Planning Report

Date:	March 21, 2000

Case:	PRD00-1, LP00-3, PL00-1, NC00-1

Subject:	Planned Residential Development, Nonconforming Use Permit, Site Plan, & Preliminary Plat

Applicant:	Mir Ali/Houwman Architects

Request & Background

The Planning Commission is asked to hold a public hearing and consider an application by Houwman Architects on behalf of Mir Ali, for a Planned Residential Development (PRD), Nonconforming Use Permit, Site Plan, and Preliminary Plat. The purpose of the request is to construct two 18-unit townhomes structures, and subdivide the property into three lots of record. The subject property is located at 219-221 Old Highway 8 NW, and is zoned R-3A, Multiple Family Residential.

This site currently contains an existing 20,100 square foot, 22-unit apartment building. The nonconforming use permit is required due to the fact that the existing facility does not have enclosed parking stalls, and the existing off-street parking area is not striped or contain perimeter curbing.

Each townhome unit is intended to be owner-occupied, contain an underground parking stall, two 2nd-
story bedrooms, and be 1,254 square feet in size.

Findings

Section 4-340 R-3A Zoning District

Section 7-010, Planned Residential Development

Section 8-010, Site Plan Review

Section 8-410, Nonconforming Use

Section 11-010, Parking Regulations

Site Characteristics

1.	Location:	219 Old Highway 8 NW

2.	Existing Lot Size:	The site is 4.8 acres or 209,183 square feet in size.

3.	Proposed Lot Sizes:	Parcel 1 = 63,825 square feet

Parcel 2 = 72,712 square feet

Parcel 3 = 72,646 square feet

4.	Density:	Overall Density Allowed: 84 units. The R-3A district standards were used to determine density (1 unit per 2,500 s.f.) - 209,183 square feet divided by 2,500 square feet equals 84 units. Proposed: 58 units (36 proposed & 22 existing).

Parcel 1 = 25 units allowed - 22 existing

Parcel 2 = 29 units allowed - 18 proposed

Parcel 3 = 29 units allowed - 18 proposed

.

5.	Topography:	Sloped toward Jones Lake

6.	Vegetation:	A variety of tress adjacent to Jones Lake and Old Highway 8. These trees are to be preserved.

7.	Sensitive Areas:	Jones Lake to the east

8.	Comprehensive Plan Designation:	Multiple Family Residential

9.	Zoning:	R-3A, Multiple Family Residential

10.	Surrounding Land Uses:

North:	Small businesses - Zoned I-1, Light Industrial

South:	Business (Appraisal Office) - Zoned, R-3A, Multiple Fam. Res.

East:	Jones Lake

West:	Small businesses - Zoned I-1, Light Industrial

Site History

1.	Past Uses:	Multiple Family Residential

2.	Historical Significance:	None.

Departmental Considerations

Community Development

1.	Building Setbacks:	Required:	30 feet (front yard)	Proposed: 30 feet

150 feet (Jones Lake)	Proposed: 152 feet

5 feet (side)	Proposed: 10 feet

2.	Parking Setbacks:	Required: 30 & 5 feet Proposed: 30 and 10 feet

3.	Total Parking (Proposed Bldg.):	Required: 90 Stalls - 36 of which must be enclosed.

Proposed: 99 Stalls - 36 enclosed, 36 located in the "driveway" and 27 visitor stalls.

4.	Total Parking (Existing Bldg.):	Required: 60 Stalls - 22 of which must be enclosed.

Proposed: 60 Stalls - 22 stalls enclosed. Both the existing and proposed parking areas must be striped per Section 11-020 of the Zoning Ordinance.

5.	Disability Parking Required:	Two (2) stalls must be provided in the outdoor parking area of the existing building. Said spaces must be as close to an entrance as possible.

Disability Parking Proposed:	The applicant has not shown disability parking spaces on the proposed plan, however, they will be required as a condition of approval.

6.	Stall Size:	9 x 18 (complies)

7.	Aisle Size:	Required: 24 feet	Proposed: 24 feet (complies)

However, there is not adequate room for a turning area for cars exiting units 18, 19 and 36. Additionally, there is not enough room to construct a paved turn around area for these units, as the paved surface is right at the required setback of 30-feet. Staff would recommend that units 18, 19 and 36 be eliminated from the plan in order to

8.	Total Drives:	Two (2)

9.	Drive Size:	Twenty-four (24) feet

10.	Concrete Curbing:	To be provided around the perimeter of the entire site (both facilities).

11.	Parking Area Surface:	Bituminous

12.	Landscaping/Screening:

13.	Impact on Land Uses:	Minimal

Public Works

1.	Streets:	None

2.	Curb Cuts:	One new curb cut off of Old Highway 8. Because Old Highway 8 is a County road, a permit must be required from Ramsey County.

3.	Utilities:	Available

4.	Easements:	NA

5.	Grading/Drainage:	The Rice Creek Watershed District is requiring a NURP pond (see attached plans) to filter run off before draining into Jones Lake. As such, a significant amount of fill is required for the project to allow the NURP pond to function. The City Engineer has reviewed the proposed grading and drainage plan and has found it to be acceptable.

