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PCAgenda_03May27
City of Farcon Heights Planning Commission City Hall 2077 W. Larpenteur Avenue Tuesday, May 27, 2003 7:00 p.m. AGENDA A. CALL TO ORDER: 7 p.m. B. ROLL CALL: Tracy Lukermann Harris Lageson Maher Heideman DeLeo Ryan Ziebarth Council Liaison Lindstrom City Administrator Worthington Staff Liaison Jones ' City Attorney C. APPROVAL OF MINiJTES: March 25, 2003 D. PUBLIC HEARING: Permit parking on Garden Avenue in Falcon Woods E. AGENDA ITEM 1: Consideration of petition for permit parking in Falcon Woods and recommendation to the City Council F. PRESENTATION: Proposed Dino's Restaurant -City Administrator Heather Worthington G. PUBLIC HEARING: Variances requested for a new Dino's Restaurant H. AGENDA ITEM 2: Consideration of variances requested for a new Dino's Restaurant and recommendation to the City Council I. INFORMATION AND ANNOUNCEMENTS: J. ADJOURN • MEMORANDUM To: Members of the Planning Commission CC: Heather Worthington, City Administrator; Peter Lindstrom, Council Liaison From: Deb Jones, Staff Liaison Subject: Planning Commission Meeting and Public Hearings of May 27, 2003 Date: May 23, 2003 We have a couple of significant agenda items this month. Each one requires a hearing The first item is a petition for permit parking on Garden Avenue. The details are in the staff report and accompanying documents. Staff does not support this petition. We expect most of the neighbors to attend the hearing, including quite a few from the adjacent streets whom we have not yet heard from. You will vote on a recommendation after the hearing closes and before taking up the next item. • The second item is the matter of the new Dino's Restaurant proposed for the site presently occupied by Embers. This has come on the City in rather a hurry, and we have had to put this on a fast track because it is so intertwined with the SE Corner project. There are two pieces to the Dino's issue. One is a fairly straightforward application for variances. These are reasonable and fairly minor, and staff supports the granting of them. These particular variances have aroused very little public comment. On the other hand, the loss of Embers, the fact that the new Dino's includes adrive-through, anxieties about traffic already cutting through the neighborhood -all these have aroused a lot of concern and comment. I have made up a separate sub-packet on these non-variance issues for your information, with a separate cover memo. Because the people who attend the hearing on Dino's are likely to be more concerned with the non-variance issues, and because the distinction may not be clear to them, Heather and I are prepared to spend some time before the hearing addressing the non-variance concerns and presenting the results of the traffic study done this past week, for your information and for the residents that will attend the hearing. We also plan to schedule some additional neighborhood meetings around the traffic and similar concerns. Only the variances require Planning Committee action at this time. Heather and I are trying to contact each of you by phone before Tuesday in order to listen to any concerns you may have and answer your questions. I apologize for interrupting your weekend, but we all have a lot to take in here. If you have not heard from one of us by Tuesday, please call either of us Tuesday morning or send an email. Have a good holiday weekend! City of Falcon Heights • Planning Commission Minutes March 26, 2003 Chair Tom Lageson called the meeting to order at 7:04 p.m. PRESENT: DeLeo, Lageson, Lukermann, Maher, Heideman, Ryan. Also present were Heather Worthington, City Administrator, and Deb Jones, Zoning and Planning Coordinator. ABSENT: Harris, Ziebarth, Tracy, Alternate Commissioner Middleton, Council Liaison Lindstrom The minutes of the February 26, 2003, meeting were approved. PUBLIC HEARING ON THE S.E. CORNER REDEVELOPMENT P.U.D. Chair Lageson opened the public hearing. City Administrator Worthington presented the proposal for the P.U.D. Noting that the City has been working on this project for three years, Ms. Worthington said that this evenings object is to seek Planning Commission approval of the rezoning ordinance for the whole SE Corner parcel. The Commissioners have reviewed the site plan plus preliminary plans for the multi-family unit and the senior unit; plans for the townhomes will be reviewed in April. The Planning Commission had also had the opportunity to review an evaluation by consultant Dan Cornejo and a report from the CPTED (Crime Prevention Through Environmental Design) department of St. Paul. No members of the public were present to speak. Commissioner Lukermann asked if the idea of reorienting the front porch steps on the Arona side of the senior building came from the City or the developer. Ms. Worthington said the idea was Dan Cornejo's, and that the City could suggest it. She said it is within the City's purview to make such recommendations. Sherman Associates has been very cooperative on the changes. Commissioner Maher pointed out that the floor plan for the multi-family building shows the largest apartments, which are most likely to house children, are the farthest from the elevator. Ms. Worthington said Staff will bring this up with the developer. In response to a related question from Commissioner Lageson she confirmed there is only one set of elevators, but they are closer to the midpoint of the building than one end. The City did ask that the lobby be reoriented to improve traffic flow and security. Commissioner Lukermann wanted to know if there would be chutes for rubbish disposal, or will tenants have to carry their trash down to the basement. Staff will find out. Commissioner Lageson asked if there are sufficient fire exits. Ms. Worthington said that is part of the building code review, which is not yet complete. Commissioner Ryan asked if a discrepancy concerning surface materials mentioned in Mr. Cornejo's report had been resolved. If not, said Ms. Worthington, it will be worked out. Staff will proceed on the basis of the two reports and any concerns brought up by the Commission. Commission Ryan also brought up something that had been mentioned in an earlier public meeting, the possibility of charging a fee (in addition to rent) for parking space in the multi- family. He and other commissioners expressed concern that this would encourage tenants to park 03_0326.doc Falcon Heights Planning Commission, March 26, 2003 Page 1 of 3 on the street or in the surface lot to save money, and this would have a negative impact on the • neighborhood. Ms. Worthington replied that there had been discussion of making any parking fees a required part of the rent and that this would be followed up with the developer. Sherman has been informed that on-street parking is not available, and there is plenty of parking on site. In response to a question from Commissioner Lukermann, Ms. Worthington said that the units that are set aside as "affordable" are permanently designated (at least, for 30 years) and that monitoring this is a state responsibility, as the money to fund these units comes from the state. Commissioner Ryan commented that the six foot fence along the south perimeter recommended by the OPTED report seems to cut off access to Curtiss Field. He wondered what the neighbors on Idaho think of this fence. Ms. Worthington said that staff will meet with those residents to find out their preference on fencing options. The security concern is with having a "pass through" at the east and west ends of the south side of the property, allowing people who don't live there to congregate in the holding pond area. The fence is needed to control access to this landscaped area but not be a visual barrier. One option that has worked well elsewhere is an anodized aluminum fence that looks like wrought iron. Access to Curtiss Field will be the pedestrian walk along Snelling Avenue, which will be better than the existing service drive. Commission Heideman expressed concern about safety hazards that might be posed by the detention pond when it is filled. Ms. Worthington replied that the pond is meant to be an interceptor for storm water on the way to the Curtiss Field pond. There are flat roofs in the development that will hold some water, but on the whole the plan represents less impervious service than existing. The slope to the pond is very gradual. It will be dry most of the time. Under heaviest runoff (100 year storm), the pond should remain flooded only 8 hours. The • Curtiss field pond has not been well maintained and is not functioning well. It will be dredged and improved. The pond on the SE Corner site is not expected to be a safety hazard. This issue was raised early on and has been taken seriously by the City and the developer. There being no further questions or comments, the hearing was closed. CONSIDERATION OF THE P.U.D. DeLeo moved, Heideman seconded a motion to approve the P.U.D. In the following discussion, Commissioner Ryan asked if the final plat will come before the Commission. Ms. Worthington said no, there will be final plat that will go to the council; the preliminary plat has gone to the County. The question was called. Motion carried. The recommendation for approval of the P.U.D. will go to the Council. INFORMATION AND ANNOUNCEMENTS. Commissioner Heideman said that the Fully Developed Communities Group is on hold because of the uncertainties in the State budget. Further action will not come until the legislature adjourns. Part of the dilemma is how the inner suburbs should position themselves, with the inner cities or with the suburbs. Commissioner Lukermann asked about the trail through the Grove (The Old Trolley Trail) in reference to an article in the St. Anthony Park Bugle. Ms. Worthington said that the City has applied for a grant to improve the trail. The community will be fully involved when the time • comes to work on that plan. In response to another questions from Ms. Lukermann, Ms. Worthington affirmed that there is a plan to work with the St. Anthony Park neighborhood on 03_0326.doc Falcon Heights Planning Commission, March 26, 2003 Page 2 of 3 buckthorn this coming fall. Most of the buckthorn in Falcon Heights is in the Grove. More • information on this effort will be coming. Commissioner Lageson asked if anything more has been heard about biolab enterprise at T.I.E.S. Ms. Worthington said there has been no word from them. If it comes up, some zoning changes will be required. ADJOURN The meeting was adjourned at 7:41 p.m. Respectfully submitted, Deborah Jones, Staff Liaison • 03_0326.doc Falcon Heights Planning Commission, March 26, 2003 Page 3 of 3 Item 1 5/27/03 • ITEM: Petition for a permit parking zone on Garden Avenue in Falcon Woods. SUBMITTED BY: Deborah Jones, Zoning and Planning Coordinator REVIEWED BY: Heather Worthington, City Administrator Roger Knutson, City Attorney EXPLANATION: Summary: A petition has been submitted by 12 of the 15 residents of Garden Avenue in the Falcon Woods subdivision of the city to create a permit parking zone on that portion of Garden Avenue (Address numbers 1968 - 2048). The street frontage is more than the minimum 600 feet required to qualify for a permit parking zone. Three residents did not sign. 1958 Garden and 1802 Moore were not included in the petition. Staff has determined that the petition is in order, with 80% of the residents signing. 