120589 Planning2.
3.
3.1
AGENDA
PLANNING COMMISSION MEETING OF DECEMBER 5, 1989
CITY OF NEW HOPE, MINNESOTA
7:30 p.m.
CALL TO ORDER
ROLL CALL
PUBLIC HEARINGS
Case 89-23
3.2 Case 89-24
3.3 Case 89-25
3.4 Case 89-26
Request for Planned Unit Development Conditional
Use Permit Concept State Approval for Community
Center Park Improvements, 4401 Xylon Avenue North,
City of New Hope/Daniel Donahue, Petitioner
Request for Text Amendment to Allow Outdoor Sales
as a conditional use in a B-3 (Auto-Oriented
Business) Zoning District, Rezoning from R-o
(Residential-Office) and I-2 (General Industrial)
to B-3 (Auto-Oriented Business) Zoning District,
Preliminary Plat, Variance to required outdoor
storage setback, Variance to required parking
setback, 7675/7701-09 42nd Avenue North and part of
4214 Winnetka Avenue North, Autohaus/Tom Boettcher,
Petitioner
Request for Conditional Use Permit to Develop a
Gymnastic School, 5004-06 Hillsboro Avenue North,
Munsinger Gymnastics/Bill Munsinger, Petitioner
4.1
4.2
5.
6.
6.1
6.2
Request for Comprehensive Sign Approval, 5000
Winnetka Avenue North, Five Thousand Winnetka
Partnership, Petitioner
COMMITTEE REPORTS
Report of Design and Review Committee
Report of Codes and Standards Committee
OLD BUSINESS
NEW BUSINESS
Approval of Planning Commission Minutes of November 8, 1989
Review of City Council Minutes of October 23, 1989, City Council
Special Meeting of November 6, 1989, and City Council Work Session
of November 20, 1989.
6.3 Review of EDA Minutes of October 23, and November 13, 1989.
6.4
7.
8.
Review of HRA Minutes of October 9, and November 13, 1989.
ANNOUNCEMENTS
ADJOURNMENT
I '.'-i
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case:
Request:
Location:
PID No.:.
Zoning:
Petitioner:
Report Date:
Meeting Date:
89-23
Planned Unit Development Conditional Use Permit
Concept Stage Approval for Community Center
Park Improvements
4401 Xylon Avenue North
18-118-21 12 0004
R-1
City of New Hope/Daniel J. Donahue
November 30, 1989
December 5, 1989
The Planning Commission and City Council have approved the
site/building plan for the swimming pool bathhouse, and
construction is underway. Staff is working with the engineers
and architect for the parking lot improvements.
Staff requests that the Planning Commission table the planned
unit development conditional use permit for the Community
Center Park Improvements until January 2, 1990.
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case:
Request:
Location:
Zoning:
Petitioner:
Report Date:
Meeting Date:
89-24
Text Amendment to allow outdoor sales as a
conditional use in a B-3, (Auto-Oriented
Business) Zoning District, Rezoning from R-0
(Residential-Office) and I-2 (General
Industrial) to B-3 (Auto-Oriented Business)
Zoning District, Preliminary Plat, Variance to
required outdoor storage setback requirement,
Variance to required parking setbac~
7675 42nd Avenue North - 17-118-21 23 0004
7701-09 42nd Avenue North - 17-118-21 23 0005
Part of 4124 Winnetka Ave. N.- 17-118-21 23 0012
R-O (Residential-Office)
Industrial)
& I-2 (General
Autohaus/Thomas W. Boettcher
December 1, 1989
December 5, 1989
Background
The Planning Commission reviewed this request on November 8,
1989 and took the following action:
ae
Recommended approval of a text amendment which
allows some outdoor display of motor vehicles in
the front yard of a property located in a B-3 zoning
district.
Be
Recommended approval of the rezoning of the
properties from R-0 and I-2 to B-3, and also
recommended that the City begin the process to
rezone the properties along 42nd Avenue to a
commercial classification.
Co
Tabled the preliminary plat, conditional use permit
and variances until December 5, 1989.
In. regards to outdoor display, the Planning Commission
recommended that the City Council adopt an ordinance which
allows outdoor display not to exceed 20% of the required front
yard. The commission also recommended a 20' setback for
outdoor display.
The City Council considered the text amendment on November 13,
1989 and asked staff to prepare some options for reducing the
setback and allowing a higher percentage of vehicles. Please
refer to Planner's Report A (Attachment A) for this analysis
and Attachment B (Council minutes).
Design and Review met with Autohaus on November 20, 1989.
Planner's Report B (Attachment C) addresses Design and Review
Committee's concerns as well as other issues.
