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1998.11.09 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY November 9, 1998 7:00 PM A. Approval of Minutes from September 14, 1998 Meeting B. Public Hearings 1. Public Hearing to consider Application 98-16.8 for platting of Neznik°s Second Addition, as submitted by John Neznik C. Other Business 1, Review of preliminary site plan for an office/warehouse building proposed to be located along County Road 81 between Bass Lake Road and Wilshire Boulevard (developer: Industrial Equities, Inc.) 2. Discussion Item: Buffering requirements for commercial and industrial uses adjacent to residential uses D. Adjournment . For additional information, contact John Sutter at 531-1142 • F:\GROUPS\COM DEVLP\PLANNING\PLANCOM M\1998\11-Magendasummary.doc j6 September 14, 1998 CRYSTAL PLANNING COMMISSION MINUTES The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Bonnell, Elsen, Graham, Kamp, Krueger, Nystrom. and VonRueden. The following were absent: Koss and Magnuson. Also present were Community Development Director Norris, Planner Sutter, Building Official Barber and Recording Secretary Scofield. A. Moved by Commissioner Nystrom and seconded by Commissioner Kamp to approve the minutes of the August 10, 1998, meeting. Motion carried. B (1). Review a request to revise the landscaped areas at 5141 Lakeland Avenue North (Killmer Electric, former Johnson Equipment site) Staff presented the following: Killmer is requesting to significantly reconfigure the landscaping islands. Alternate #1 shows a more extensive landscaping island immediately north of the building. Alternate 42 would install a 75' x 250' grass area with a perimeter of trees in an existing asphalt area at the northeast corner of the site. Staff favored Alternate #2. Ray Palmer, 4600 Juneau Lane, Plymouth, represented Killmer Electric. Commissioner Bonnell was concerned with the screening as viewed from Highway 81. Moved by Commissioner Bonnell and seconded by Commissioner Kamp and amended by Commissioner Nystrom to recommend to the City Council to approve the requested changes in the landscaped areas with a compromise hybrid of Alternate 91 and 42 as worked out with staff at 5141 Lakeland Avenue North (Killmer Electric, former Johnson Equipment site). Motion carried. C (1). Chair Elsen declared this was the time and the place as advertised for a public hearing to consider the following proposed text changes to Crystal City Code: ❑ In 515.07 Subd. 5, eliminate the prohibition on accessory buildings in the front half of the lot ❑ In 515.09 Subd. 6, clarify the ordinance to make it consistent with past practice ❑ In 515.13 Subd. 3, make the requirement for side street side yards on corner lots consistent so that it does not vary depending on the orientation of the building F:\GROUPS\COMDEVLP\PLANNING\PLANCOMM\1998\09-14\MINUTES.doc kt September 14, 1998 ❑ Additional changes in 515.07, 09 and 13 to clarify and simplify existing ordinance provisions Staff presented the following: As outlined in the September 10, 1998 Memo to the Planning Commission. The following was heard: Steve Green, 4200 Louisiana Ave. N., was concerned with backing onto busy streets from a driveway. Building Official Barber said a turn -around was already allowed in Section 515.09, Subd. 6 e). Moved by Commissioner Kamp and seconded by Commissioner Krueger to close the public hearing. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Krueger to recommend to the City Council to approve the following proposed text changes to Crystal City Code: In 515.07 Subd. 5, eliminate the prohibition on accessory buildings in the front half of the lot ❑ In 515.09 Subd. 6, clarify the ordinance to make it consistent with past practice ❑ In 515.13 Subd. 3, make the requirement for side street side yards on corner lots consistent so that it does not vary depending on the orientation of the building ❑ Additional changes in 515.07, 09 and 13 to clarify and simplify existing ordinance provisions The findings of fact are as follows: As outlined in the September 10, 1998 Memo to the Planning Commission with the additional change by Building Official Barber regarding air conditioners which will be submitted to the City Attorney as follows: Section 515.07, Subd. 5, d) No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise shall be located within 3 ft. of a side yard lot line or in no case closer than 10 ft. from the living quarters of residences on adjacent properties. Motion carried. D. Moved by Commissioner Nystrom and seconded by Commissioner Kamp to adjourn. F:\GROUPSkCOMDEVLP\PLANNING\PLANCOMM\1998\09-14\MINUTES.doc September 14, 1998 The meeting adjourned at 8:05 p.m. Motion carried. Vice Chair Elsen Secretary Nystrom F:\GROUPS\COMDEVLP\PLANNING\PLANCOMMkl998\09-14\MINUTES.doc BROOKLYN PARK BROOKLYN CENTER J+—.• NEW NOPE IYexRO. � I _CalC2L�', 5 • I r I 1 �)�I 1IX J 19.u1 I I� to ! i' z 5 � = L•ae •�lo �/ � n Y CSC �.a x� = r ° CITY I � WE �..�i r1f lr1 I 'r� 9FR«YO a .vl�� OF� I CRYSTAL SCALE :F��� UPE /�lona o zona' I ala_! N Fill,CS yl 5 WF N I .� blll 9 I I = Y I( 9 W t« rrF I C I I _ I a � ) a •� 3 I. r.xxitww CRYSTAL��� u Me ROBBINSO►lE !'• GOLDEN VALLEY �Sr�La � 1 9 1 �•J IL & 1 V, i �[ ju." IJI NEW NOPE J H gI/ 11;1��.J� �-•� �•� GOLOEN VALLEY - x.. M E M O R A N D U M DATE: November 2, 1998 TO: Planning Commission (November 9" meeting - Item B-1) FROM: John Sutter, Planner and Redevelopment Coordinator SUBJ.: 5108 and 5120 West Broadway — Crystal Collision Center (P.I.D. 09-118-21-24-0009 and 09-118-21-24-0064) Application 98-16.8: Request for Plat Approval (505.17) (The effect of the request would be to replat two existing parcels as Neznik's Second Addition) A. BACKGROUND The subject property is occupied by Crystal Collision Center which is located at 5108 West Broadway. The property owner, John Neznik, also owns the parcel to the north, 5120 West Broadway. Both parcels are zoned 1-2 Heavy Industrial. An addition to the building at 5108 is presently under construction; this addition is located on both parcels. Staff has previously approved an administrative combination of the two parcels as provided for in Crystal City Code (505.13). However, Mr. Neznik has determined that it is necessary to replat the parcels as a single parcel. For this reason, he is applying for approval of the preliminary and final plat of Neznik's Second Addition. The following informational items are attached; ❑ proposed preliminary plat ❑ legal description of the two existing parcels B. STAFF COMMENTS The requested plat approval would formally combine two parcels of record into a single parcel. Because staff has already approved an administrative combination of the two parcels, and because the new building addition will be located on both parcels, the requested plat would have no significant effect on the property or surrounding area. C. RECOMMENDATION Staff recommends approval of application 98-16.8, a request for approval of a preliminary and final plat for property located at 5108 and 5120 West Broadway (P.I.D. 09-118-21-24-0009 and 09-118-21-24-0064), as legally