75% is the required minimum. (Please note that the withdrawal of one signature will lower the percentage to 73.3%, which would remove the petition from consideration.) The reason for the petition is the parking of cars by non-residents during weekdays. It is believed that the cars belong to people who are attending or working at the University of Minnesota. Staff have made observations of the parking patterns on Garden Avenue, including a comparison to nearby streets (Howell, Moore, Prior and Summer), over atwo-month period from March 21 to • May 12, at various times of day. A log is attached which includes resident reports as well as staff observations. The following points summarize staff observations: • Counting both sides of the street, there are approximately 16 available street parking spaces (or more) on the portion of Garden Avenue under consideration here, with additional on-street space on Howell and Moore. • Every residence on this portion of Garden Avenue has a double garage and driveway space for at least 2 cars, giving a total of 4off-street parking spaces per resident. • The number of cars parked on Garden has ranged from zero (on the day streets were swept and the street was posted for no parking) to nine (which included two lawn service vehicles). • Parking counts on Howell, Moore, Summer and Prior ranged from 0 to 5 cars per street during the same period. • During the later part of the observation period (April 14 -May 14), there was an average of 5.3 cars parked on Garden per week day, when observations were made. • Parking was heaviest in front of the houses closest to the pedestrian path leading to the Prior Avenue cul-de-sac to the south. Parking was heaviest in front of 2018 Garden, the house just west of the path entrance. Few cars were parked at the east end of the block. • Parking numbers were highest when the University was in session, supporting the petitioners' assertion that the cars parked on street belong to non-residents associated with the University. U Staff Report: Permit Parking on Garden May 23, 2003 Page 1 of 2 Comments From Residents: Three Residents of Garden Avenue contacted City Hall individually to comment on this issue, one in writing, one in person and one by phone, after circulation of the petition. All are opposed to permit parking, two because they felt the inconvenience of residents • having to buy permits for themselves and for guests would outweigh the inconvenience of non- residents parking on the street, the other because he objects to paying a fee to park on a street already supported by taxes. Analysis: • In other areas of the city where we have permit parking, enforcement has been an issue. Parking enforcement is not the primary duty of the police officer assigned to the city, and there is no funding for additional police staffing to enforce permit parking on a consistent basis. Fees from parking permits (approx. $300/year) would not cover the cost of enforcement. • Staff observations support the allegation that some non-residents are consistently using Garden Avenue to park for access to the University of Minnesota. • If the street parking (approximate average = 2) on adjoining Howell and Moore can be interpreted as a standard for expected resident/visitor parking in this neighborhood, then the number ofnon-residents parking on Garden during University operation is between 2 and 6 cars daily. There are at least 16 street parking spaces in the area under consideration. • Since all residences on the affected portion of Garden have at least 4off-street parking spaces, staff finds that the parking by non-residents does not create a material hardship for residents. Compared to other neighborhoods in the City, this neighborhood is unusually advantaged in the amount of off-street parking available. • As non-residents parking their cars on Garden are generally using neighborhood streets only for • one inbound and one outbound trip, staff does not find that the increased traffic poses a significant safety hazard at this time. Even with the non-resident parking that is taking place, there is less traffic in this neighborhood than many other residential neighborhoods of the city. • At all times staff observed ample on-street parking available within 500 feet of every affected residence. Staff does not find any hardship imposed upon residents in lack of parking for their visitors. Staff Recommendation: Based on information collected, observations and funding priorities, permit parking is not recommended on Garden Avenue between Moore and Howell at this time. Attachments• Petition for permit parking Letter sent to neighborhood and copy of legal notice Observation log Map of Falcon Woods Neighborhood Copy of City Administrative Policy on Permit Parking Action Requested: Recommend denial of Resolution 2003-09 to the City Council, instituting permit parking on Garden Avenue between Howell and Moore Streets. Staff Report: Permit Parking on Garden May 23, 2003 Page 2 of 2 March 16, 2003 • To: Garden Avenue Residents. From: Gazden Avenue Residents. RE: Non- resident parking. We are looking for your support in t .tying to control the non-resident pazking on our block. The process will involve obtaining a petition with signatures of 75% of the owners of all residenial structures on each block (each block is separate). The petition will be filed with the city that states "residents of a particular residential azea are encountering serious problems because of excessive parking by persons who are associated with nearby nonresidential use". Our hope is that signs will be posted similaz to the signs along Tatum- " 2 hour parking 8 AM-4 PM Monday thru Friday". Permits can be issued for our residents at fees of $10.00 per yeaz per car. • Guest permits are $1.00 per caz and can be obtained from City Hall prior to your event. In the event you are having a contractor do works at your home a 3 week permit will be issued for $1.00. For further information please check the Falcon Heights City web site; www.ci.falcon- heights.mn.us. Please help us resolve this problem. Thank you for your support. 1968 Garden Ave. 1978 Garden Ave. 1971 Garden Ave. 1987 Garden Ave. 1988 Garden Ave.-------------------------------------------------------------------------------------- x;1958 Garden A' . 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O .~ tO .a CITY OF ~ ~~~ FALCON HEIGHTS 2077 W. L.ARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (651)644-5050 FAX (651) 644-8675 May 15, 2003 Dear Resident: In March the City received a petition signed by 75% or more of the residents on Garden Avenue in Falcon Woods, asking for. permit parking to be instituted on that portion of Garden Avenue. 'The reason for the petition is the presence of pazked cazs belonging to non-residents who walk to the IJM campus. In accordance with the procedure set down in the City Administrative Policies, there has been a staff review of the petition and an assessment of the pazking situation on Garden and on adjoining streets. Only Garden is being considered for permit pazlcing at ties time; Howell,. Moore, Prior and Summer are not included in the petition. The next step is a hearing before the Planning Commission, which will then discuss the proposal and make a recommendation to the City Council. This Planning Commission hearing is scheduled for Tuesday, May 27, 2003, 7:00 p.m. at City Hall. You are welcome to attend and comment upon the proposal at that time. • The creation of a permit parking area is something the Ci does with tY great care and due consideration in cases where residents "aze encountering serious problems because of excessive parking by persons who are associated with nearby nonresidential uses." The Planning Commission and the Council will weigh the merits of the proposal in terms of the well-being of the whole neighborhood and the city. Their decision is not a foregone conclusion, so your input is very important. If permit parking is instituted on Garden, signs would be posted stating the new pazking limits. Pazking permits would be available to residents of lots fronting the restricted area for an annual fee of $10 each for the first two cars, $20 each for any additional cars. Temporary permits costing $1 would also be available. More information can be found on the City website at http://www.ci.falcon-heights.mn.us/infoguide/parking/parlcing_permits.html If you have any questions before the hearing, please contact me at City Ha11, 651-644-5050, during business hours. You may also comment in writing by email to djonesC~ci.faicon-heights.mn.us or by r DQuIazU.S. Mail to the address below. Sincerely, ~~~~¢~ Deborah 3 nes Zoning and Planning~Coordinator • HOME OF THE MINNESOTA STATE FAIR AND THE U OF M ST. PAUL CAMPUS rxEecm~iaa (S~ PRINTED ON RECYCLED PAPER • CTTY OF FALCON HEIGHTS PUBLIC HEARING NOTICE Notice is hereby given that the Falcon Heights Planning Commission will meet in the City Hall Council Chambers, 2077 West Larpenteur Avenue, on Tuesday evening, May 27, 2003, 7:00 PM, to consider the designation of a residential permit parking azea on both sides of Gazden Avenue in Falcon Woods Subdivision. If approved,- on-street parking in the designated area would be by permit only. 