Analysis
Text Amendment:
Staff has prepared a report to demonstrate the different
levels of coverage for auto sales. (Planner's Report A).
The City Council will address this issue on December 11,
1989.
Rezoning:
The Planning Commission has recommended that the site be
rezoned to B-3 pending complete transfer of all
properties. Staff understands that both the sale of the
School District building and the Animal Hospital
properties are pending.
Preliminary Plat:
The City Engineer, Public Works, Hennepin County and the
utility companies have had an opportunity to review the
plat. The City Engineer's comments are contained in
Attachment D and are summarized as follows:
a. Recommends concrete rather than bituminous curb.
be
Requires a 20' drainage and utility easement along
east property line and prohibits overland drainage
to Old Dutch Pond.
Ce
Requires that a grading plan be prepared prior to
the approval of the final plat and prohibits grading
within the Old Dutch Pond easement.
Requires that the Body Shop and Collision Repair
Storage be surfaced with bituminous, including
concrete curb.
Se
Requires appropriate abandonment of the sewer and
water service at the Animal Hospital site.
Variances:
The need for variances is addressed in the Planner's
report.
Summary
The Planning Commission has the following options:
Amend or maintain the previous recommendation
regarding outdoor display (not to exceed 20% of
required front yard and 20'setback)
Table the conditional use permit, variances, and
preliminary plat
Approve the conditional use permit, variances, and
preliminary plat
Deny the conditional use permit, variances, and
preliminary plat
Attachments:
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Planner's Report A
Council Minutes (11-13-89)
Planner's Report B
City Engineer's Letter (11-27-89)
Northwest Associated Consultants,
Inc.
URBAN PLANNING DESIGN MARKET RESEARCH
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
Jeannine Dunn
Alan Brixius
27 November 1989
New Hope - Auto Sales Ordinance
131.00 - 89.18
The New Hope Planning Commission recommended approval of the
attached draft ordinance for outdoor auto sales in New [[ope.
Upon review of the ordinance and the Autohaus proposal, the Ci. ty
Council indicated that the ordinance may be to restrictive wi_th
regard to front yard display areas and required storage area
setbacks. The City Council has requested the Planning Commission
to reconsider its position on these two design performance
standards.
Setbacks
Provision (h) of the draft ordinance outlines that parking areas,
driveways, and outdoor storage areas must be at least fifteen
(15) feet from all property lines. The applicant |]as indicated
that Section 4.036 (4) (h) (XV) allows commercial parking lots
within five (5) feet of a property line.
In preparation of the ordinance, the continuous storage of
automobiles in one location represented a more intensive use than
commercial parking which has constant turnover. Due to this
assumption, a greater setback was initially suggested.
The City may determine that auto sales and commercial parking are
similar in character and no setback differential is necessary.
We would still strongly suggest, however, that a setback of
greater than five (5) feet be maintained from the front property
line. This suggestion is intended to provide some attractive
landscape arrangement at the entrance of the site.
The following change is
consideration:
offered for the
Planning Commission's
4601 Excelsior Blvd.. Suite 410- Minneapolis, MN 55416. (612) 925-9420. Fax 925-2721
(h)
Setbacks. Ail parking areas, driveways, and outdoor storage
areas shall be at least five (5) feet from all side and rear
property lines. The five (5) foot setback area shall be
landscaped and screened in accordance with Section 4.033.4
of this Ordinance.
Front Yard Display
The Planning Commission recommended approval of the draft
ordinance that would allow a limited amount of front yard
display. The amount of front yard display area was limited by
the following performance standards:
1. Only 20% of the front yard may be used for front yard
display.
o
The display area is required to be setback 20 feet from the
front property line.
The applicant has.indicated that the performance standards are
too restrictive. The application of these standards to the
Autohaus site would limit the display area to seven automobiles.
With this limited use of the property, the purchase of the
veterinarian clinic would be impractical.
The applicant is requesting a front yard display area that could
accommodate between twelve and fourteen automobiles. The display
area would be setback ten (10) feet from the front lot line to
improve its visibility from 42nd Avenue and to provide some
maneuverability within the display area.
The Planning Commission and City Council must determine what
performance standards are the most appropriate for the Autohaus
site as well as other B-3 sites in the City. The attached
information is intended to provide some basis for deciding on the
appropriate performance standards.
The attached exhibits portray four alternative scenarios
allowing from 20% to 50% front yard use for automobile display.
As shown below the varied percentages would permit 7 to 17
vehicles within the Autohaus CUP proposal.
Alternative
Maximum Vehicles Allowed
1. 20% of front yard 7
(1,993 s.f. ~ 280)
2. 30% of front yard 10
(2,989 s.f. ~ 280)
Alternative Maximum Vehicles Allowed
40% of front yard
(3,986 s.f. ~ 280)
14
50% of front yard
(4,982 s.f. ~ 280)
17
NOTES: 1.
