Planning Report

Date:	May 18, 1999

Subject:	Minor Subdivision - 201 5th Avenue S.W.

Case:	PL-251

Applicant:	Charles Stark

Request

To consider a Minor Subdivision request by Charles Stark to divide the existing lot located at 201 5th Avenue S.W., into two (2) lots of record. The subject property is zoned I-2, Heavy Industrial. Existing businesses located on the site include New Brighton Lumber and Freeway Towing. Freeway Towing would like to move to the newly created parcel and construct a small building. Construction of the new building, and outside storage of vehicles would require a special use permit. Additionally, the existing New Brighton Lumber site contains nonconformities (perimeter curbing a bituminous surface), which will need to be addressed as part of the proposed subdivision.

Findings

Section 6-060 Lot & Yard Standards, I-2 District

Chapter 26, Subdivisions

Site Characteristics

1.	Location:	201 5th Avenue S.W.

2.	Size:	5.59 acres

3.	Topography:	Flat

4.	Vegetation:	None

5.	Sensitive Areas:	An Overhead Power (NSP) line easement along I-35W

Site History

1.	Past Uses:	New Brighton Lumber & Twin City Towing

2.	Historical Significance:	None

Departmental Considerations

Community Development

1.	Proposed Use:	Existing use (New Brighton Lumber) is to continue on Parcel A. Future use of Parcel B (Freeway Towing) must meet all applicable zoning requirements of the I-2, Heavy Industrial Zoning District.

2.	Surrounding Land Uses:

North:	Heavy Industrial

South:	Heavy Industrial

East:	Heavy Industrial

West:	Heavy Industrial

3.	Impact on Surrounding Land Uses:	Minimal

4.	Comp Plan Designation:	Industrial

5.	Zoning:	I-2, Heavy Industrial

6.	Lot Sizes:	Required:	No minimum required

Proposed:	Parcel A = 3.54 acres

Parcel B = 2.05 acres

7.	Lot Widths:	Required: NA

8.	Setbacks:	Required:	40 feet front; 15 feet side and 20 feet rear

All new structures must meet the minimum required setbacks.

9.	Other Considerations:	None

Public Works

1.	Streets:	No public streets are proposed.

2.	Access:	Both lots will gain access off of 5th Avenue SW. The newly created Parcel B will gain access off of both 5th Avenue and an ingress Egress Easement proposed over Parcel A.

Access is also provided to the property to the south (which contains a billboard) via a 20-foot wide easement. Access to this property has traditionally been gained over the Stark property, therefore, the applicant is making this access official by providing a pedestrian easement.

3.	Utilities:	Public utilities must be made available to the newly created Parcel B. Therefore, as part of any development of Parcel B, a utility plan must be submitted showing connections for sewer and water off of 5th Street SW to Parcel B. Said utilities shall run under the utility/ingress/egress easement.

4.	Easements:	A portion of the existing 130-foot wide NSP easement along the eastern property line will remain. As mentioned, the applicant is proposing a 30 & 20 foot ingress and egress easement across Parcel A and Parcel B to provide access to both Parcel B and the adjacent property to the south owned by Donald Leier, which is only used for a billboard sign. This easement is located over an existing driveway on the west side of the existing New Brighton Lumber building and continues along the western property line. Said Easement shall be subject to review and approval of the City Attorney.

5.	Grading/Drainage:	The grades are not proposed to be altered. With the development of Parcel B, and proposed grading plans would be subject to review and approval of the City Engineer. Said plans could not have any negative impact on adjacent properties or drainage area.

6.	Rice Creek Watershed District:	Any development of Parcel B would require approval of the Rice Creek Watershed District.

7.	Environmental Concerns:	None

8.	Other Considerations:	None

Building Official

1.	Structure Size:	NA

2.	Structure Height:	NA

3.	Exterior Treatment:	NA

4.	UBC Compliance:	Will be required with any new building

5.	Other Considerations:	None

Sanitation/housing

1.	Weeds:	NA

2.	Garbage/Rubbish Enclosures:	There is a significant amount of construction debris located on Parcel B. Therefore, as a condition of approval of this subdivision, the debris must be removed.

3.	Other Considerations:	NA

Parks

1.	Park Dedication:	NA

2.	Proximity of Parks:	None

3.	Tree Preservation:	NA

4.	Impact on Parks:	None

5.	Impact on Community Facilities:	Minimal

6.	Other Considerations:	None

Fire

1.	Hydrant Locations:	NA

2.	Access to Site:	Per the Fire Code a 20-foot wide drive aisle must be provided to Parcel B. The existing drive exceeds 20 feet wide. This area shall not contain of any parking.

3.	Other Considerations:	None

Police

1.	Accident Counts:	None

2.	Violations:	NA

3.	Traffic Safety:	None

4.	On-Street Parking:	NA

5.	Site Security:	NA

6.	Other Considerations:	None

Staff Comments

Staff has some concern over creating a lot that does not have direct access off a public right-of-way. However, the situation is not unique in New Brighton, as several commercial and industrial developments have been approved under similar circumstance. Rush Creek, Rice Creek Shopping Center and the industrial development in the northwest quadrant of I-35W and County Road D are some examples.

Additionally, the proposed Parcel B is located over 500 feet away from connections to public utilities. Therefore, as part of any development of Parcel B, a utility plan must be submitted showing connections to both sewer and water. The City requires individual public service hook-up for both sewer and water and does not allow a shared connection from Parcel A, therefore, new lines must be installed from 5th Street SW to Parcel B within the proposed utility and ingress and egress easement.

With the subdivision of property and addition of new buildings, the City has typically required any site non-conformities to be brought into conformance with City Code and sites cleaned up of zoning violations. As mentioned the site does not contain perimeter curbing, is not completely paved with bituminous surface, and there is a collection of debris on proposed Parcel A. Therefore, as a condition of approval of this subdivision the applicant must correct these site nonconformities. The attached graphic shows the location of the nonconformities.

Motion to recommend approval of PL-251 subject to the following condition:

1.	Ingress & Egress shall be subject to review and approval of the City Attorney.

2.	There shall be no building encroachment into the 30 & 20 foot Ingress & Egress easement.

3.	No parking shall be allowed within the Ingress & Egress easement.

4.	All junk, debris and construction materials shall be removed from proposed Parcel B.

5.	Perimeter curbing shall be installed in the locations where no curbing exists on Parcel A.

6.	Any areas on Parcel A utilized for off-street parking and drive-aisles shall be paved with bituminous surface.

7.	Grading and drainage associated with the development of Parcel B shall not have any negative impacts on adjacent properties.

8.	The development of Parcel B shall require the submittal of a Utility Plan showing individual lot hook up of sewer and water for Parcel B.

Cary K. Teague, City Planner