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Condo. f1o.Y -- 1 3 w ~O 2 ~ ~~ bl .21 cc ^} `~ rl^aaplGvh Jfll~ ' _ _ ~-~-• ~ `;~ 1, 96 f,. r ~ ~ _ l 3 i 1 ~~ Cc.7: r 1„1 ~ , G- ~~ ct I t Ol • 3oc' °r ~ ;~`- ~ ~h N 1 y~ n ~" ~"~ ~ ~ n~ ~ i ~ .2Vac (Gk,' ~ _-'.:tom - O n5 n5 ~ l0`~ ~ >~ .J .p OJ :~ I, ~ N ~ I N m 56 ~ ~ IO : "j-9~,i 171 D. ~J Parking Policy February 19, 1991 • i• TABLE OF CONTENTS I. Parking Policies 1 A. General .... ..........;<.., _. ...................1 B. Specific ............................ ........1 . II. Procedures for Handling Parking Problems 1 A. Origination ...................................1 B. Identification ........... ...................2 C. Evaluation .................................2, 3 III. Parking Restrictions .. 3 A. Posted Parking Restrictions ..... .............3 B. Residential Permit Parking ...........4, 5, 6, 7 C. Exceptions ................................ 7, 8 D. Enforcement ...................................8 APPENDIX I~ r ~ ~J • I. PARKING POLICIES A. GENERAL The city's parking philosophy is to provide a safe, orderly, and; when possible, convenient parking environment for residents, trade and visitors within the city, while keeping-the streets primarily .for safe and efficient traffic flow. B. SPECIFIC 1. Maintain the streets primarily for safe and efficient traffic flow. • -- 2. Maintain the residential character of the cit~r's neighborhoods and the 'small-scale' or 'village' character of the overall city by attempting to alleviate parking conflicts between residential neighborhoods and non-residential uses when they appear; and by utilizing complementary new parking facilities when they are necessary. 3. Encourage property .owners. to accommodate .parking demands generated by the property particularly redevelopment and new development, by enforcing the parking requirements in the zoning code and working with property owners, residents and/or proprietors when parking problems develop. 4. Cover the cost of parking administration and enforcement by charging fees to the individuals for these services, whenever possible. 5. Adopt temporary parking restrictions when necessary to accommodate the Minnesota State Fair and other special circumstances. 6. Consider a variety of on-street and off-street parking solutions to parking problems including. posting restrictions, permit parking, shared parking, parking lots, parking ramps, and re-routing traffic. The simplest solution shall be selected. 7. Select the most efficient and least disruptive solution to a parking problem. II. PROCEDURES FOR HANDLING PARKING PROBLEMS A. ORIGINATION • Parking problems arise when parking demands conflict with fixed amounts of available on and off street parking to produce an unsafe and/or inconvenient parking situation. B. C IDENTIFICATION Parking. problems come to the attention of the city when: 1. A city official reports a safety problem and/or inconvenience problem. 2. A resident(s), proprietor(s) and/or a property owner(s) reports a safety and/or an inconvenience problem. EVALUATION 1. Problem: A possible immediate threat to public safety: a. The appropriate city staff shall immediately research. the reported parking situation. The city staff must visit the site and assess the parking conditions at various times of the day as well as collect other useful information including state and county rules governing the street(s) in question. The city planner shall _ prepare a written report on the nature and severity of the reported parking problem and alternative solutions for the city administrator as soon as possible but no more than five working days after the reported .problem. b. If the parking situation is determined to be a threat to public safety, the city administrator must take the necessary action to alleviate the dangerous situation. A report of the steps taken shall be made to the planning commission and the city council at their earliest meeting dates. Any revisions in the action taken may be made at this time. 2. Problem: A possible, but not immediate, threat to public safety and/or inconvenience to residents, businesses, and/or institutions: a. If notice of the parking problem arose from a city official, city staff shall research the reported parking problem. Staff shall visit the site, assess the parking conditions at various times of the day and collect other. useful information including state and county rules governing the streets in question. The staff shall also determine whether the problem area is limited to the area specified in the complaint or broader in scope. • - 2 - b. If notice of the parking problem arose from a resident(s), proprietor(s) and/or property owners} complaint, the city staff shall request a formal written request be submitted to the city defining the nature of the problem, the affected area and, whenever possible, the names of other affect.ed.,property owners in agreement with the problem. The city staff shall research the reported parking problem. Staff shall visit the site, assess the parking conditions at various times of the day and collect other useful information including state and county rules governing the streets in question. If appropriate, residents and/or property owners ~- in the affected area shall be contacted for. ' their opinion about the existence and/or extent of the parking problem. The staff shall also determine whether the problem area is limited to the area specified in the complaint or is broader in scope. c. If staff research suggests that the city needs to take action to alleviate the parking situation, the city planner shall make a report with the proposed alternatives to the planning commission for its review and recommendation. The planning commission recommendation and staff report will go to the city council for final action. d. If staff research suggests that the city does not need to take action to alleviate the parking situation, the city planner shall report the state of the request at the next planning commission and city council meetings. The initiator of the parking request will be notified of the report. III. PARKING RESTRICTIONS A. POSTED PARKING RESTRICTIONS 1. Posting parking restrictions on streets may be used to control on-street parking problems in specific areas for various lengths of time. When such a solution is proposed, the affect on nearby streets must be taken into account. 2. Restrictions shall contain as few conditions as possible so they are easily understood and enforced. • - 3 - 3. Restrictions adopted to alleviate a specific parking problem shall be as consistent as possible in a neighborhood and throughout the city. For example, "two hour parking 8:00 A.M. to 4:00 P.M. Monday through Friday" should be used throughout the city rather than some"one hour parking 8:00 A.M. to 4:00 p.m. Monday through Friday". 4. On-street posted signs shall include: a) "No Parking Anytime" "No Parking Anytime" is to be used when parking at anytime of day or night is a safety threat to -- the public or a chronic inconvenience to residents and/or property owners. b) Parking for a specified period of time Signs restricting parking for a specified period of time shall be used to control traffic turnover for commercial areas and prevent the inconven- ience to residents of long-term parking in residential neighborhoods near businesses and institutions. These shall include "15 Minute Parking", "Two Hour Parking from 8:00 A.M. to • 4:00 P.M. Monday through Friday". c) "No Parking" for a specified distance Signs restricting parking for a specified distance are useful to eliminate safety hazards near alleys, driveways and stop signs. Examples include: "No parking between signs", "No_parking here to corner". B. RESIDENTIAL PARKING PERMITS 1. Purpose/Policy a. Residential permit parking shall be pursued as a solution to a parking problem only when all other solutions have been determined inadequate. b. Residential districts congested because of heavy residential and non-residential traffic and parking are eligible to request residential permit parking. It is the purpose of this policy to reduce the flow of commuter traffic from year-round non-residential traffic from - 4 - • • parking in an adjoining residential neighborhood; to reduce air pollution and other environmental effects of automobile commuting; to enhance ,the quality of life in the residential areas by reducing noise., traffic hazards and litter; to protect the resident s. from unreasonable burdens in gaining access to their residences; to preserve the character of the residential district; to promote. efficiency in maintaining the streets in a clean and safe condition'; to preserve the safety of children and other pedestrians; and to promote traffic safety; and to promote the peace, good order, comfort, convenience and welfare of the inhabitants of the city. c. No residential parking permits shall guarantee any permit holder of a designated parking space, but shall provide general parking subject to availability in designated areas during the posted, specified times. 