2.
Front yard measures 9,964 sq.ft, in size.
Minimum 280 sq.ft, required per vehicle by the
Ordinance.
The graphic also illustrates varying setback alternatives. The
application of the 20 foot setback to the Autohaus site would
result in 30 feet remaining for display area. Reducing this
setback to 10 or 15 feet would provide a greater display
flexibility and automobile maneuverability within the front yard
display area.
In review of the alternatives, the Planning Commission should
recommend which standards they feel most comfortable. If the
Planning Commission's findings differ from their original
recommendation, the draft ordinance will be further revised prior
to consideration by the City Council.
cc:
Steve Sondrall
Dan Donahue
Doug Sandstad
ORDINANCE NO.
CITY OF NEW HOPE
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE TO PROVIDE FOR
MOTOR VEHICLE SALES, SERVICE, LEASING/RENTAL, AND REPAIR AS A
CONDITIONAL USE IN "B-3", AUTO-ORIENTED BUSINESS DISTRICTS.
THE COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 4.124 of the New Hope City Code is
hereby amended to add the following:
(4) Motor Vehicle Sales/Leasing/Rental, Service, and Repair.
Motor vehicle sales/leasing/rental, service,
allowed as a conditional use provided that:
and repair is
(a) Required Uses. The uses of motor vehicle sales/
leasing/rental, service, and repair must all be
provided on the subject property.
(b)
Same Site. Ail customer-oriented uses associated with
the business shall be on the lot of principal activity
or business and shall not be separated by a public
street, alley or other land use.
(c)
Location. The subject property must be accessible from
a major or minor arterial street as defined by the New
Hope Comprehensive Plan.
(d)
Compatibility. The architectural appearance and
functional plan of the building and site shall not be
so dissimilar to the existing buildings or area as to
cause impairment in property values or constitute a
blighting influence within a reasonable distance of the
lot. All sides of the principal and accessory
structures are to have essentially the same or a
coordinated, harmonious finish treatment.
(e)
Required Plans. A detailed site plan, landscaping
plan, and lighting plan shall be required illustrating
all existing and proposed buildings, outdoor sales and
storage areas, parking, loading, and trash facilities,
setbacks, landscaping, exterior lighting and any other
information as required by the City.
(f)
Lot Standards. The minimum lot area shall be one (1)
acre. The minimum lot width shall be one hundred (100)
feet.
EXHIBIT A
ORIGIiNAL DRAFT ORDINANCE
(g)
Sales Area. The outdoor automobile sales/leasing/
rental area shall not be greater than one and one-half
times the gross floor area of the principal building.
A minimum of 280 square feet of sales/leasing/rental
area per vehicle is provided.
(h)
Setbacks. Ail parking areas, driveways, outdoor
storage areas shall be at least fifteen (15) feet from
all property lines. The fifteen (15) foot setback area
shall be landscaped and screened in accordance with
Section 4.033.4 of this Ordinance.
(i)
Front Yard/Display Area. Outdoor motor vehicle
sales/leasing/rental display area may be permitted
within the required front yard provided the following
criteria are met:
(i)
The outdoor
exceed twenty
yards.
sales/leasing/rental area does not
percent (20%) of the required front
(ii) The outdoor sales/leasing/rental display area
shall not be less than twenty (20) feet from the
front lot line.
(iii)The required display area setback shall be curbed
and landscaped to prevent vehicle encroachment
into the front yard and side yard setback areas.
(iv) Front yard display area shall comply with the
sales/leasing/rental area per vehicle of provision
(g) above.
(v) The front yard display area shall not be used for
customer or employee parking.
(J)
Outdoor Storaqe. The outdoor storage of waste
material, debris, refuse, damaged vehicles,~, and junk
vehicles parts and the like shall be contained within a
specifically defined area of the site no greater than
10 percent of the total site area. Said area must be
located in the rear yard and encompassed by a minimum
six (6) foot high screened security fence. Said fence
must be accompanied by landscape plantings along all
sides which face adjoining properties. No outdoor
storage of any kind is allowed on the rooftop of any
building on the site.
(k)
(1)
Areas intended for the storage of damaged vehicles that
may result in the loss of motor vehicle fluids (i.e.,
gasoline, oil, antifreeze, transmission fluid, battery
acid, etc.) shall be designed to prevent the
infiltration or drainage of these fluids into area
soils or storm water runoff and prevent the
deterioration of parking and storage area surfaces.
Outdoor Repair. The outdoor repair of motor vehicles
or motor vehicle parts anywhere on the property is
prohibited.