described and shown in the preliminary plat dated October 7, 1998 by Development Engineering, P.A. The Planning Commission is asked to make a recommendation on the request for City Council consideration. The City Council will consider approval of the preliminary and final plat at their next regular meeting on Tuesday November 17t'. LOT COMBINATION & REDIVISION - 2711 & 2721 VERA CRUZ 2 Current legal description of Crystal Collision Center property (5108 & 5120 West Broadway): Lot 1, Block 1, Neznik Addition, Hennepin County, Minnesota, together with that part of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section Nine (9), Township One Hundred Eighteen (118), Range Twenty-one (21), described by metes and bounds as follows: Beginning at a point on the Northeasterly boundary line of the public road know as Jefferson Highway (now known as County State Aid Highway No. 8) where said boundary line intersects the West line of said Southeast Y4 of the Northwest 1/4 thence in a generally Southeasterly direction along said boundary line of said Jefferson Highway 108.6 feet; thence East and parallel with the North line of said Section a distance of 366 feet to the Westerly boundary line of the railroad right of way; thence in a Northwesterly direction 112.8 feet along the boundary line of said railroad right of way; thence West and parallel with the North line of said Section a distance of 387.1 feet to the West line of the Southeast'/4 of the Northwest 1/4; thence South along said West line of said Southeast'/4 of the Northwest'/4 a distance of 18.1 feet to the point of beginning, except the portion described as follows: Beginning at a point on the Northeasterly boundary line of public road known as Jefferson Highway, where said boundary line intersects the West line of the Southeast %4 of the Northwest'/4; thence North along said West line of said Southeast'/4 of the Northwest %4 a distance of 18.1 feet; thence East and parallel with the North line of said Section a distance of 30 feet; thence South along a line parallel to the West line of said Southeast'/4 of the Northwest '/4 to where it intersects with the Northeasterly boundary line of the public road known as Jefferson Highway; thence in a Northwesterly direction along the Northeasterly boundary line of said Jefferson Highway to the point of beginning, according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota; EXCEPT that part which lies Southwesterly of a line drawn parallel with and distant 40 feet Northeasterly of the centerline of said County State Aid Highway No. 8. 4. WATER SER PLUGGED END OF 11. 't5. TEE BIT. —;�U_96 IR N NO CA N89.57.49"W 357.59 --- OE \ `\_ 10 FT- DRAINAGE & UTILITY EASEMENT �? \ (NEW ON THE NORTHERLY PARCEL) AREA >• 37.537.61 SOFT . 1 / DOC. NO. 4348433 ^\ d7• SANITARY SERVICE '1 iA oaf' �Ov� K DOC. NO. 4348433 9L Z GRAPHIC SCALE IN Im) 1 lu.b - 20 fl. 80 L_ TOTAL SIZE OF LOT 1, BLOCK 1 \/ a 74,456.35 SO.FT. NEZNIK ADDITION 1.71 ACRES NE`s, IRON ru. Ing 4 \ AN, S \ 1-5 M IJ S89'57'58"E \ — ----1178 EXISTING EDDY SHOP BLDG. = 11.692.6 SOFT. N r 10 T. DRAINAGE & UTILITY EASEMENT (NENIK ADDITION) EXISTING AREA = 36,918 SO.FT. — 0.61 FT. NORTH OF COMPED. P C.LP. w CORvALUS AVENUE i N SAN. SNR. 7E AN SNR g^ STORM STORM S' M. 21" R.( 6" SERVICE SAN. S .