2. Procedures for Designating Residential Permit Parking Areas • a. Submitting a request 1) Petition The designation of a residential permit parking area shall be initiated by a petition filed with the city staff stating that residents of a particular residential area are encountering serious problems because of excessive parking by persons who are associated with nearby nonresidential uses. A filing fee shall accompany every petition. The fee is identified in Chapter 5 of the city code. 2) Signatures The petition must be signed by 75% of the owners of all residential _structuresin_the area. One resident per structure may sign. No signature shall be valid where multiple residents in a household express disagree- ment on whether the area should have residential permit parking. • Any signer may withdraw his/her name by • filing a written request. If for any reason the number of signers falls below 75 o prior to the public hearing, the petition shall. be deemed defective and shall not be considered. The person and/or group responsible for submitting the petition will be notified of this finding prior to to the public hearing. b 3) Minimum Size The request for residential permit parking must be a minimum of 600 linear feet or one block front. Request .Review Process 1) Staff Review After receiving the petition, the city staff shall assess the nature of the problems, if any, caused by nonresidential parking in a residential area. The city planner shall submit a report to-the Planning Commission. The report must • include the following information a. The need assessment for residential permit parking b. The specific. area petitioned for residential permit parking c. The guidelines for who and how one may obtain a residential parking permit d. The potential implications of such a parking arrangement in the area e. If the permit parking area is recommended, the report must also include: (1) A recommended review period to evaluate the residential permit parking district (2) The specific area recommended for residential permit .parking - 6 - . • 2) Policy Review The city planner shall submit the report with its recommendation to the planning commission. A public hearing shall be held on the request. The planning commission shall submit a recommen- dation to the city council. The city council shall make the final decision. If the city council designates a residential permit parking district, the resolution shall state the need for the district, the location, hours (if applicable), streets to be posted permit parking and the procedure for issuing permits to eligible residents. 3) Permit Eligibility and Fees a. Resident Permits Residents living on streets designated in the residential permit parking district may apply for a non-transferable residential parking permit .for each car owned or leased, currently licensed and in operating condition at the address. Anon-refundable annual residential • permit fee will be charged. The fee shall be identified in Chapter 5 of the city code. A false application shall be grounds for denial of the residential permit. b. Lost Permits A duplicate permit may be obtained for a fee, if the application submits a notarized, written statement to the city that the original permit was lost. The fee shall be identified in Chapter 5 of the city code. c. Placement of Permit Annual residential parking permit stickers shall be permanently affixed to the inside of the vehicle in the lower rear corner of the left side window closest to the rear of the vehicle. 4. Review of an established district. a. If antecedent conditions change and there is a lack of permit demand, the district may be reviewed and repealed. • - 7 - C. EXCEPTIONS 1. Emergency Vehicles • Emergency vehicles are exempt from posted parking restrictions when responding to an emergency. 2. Snow Emergencies After a two inch snowfall, no on street parking is allowed until the street is plowed to its .full width. 3. State Fair Parking a. Temporary "No Parking" signs shall be posted on streets so designated by the city council during the Minnesota State Fair. b. Temporary parking permits shall be issued to residents and/or property owners of designated apartment buildings along streets designated "No Parking" by the city council during the Minnesota State Fair. 4. Temporary Parking Permits a. Temporary permits shall be issued for the following reasons: • (1) For construction and service vehicles necessary for performing work on a property (2) For special event parking or visitor parking in a restricted parking district (3) For visitor parking in a residential permit parking district b. A temporary parking permit(s) shall be issued for a minimum of one day and a maximum of two weeks. The applicant shall identify the purpose for the permit(s) and the length of time required for the temporary parking permit (s) . c. A temporary parking permit shall be placed in the left lower rear corner of the left side window closest to the rear of the vehicle or in some other conspicuous spot inside the left rear of the vehicle where it is visible to law enforcement personnel. a • d. A temporary parking arrangement using a bag over a sign to cover up the parking restrictions shall be issued for one to three days. The applicant shall identify the purpose for the bag(s) and the length of time required for this temporary parking arrangement. The bag(s) shall be returned by the person using it. D. FEES Parking permit fees are as established in Section 5-4.01(d) of the city code. E. ENFORCEMENT Violation of the city's parking restrictions are deemed a misdemeanor. • - 9 - University Grove Residents Only • State. Fair Only - For Designated Apartment. Dwellers __. __ CITY OF FALCON HEIGHTS i - - STATE FAIR 1992 RESIDENTIAL PERMIT PARKING CITY OF FALCON HEIGHTS STATE FAIR 1992 RESIDENTIAL PEI~:MIT PARKING CITY OF FALCON HEIGHTS STATE FAIR 1992 RESIDENTIAL PEI~,MIT ~ PARKING University Grove .Temporary Permits •i R_ESfDENTiAL ARK{t~ h • CITY O~ FALCON AEI ~T s Visitor Permit Item 2 5/27/03 • ITEM: Two variance requests for the proposed Dino's Greek Restaurant at 1700 Snelling Avenue. SUBMITTED BY: Deborah Jones, Zoning and Planning Coordinator REVIEWED BY: Heather Worthington, City Administrator Roger Knutson, City Attorney EXPLANATION: Summary: The owners of Dino's Restaurant, presently located at 1670 Snelling Avenue, have proposed a new restaurant at the southeast corner of Crawford and Snelling Avenues, the site currently occupied by DJ's Embers Restaurant, 1700 Snelling Avenue. Two variances have been applied for: 1. A variance of 10.9 feet in the front setback 2. A variance to allow approximately 8.6% landscaping where the City code requires 25%. The site comprises lots 3, 4 and 5 of Keller's Rearrangement of Block 10 of Falcon Heights Addition. At present, Embers occupies Lots 4 and 5, the southern two thirds of the site. Lot 3, adjacent to Crawford Avenue, belongs to Falcon Crossing LLC. A shared parking agreement is in existence • between Falcon Crossing and Embers which is necessary in order for Falcon Crossing to meet the conditions on variances granted when the center was constructed. The present project proposes to trade Lot 3 for Lot 5, so that Dino's will own the northern two lots, and Falcon Crossing will own Lot 5, which is adjacent to the alley. The new restaurant would be built on Lots 3 and 4; a new shared parking agreement would be in effect for Lot 5. In addition, the easement containing the existing east Snelling service drive south of Crawford has been acquired by the City, and the whole site at the southeast corner of Crawford and Snelling would be redeveloped at one time. This site has been zoned B-3 since the City was last rezoned; for many years before that it was a commercial location, serving as a site for a restaurant and later for the municipal liquor store. Both restaurant and drive-through uses are permitted in this zone, being included in the definition of "Eating Place." Because of the relatively small size of this site and its proximity to the intersection of a state highway and a major county road (the third busiest intersection in Minnesota), there are difficult access and placement issues. The site plan under consideration has been modified from the original preliminary site plan in response to input from City Staff, from planning consultant Dan Cornejo, and from residents attending a neighborhood meeting on May 13. As a result of those modifications, the number of variances has been reduced from four to two, and the project has been brought closer to compliance on the remaining two issues. Staff would like to note that, while the existence of the drive-through portion of the proposed restaurant has aroused controversy in the community, the present variance requests are not related to • the drive-through, which is a permitted use and which, as proposed, complies with the City zoning code. These variances address placement and size of the building and the amount of landscaping versus impervious service. The following staff findings apply to the variance issues only. Staff Report: Dino's Restaurant May 23, 2003 Page 1 of 4 Anal,~sis: • a. That the granting of the variance(s) will not be detrimental to the public welfare. 1. Front setback: Staff finds that the granting of this variance will not be detrimental to the public welfare. 2. Lot coverage: Staff finds that the granting of this variance will not be detrimental to the public welfare. b. That the granting of the variance(s) will not substantially diminish or impair property values or improvements in the area. 1. Front setback: Staff finds that the granting of this variance will not substantially diminish or impair property values. 2. Lot coverage: Staff finds that the granting of this variance will not substantially diminish or impair property values. The proposed site plan represents an improvement over existing. c. That the granting of the variance(s) is necessary for the preservation and enjoyment of substantial property rights. Staff finds that the granting of these variances is necessary for the preservation and enjoyment of substantial property rights. Given that the restaurant and drive-through are permitted uses of this property, given the parking requirements for this type of business, and given the constraints placed on access and parking by the size of the property and the proximity of the Snelling/ • Larpenteur intersection, the letter of the code represents a substantial impediment to the establishment of this permitted business without some degree of variance. d. That the variances(s) will not impair an adequate supply of light and air to adjacent property. 1. Front setback: Staff finds that the variance will not impair an adequate supply of light and air to the adjacent properties at 1546 Crawford Avenue and at Falcon Crossing. 