Parking. In addition to the required parking for the
principal use or activity, one off-street parking stall
for every one thousand square feet of outdoor motor
vehicle sales area shall be required. Areas used for
outdoor sales shall be separated from the required off-
street parking stalls. The required off-street parking
shall not be used for outdoor sales or storage and
shall be specifically marked for customer or employee
use.
(m)
Striping. Ail areas intended for vehicle parking,
vehicle sales or storage shall be striped with white
painted lines not less than four inches in width and
shall be maintained for legibility on a regular basis.
(n)
Curbing. Ail parking areas, driveways, sales areas and
outdoor storage areas shall have a continuous perimeter
concrete curb of not less than six inches in height.
(o)
Surfacing. All parking area, driveway, sales area and
outdoor storage area shall be surfaced with bituminous
or concrete material.
(P)
Drainage. The entire site shall have a drainage system
which shall be subject to City approval.
(q)
Lighting Shielded. Ail lighting shall be hooded and so
directed that the light shall not be visible from the
public right-of-way and so that no light or glare
shines on adjacent property, buildings or structures.
(r)
Noise. Noise control shall be regulated by
control section of this Code.
the noise
(s) Trash Receptacle.
shall be provided
provisions:
An enclosed trash handling facility
which conforms with the following
(i) The exterior wall treatment shall be similar
and/or compliment the principal building.
(t)
(u)
(v)
(ii) The enclosed trash receptacle shall be
the rear yard.
located in
(iii)The t~ash receptacle must be in an accessible
location for trash pick up vehicles.
(iv) The trash enclosure must be fully screened and
landscaped from view of adjacent properties and
the public right-of-way.
Accessory Buildinqs. The principal use may have One
(1) accessory building or structure, no larger than
thirty percent (30%) of the floor area of the principal
building. Accessory buildings shall be constructed of
the same type of materials as the principal building.
Similar architectural treatment will be required on all
sides of the building.
Signage. A detailed signage plan in conformance with
Section 3.40 of the New Hope City Code shall be
submitted to the City for review and approval:
(i)
Promotional signage attached or affixed to an
automobile is prohibited.
(ii) Banner, pennants, streamers and other temporary
promotional signage may be permitted in accordance
with Section 3.441 of the New Hope City Code.
Flags. If the American Flag is displayed in
conjunction with this conditional use permit, it must
comply with the laws outlined in 36 USCS, Section 173-
176.
Section 2. Effective Date. This
effective upon its passage and publication.
Dated:
Ordinance
, 1989.
shall be
ATTEST:
Mayor
City Clerk
(Published in
of
the New Hope-Golden Valley Post on the
, 1989)
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included in the project bid.
Mr. Herman reiterated that the bid opening will be Thursday,
November 16th at 2:00 p.m. and the Council will meet Monday,
November 20th to award the bid on Improvement Project 455.
RESOLUTI~
89-225
Item8.3
PIANNING CkSE
89-24
Item 8.4
Councilmember Otten introduced the following resolution and moved
its adoption: '~ESOI/]I~ON APP~OV]/qG PLANNING CASE NO. 89-23
SITE/q]UT/nING PLAN APPROVAL FOR BAqlqHCIISE FAC/TITY AT 4401 XYIDN
AV~:qUE NORTH, PID #18-118-21 12 0004". The motion for the adoption
of the foregoing resolution was seconded by CounciLmember Enck, and
upon vote being taken thereon; the following voted in favor thereof:
L'Herault, Otten, Erickson, Enck, Williamson; and the following
voted against the same: None; absent: None; whereupon the
resolution was declared duly Dassed and adoDted, and was signed by
the mayor which w-as attested to by the city clerk.
Mayor Erickson introduced for discussion Item 8.4, Planning Case
89-24 - Request for Text Amendment to Allow Outdoor Sales as a
Conditional Use in a B-3 (Auto-Oriented Business) Zoning District,
Rezoning From R-O (Residential-Office) and I-2 (General Industrial)
to B-3 (Auto-Oriented Business), at 7675, 7701-09 42nd Avenue North
and 4124 Winnetka Avenue North, (PID #17-118-21 23 0004, #17-118-21
23 0005, #17-118-21 23 0012) Autohaus/Thomas W. Boettcher,
Petitioner.
Ms. Dunn stated the Planning Co~u~ission reviewed this case at its f
meeting on November 8, 1989.
Ms. Dunn explained that one issue to be resolved is whether the
amount of display area should be limited to 20 or 30 percent of the
required front yards. She stated the Planning Commission
reco~_nded that the amount of cars on display not exceed 20
percent of the required front yard. She presented drawings of both
30 percent (equating to 10 cars) and 20 percent (equating to 6
cars). Ms. Dunn commented that the ordinance would require a 20
foot set-back in the display area.