6.	Rice Creek Watershed District:	Permit required

7.	Environmental Concerns:	None

8.	MPCA:	Not Applicable

9.	Other Considerations:	None

Building Official

1.	Structure Size:	Two 11,764 square foot, 18-unit, two-story townhomes with underground garages. The proposed detached garage is 6,072 square feet in size.

2.	Structure Height:	Proposed: 30 feet

Required: No maximum requirement per Section 7-060 of the PRD Ordinance

3.	Exterior Treatment:	Brick & Vinyl siding

4.	UBC Compliance:	Will be required

5.	Other Considerations:	None

Sanitation/housing

1.	Weeds:	NA

2.	Garbage/Rubbish Enclosures:	To be enclosed

3.	Seating Requirements:	NA

4.	Kitchen Facilities:	NA

5.	Other Considerations:	None

Parks

1.	Proximity of Parks:	Totem Pole Park to the south and west

2.	Proximity to Community Facilities:	None

3.	Impact on Parks:	Minor increase in usage of parks.

4.	Impact on Community Facilities:	Minor increase in usage.

5.	Park Dedication:	Per Ordinance No. 87-554, subdividers are responsible to dedicate land for parks and/or make a cash contribution in lieu of contribution of land. As no land is proposed to be dedicated for public park purposes, the applicant is responsible to dedicate $350 per townhome unit for park dedication. These fees shall be collected at the time of building permit application.

6.	Proposed open/play Areas:	The applicant is proposing a play area for children at the west end of each row of townhomes. However, concern is raised in regard to how children will get to these areas. As proposed, children will have to walk across driveways and or drive aisles to get the park. Staff suggests that the park area for building A be shifted to the west end, and a sidewalk with a different color paving be constructed at the end of each units driveway, for children to walk to these areas. If there is a park at the west and east end, the walking distance is decreased.

7.	Other Considerations:	None.

Fire

1.	Hydrant Locations:	To be reviewed by the Fire Inspector

2.	Access to Site:	To be reviewed by the Fire Inspector

3.	Access to Structure:	To be reviewed by the Fire Inspector

4.	Y Connection Location:	To be reviewed by the Fire Inspector

5.	Other Considerations:	None

Staff Comments

Nonconforming Use Permit

It is recognized that there are uses of land, structures, and combinations which were lawfully established and which do not now comply with all applicable portions of the City Code. The subject site is an example of such a use. While it is recognized that such nonconforming uses may not be summarily terminated, it is the purpose of Section 8-410 to discourage their survival. Further, such permission may be granted only if one or more of the following conditions are met:

a.	The total number of nonconformities is reduced.

b.	The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent.

c.	The extent of any nonconformity is reduced where practical.

The nonconformities that exist on the subject site include the following:

a.	The existing site does not contain perimeter curbing.

b.	The existing on-site parking stalls are not striped.

c.	There are no enclosed parking stalls.

The applicant is proposing to address all the nonconformities by installing perimeter curbing around the off-street parking and drive aisles, constructing detached garages, and stripe the existing parking stalls to meet the City Code.

Recommendation - Alternatives

Denial

Motion to waive the reading and adopt the attached resolutions denying PRD00-1, LP00-
3, PL00-1, NC00-1.

Approval

Motion to waive the reading and adopt the attached resolutions approving PRD00-1, LP00-3, PL00-1, NC00-1, subject to the following conditions:

d.	Approval of a permit by the Rice Creek Watershed District.

e.	Perimeter curbing be installed around all off-street parking area and drive-aisles (both parking lots).

f.	Permit must be acquired from the Ramsey County Department of Transportation for the proposed new curb cut on Old Highway 8.

g.	All off-street parking and drive areas be paved with bituminous surface.

h.	All off-street parking stalls (both parking lots) must be striped with white or yellow painted lines, not less than four (4) inches wide.

i.	Two (2) disability parking stalls must be provided in the underground parking area. Said spaces must be as close to an entrance as possible.

j.	Four (4) disability parking stalls must be provided in the outdoor parking area for the proposed building. Said spaces must be as close to an entrance as possible.

k.	Two (2) disability parking stalls must be provided in the outdoor parking area for the existing building. Said spaces must be as close to an entrance as possible.

l.	The landscaping plans shall be installed per the submitted plans dated 1-7-2000.

m.	The land owner shall be responsible for maintenance of all plant materials shown on the landscape plans dated 1-7-2000. Should any of the plant materials become diseased or die, they must be replaced.

n.	Provision of a bond or letter of credit in the amount equal to 100% of the cost to install landscaping, curbing and paving to ensure that these items are installed per the approved plans.

o.	All signage shall be required to meet the provisions of the Sign Ordinance Sections 9-010 through 9-180. The applicant must obtain a Sign Permit for construction of the proposed signs.

p.	The proposed grading plan shall be subject to review and approval of the City Engineer.

q.	Any exterior lighting must be installed so as to prevent direct light from being detectable at the lot line of the site on which the light source is located.

r.	Subject to review and approval of the City Fire Inspector.

Staff Recommendation

Staff recommends approval of the project subject to the conditions outlined above.

Cary K. Teague, City Planner