2. Lot coverage: Staff finds that the variance will not impair an adequate supply of light and air to the adjacent properties at 1546 Crawford Avenue and at Falcon Crossing. e. That the variance(s) will not impair the orderly use of the public streets; 1. Front setback: Staff finds that the variance will not impair the orderly use of the public streets. 2. Lot coverage: Staff finds that the variance will not impair the orderly use of the public streets. f. That the variance(s) will not increase the danger of fire or endanger the public safety; 1. Front setback: Staff finds that the variance will not increase the danger of fire or endanger the public safety. 2. Lot coverage: Staff finds that the variance will not increase the danger of fire or endanger the public safety. g. Whether the shape, topographical condition or other similar characteristic of the tract is such as to distinguish it substantially from all of the other properties in the zoning district of Staff Report: Dino's Restaurant May 23, 2003 Page 2 of 4 which it is a part, or whether a particular hardship, as distinguished from mere inconvenience to the owner, would result if the strict letter of the Chapter were carried out. Although this site shares vehicle access problems and other characteristics with other properties in the B-3 district, it is distinguished substantially by the existence of the pre-existing shared parking arrangement with the Falcon Crossing shopping center. Variances granted when the shopping center was built are conditional on one of the three lots remaining in possession of the center and the continuation of a shared parking agreement between the shopping center and the owner of the remaining two lots (i.e. the restaurant). It would be difficult, if not impossible, for a viable restaurant to provide for its own parking needs on Lots 3 and 4 alone if the strict letter of the Chapter regarding lot coverage and all setbacks were to be carried out. h. Whether the variance is sought principally to increase financial gain to the owner of the property, and to determine whether a substantial hardship to the owner would result from a denial of the variance. Staff finds these variances are not sought principally to increase financial gain to the owner of the property. Staff finds that substantial hardship would be imposed by denial of the variance on lot coverage, in that the size of the lot would preclude the owner being unable to satisfy parking requirements if the 25% landscaping requirement were enforced. The same disadvantage would result from the denial of the variance on front setback. It should be noted the existing restaurant is at least as much out of compliance as the proposed restaurant would be, and, in the matter of lot coverage at least, the new restaurant represents some improvement. i. Whether the conditions which give rise to the application for the variance arose after the . adoption of this Chapter of the Code of the City of Falcon Heights or any amendment thereto which placed the tract in a zoning district different from what it was under the Chapter. In the consideration of this item, the City shall make diligent inquiry as to all changes in the property and shall refuse to grant the variance if the problem is one that can be solved through a proper application of a conditional use permit or an amendment of the Zoning code. Financial hardship shall not be a basis for the granting of a variance when the owner purchased the property in reliance on a promise that a variance would be granted, and the City shall dismiss the appeal if it shall appear that the property was purchased on such reliance. Not applicable. Comments From Residents: Although the City has received a number of comments from residents, only one addressed the specific variances under consideration here. That resident characterized them as minor. Resident comments on other issues are attached to a separate set of information documents concerned with traffic and other issues not related to these variances. • Staff Report: Dino's Restaurant May 23, 2003 Page 3 of 4 Staff Recommendation: Staff recommends approval of both variances for the following reasons: 1. This property is exceptional in that it shares a parking pact with a nearby property, whose variances depend upon that agreement. No redevelopment of the site can proceed without the cooperation of both owners on parking, vehicle access, landscaping and other issues. That cooperation has been achieved in this plan. 2. It would be difficult or impossible for any restaurant to satisfy all zoning requirements on the two lots that do not belong to Falcon Crossing. A balance between landscaping and required parking makes some kind of variance inevitable on this property for this permitted use. 3. If the restaurant met the lot coverage and all setback requirements, they would not be able to meet the parking requirements, which would have a much greater impact on the neighborhood. 4. Staff and City consultants have worked with the applicants to modify a plan that originally required up to four variances. This plan represents a substantial effort to come as close as possible to the letter of the code while still meeting the needs of a permitted business. 5. The plan as submitted is no less in compliance with the City code than the existing conditions on the property, and in fact represents some improvement. In particular, the proposed plan includes substantial improvement in handicapped parking and safe access to the building from that parking. ' Attachments• • Site Plan with demolition 1 ( pan, landscape plan, drainage plan) Concept Drawing Variance Application Consultant report on the original (unmodified) preliminary site plan. Memo from City Building Official Steve Westerhaus regarding parking and access Letter to property owners within 350 feet (delivered on or about May 17, 2003) and to residents in the northeast quadrant of the city, including a copy of the legal notice and the original preliminary site plan. Copy of definition of "Eating Place" from the U.S. Standard Industrial Classification Manual Action Requested: Recommend approval of Resolution 03-_ to the City Council, approving the following requested variances for a new Dino's Restaurant at 1700 Snelling Avenue: 1. A variance of 10.9 feet in front setback 2. A variance to allow 91.4% impervious coverage where the requirement is 75%. • Staff Report: Dino's Restaurant May 23, 2003 Page 4 of 4 m -----------r--------------------------- ~ =~.s~~µ; a ~zs awz,. s, O r -~ ~s; A E i ~s~~ I 2 ! €~~$ ~ 3NELLING AVENUES i ~~~~ .' ein~Mwws om~ I n ___ _r___ ~ I_ ~ i#I1. 1~~3 8F .i~Q Ou ~ ~ I . , :,~ ~ r E~x~ I ~ F~, `s l 'n I ~ K~ E /~ _ _T~ -_ C , ~ - I p., _, ~. ~~ I _______________,___,__________ •~ L__~~~C ______________'______ I ,. ;. 1; I _: ~ ~ , ~ Y _ • ~ tr' , ~ I ® m ~, v- I ------------------ ------=,-~---------' ----------- ,.~ I I o II i - , ~~ ,~ .~; , - - N ~ ~ ;~~~ ~~ ~ ® a >- ~~,~ ~~ ~ N --------------------..~ ,_ , .: o~ m o9 _ I I 1...._ _-- - --- --- --- -- -- - a I r ' s~~~g2 ,`:}` ~ '. s I Noon . a, `_ a I~, O t^t ~ ( 1'56 E_ ' Q~.PI~~ .... ..... _ ' I ~ 1 ~y~~ m ,._f_ _..__._.____.____.___.._..______________________________.____I ______ _ I ~Y 9~c~~~~ I ~;g8~a ~tt ~$oe I ', ` ' -._~ ~',~ , ,. i g~Fg ,, :,~ . -~ y ; n ~ l ~c ~ ' iss.os 0 f OO a m Da ^00~4 I I N ~~~ ~ Eat=~~`J #~ ~ ~g ~~ ^ ~5~~`3~ ~ ~ ~ ~ ~ ~ n ~ ~ ~ ~ ~ ~ ~ ~ °~ ~ F °~ ~ ~ I:~ ~~~~~ ~F g t;~a~ ~~ ~ ~~ ~~p ar z ~ e ~ ~ ~ ~ ~~ ~~ m a~~~ ~g S ~~~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~R ~~ o ~~~~ AQ N ~~0 ly' ~ a ^~~O~B$ S n ~ ~ ~ ~ ~ ~ ~ M ~ } S Fi R ~i ~~~ ~~~ ~~'~ ~ ~ ~~< d ~ ~~ o ?: CI DINO'S GYRO'S m ~ ~ n ~ n•..a •«dn ins ax w.. ro••m.sa~ a ..n.~ .o a.,..a ., ~ . ~., m, .~. ~~ ~@ - m a SNELUNG AVENUE AND LARPENTEUN AVENUE °i~''IS0" ^^a M I~ d~M ~MS•,.+ • 2 r v 2 ~ ~ FALCON HEIGHTS, MINNESOTA - ^" ~°^ •~ ^~ }~~ • ~ r ' i wNNnm• 7E EE : 2 a w •~a~+W ~ :.ll ~ : ~ DEMOLITION PLAN a~. nwnvswn x~e. ° cZi ~_ '-~ m r n Z ------------T----------------------------- ,___ ~ESi Luf Oi TI4 Sv/ ISs Q~~~ ~~~ ~~a~ SNELLINQ AVENUE '~ ~ "~~I III 1~~1 ~ I I I ~ 4 xa ~~~ ~~ O s _ ~ ~ i ~m ,I i I I - I -I , ~' I I I . ~ ~ r; I,I pl m Qr III I ~ I I II -I~ ~I ~: .. ~ ~~ ~ 1 ~~ ~ ~ II -~ III o. ~' °- I y O ~ 5 ' R. 1 r F Y I _{ ,...:,;~ ~ ~ _ I I I 3m I ` .01 .Ol ~^" I ~ 1 I 1 .. __, ~ N I ___________ , ,e III „A I { r" ;~ ~I III Po tip; I ~~ ' I I ~ ~ c .... n _T II '~ ~~, i ~ ~ Y " ~ I '~"t' "II H' _________ ___ ~ ____ ________ I ~r-_____ -_-__ ~ _ ~ ~~ ~ ~ I I ~ "+ ~ ~ ~ / I I I _ II _ '- /mom ~ , ~ ~~. l.~ a ~. 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'°a^'°~°^ ^^a ~ ~ .~ s ewr ~ayins..e y ~ Z E~' aa~ ' ~~s bn ar m. ~~a~ s p r' 8 ~ sb~W. ~t S ,9~ LANDSCAPE PLAN ow. .per ~meT - _ _ . r _ _ _ _ _ _ _ _ _ _ _ I _ _ _ _ _ _ _ _ _ __x=~~~E,...9. a~~z~ C7 • n LJ TRANSMITTAL: ^ Fax ^ Overnight Delivery ^ US Mail ~~ ^ Certified Mail -r---~....~.... / Messenger L2_hr) ^ Hand Deliver TO: Deb Jones 2077 W. Larpenteur Avenue Falcon Heights, MN 55113 (651) 644-5050 / (651) 644-8675 fax FROM: Melodie Bridgeman DATE: .May 22, 2003 RE; Falcon Heights Town Square WE ARE SENDING YOU: U~TTT'y DATED DESCRIPTION 2 pages Planning Application 1 envelope Check for Variances ~IAY ~ 21003 REMARKS: Per your a-mail, attached are the items you requested. I have faxed the application to the property owners for signature and expect signed faxes by (hopefully) Friday. I will then fax them directly over to you. Call or a-mail with any questions or concerns about this. As always, thank you for your assistance with this project. 