She stated the Planning Commission recommended approval of a text
amendment which allows some outdoor display of motor vehicles in the
front yard of a property located in a B-3 zoning district.
Ms. Dunn stated the Planning Commission felt this type of use was
more appropriate in a B-3 (auto-oriented) classification r~ther than
an industrial classification. The Autohaus property is currently
°zoned as industrial. The Planning Commission recommended that the
City Council begin the rezoning but there is some issues with
actual ownership of the property so staff is recommending no action
on rezoning this evening.
N/~ Hope City Co~ ge 6
She stated the Planning Commission recommended approval of the
rezoning of the properties from R-O and I-2 to B-3, and also
November 13, 1~
recommended that the City begin the process to rezone the properties
along 42nd Avenue to a commercial classification.
Ms. Dunn explained that the third step the Planning Commission took
was to table the preliminary plat, conditional use permit and
variances until December 5, 1989. She stated the preliminary plat
did not include the Autohaus property in the plat documents which
were submitted to the City. She stated the text amendment only
allows outdoor display as a conditional use and the Planning
Commission did not feel all issues have been resolved.
Mayor Erickson asked what comprised the unresolved issues. Ms.
Dunn stated the petitioner had not met all of the set-back
requirements and the Planning Co~u~ission believed that with some
minor adjustments the variances would not have been required. She
stated there are two variances required: 1) variance required for
the set-back from the parking area and 2) variance for the outdoor
storage set-back.
Mr. Sondrall stated the only change necessary to the ordinance would
be a numbering change: Section 4.124 (5) rather than 4.124 (4).
Mr. Thomas Boettcher, Autohaus, was recognized and presented the
proposed plan to the Council. He explained that 8-14 cars could be
displayed on the front yard. He stated no banners, no painting on
windshields, etc. would be displayed on the cars. He stated when a
sale is planned a proper permit would be obtained from the City for
advertising (balloons, etc.).
Mr. Boettcher stated that the Animal Hospital is built on the
property line and if Autohaus does not purchase it, the building
probably will remain there. He commented that once the building is
gone, he intends to talk to the Y and Country Kitchen regarding
landscaping the property. The cyclone fence would be removed and
proper drainage placed.
A lengthy discussion ensued regarding the percentage of vehicle
display area.
Mr. Sondrall col~u~_nted that he would rather have the ordinance
define a percentage rather than a number of cars.
Councilmember Williamson commented that a display of cars does not
appear much different than any other business as they all have cars
parked in front of them.
Councilmember L'Herault indicated he would approve between 12-14
cars; Councilmember Otten, Mayor Erickson, and Councilmember
Williamson indicated they would approve between 13-16 cars.
Councilmember Enck stated he originally felt 6 cars would be
adequate but has been persuaded by Mr. Boettcher to allow the 30
percent and feels that is a good compromise.
New Hope city Council
Page 7
November 13, 1989
Mr. Boettcher stated it would be expensive to haul snow a~ay and
snow could be stored on-site at the rear end of the lot during
winter. Most of the snow will drain into the holding pond.
Mr. Sondrall stated for preparation of the ordinance, the percentage
of display area could be calculated based on Council's request.
Councilmember Enck co~nted that striping may not be required in
the display area. Mr. Boettcher indicated he would rather not have
the area striped.
Counciln~_mber Williamson inquired whether landscaping is to be
placed in the fifteen foot setback area. Mr. Sondrall explained
that the ordinance, as written, requires it to be landscaped in
accordance with the landscaping ordinance under 4.033. He stated
Autohaus would have to follow the same guidelines as any other
co~_rcial property requiring landscaping.
Motion made by Councilmember L'Herault, seconded by CounciLmember
Otten, to fable Planning ~e 89-24 to Deoember 11, 1989. All
present voted in favor.
The City Council Meeting was suspended at 8:45 p.m. and reconvened
at 8:55 p.m.
I~IBT ~C HFAR//qG
Item 7.1
Mayor Erickson opened the public hm~ring on the 1990 budget, Item f
7.1.
Mayor Erickson commented that there will be no action taken on the
budget tonight. He stated the City's budget public hearing cannot
conflict with the school board or Hennepin County. He stated School
District #281 will be holding their public hearing on December 4,
1989, and the City will adopt its budget after the School District's
budget is finalized.
Mr. Dan Donahue reCommended continuing the public hearing until
November 27 and subsequently to December 11, 1989. He stated the
City's budget is tied in and related to the School Board's budget.
He commented that the School has a proposed budget as does the City
and he does not foresee much change on the tax side of the School's
budget.
