorough and coordinated review later this year of the various sections of the
City's Development Code, i.e., landscaping standards, architectural review standards,
sign ordinance and zoning ordinance. That effort is necessary to ensure compatibility
with the vision for the City as contained the recently updated Comprehensive Plan.
The following informational items are attached:
❑ Draft ordinance adding the new language to 520.23 Subd. 2.
❑ Existing language from Section 520.23 Subd. 2.
B. STAFF COMMENTS
In accordance with Planning Commission direction, staff prepared the attached
ordinance that would prohibit the use of corrugated metal as an exterior building
material on residential and non-residential structures. While the current architectural
standards contained in the site and building plan review standards prohibit the use of
unfinished metal as exterior materials, the proposed ordinance would prohibit
corrugated metal, whether finished or unfinished.
If the proposed ordinance language is adopted, the restriction on corrugated metal, as
with other prohibited exterior materials listed in this section of the Code, would not apply
to industrial uses if adequate screening is included in the design (see attached). If it is
the desire of the Commission to expand the prohibition on corrugated metal to industrial
buildings as well, further modification of Subd. 2 would be necessary. Staff will seek
direction from the Commission on this matter at its May 8 meeting.
As noted above, staff intends to conduct a review of the City's Development Code
provisions with the Planning Commission later this year to achieve conformity with the
Comprehensive Plan and better reflect a- contemporary vision for the nature of
development within the City's commercial, industrial and residential neighborhoods. The
text amendment currently under consideration would be consistent with this longer-term
objective.
C. RECOMMENDATION
Staff recommends approval of the draft ordinance to prohibit corrugated metal as an
exterior building material.
The Planning Commission is asked to make a recommendation on the draft ordinance
for City Council consideration. The City Council will consider the draft ordinance at their
next regular meeting on Tuesday May 16, and would hold second reading and adoption
at the following meeting on Tuesday, June 6.
ZONING ORDINANCE TEXT AMENDMENT - 515.39 SUED. 4(F)
2
ORDINANCE NO. 2000 —
AN ORDINANCE PROHIBITING THE USE OF CORRUGATED METAL
AS AN EXTERIOR BUILDING NIATERIAL
THE CITY OF CRYSTAL ORDAINS:
Section 1. Crystal City Code section 520.23 Subd. 2 is amended to add "corrugated
metal" to the list of exterior building materials that are not permitted for residential and non-
residential buildings.
Sec. 2. This ordinance is effective in accordance with Crystal city code, subsection
110.11.
First Reading: May 16, 2000
Adopted: June 6, 2000
Peter E. Meintsma, Mayor
ATTEST:
Darlene George, City Clerk
(Published in the Crystal/Robbinsdale Sun Post , 2000)
Crystal City Code
520.21
(Rev. 1995 )
520.21. 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.
520.23. Architectural 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.
Architectural plans must be prepared by an architect or other qualified person
acceptable to the director of community development and show the following:
a) elevations of all sides of the building;
b) type and color of exterior building materials;
C) a typical floor plan;
d) dimensions of all structures; and
e) the location of trash and recycling containers and of heating,
ventilation and air conditioning equipment.
Subd. 2. Exterior materials. Blank walls, unadorned prestressed concrete
panels, concrete block and unfinished 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 enclosed with
materials 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.
520.25. Landscape plan requirements. Landscape plans must be prepared by a
landscape architect or other qualified person acceptable to the director of community
development, drawn to a scale of not less than one inch equals 50 feet and must show
the following:
a) boundary lines of the property with accurate dimensions;
M E M O R A N D U M
DATE: May 1, 2000
TO: Planning Commission (May 8 meeting — Public Hearing #6)
FROM: Patrick Peters, Community Development Director f4l
SUBJ.: Zoning Ordinance Text Amendment
• In 515.35 Subd. 2, add a new item i) lawful gambling establishments,
subject to licensing provisions in Section 1185.
• In 515.37 Subd. 2. add a new item pp) lawful gambling establishments,
subject to licensing provisions in Section1185.