233 PurkAvenue South, Suite 20I Minneapolis, MN SS41.S (6l2) 332-3000 (612) 332-81.19 fax ~~~~~~ FALCON HEIGHTS ~TE - ~ No. 02~ 830 PAYEE AMOUNT ~ ~ ~'C% DOLLARS • City of Falcon Heights • Planning Application Action Requested By: Name of Property Owner See Attachment "A" Phone (h) (w) Address of Property Owner Name of Applicant (if different) SHERMAN ASSOCIATES, INC. Address 233 Park Aver•~e o ~ h /b n1~~~_,~4~,Phone ~12_gq _~onn Property Involved: Address 1700 Snelling Avenue Legal Description Lots 3, 4 and 5, keller rearrangement of Block l0 df Falcon Heights Addition. inking the west half ~f ~aratP~ alla~r ar13n_ "Wino aald lotG Property Identification Number (PIN) 15-29-23-33-0105 and 15-29-23-33-0106 Present Use of Property (check one): ^ Single Family Dwelling • ^ Duplex/Two Family Dwelling ^ Multi Family Complex Action Requested (NON-REFUNDABLE): ($100.00) x 2 = $200.00 ~x Variance ($65.00) ^ Conditional Use Permit ($165.00) ^ Rezoning ($500.00) ~~Business/Commercial ^ Government/Institutional ^ Vacant Land ^ Lot Split ($250.00) ^ Site Plan Review ($100.00) ^ Other (Please Specify) Brief Summary of Request (applicant may submit letter to Planning Commission with details of request): Relocation of Dino's Gyros to Embers site. Demolition of Embers and construction of anew Dino's restaurant requiring two variances: 1) landscaping and 2) front setback. I certify that a1/ stafements on this application are true and correct: Signature of Property Owner (required) Signature of Applicant (if applicable) Lot 3_ Signature of Property Owner Lots 4 & 5 • Attachment A PROPERTY OWNERSHIP Lot 3 Falcon Crossing, LLC C/o Wellington Management, Inc. 1625 Energy Park Drive, Suite 100 Saint Paul, MN 55108 (651) 292-9844 (651) 292-0072 fax Lots 4 & 5 Horizon Property Holdings, Incorporated C/o Stephen McCarty, President 1817 Koff Newport, MN 55055 (651) 458-5597 (651) 458-5598 fax C • ~ MEMORANDUM Butler Square Building, Suite 710C, 100 North 6th Street, Minneapolis, MN 55403-1505 612.758.6700 612.758.6701 FAX TO: Ms. Heather Worthington, Falcon Heights City Administrator FROM: Dan Cornejo, SEH Director of Community Planning Services DATE: May 8, 2003 RE: Site Plan Review of Dino's Gyros Restaurant Proposal (Snelling Avenue at Crawford Street) PURPOSE The purpose of this report is to review the May 2, 2003 Site Plan submittal by the Cuningham Group Architecture, P.A. and Alliant Engineering on behalf of Dino's Gyros Restaurant for a new restaurant, with adrive-through window, and accessory off-street surface parking on a site located at the SE corner of Snelling Avenue and Crawford Street. The site is currently developed with an Embers Restaurant and surface parking. Deborah Jones, Zoning and Planning Coordinator for Falcon Heights, contributed to this report. • My review will focus primarily on the four areas of Falcon Heights City Code, Chapter 9 - Planning and Development that apply to this site plan submittal: ^ PART 2: GENERAL PROVISIONS ^ PART 10: B-3 SNELLING/LARPENTEUR CO1~~Ilv1UNITY BUSINESS DISTRICT ^ PART 13: SPECIAL PROVISIONS ^ PART 14: DESIGN AND PERFORMANCE STANDARDS PART 2: GENERAL PROVISIONS 9-2.05 Required Yards and Open Spaces Subdivision 2 (d) requires that "In no event shall off street parking, structures of any type, buildings, or other improvements cover more than seventy-five percent (75%) of the lot areas. In no event shall the landscaped portion of the lot be less than twenty five percent (25%) of the entire lot as a result of permitted encroachments." This site plan appears to indicate that. nearly one hundred percent (100%) of the site is covered with an impervious surface, with almost no landscaping. Given that this is such a small site, strict application of this requirement may be unreasonable. However, I believe that the site plan should be revised to provide some landscaping, albeit at the expense of some of the parking spaces. A variance may be appropriate in this circumstance. • Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer Site Plan Review of Dino's Gyros Restaurant Proposal (Snelling Avenue at Crawford Street) May 8, 2003 Page 2 PART 10: B-3 SNELLING AND LARPENTEUR COMMUI\TITY BUSINESS DISTRICT 9-10.01 B-3 Snelling and Larpenteur Community Business District Subdivision 6 dealing with Building Height and Yard Reuirements requires a front yard of 30 ft., a side yard of 20 ft., and a rear yard of 20 ft., as well as restating the maximum site coverage limit of seventy-five percent (75%). This site plan indicates only a 15.1 ft. front yard, which is not in compliance with code. The side yards and rear yard appear to be in compliance. See above for discussion of the maximum site coverage issue. PART 13: SPECIAL PROVISIONS 9-13.02 Permitted Signs in Each Zoning District Subdivision 3. Business districts ("B-1 and B-3"). This matter will be dealt with as part of the building permit review. 9-13.04 Off-street Parking and Loading Subdivision 5 (c) dealing with size of marking spaces requires that spaces be a minimum of nine (9) feet in width and twenty (20) feet in length. Spaces for the handicapped must be at least • twelve (12) feet in width and twenty (20) feet in length. The parking space dimensions appear to be in compliance. Subdivision 5 (d) dealing with joint parking facilities stipulates that off-street parking facilities for a combination of mixed buildings, structures, or uses may be provided collectively in any "district," ... provided that the total number of spaces provided shall equal the sum of the separate requirements of each use during any peak hour parking period and a copy of the private joint parking agreement is approved by the zoning administrator ... . In order for compliance to be achieved on the overall parking requirement, the legal agreement currently in place, between Wellington and the Embers Restaurant currently on the site, must be amended to reflect Dino's Restaurant ownership and responsibilities pertaining to the shared parking arrangement. See also Subddivision 6 (r) below dealing with required number of parking spaces. Subdivision 5 (h) dealing with driveway widths stipulates that driveways for parcels exceeding a lot width of 100' must be no wider than 24 feet. This site plan provides two driveways, each with a width of 24 feet, in compliance with the Code. Site Plan Review of Dino's Gyros Restaurant Proposal (Snelling Avenue at Crawford Street) May 8, 2003 Page 3 • Subdivision 6 dealing with the design and maintenance of off-street parkin areas has many specific provisions, most of which appear to have been complied with. However, the following provisions appear to be not in compliance. Subd. 6 (h) dealing with parking spaces for six or more cars that is located adjacent to a residential district requires that a fence or screen not less than four (4) feet in height be erected along the residential property line. The site plan indicates that there is an existing six (6) foot high wooden fence along the rear property line. However, this fence is in disrepair. It should be either repaired or replaced. In a meeting with the developer, he indicated that he planned to replace this fence. This should be so indicated on the site plan. Subd. 6 (1) dealing with separation of parking from buildings requires that no parking space shall be closer than ten (10) feet to any building. The site plan indicates a separation of only 6.75 feet between the south wall of the building and the row of parking spaces to the south of the building, with less at the accessible pedestrian entrance, not in compliance with code. Subd. 6 (r) dealing with reauired off-street ~g_sspaces, when referencing Drive-In Food or • Fast Food Establishments requires one (1) space for each 150 feet of gross floor space, plus additional space as may be determined by the zoning administrator ....Also, drive-through lanes for food pick-up must be able to stack eight (8) cars on site without interfering with the (required) site parking. This site plan, and other building drawings submitted for building permit purposes, indicates that the restaurant building contains 3, 000 sq. ft., producing a required parking base figure of twenty (20) spaces. The site plan indicates eighteen (18) parking spaces on the land owned by Dino's, another thirteen (13) spaces as part of a shared parking arrangement with Wellington, and another seventeen (17) spaces on the Wellington site (Parcel B) that are exclusive for Wellington use, but could be shared informally. My assessment of this proposed development, with its 119 seats within the restaurant building, some space for outdoor dining, and the drive-through operation, lead me to conclude that the required parking for this development should be the eighteen (18) spaces on land owned by Dino's, as well as all of the thirteen (13) spaces shared with Wellington, for a total parking requirement of thirty-one (31) spaces. In addition, Dino 's and the City of Falcon Heights should collaborate to obtain use of Parcels C and D (currently owned by the State Dept. of Transportation as frontage road) indicated on the site plan for additional parking for this development, if possible. It appears that the City of Falcon Heights has an easement on these parcels, but that uses are restricted to "highway purposes. " • This site plan provides the required eight (8) stacking spaces for the drive-through window. Site Plan Review of Dino's Gyros Restaurant Proposal (Snelling Avenue at Crawford Street) May 8, 2003 Page 4 • PART 14: DESIGN AND PERFORMANCE STANDARDS 9-14.01 Performance Standards Subdivision 5 dealing with screening requires screening along a property line shared with residentially-zoned property. This matter is dealt with above, under 9-13.04, Subd. 6 (h); see above. Subdivision 6 dealing with landscaping_requires that landscaping be provided in all required front and side yards. This site plan indicates no landscaping at all, and should be revised to provide some of this requirement. However, a variance may be warranted to reduce this requirement to acknowledge and provide for the joint/shared parking arrangement on the south property line. Subdivision 8 dealing with lighting, lighting fixtures and glare will be reviewed as part of the building permit application. Subdivision 9 dealing with traffic control requires that the minimum distance for access drives from a corner shall be no closer than twenty (20) feet from intersecting street right of way lines. • The northernmost driveway on this site plan is only five (5) feet from the corner, not in compliance with the Code. RECOMI~~NDATION This site plan represents a good effort to accommodate a new restaurant and parking on a small site with difficult access issues. However, revisions should be considered with a view to creating a development that has a better balance between size of building, number of seats, the drive-through operation, parking, and landscaping. It appears that a better resolution of these key components of a revised plan of development would, nevertheless, require a number of variances to achieve the most workable site plan. do • MEMORANDUM TO: Falcon Heights Administration FROM: Stephen Westerhaus, Building Official DATE: May 15, 2003 RE: Dino's Gyro's Parking Parking Analysis Proposed: Dino's- 28 spaces Wellington- 26 spaces Shared 13 spaces Total 67 spaces Accessible Sites: New Construction Total Parking Required Minimum Number on Site of Accessible Spaces 51 to 75 3 • Summary: 1. With the total number of parking spaces provided on site being 67, the minimum number of accessible spaces is 3 with one of those being a "van accessible" space. The site plan provided shows compliance with the Minnesota Accessibility Code. 2. There must be an accessible route provided from the self-parking access aisles to the entrance of the building. The accessible route must have a minimum clear width of 48 inches. The site plan indicates an accessible route width of 6.75 feet, which should be wide enough if kept clear of front or rear ends of vehicles extending over the curb. Curb stops could be installed if necessary. • i• I ~~ ~ '~,' ` ~~~I }+ _ B~III I\ ' ~ ~~ ~ "~• r-> ~ ` ,,1 _~ u <. i ~. _ ... ,~ i; i.:. . +~ ,i:s~ ~~~ r d,~i .