-7IDSAN. SNR. Sn"M 12" C.P. VIG11"M r IVIAr OWNED BY B.N.S.F. R.R. CO. LEGEND .1.1.22 Denotes Existing Spot Elevation 'o, Denotes Utility Pole [3Denotes Catch Basin 0 Denotes Sanitary Manhole ® Denotes Drainage Manhole UG Denotes Water Valve —s:— Denotes Sanitary Sewer —P— Denotes Storm Sewer — Denotes Water —a— Denotes OverheadElectric —m— Denotes Underground Telephone aDenotes Concrete LOCATED IN THE SOUTHEAST OUARTER OF THE NORTHWEST OUARTER OF SECTION NINE (9). TOWNSHIP ONE HUNDRED EIGHTEEN (118) NORTH. RANGE TWENTY-ONE (21) WEST. y, OWNER: JOHN NEZNIK SURVEYOR: RICK PERSON ENGINEER: JON FARACI puxo'mmOknl Ong' h 1511 AVE.III. .. Nb JEO W &war .tNE,wad. W 151x1 o-s.x 9r w, to-bT-9a N.r, . IMar 6J0-9571 Sits � LVLfOPY���INLLRINa. AA L1e1' �Ne. Puge lXle peppy RAl s rww SAP.nnew Sen wmCe 1 d 1 ISE N1160N p114 9f PAUL 10. 947111 DESCRIBED AS: Lot 1, Block 1, Nesnik Addition, Hennepin County, Minnesota. PRELIMINARY AND ��11—.''y1 %ADDITION That Part of the Southeast by met (SE 1/4) of the Northwest Ouorter (NW 1/4) of Section Nine (9). Township One Hundred Eighteen (118)1 Range Twenty-one (21), described by males and bounds os follows: li�iBeginning Z \ I \ S 2ND. at a point on the Northeoslerly boundary line of the public road known os Jeflerson Highway (naw known os County State Aid Highwoy Nc \II111 I 8) where said boundary line intersects the West line of said Southeast 1/4 of the Northwest 1/4 thence In a generally Southeasterly direction along n1 said boundary line of said Jefferson Highway 108.6 feet: thence test and parallel with the North line of sold Section a distance of 366 feet to the Westerly boundary line o1 the railroad right of way. thence in a Northwesterly direction 112.8 feet along the boundary line of said railroad .Ight of 387.1 feet West line the Southeast 1/4 the Northwest ay-, thence West and parallel with the North line of sold Section a distance of to the of of 1/4; thence South along said West line of said Southeast 1/4 of the Northwest 1/4 a distance of 18.1 feel to the point of beginning, except the portion described as follows: - Beginning at a point on the Northeasterly boundary line of public Yoad known as Jefferson Highway, where said boundary line Intersects the West line r' r • I of the Southeast 1/4 of the Northwest 1/4; thence North alongsold West line of said Southeast 1/4 of the Northwest 1/4 a distance of 18.1 feet: ^ thence East and parallel with the North line of sold Section. a distance of 30 feet: thence South along a line parallel to the 'Nest line of said Southeast 1/4 of the Northwest 1/4 to where it Intersects wlth,; ie Northeasterly boundary line of the public road known as Jefferson Highwa)'. _ thence in a Northwesterly direction along the Northeasterly boudory line of said Jefferson Highway to the point of beginning, according to the Unilec - Slates Government Survey lherof, and situate in Hennepin Colinttyy Minnesota; EXCEPT that part vthfch lies Southwesterly or a line drawn parallel with ' ! and distant 40 feel Northeasterly of the centerline of said Counlj State Aid Highway No. 6. 4. WATER SER PLUGGED END OF 11. 't5. TEE BIT. —;�U_96 IR N NO CA N89.57.49"W 357.59 --- OE \ `\_ 10 FT- DRAINAGE & UTILITY EASEMENT �? \ (NEW ON THE NORTHERLY PARCEL) AREA >• 37.537.61 SOFT . 1 / DOC. NO. 4348433 ^\ d7• SANITARY SERVICE '1 iA oaf' �Ov� K DOC. NO. 4348433 9L Z GRAPHIC SCALE IN Im) 1 lu.b - 20 fl. 80 L_ TOTAL SIZE OF LOT 1, BLOCK 1 \/ a 74,456.35 SO.FT. NEZNIK ADDITION 1.71 ACRES NE`s, IRON ru. Ing 4 \ AN, S \ 1-5 M IJ S89'57'58"E \ — ----1178 EXISTING EDDY SHOP BLDG. = 11.692.6 SOFT. N r 10 T. DRAINAGE & UTILITY EASEMENT (NENIK ADDITION) EXISTING AREA = 36,918 SO.FT. — 0.61 FT. NORTH OF COMPED. P C.LP. w CORvALUS AVENUE i N SAN. SNR. 7E AN SNR g^ STORM STORM S' M. 21" R.( 6" SERVICE SAN. S .