He explained the state law and the results of the legislative
session. He reviewed the following statement in the published
notice: "The New Hope City Council is proposing to increase total
property taxes to be collected for 1990 by 20 percent over 1989
taxes which is an increase of $602,165 as a result of $639,555
reduction in state aid."
Mr. Donahue referred to information contained in the October issue
of the League of Minnesota Bulletin. The new tax law will cut city
New Hope City Council November 13, 1~
Page 8
Nor! west ssoci t? .d Consul!ants,
U R B P L A N NG D N M A R K E R
Inc.
E S E A R C H
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO:
Dan Donahue/Jeannine Dunn
Robert Kirmis/Alan Brixius
29 November 1989
New Hope - Autohaus CUP/Variance (REVISED)
131.01 - 89.24
EXECUTIVE SUI~4ARY
Backqround:
Following the November 8, 1989 Planning Commission meeting, the
applicant was directed to meet with the .Design and Review
Committee and prepare a revised site plan for consideration of
full Planning Commission approval.
The City Council met between the Planning Commission meeting and
Design and Review Committee meeting and discussed the auto sales
ordinance. The Council raised concerns over the restrictiveness
of the proposed ordinance and asked the Planning Commission to
reconsider its position on two performance standards. The City
Council concerns are outlined in more detail in our planning
report dated November 17, 1989.
The Design and Review Committee and staff met with the
applicant's representatives on November 20, 1989. Through the
course of this meeting a number of design revisions were
suggested for the site plan. The following review of the revised
site plan gives attention to the recommendations of the Design
and Review Committee.
The total project approval is contingent on the acceptability of
the following elements:
o
Adoption of the auto sales ordinance amendment to allow auto
sales within the B-3 Zoning District.
Approval of the rezoning of the newly Created Autohaus site
from I-2 to B-3, Auto-Oriented Commercial District.
4601 Excelsior Blvd.-Suite 410. Minneapolis, MN 55416. (612) 925-9420. Fax 925-2721
Approval of plat which would combine three existing parcels
into one lot.
Approval of a conditional use permit to allow the Autohaus
site to operate auto sales.
The applicant is also requesting a number of variances from
the following design performance standards.
Parking/storage setbacks
Striping the front yard display area
Recommendation:
The issues surrounding the Autohaus proposal demonstrates that a
number of approvals are required which will determine the
acceptability of the development. If the City finds the requests
acceptable, they should be contingent upon the following
conditions:
Preliminary Plat
1. The plat is subject to the review of the City Engineer. The
plat will be checked for proper utility and drainage
easements·
The plat may be revised to provide additional lot width at
the rear of the building to meet required setbacks. The new
land would have to be purchased from adjacent properties.
Conditional Use Permit
Sales area be reduced by 1,958 square feet.
green space is suggested.
Additional
The Planning Commission must determine the appropriate
setback for an automobile sales lot. If a 5 foot setback is
deemed appropriate, the site plan should be revised to
accommodate the requirement.
Front yard display. The Planning Commission must determine
the amount of vehicles that may be displayed in the front
yard and the required setback.
Outdoor storage and repair area should be reduced to provide
a required landscape setback.
o
The outdoor storage area must be surfaced and designed to
satisfy the requirement of the City Building Official and
Fire Chief.
2
The parking stall denoted as having poor access
eliminated.
should be
A number of parking stalls may need to be removed to provide
required setback.
o
The parking, storage and sales area must be surrounded by
continuous concrete curbing.
Additional landscaping be provided along both the east and
west lot lines. Written documentation must be provided to
allow landscaping to be planted on the Country Kitchen site.
10. City Engineer's review and approval of the site drainage.
Variance
To allow greater flexibility in the front yard display area,
the City may waive the required striping of the sales area.
Review of the proposed site plan does not present evidence
that warrants a variance from the required parking and sales
area setback.
ISSUES AND ANALYSIS
REZONING
At the November 7, 1989 Planning Commission meeting, the Planning
Commission discussed the proposed rezoning and recommended
approval. A subsequent recommendation suggested that the City
initiate a rezoning study that looks at rezoning the balance of
the lots abutting the south side of 42nd Avenue from industrial
to commercial.
PRELIMINARY PLAT
A revised preliminary plat has been submitted that includes the
Veterinarian Clinic Property. The proposed lot conforms with the
lot area and with standards of the B-3 zoning district.
Prior to final plat approval, the submitted plat should be
subject to the review and comment of the City Engineer to insure
proper utility or drainage easements have been designated.
CONDITIONAL USE PERMIT
A revised site plan has been submitted for Planning Commission
consideration. Review of the site plan reveals that few changes
were made between the plan submitted earlier in November and the
plan recently submitted.