A. BACKGROUND
On April 18, 2000, the City Council adopted Ordinance No. 2000 - 2 related to lawful
gambling within the city. The Ordinance amended Section 1185.01 of the City Code by
adding a new Subdivision 2 that permits free-standing lawful gambling establishments
operated by non-profit organizations and licensed under Section1185. The City Zoning
Ordinance currently prohibits such uses by exclusion from the ordinance. Prior to the
adoption of the Ordinance, such lawful gambling activities could only be conducted on
premises licensed as on -sale liquor establishments.
The current proposal to amend the Zoning Ordinance would allow such lawful gambling
establishments in the B-3 and B-4 Zoning Districts subject to the licensing provisions in
Section 1185.
The following informational items are attached.-
:j
ttached:❑ Draft Ordinance adding the new item j) to 515.35 Subd. 2 and adding the new item
pp) to 515.37 Subd. 2.
❑ Ordinance No. 2000-2, "An Ordinance Relating to Lawful Gambling: Amending
Crystal City Code Section 1185.01: Adding Subdivision 2."
B. STAFF COMMENTS
The City Council has approved the second reading of an ordinance expanding the
premises on which lawful gambling may occur. Since the Zoning Ordinance is silent
with regard to freestanding, lawful gambling establishments, such uses are currently
prohibited by exclusion. Previously, it was possible for charitable organizations to
- operate lawful gambling activities only in licensed liquor establishments in the B-3 and
B-4 zoning districts.
To accommodate the free-standing establishments and to ensure that the zoning is in
agreement with the lawful gambling licensing provisions of the City Code, it is
necessary to amend the text of the Zoning Ordinance to include lawful gambling
establishments as permitted uses in the B-3 and B-4 districts. It is important to note that
the licensing provisions include limiting the hours of operation of such establishments to
11:00 a.m. to 12:00 midnight. .
C. RECOMMENDATION
Staff recommends approval of the draft ordinance to allow lawful gambling
establishments in the B-3 and B-4 Zoning Districts subject to the licensing provisions in
Section 1185.
The Planning Commission is asked to make a recommendation on the draft ordinance
for City Council consideration. The City Council will consider the draft ordinance at their
next regular meeting on Tuesday, May 16, and would hold second reading and
adoption at its meeting on Tuesday, June 6.
ZONING ORDINANCE TEXT AMENDMENT - 515.39 SUBD. 4(F)
2
ORDINANCE NO. 2000 —
AN ORDINANCE PROVIDING FOR LAWFUL GAMBLING ESTABLISHMENTS AS
PERMITTED USES IN B-3 AND B-4 ZONING DISTRICTS.
THE CITY OF CRYSTAL ORDAINS:
Section 1. Crystal City Code section 515.35 Subd. 2 is amended to add new item i) as
follows:
i) Lawful gambling establishments, subject to licensing provisions in Section 1185.
Sec. 2. Crystal City Code section 515.37 Subd. 2 is amended to add new item pp) as
follows:
pp) Lawful gambling establishments, subject to licensing provisions in Section 1185.
Sec. 3. This ordinance is effective in accordance with Crystal city code, subsection
First Reading: May 16, 2000
Adopted: June 6, 2000
Peter E. Meintsma, Mayor
ATTEST:
Darlene George, City Clerk
(Published in the Crystal/Robbinsdale Sun Post , 2000)
ORDINANCE NO. 2000- 2
AN ORDINANCE RELATING TO LAWFUL GAMBLING: AMENDING CRYSTAL
CITY CODE SECTION 1185.01: ADDING SUBDIVISION 2
THE CITY OF CRYSTAL. ORDAINS:
Section 1. Crystal city code section 1185.01 is amended to add subdivision 2 as follows:
Subdivision 2. Expanded Premises for Lawful Gambling. Notwithstanding anything to
the contrary in Section 1185, lawful gambling may be conducted on any premises for which the
organization obtains a premises permit from the board. Lawful gambling conducted on any
premises other than a licensed on sale liquor establishment is subject to all the terms and
conditions of section 1185, except that (a) references to on sale establishments are deemed to
include any other premises for which a lawful gambling premises permit has been issued, and (b)
lawful gambling may be conducted on such premises only between the hours of 11:00 a.m. and
12:00 midnight on any day. No city approval of lawful gambling on a premises other than an on
sale establishment will be granted after December 31, 2000, and this subdivision expires upon
expiration of the term of all premises permits approved by the city under authority of this
subdivision or on December 31, 2002, whichever occurs first. City approval of lawful gambling
permitted under this subdivision will be conditioned upon receipt of a written acknowledgment
from the applicant that the approval is subject to the terms of this subdivision and that applicant
waives any right to renew its premises permit if the term of the renewed permit extends beyond
the period this subdivision remains in effect.