-7IDSAN. SNR. Sn"M 12" C.P. VIG11"M r IVIAr OWNED BY B.N.S.F. R.R. CO. LEGEND .1.1.22 Denotes Existing Spot Elevation 'o, Denotes Utility Pole [3Denotes Catch Basin 0 Denotes Sanitary Manhole ® Denotes Drainage Manhole UG Denotes Water Valve —s:— Denotes Sanitary Sewer —P— Denotes Storm Sewer — Denotes Water —a— Denotes OverheadElectric —m— Denotes Underground Telephone aDenotes Concrete LOCATED IN THE SOUTHEAST OUARTER OF THE NORTHWEST OUARTER OF SECTION NINE (9). TOWNSHIP ONE HUNDRED EIGHTEEN (118) NORTH. RANGE TWENTY-ONE (21) WEST. y, OWNER: JOHN NEZNIK SURVEYOR: RICK PERSON ENGINEER: JON FARACI puxo'mmOknl Ong' h 1511 AVE.III. .. Nb JEO W &war .tNE,wad. W 151x1 o-s.x 9r w, to-bT-9a N.r, . IMar 6J0-9571 Sits � LVLfOPY���INLLRINa. AA L1e1' �Ne. Puge lXle peppy RAl s rww SAP.nnew Sen wmCe 1 d 1 ISE N1160N p114 9f PAUL 10. 947111 M E M O R A N D U M DATE: November 2, 1998 TO: Planning Commission (November 9" meeting - Item C-1) FROM: John Sutter, Planner and Redevelopment Coordinator SUBJ.: County Road 81 Redevelopment Site — proposal from Industrial Equities The subject property is a redevelopment site owned by the Economic Development Authority and composed of the following parcels: ADDRESS DESCRIPTION 5454 Lakeland Ave N former site of Suburban Motel 5518 Lakeland Ave N former site of Arnold's Restaurant 5540 Lakeland Ave N former site of Paddock Bar 5917 56' Avenue North former site of house owned by the Paddock Bar The Suburban Motel and Arnold's parcels are zoned 1-1 Light Industrial, while the Paddock properties are zoned B-3 Auto -Oriented Commercial. The City has completed - demolition of the properties. In early October, Industrial Equities approached staff about the possibility of constructing an office/warehouse facility on the site. Since that time, staff has been working with Industrial Equities to determine site needs and possible configurations. The attached preliminary plan represents the prospective developer's most up-to-date vision for the site. Please note that this site plan anticipates the acquisition and demolition of K Wong's at 5430 Lakeland Avenue North and the house at 5549 Zane Avenue North, and the rezoning of the entire site to 1-1 Light Industrial. The proposal would include a 90,000 sq. ft. building, with automobile parking and primary entrances along the front of the building and loading docks along the rear of the building. Two large storm water ponds would be needed; one on 56th Avenue North and the other on the current K Wong's restaurant site. The existing frontage road would be removed except for that portion needed to provide access to the apartments at 6001 & 6017 56th Avenue North. Special consideration would need to be given to screening and buffering the truck loading area from adjacent residential properties. However, the expected lack of refrigerated trucks or night operations suggests that this proposal would be less intrusive to the neighborhood than the previously approved Morey Fish Company proposal (see attached). - Staff requests authorization to proceed with a public hearing for rezoning as soon as is practical, and to proceed with a public hearing for site plan review upon receipt of a completed application from the developer. 9R ''c- y 14:04:51 F:\ENG\61846\036\01\61846036 VUN C 50 100 150 SCA_E N FE LEGEND '-------- DENOTES EXISTING CONTOUR — — — — —998— — — — — DENOTES PROPOSED CONTOUR DENOTES PERCENT OF GRADE DENOTES DRAINAGE ARROW -- DENOTES EXISTING STORM SEWER DENOTES PROPOSED STORM SEWER ❑ O o Q o c e C 0 0 c o❑ DENOTES EROSION CONTROL SILT FENCE . 