3
Required Uses. According to the submitted site plan, motor
vehicle sales/leasing/rental, service and repair are all provided
upon the subject property. In addition, all customer-oriented
uses associated with the business will occur upon the subject
site as required per Section 4.124 of the City Zoning Ordinance.
Site Area and Location. The Autohaus proposal meets the
performance standards including same site uses, access to an
arterial street, as well as lot area and lot width standards.
Sales Area. At +28,900 square feet in size, the site's outdoor
sales area exceeds 150 percent of the size of the principal
building as established by Ordinance. Due to the amount of
impervious surfacing .being proposed, it is strongly suggested
that the reduction in sales area required by Code be put into
green space.
Principal
Building
Maximum
Allowable
Sales Area
Proposed
Sales Area
Reduction
Required
150% Floor 26,962 28,920 1,958
Area square feet square feet square feet
Setbacks. The proposed auto sales ordinance amendment for
approval by the Planning Commission required a 15 foot setback
for all parking, driveways and storage areas. The City Council
suggested that this standard should be more in line with the 5
foot setback standard for commercial parking lots (see November
27, 1989 planning report). Review of the proposed site plan
reveals that the applicant does not meet either the 5 foot or 15
foot setback along any side or rear lot lines.
The applicant is proposing
and rear lot lines:
the following setback from
the side
East lot line along the building
East lot line behind the building
South lot line
West lot line along the building
West lot line behind the building
3.5'
3.0'
0'
.5'
3.0'
Even if the City chooses to reduce the setback standard to 5
feet, the applicant is requesting a variance from the setback
standard.
4
In review of the site plan, only the west side of the building
warrants an exception to a 5 foot setback standard. This area
only has 41 feet between the property line and the building. The
reduced setback in this area is the only means to accommodate a
workable parking arrangement. Due to these existing conditions
an exception to the required 5 foot setback appears to be
warranted.
The existing building is located approximately 72 feet from the
east lot line. This building setback offers sufficient width to
accommodate a double loaded 90 degree parking lot which requires
62 feet curb to curb and still provide up to a 10 foot setback.
In the rear of the building, the applicant is proposing a 3 foot
parking/storage area setback from the side lot lines. The
applicant has indicated this setback is necessary to provide
needed parking and sales area to make the site functional. Our
review suggests that the site is not subject to a hardship that
is unique to the site for the following reasons:
The applicant is purchasing and adding to the Autohaus site
.97 acre from the adjacent property. A slight change in the
configuration or size of the parcel of land being purchased
could produce sufficient lot width to provide the parking
area and the required setback.
As cited earlier the sales area is larger than allowed by
ordinance and should be reduced by 1,958 square feet. This
area is equivalent to 9.8 parking stalls.
o
Based on the City parking standards for auto sales, the
Autohaus site is required by ordinance to provide 56 parking
stalls. The site plan shows a total of 83 customer and
employee parking spaces. The site plan provides 27 parking
spaces beyond ordinance standards.
A reduction in the size of the body shop and collision
storage area could also serve to provide additional setback.
Under the aforementioned circumstances, there appears
alternatives to provide for a minimum setback.
to be
Front Yard Display Area. No change in the site plan has occurred
with regard to the front yard display area. The Planning
Commission recommended that the front yard display be set back 20
feet from 42nd Avenue and be limited to 20% of the front yard
area. The applicant is proposing a setback of 10 feet and a
display area large enough to accommodate between 12 and 14
automobiles.
Upon review of the auto sales ordinance, the City Council
suggested that the front yard display requirement be made more
flexible. The November 27, 1989 planning report outlined a
number of options for consideration by the Planning Commission.
Upon consideration of these options, the site plan must be
revised to reflect the recommendations of the City.
In the review by the Design and Review Committee, the following
recommendations were made:
The proposed front yard display area is curbed and
landscaped and should disallow vehicle encroachment into
front and side yard setback areas.
The setback in the northeast corner of the site and along
the eastern lot line should be increased in width and
further landscaped to enhance the site.
Outdoor Storaqe and Repair Area. As shown on the submitted site
plan a 12,000 square foot body shop and collision repair storage
area has been proposed in the southwestern corner of the site.
The area comprises 9.5 percent of the site's total area and is
encompassed by a 6 foot high security fence. The site plan
indicates that the storage area will be crushed rock with an
underground sealer. The City Building Official indicated that
the crushed rock surface was not acceptable. The storage area
must be paved or concrete with some type of collection basin for
motor fluids.
The site plan does not provide any setback for the outdoor
storage area. We would recommend that the storage area be
reduced in size to provide for some landscaped setback.