-!a,i ~ 3 ,yr ES, k ° ~ ` f 1y }~ ~~f 'r? T= ~uF ~° ~ ~. .;_ ,~, p ,'> i~ lei. F ~'~~ t ;. r t "` ,is r }~ i ~ ~ iH °° W "~ ~~ ~ ~ ~ , )~.3. - ~ ~ ~ , ~ . Jr ~ t ~ i ~ ~ ~~,y ~ 4 y¢ . 4 Y ~ ~ ~ ~+;A ~ ;~ ' ` s ~~ s F 4 ~ ~ ~ ~ .~(~ E ' i iF y t~ >~~ ~ ~ ~ ~ ~ ,_ z_. Y ~~~ ~f i ~~, 3+ ' q f „f~, ' Y 5- ; t. ~ ' r j'ky ~i ? ~' ' ~ l = F ~ {, x t n ~ ~ ~! i ~~ ~ ~ ~ ~~ ir. . t i~ ~ f rye, ~~ ~`' p i Y ti-' ~ ~ t :_ . (I~ d ~ i"~7~ ,~ ~ fti i~"~~.~ i r l Y ~ ~ ~ ~ ~ +t i4'#T~ ~ f '~ r ~ ~ r ~'~ r/ ~ ~ ~ l,' " i ~;! f y` ,. `~ 1 . ] y ~~~~ ~~ ( ~ r ~~ ~ 5 ' ~ ~ ~ ~~ { r? ''a ; . ~. ,. ,{ c b ~~ 1 - ~. ~ ~ ~~ 4 ~ •`f; ~ k : @ r Sk~~1 4 tt (i , CITY OF FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (651) 644-5050 FAX (651)644-8675 May 15, 2002 Dear Property Owner: The owners of Dino's Greek Restaurant, have submitted a preliminary site plan for a new restaurant at the southeast corner of Snelling and Crawford Avenues. The project will require variances in front setback, lot coverage, driveway placement and the separation between parking and building. As the designers are still working on alterations to the site plan, the exact amount of variance is unknown at this time. A copy of the preliminary site plan is enclosed. A hearing has been scheduled before the Planning Commission to allow members of the • public to comment on the proposed variances. You are cordially invited to attend this hearing. T'uesday,lVlay 27, 2003 7:00 p.m. City Hall Council Chambers Please call me at 651/644-5050 if you require further information. You may also send written comments to me, by email to djones@ci.falcon-heights.mn.us or by U.S. Mail to the address below. Sincerely, C/~~'j'I,P,d ~~~ Deborah Jones Zoning and Planning Coordinator cc: Planning Commissioners Heather Worthington, City Administrator HOME OF THE MINNESOTA STATE FAIR AND THE U OF M ST. PAUL CAMPUS ~~ PRINTED ON RECYCLED PAPER TREE CITI' USA • CITY OF FALCON HEIGHTS PUBLIC HEARING NOTICE Notice is hereby given that the Falcon Heights Planning Commission will meet in the City Hall Council Chambers, 2077 West Larpenteur Avenue, on Tuesday evening, May 27, 2003, 7:00 PM, to consider variances for setbacks, lot coverage and driveway location for properly at the following address: 1700 North Snelling Avenue, legally described as: Lot 3 and Lot 4, Keller's Rearrangement of Block 10 of Falcon Heights Addition, including the west • 1/2 of the vacated alley adjacent to said lots. Such persons as desire to be heard with reference to the proposed variances will be heard at this meeting. Heather Worthington City Administrator • 106042 W .. .. <.','.~, J .. .. .................... N wa ti ..............~~......:................... ._......,..__....:.~......................... . <•~ it ~I~ ,, • ti ICI ~~~ . j~ .............. _ .. _ __.... " ....~I I • ~II~ ~ r ItI i~ ~ r 1 t ' •4 ~ 4 I'I . ~ ~ "' ; W ~•~ '~ W g ~ 1! g 1 • ~ r .III ~ ~11 4 r Q 1` • O II r ~ ii 'I ~- i~ U 11 i '~~~, ,, 1 _ i _ ... ~ • 1 0 ~ l~, r 1 .I~ _ O. d w ~ I I a ~ ~~. ~n~~nd ~~~~~~Ns Z • L'. ~ .. 1 Z ~ ... 1 1 {•. : i :.............. ........... i1 i• }•M? ~•` i , 1 ~' _; Iz # o i ~ .~ 1 :ti i ~ o .. 1 w `r: 1~ o 1 a 1 ~. ~ . 1~ ~.. ~ ~';: • 328 Major Group 58.-EATING AND DRINKING PLACES `:a I ~ i ,. r fJ i ~i i ~ j ~~ ~, t~ 1 '!, ~. '~a ~~il ~,,~' 1 I.~i~l I~ .~ lj~j ~ ' I~ 1 ', i i ; ~' { ~; ~,, I ~ I I, ~; .~ The Major Group as a Whole This major group includes retail establishments selling prepared foods and drinks for consumption on the premises; and also lunch counters and refreshment stands selling pre. pared foods and drinks for immediate consumption. Restaurants, lunch counters, and drink- ing places operated as a subordinate service facility by other establishments are not included in this industry, unless they are operated as leased departments by outside operators. Thus, restaurants and lunch counters operated by hotels are classified is Services, Major Group 70; those operated by department stores in Major Group 53. Bars and restaurants owned by and operated for members of civic, social, and fraternal associations only are classified in Indus- try 8641. Mobile food and dairy wagons are .classified in Industry 5963. Industry Gmup Industry No. No. 581 EATING AND DRINgING PLACES 5812 Eating Places Establishments primarily engaged in the retail sale of prepared food and drinks for on-premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry. Automata (eating places) Beeneries Hamburger stands Boa lunch stands Hot dog (frankfirrtar) stands. Buffets (eating Places) ~ ~~ ~~ Industrial feeding ~~ Caf t Lunch bats a erras Carry-out reatautsats Lunch counters Luncheonettes Caterers Coffee shops Lunchrooms Commissary restaurants Oyster bare Pisa parlors Concession stands, PrePa~d food (e.g., p~~ in airports and sports arenas) Contract feeding Refreshment stands Dau9 bare Diners (eating places) ~~~~ Reatauraats, carryout ~°1IIg 7O°~ Restaurants. fast food Sandwich bars or shops Dinner theaters Drivain restaurants Snack shops Festfoad reetauranta Soda fouataina Soft drink stands Food ~a Food service. institutional Submarine sandwich shops Tea rooms Ftrozen custard stands Grille (eating places) Theaters, dinner 5813 Drinking Places (Alcoholic Beverages) Establishments primarily engaged in the retail sale of alcoholic drinks, such as beer, ale, wine, and liquor, for consumption on the premises. The sale of food frequently accounts for a substantial portion of the receipts of these es- tablishments. Bars (alcoholic beverage drinking Places) Cocictailloungm Bear gardens (drinking places) Diacothequ~, alcoholic beverage alcoholic beverages Drinking placee Beer parlors (tap trooms) Heer taverns , Night clubs Baer, wine, and liquors: sale for on• Saloons (drinking Places) Tap rooms (drinking planes) Premise consumption Bottle clubs (dritil¢ng places) Taverns (drinking Places) Cabarets Wine bars f f i ~. ) ;'. '-i s _._;k . City of Falcon Heights • Staff Memo To: Planning Commission CC: Heather Worthington; Mayor and City Council From: Deb Jones Date: May 23, 200 Subject: Dino's Restaurant -traffic and other non-variance issues The attached documents are not related to the two variances now before you but are given to you so you will have information on other issues surrounding the proposed restaurant. Notes on the neighborhood informational meeting of May 13. These informal notes show that the residents who came to the meeting were most concerned with traffic on Crawford and Arona, in particular, drivers who cut through to avoid the Snelling/Larpenteur intersection. This is a perceived problem already (and has been for years), and the residents are worried that the new restaurant will make it worse. The City has some good ideas for ways to cut way down on the cut-through traffic going east on Crawford; we'll share those with you next week. • They are particularly anxious about having adrive-through at all, although this is a permitted use in that zone and the City has no legal grounds for forbidding this use, not even public opinion. The drive-through met all provisions of the code. It does not need a variance, and no Planning Commission action is required on it. 2. Log of comment from residents These comments are similar to the concerns heard at the meeting. As of this writing, I have not had time to respond to the last one. The City engineers, H. R. Green, performed a traffic study this week. Heather and I will meet with them Tuesday afternoon to review and discuss the results. You will get a copy -- by email before the meeting, if possible; if not, then just before the meeting. As promised at the May 13 meeting, Heather contacted the City of Shakopee to find out if they have had any complaints about Dino's there, the drive-through, noise, or any other issue. They have not received even one. In a part of the Metro where there is a lot of anxiety about growth, that is significant. At the Planning Commission meeting, Heather will give a brief presentation to address the traffic and non-variance matters before the hearing on variances. • • • • 0 .o by .~ z 0 w 0 U ~. a 0 A ~ ~ o x ~ ~ ~ o ~.~ ~ o -° ~ o ~ • ~ 4, ~ a, ° O ° ~ ~,~ P" ~ ~ ~ Q, ~ > o ~ o ~ ~ ~ ... ~ ~ ~ ~ ~ ~ ~ p a, ~ ~ o ~ a~ ~: .~ 3 N ~ cd ~ ~ ~ ~ ~ ~ ,~ N •-~ ~~ ... ,~ ~~e ~ - ~ N .-~ N ~ ~ ~~ ~o cn O p~ ,~. ~p~ ~~ p~ ~~ ~ ~ x ~~ ~o . 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O O ~ ~ U 4a ~ ~ ~ --+ ~ ~ U ~ ~ ~' ~ ~ O ~ U p ~ o ~ ~ ~ ~ ~ ~ ~ ~ a i ~ x U ~ ~ ~ " °' ~ o i ~ , > x ~~ a~ ~, ~ ~ ~ c i °' ~' ~3 ~~ ~ ~ ~ ~ U o ~ ~~~:~ ° ~~ ~~ , a o a~ ~, ~ ~ ~ ~ x ~ 3 4. ° ~ ° bn ~ .fl a~ ~ ~ ~ a~ d ~ ~ ~' ~ ~ :~ ~ ~ ° i o ~ o . ~ ~~ ~ c '° a, ~ ~' 3 • ~ ~ •~ ~ a ~ 0 0 v ~ ~ ~ ~ :~ ~ o o ' o ;~ ~ ° ~ '~ U ~ ~ o ~ o'~ ~ ~ ~ ~~ ~ ~ ; ~~ 0 ,s" cH O U ~ N ..U-+ ~ O bA ~ , ~ Q • ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ o •~ ~ ' ~ ~ ~ o a~ a~ . ~ C o U ~ U ~ ~ '~. ~ ~ ~ ai ~ .