9oG.5 DENOTES SPOT ELEVATION. WHEN SHOWN NEAR A CURB UNE, DENOTES GUTTER ELEVATION DENOTES ROCK CONSTRUCTION ENTRANCE PA—VELMENT SECTIONS HEAVY DUTY BITUMINOUS 1 1/2' MnDOT 2337 BITUMINOUS WEARING COURS 2 1/2' MnDOT 2331 BITUMINOUS BASE COURSE 8- CL 5 GRAVEL (1005 CRUSHED QUARRY STONE' BASED ON STABLE SUBGRADE, INCREASE THINCKNE IF NOT STABLE LIGHT DUTY BITUMINOUS 2 1/2' MnDOT 2331 BITUMINOUS WEARING COURS 6- CL 5 GRAVEL (1005 CRUSHED QUARRY STONE; BASED ON STABLE SUBGRADE, INCREASE THINCKNE IF NOT STABLE EROSION CONTROL NOTES 1. ALL PERIMETER SILT FENCE AND ROCK CONSTRUCTION ENTRANCES SHALL BE INSTALLED PRIOR TO CONSTRUCTION. 2. THE CONTRACTOR SHALL CONSTRUCT DRAINAGE BASINS PRIOR TO SITE GRADING. 3. THE CONTRACTOR SHALL GRADE SITE AND INSTALL UTILITIES. PROVIDE TEMPORARY SWALES DURING CONSTRUCTION TO CONVEY STORM WATER TO DRAINAGE BASINS AND TEMPORARY BASINS IF NECESSARY. 4. THE CONTRACTOR SMALL INSTALL CATCH BASIN EROSION CONTROL MEASURES. 5. WITHIN TWO WEEKS OF SITE GRADING. ALL DISTURBED AREAS SHALL BE STABILIZED WITH SEED. SOD OR ROCK BASE. SEEDING SHALL BE IN ACCORDANCE WRH MNOOT SPEC. 2575. SEED MIXTURE SHALL BE MNDOT MIXTURE 500. ALL MULCH SHALL BE TWE I AND SHALL BE DISC ANCHORED. FERTILIZER SHALL BE 10-10-10 COMMERCIAL GRADE MEETING THE REQUIREMENTS FOR MNDOT 3881 AND SHALL BE APPLIED AT A RATE OF 200/LBS. PER ACRE. SOD SHALL MEET THE REQUIREMENTS OF MNDOT 3878. ALL AREAS TO BE SODDED OR SEEDED SHALL BE COVERED WITH MINIMUM OF FOUR INCHES OF TOPSOIL 6. ALL EROSION CONTROL MEASURES SHALL BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH CITY, AND MINNESOTA POLLUTION CONTROL (NPDES) PERMITS. 7. THE CONTRACTOR SHALL MNNTMN ALL EROSION CONTROL MEASURES, INCLUDING THE REMOVAL OF ACCUMULATED SILT IN FROM OF SILT FENCES, DURING THE DURATION OF THE CONSTRUCTION. B. ANY EXCESS SEDIMENT IN PROPOSED BASINS SHALL BE REMOVED BY THE CONTRACTOR 9. REMOVE ALL EROSION CONTROL MEASURES AFTER VEGETATION IS ESTABLISHED. 10. THE CONTRACTOR SHALL REMOVE ALL SOILS AND SEDIMENT TRACKED ONTO EXISTING STREETS AND PAVED AREAS. 11. IF BLOWING DUST BECOMES A NUISANCE. THE CONTRACTOR SMALL APPLY WATER FROM A TANK TRUCK TO ALL CONSTRUCTION MEAS. BENCHMARK: TOP NUT HYDRANT ?.?. CORNER ELEVATION = ? FPEWI CERTIFY THAT THIS PUN, SPECIFICATION, OR - SCHOELL & MADSON, iNC. OWNER/DEVELOPER WASPRETHAT BY ME OR UNDER MY DIRECT JOHN ALLEN THAT AM A DULY REGISTERED PROFESSIONAL ENGINEERS • SURVEYORS • PLANNING THE LAWS OF THE STATE OF MINNESOTA. $OIL TESTING • ENVIRONMENTAL SERVICE$10580 WAYZATA BOULEVARD. SUTTE 1INDUSTRIAL EQUITIES, L.L.P. RED. NO. 19594 (672) 546-7601NKA, MNFA55305 546-9065 05 321 FIRST AVE. NORTH MINNEAPOLIS, MN 55401 MINNETONK& MN 55305 PHONE, (6121 332-1122 aEAaEweo BY: DATE DATE: OCT. 1998 PROJECT NAME/SHEET TITLE HIGHWAY SITE CRYSTAL, MN PRELIMINARY GRADING, DRAINAGE & EROSION CONTROL PLAN S.M.I. PROJECT NO. 61846-036 SHEET 1 OF 3 SHEETS • ND7E9 vaw m e..• aatooro wrno.oao eus 11;;Ili�TlT--I.,11��_=<.M�.et,w� TREE PLANTING DETAIL \/ NOf i0 SC4lE �n SHRUB BED PLANTING DETAIL NOI tp SCNE H(yfi/l O1 LANDSCAPE PLAN bv/tt Zane Place North S-2 M E M O R A N D U M DATE: November 5, 1998 TO: Planning Commission (November 9" meeting - Item C-2) FROM: John Sutter, Planner and Redevelopment Coordinator SUBJ.: Buffering Requirements A. BACKGROUND At the Planning Commission meeting on June 8th, the Commission directed staff to develop options regarding distance buffering that would be tied to the site plan review process. Two goals of the Commission stated at that meeting were to recognize the benefits of combining multiple methods of screening, and to provide for some