Sec. 2. This ordinance is effective in accordance with Crystal city code, subsection
110.11.
First Reading: April 4, 2000
Adopted: April 18, 2000
Peter E. Meintsma, Mayor
ATTEST:
Darlene George, City C rk
(Published in the Crystal/Robbinsdale Sun Post April 26, 2000)
SJs-178170v2
CR205-30 - -
- ME M OR AND U M
DATE: May 4, 2000
TO: Planning Commission (May 8" meeting — Items #3 and #4)
FROM: John Sutter, Planner '9-�
SUBJECT: Application 2000-7.8 for Lot Division
Applicant: Crystal EDA; Owners: L. Duong and H. K. Nguyen
Division of the property located at 7200 33rd Avenue North (P.I.D. 20-118-21-
24-0002) into one 72' wide parcel to be retained by the current owners and
one 2' wide parcel to be acquired by the applicant and combined with
property located at 7116 33rd Avenue North for redevelopment purposes.
- and —
Application 2000-8.8 for Lot Combination and Redivision
Applicant: Crystal EDA; Owner: Randy McGovern
Combination of the property located at 7116 33rd Avenue North (P.I.D. 20-
118-21-24-0032) with the east 2' of property located at 7200 33rd Avenue
North (P.LD. 20-118-21-24-0002), together with redivision of the combined
property into two lots.
A. BACKGROUND
The subject properties are as follows:
❑ 7200 33rd Avenue North is presently owned by L. Duong and H.K. Nguyen. It is 74'
wide and 135' deep. There is approximately 24' of side yard along the east side of
the house; the EDA is in the process of purchasing the east 2' of this property.
❑ 7116 33'd Avenue North is presently owned by Randy McGovern. It is 118' wide and
135' deep, with an area of 15,943 sq. ft. (0.36 acres). It had previously been used
as a rental property but has been vacant for several months. The property is in the
process of being acquired by the EDA through its scattered site acquisition and
demolition program. The existing house will likely be demolished by July 2000.
The EDA has submitted a request for Lot Division of the subject property to create two
parcels: One (72' wide) to be retained by the current owner and the rest of the parcel to
be purchased by the EDA for combination with 7116 33rd. It has also submitted a
request for Lot Combination and Redivision for said combination together with
redivision into two lots for construction of new single family houses.
Notice of Public Hearing for each application was mailed to all property owners within
350 feet of the subject properties, and was published in the Sun Post on April 26t".
On July 7t", we expect to send a Request for Proposals to builders potentially interested
in purchasing the two new lots. Proposals from developers would be due on August 4t"
and would be considered by the EDA on August 15t"
The following informational items are attached:
❑ maps showing the location of the existing parcels and the proposed new parcels;
❑ proposed resolution approving both requests; and
❑ survey with proposed legal descriptions.
STAFF COMMENTS
The proposed lot division would make the proposed lot combination and redivision
possible. Without it, the property at 7116 33`d would be too narrow for division into two
lots and the redevelopment would not be likely to take place.
The proposed lot combination and redivision would create two lots for construction of
new single family houses.
Lot requirements (Section 515.15) are a minimum width of 60', a minimum depth of 100'
and a minimum area of 7,500 sq. ft. The lot would comply with these standards, as
follows:
PROPOSED
WIDTH
DEPTH
LOT AREA
ADDRESS
(average)
(average)
sq. ft. [acres]
711233 d
60'
135.325'
8,120 [0.19]
712033 rd
60.07' *
135.315'
8,127 [0.19]
*The survey shows this lot as being 59.82' wide at the front but 60.32' wide at the
rear. The plat, however, shows that the width should be 60.16' front and rear.
This discrepancy is due to errors in the placement of previous survey and plat
monuments. For the purposes of zoning and building permits, we will assume a
lot width of 60', meaning that the buildable width of the house would be 50'.