~ bA ~ ° ~•~ cd ,~ ,x ~ ~ o ~ ~ ~ ,~ ~ ~ ~ o U W ~ ~ ~ ° W ~ ° x ~ ~ • ~ ~ . bn c i ~~ ~~ ~ ° x~ ~. ~, ~ ° O x ~ o ~~ ~~ °¢ o ~ ¢ ~ c 0 0 N N C`• N ~ N w 0 N a N O 0 M M N c~ b a .~ 0 U .~ 'ob .~ x 0 U RS w 0 w 0 A 0 0 U Neighborhood Information Meeting on Dino's Restaurant proposal Tuesday, May 13, 2003 Informal minutes Heather Worthington (HW): Greeting and introductions; background on property and relationship of Dino's proposal to SE Corner project. George Sherman (GS): Summary of land situation, SE corner tenant relocation, timetable, Embers parcel purchase agreement Dino and Jason Adamidis (JA): Their history in Falcon Heights, desire to remain here, willingness to respond to community Clark Wicklund: Site plan presentation Resident Concern: Exit traffic to Crawford and Arona, also Asbury Resident Comment: "Embarassing" that no traffic study has been done; traffic will increase. Q: Dino's operation hours? JA: 10 - 10 M-F; to 11 p.m. Fri-Sat; to 9 on Sunday Q: When did this idea originate? GS: About a year ago. • Resident Comment: "Can't see adrive-in in Embers area." Not "fitting" for neighborhood. Wants Embers "real nice restaurant" to stay, Dino's to stay on SE corner. [Same elderly male resident repeated same sentiment at least 3 additional times during meeting.*] Another resident (female, over 60) expressed preference for "American food." Q: Would project go through without drive-through? JA: No GS: Embers is not viable operation for landlord. Replacement tenant would most certainly be another restaurant wanting adrive-through. Resident: "Thrilled you're staying, but..." drive-through is a real concern to neighborhood. Are Dino's other restaurants in residential areas? How have you fielded response there? JA: Shakopee store is the only other drive-through. Have had no neighborhood input [from Shakopee location?] before now. This is the original Dino's store, a family business. They will try to address issues or fix [problems]. 30% - 50% of Shakopee business is drive-through. Q: Seating comparison? A (probably JA): 40 old ("overflowing"); 118 new. Resident Comments: Possibility of closing off Crawford or making it one-way. St. Marys Street brought up, vis-a-vis Ciatti's. JA: [Something like this] could fix traffic flow. Dino's does not want to do harm to the neighborhood. • Resident of AronalCrawford corner [who is moving, having found FH not after all a salutory place for raising of children (paraphrased)]: Concerned with restaurant adding traffic to already stressed intersection. Notes from Neighborhood Meeting, May 13, 2003, on Dino's Restaurant Page 2 • Architect: No chain would look at site without wanting adrive-through. Issue is how to look at doing it best, how to make it look good. Resident*: Why can't both restaurants stay? Why can't Dino's remain on SE corner? JA: We want to own our land. Best if we can stay where we are and not have to close. Embers proprietor (Emb): Knew of no purchase agreement. GS: Was signed about a year ago. Owner of land ~ owner of restaurant business. Landowner had put propery up for sale. Q: Was Ember's property sale mentioned in SE Corner meetings? HW: Can't recall that it was. Residents' concern: Speed of cars on Arona. People can cut through neighborhood on Arona, Roselawn, Ashland, etc. Issue is not Dino's but traffic "worse and worse", very dangerous, "40 - 45 mph!" GW: "We will do a traffic study for the city." HW polled the audience: How many concerned about traffic. Most raised their hands. HW: This is and enforcement and education issue, separate from the Dino's proposal. Education will be needed -flyers, etc. Resident concern: Traffic added by those 110 new apartments at SE Corner. Those residents will use • Arona as shortcut. HW: Traffic study showed traffic will actually decrease 40% because residential traffic has much less turn-around than commercial. Q: Is this a "done deal"? Impression from letter. HW: City is in site plan review phase now, here tonight for feedback. JA: Dino's has made large investment in plan. Drive-through only way to make investment viable. Q: What about other vehicle access to store? HW: No curb cuts can be made on Snelling per MNDoT. Crawford and Arona are state aid streets. City can increase enforcement. City can look into "Do Not Enter" status for Crawford. JA: Local family business can and will respond better than national chain to problems that come up. CW: "No right turn" sign would help. [presumably from frontage driveway to Crawford] Resident*: Cited increased traffic in neighborhood since 1958. Afraid "drive-in" will "destroy the neighborhood." Why not turn property into residential use? Resident comment: Property already zoned for restaurant; another restaurant could serve liquor = worse than drive-through. HW: City has no control over sale of private property. GS: If not Dino's then probably Pizza Hut. Dino's came forward first. Note: It was several times implied, though not specifically stated, that the City cannot block a business in a zone where that business use is permitted. Most of the audience seemed to understand that. Also, it was stated several times by both residents and at least one presenter (JA, probably), but not City Staff, that the property is "zoned for a restaurant. " This is not entirely accurate. It is Notes from Neighborhood Meeting, May 13, 2003, on Dino's Restaurant Page 3 • zoned B-3, which includes restaurants and fast food enterprises as permitted uses. There may be a misperception that a restaurant is the only permitted use of that property, which is not the case. The distinction was never made explicit in the meeting, nor did any attendee ask if another kind of business could go on the site. This is noted here in anticipation that some resident will eventually insist he or she was told (by the City) that the site can only be used for a restaurant. Q: When was parcel zoned [for restaurant]? See above note. HW: Probably in 1980s when whole city was rezoned. Q: How much public subsidy of Dino's project? HW: None Q: Traffic options? HW: Reality is Larpenteur/Snelling is 3`d busiest intersection in State. HW (in response to question from Tom Lageson): Other issues with project are lighting, noise, as well as traffic and parking. Q: Why was Embers property put on the market? GS: Not profitable for owner. "Steve never put up a sign." Q: Where is Pizza Hut going? GS: No answer to that yet. • Tom Lageson: Will there be parking right up to Snelling on existing frontage road? HW: City is concerned that Dino's customers don't end up parking on Crawford. GS: The plan is also designed to address the parking needs of Falcon Crossing. HW reviewed the history of Falcon Crossing from the Flower Town days: There is a need to maintain the balance of shared parking. Q: Would it be possible to continue the [east] privacy fence on Crawford [i.e. around corner to, presumably, mask the drive-through]? JA: Yes; we will review, consider if needed. Project will represent a "face lift" on that corner [relative to appearance of Embers now]. Note: This was one of a number of comments made in passing by residents, Dino's/Sherman reps, and City Staff critical of the appearance of the existing Embers. The word "eyesore" was used at least twice during the meeting. The Embers proprietor, who was present, did not ident~ himself during the meeting (except by inference from his questions about the purchase agreement) or respond to criticisms of Embers. Tom Lageson: Considering the stated hours of operation, most traffic will be in the evening. Has Dino's considered opening in the morning? Coffee? (Another resident chimed in "Must have ice cream and coffee! ") JA: Family is considering the idea of a breakfast line, especially since there has been a breakfast restaurant there for years. If Dino's tried it anywhere, it would be here. Q: What businesses will go into SE Corner? HW: Don't know yet. Q: Is Mi Tierra gone? HW: Yes. City does not know what happened. They have another store in W. St. Paul. Notes from Neighborhood Meeting, May 13, 2003, on Dino's Restaurant Page 4 Resident comment and query about SE Corner -not recorded. The individual had apparently not followed the progress of the SE Corner at all, had not been aware that new development would include commercial space with apartments above. Various other residents responded to this resident with quick answers on what SE corner is about. Clearly awell- informed group, with some exceptions. Embers proprietor: What is closing date? GS: Scheduled for June; don't have exact date. Q: How long will Dino's construction take? JA: 120 days. Expect to open in October. Recap (HW) of issues that have been brought forward: • Traffic • Cut-through traffic, Crawford/Arona, both ways • Additional traffic volume from restaurant • Speed • People want Dino's to stay. • Noise from drive-through • Exhaust from vehicles • Landscaping and fencing • Vehicle access control • Headlight glare • Drive-through, existence of • Traffic noise increasing from dine-in customers as well as drive-through • Litter Control Q: How much City money has gone into SE Corner redevelopment? HW quoted amount and funding source. Same resident: This is less than he was told earlier. HW: Some recovered by fees charged to developer. Q: What is City process? Concern: Wants traffic study of Shakopee store. Concern: Traffic study by "impartial" party. HW: Next steps: • City will call Shakopee for info on traffic at Dino's there • Traffic study will be done by City engineer • This project goes to Planning Commission May 27 -another neighborhood meeting then? Consensus: yes! • Letter will be sent out prior to 5/27. Will put in bold type "Not a done deal." Architect: Great lengths to make building blend with area. JA: Parking lot lights will shine straight down. In closing, HW reminded people to sign in on the list, take her card, contact her about their concerns. •