level of Planning Commission and City Council discretion in applying the requirements to a particular project. Based on these discussions, there appear to be three ways to approach the issue: ❑ Status quo: Require buffering but do not specify a specific minimum depth for the buffer. ❑ Do not specify a minimum depth in the ordinance, but adopt policy guidelines which may be varied from by the Planning Commission without requiring a formal variance and proof of undue hardship. ❑ Amend the Site Plan Review ordinance to specify minimum depths for distance buffering depending on the type of use. B. CONSIDERATIONS Status Quo — No Specific Distance Buffering. The advantage of this approach is that it gives the Planning Commission a great deal of flexibility in what amount and type of buffering to require for a particular site plan. The disadvantage is that there is nothing written down for staff to provide to a developer; staff has to base their guidance to developers on memory of previous site plan reviews for other projects. An additional disadvantage is that a developer for whom we require greater buffering may complain that the city is being 'arbitrary and capricious' (although the City Attorney would have to comment on whether or not the City would suffer any legal exposure in such a situation). The screening and buffering sections from the Site Plan Review Ordinance, together with the general screening requirements from the Zoning Ordinance, are attached for your information. Also included are copies of the site plans for the Holiday station at County Road 81 and Wilshire Boulevard, the Crystal Town Center at West Broadway and 56th Avenue, and the Cub Foods store at 36th Avenue and Highway 100. Distance Buffering Guidelines. The advantage of this approach is that it provides guidance to developers, staff and the Planning Commission while still allowing for flexibility without the very strict requirements for granting a variance (undue hardship). The disadvantage of this approach is that a developer may still make the 'arbitrary and capricious' argument if the guidelines are not applied consistently. For example, the Planning Commission could adopt a policy for such guidelines, as follows: Guidelines for Distance Buffering It is the intent of this policy to provide generalized guidelines for buffering to be required where non-residential uses will abut residential uses. It is anticipated that the Planning Commission may recommend buffering distances that are less or greater than that shown in the guidelines, depending on factors particular to each development, and including but not limited to the types of uses, parcel shape and size, optimal layout, building bulk and height, anticipated hours of operation, traffic, drainage and similar considerations. These guidelines are not requirements; rather, they are intended to guide the Planning Commission and City Council in the review and approval of site plans as required under Section 520 of Crystal City Code. Type Distance buffering recommended for uses located in one of of the following districts when directly abutting property Screening in a residential district*: (planting, fence or berm) B-1 B -la B-2 13-3 B-4 I-1 I-2 planting or fence 10 10 10 30 30 30 40 any two of the three types 10 10 10 20 20 20 30 all three types 10 10 10 10 10 10 20 *When such use abuts property in a residential district across a street or railroad right-of-way, then the LOT COMBINATION & REDIVISION - 2711 & 2721 VERA CRUZ 2 recommended distance buffering is one-half that shown in the