Yard requirements (Section 515.13) are a minimum front yard setback of 30', a
minimum side yard setback of 5' and a minimum rear yard setback of 30'. With a
building footprint of 50' wide x 75' deep, each lot would easily accommodate
construction of a new house while complying with these setbacks.
Because the property is served by existing streets, water, sanitary sewer and storm
sewer, no improvements will be required as a condition of approval.
LOT DIVISION - 7200 33RD AVE N; LOT COMBINATION & REDIVISION - 7116 33RD AVE N
2
Private overhead utilities run along the north side of the property; for this reason, the
EDA will grant the City of Crystal a drainage and utility easement over the north 5' of
each lot before selling it to a developer.
Because one new building lot would be created, a $400 park dedication fee will be
required.
C. SUGGESTED FINDINGS OF FACT
The proposal complies with the requirements for lot divisions in Crystal City Code. It
will also provide an additional opportunity for construction of new housing of a type
which is consistent with the City's Comprehensive Plan and redevelopment goals.
D. RECOMMENDATION
Staff recommends the following:
rj Approval of Application 2000-7.8, submitted by the Crystal Economic Development
Authority (applicant) and L. Duong and H. K. Nguyen (owner), for Lot Division of an
existing parcel into two parcels, one to be retained by the current owner and the
other to be sold to the EDA for redevelopment purposes.
❑ Approval of Application 2000-8.8, submitted by the Crystal Economic Development
Authority (applicant) and Randy McGovern (owner), for Lot Combination and
Redivision into two parcels, each one for construction of a new single family house.
The attached proposed resolution includes approval of both of these applications.
The Planning Commission is asked to make a recommendation for City Council
consideration.
The City Council will consider the resolution at its next regular meeting on May 16th.
LOT DIVISION - 7200 33RD AVE N; LOT COMBINATION & REDIVISION - 7116 33RD AVE N
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CITY OF CRYSTAL
RESOLUTION NO.
RESOLUTION APPROVING LOT COMBINATION AND REDIVISION
FOR PROPERTY AT 7200 AND 7116 33RD AVENUE NORTH
WHEREAS, the City of Crystal Economic Development Authority (the "EDA"), together with Randy
McGovern and L. Duong and H.K. Nguyen, have applied for lot combination and redivision pursuant to
Subsection 506.13, Subdivision 3 of the Crystal City Code; and
WHEREAS, the request affects the following described parcel of land (the "Property"):
Lot 1, Block 1, EMBRETSON ADDITION, according to the recorded plat thereof, Hennepin
County, Minnesota.
together with:
Lot 5 and that part of Lot 6 lying east of the west 20.00 feet thereof, WHITEHILLS 3'
ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota.
and,
WHEREAS, the requirements of this Subsection 506.13 have been met to the satisfaction of the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRYSTAL,
MINNESOTA:
The Council hereby approves the lot combination and redivision of the subject property to create
the following described tracts:
Parcel A:
The east 60.00 feet of Lot 5, WHITEHILLS 3RD ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota.
Parcel B:
That part of Lot 1, Block 1, EMBRETSON ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota lying east of the west 72.00 feet of said Lot 1.
together with:
That part of Lot 6, WHITEHILLS 3RD ADDITION, according to the recorded plat
thereof, said Hennepin County, lying east of the west 20.00 feet of said Lot 6.
together with:
That part of Lot 5, said WHITEHILLS 3' ADDITION lying west of the east 60.00 feet
of said Lot 5.
Parcel C:
The west 72.00 feet of Lot 1, Block 1, EMBRETSON ADDITION, according to the
recorded plat thereof, Hennepin County, Minnesota.
2. The City Clerk is directed to file a certified copy of this resolution with the Hennepin County
Recorder or Registrar of Titles, whichever is applicable.
Adopted by the Crystal City Council this 16`h day of May, 2000.
Peter E. Meintsma, Mayor
ATTEST:
Darlene George, City Clerk
1lkstwood Professional Services, Inc.