table above. The effect of these guidelines would be to establish a recommended minimum (10 feet) for all types or combinations of screening, with increasing distances recommended when more intensive uses abut a residential district. It would also account for the buffering effects of street and railroad right-of-way by reducing the recommended distance buffering to half of that shown in the table. Distance Buffering Requirements. Essentially, this approach could be implemented by taking the guidelines and adding them to the Site Plan Review ordinance as requirements. The advantage of this approach is that it would reduce the opportunity for a developer to claim that the City was not requiring distance buffering in an equitable fashion. The disadvantage of this approach is that, due to Crystal's nearly fully developed nature, many sites may have difficulty complying with the fixed requirements. Furthermore, the Planning Commission will not have the ability to be flexible and take into account the unique characteristics of each site and surrounding uses, short of a granting a variance. Under City Code and State law, variances are not to be granted except when an undue hardship exists. Crystal City Code (515.56 Subd. 5) states: "For the purposes of Subdivision 4 the term "undue hardship" means that: (i) the property in question cannot be put to a reasonable use if used as required by this Zoning Code; (ii) the plight of the landowner is due to circumstances unique to the property not created by the property owner; and (iii) the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute an undue hardship if a reasonable use for the property exists under this Zoning Code." The difficulty for granting a variance in such a situation is that a developer would have to argue not only that their proposal cannot fit on the site without a variance, but also that no other reasonable use could fit on the site without a variance. This might be arguable in the case of very small parcels, but for larger parcels it would be very difficult to make such a case. C. PLANNING COMMISSION DISCUSSION How is each approach applicable to recent development projects? Which approach does the Planning Commission feel would best advance the City's goals? Should staff bring a particular approach to public hearing for consideration before the Planning Commission? LOT COMBINATION & REDIVISION - 2711 & 2721 VERA CRUZ 3 PLANT SCHEDULE C), A# tw t Eqn. IL Ow X !tet Atft- ItISL - C) I lim, AM, 2> I Holiday CITY OF GRY5TAL MINNESOTA --------- - - - 37TH AVENUE - - - - - - - - - - — V PL,.t SCHEDULE BjmyrwoOD AVF-VVZ — --------- LANUbl-Aet tLAn DEVELOPED IT', PASTER ENTERPRISES ��I� l i l l l l l l' Ir--'.! 1 I� _�---i L.Y_---------------- i =;�_:: �.__. --7 — - - - - - - - - - - - - BASS LUX ROAD -`----------- I _-_- - Ll KKE CRYSTAL TOWN CENTER CRYSTAL, MINN. BjmyrwoOD AVF-VVZ — --------- LANUbl-Aet tLAn DEVELOPED IT', PASTER ENTERPRISES ��I� l i l l l l l l' Ir--'.! 1 I� _�---i L.Y_---------------- i =;�_:: �.__. --7 — - - - - - - - - - - - - BASS LUX ROAD -`----------- I _-_- - Ll I PYLON SIG ---_--_--_ PROPOSED SIGNAL ---------- ------------ 36th — ---- 36th AV �— --- _ NORTH ------- — --- __--__--____� O — ________— OUTLOT09 ArRr� SUPERMA KET 89,260 S�F. n—may■ •c Q'J% �f•� • w I�:'�:�"LY�.�,'�++w it���.;uetvt+'r��tr�'�•fvlrrk"i'.'��.+Yi`P..G'�ti'�h�3� � I I SOLID F CEDAR FENCE aK' I I SCREE(IN.G.I . / to i I T. GRAPHIC 9CAli � { I. pii. 110UM i mR.IGl4 I I � 35th AVENUE NORTH— — aurrr UST - . ......- .... � _...��. � Tar (r p� tl.u. Trr T p.pvu. T