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City of Crystal
EXIS7ING LEGAL D£SCRIP77001
Lot 1, Block 1, EMBRETSON ADDITION, according to the recorded plot thereof,
Hennepin County, Minnesota.
together with:
Lot 5 and that part of Lot 6 lying east of the west 20.00 feet thereof, WHITEHILLS 3RD
ADDITION, according to the recorded plot thereof, Hennepin County, Minnesota.
PROPOSED LEGAL DESCRIPTION FOR PARCEL A
Theeast 60.00 feet of Lot 5, WHITEHILLS 3RD ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota.
PROPOSED LEGAL DESCRIPTION FOR PARCEL B
That part of Lot 1, Block 1, EMBRETSON ADD177ON, according to the recorded plat
thereof, Hennepin County, Minnesota tying east of the west 72.00 feet of said Lot 1.
together with:
fiat port of Lot 6, IW17EHILLS 3RD ADDITION, according to the recorded plat
thereof, said Hennepin County, lying east of the west 20.00 feet of said Lot 6.
together with:
7hat part of Lot 5, said WHITEHILLS 3RD ADD177ON lying west of the east 60.00 feet
of said Lot 5.
PROPOSED LEGAL DESCRIP77ON FOR PARCEL C
The west 72.00 feet of Lot 1, Block 1, EMBRETSON ADD177ON, according to the
recorded plat thereof, Hennepin County, Minnesota.
PARCEL A AREA = 8,120 S.F. = 0.19 ACRES
PARCEL B AREA = 8,127 SF. = 0.19 ACRES
PARCEL C AREA = 9,742 S.F. = 0.22 ACRES
SITE AREA = 25,981 S.F. = 0.60 ACRES
GRAPHIC SCALE
( IN FEET)
1 inch - 20 tL
BEARING ARE BASED ON THE SOUTH LINE OF LOT 1, BLOCK 1,
EMBRETSON ADD1770N, WHICH IS ASSUMED TO BEAR S88'4242E.
O D—t. Sit I— Manama+(
• D—W Famd /on Mm—t
Dtle 5/2/00 ghee 1. OF 1
7116 & 7200 33rd 20002575 25 585f1.Owa
Street North Lit Division sketch
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City of Crystal
EXIS7ING LEGAL D£SCRIP77001
Lot 1, Block 1, EMBRETSON ADDITION, according to the recorded plot thereof,
Hennepin County, Minnesota.
together with:
Lot 5 and that part of Lot 6 lying east of the west 20.00 feet thereof, WHITEHILLS 3RD
ADDITION, according to the recorded plot thereof, Hennepin County, Minnesota.
PROPOSED LEGAL DESCRIPTION FOR PARCEL A
Theeast 60.00 feet of Lot 5, WHITEHILLS 3RD ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota.
PROPOSED LEGAL DESCRIPTION FOR PARCEL B
That part of Lot 1, Block 1, EMBRETSON ADD177ON, according to the recorded plat
thereof, Hennepin County, Minnesota tying east of the west 72.00 feet of said Lot 1.
together with:
fiat port of Lot 6, IW17EHILLS 3RD ADDITION, according to the recorded plat
thereof, said Hennepin County, lying east of the west 20.00 feet of said Lot 6.
together with:
7hat part of Lot 5, said WHITEHILLS 3RD ADD177ON lying west of the east 60.00 feet
of said Lot 5.
PROPOSED LEGAL DESCRIP77ON FOR PARCEL C
The west 72.00 feet of Lot 1, Block 1, EMBRETSON ADD177ON, according to the
recorded plat thereof, Hennepin County, Minnesota.
PARCEL A AREA = 8,120 S.F. = 0.19 ACRES
PARCEL B AREA = 8,127 SF. = 0.19 ACRES
PARCEL C AREA = 9,742 S.F. = 0.22 ACRES
SITE AREA = 25,981 S.F. = 0.60 ACRES
GRAPHIC SCALE
( IN FEET)
1 inch - 20 tL
BEARING ARE BASED ON THE SOUTH LINE OF LOT 1, BLOCK 1,
EMBRETSON ADD1770N, WHICH IS ASSUMED TO BEAR S88'4242E.
O D—t. Sit I— Manama+(
• D—W Famd /on Mm—t
Dtle 5/2/00 ghee 1. OF 1
7116 & 7200 33rd 20002575 25 585f1.Owa
Street North Lit Division sketch