Access/Circulation. The subject site is accessed via two curb
cuts from 42nd Avenue. The fact that they currently exist and
were approved by Hennepin County make their locations
acceptable.
Also of concern is the site's easternmost access drive which at
28 feet in width, exceeds the maximum City standard of 24 feet.
It should be noted, however, that the curb cut width does
currently exist and also may be viewed as acceptable. This
issue should, however, be subject to the review of the City
Engineer.
Parkinq Requirements. As discussed in the proposed Ordinance
amendment, one off-street parking stall for every one thousand
square feet of outdoor motor vehicle sales area shall be
required. As such, the Autohaus facility must provide 56 off-
street parking spaces as demonstrated below:
Principal Building
(17,308 x .9)
Required
Ratio Spaces
8 + 1/800 27
Outdoor Sales
(28,920) 1/1000 29
TOTAL 56
Exclusive of sales and service vehicle stalls, the site plan
shows 58 customer and 25 employee parking stalls and therefore
exceeds the required parking stall allotment by 27 stalls. The
excessive parking supply appears to respond to the intention of
the applicant to expand his principal structure in the future.
All customer and employee parking stalls should be segregated
from the designated sales stalls and should be reserved via
appropriate signage.
The Autohaus proposal also proposed several parking stalls which
are provided significant inconvenience in terms of access. As
shown on Exhibit D, several parking stalls are denied sufficient
backing space. The excessive number of parking stalls allow for
some reduction in the parking to eliminate stalls having poor
access and/or to provide for required setbacks.
The customer parking area lying west of the principal building
exhibits a combined stall depth and drive aisle width of 40 feet,
whereas, the Ordinance requires a minimum of 42 feet to
sufficiently accommodate parking maneuvers. It should be noted,
however, that the City may find the 40 foot width acceptable on
the premise that it is an existing condition.
It should be noted that the minimum parking lot dimensions
required per the Ordinance may be reduced upon submission and
prior City Council approval of a comprehensive snow removal site
plan. The applicant wishes to utilize smaller parking stalls
along the east and west property lines. They propose to
accommodate snow storage within their proposed sales area. This
type of snow storage is not permitted for other commercial
operations. The City must determine if it is acceptable for this
site. The typical snow storage plan should be contractual in
nature, signed by the property owner and filed with the City
Clerk. The parking stall size reduction shall not be allowed
until the conditions of the Ordinance are met.
The Design and Review Committee indicated that the entire
parking, storage and sales area must be bordered with continuous
concrete perimeter curbing in accordance with the proposed
ordinance. As shown'in the revised site plan, the applicant has
not complied with the Design and Review Committee's
recommendation. Continuous concrete curbing has been provided
around the northern half of the site, while curb stops have been
located in the rear to accommodate sales stalls and employee
parking. The curbing must be extended around the entire site.
Surfacinq. The Ordinance requires that all parking sales and
outdoor storage areas be surfaced with bituminous or concrete
material.
Liqhtinq. The submitted site plan has indicated the locations of
all exterior lighting which is to occur upon the subject site.
All lighting should be hooded and so directed that the light
shall not be visible from the public right-of-way and so that no
light or glare shines on adjacent property, buildings or
structures. The Building Official has requested a more detailed
illumination information to insure glare does not present any
off-site problems.
Trash. As shown on the submitted site plan, a trash area has
been designated south of the principal building. The trash
handling facility is fully screened from view of adjacent
properties and appears to be in a location which will not impede
trash pick-up vehicles.
Loadinq. The submitted site plan indicates that loading
activities are to occur to the rear of the site's principal
structure. The loading area appears well screened and should
pose no functional detriments to the site.
S~qna~e. According to the submitted site plan, a freestanding
sign is to be located along 42nd Avenue. Prior to final plan
approval, a detailed signage plan must be submitted which
indicates the size and location of all signs which are to occur
upon the subject property.
Paint Striping. The applicant has requested a variance from the
ordinance requiring all parking areas to be striped in the
designated display area. The request does not seem unreasonable
in that painted striping in the area would limit creativity and
flexibility in the manner in which vehicles may be displayed.
Excluding the display area, all areas intended for vehicle
parking, vehicle sales or storage shall be striped with white
painted lines not less than four inches in width and shall be
maintained for legibility on a regular basis.
8
Drainaqe. Due to the amount of impervious surface, site drainage
becomes a critical issue. The City Engineer should review the
site layout and comment as to the acceptability of site drainage.
Landscaping. While the revised site plan has been modified to
include 16 pine trees along the site's western border, and 25
additional junipers along a portion of its northern and eastern
boundary, several concerns still remain. The revised plan should
include further landscaping along the perimeter of the outdoor
storage area as illustrated upon Exhibit C of this report.
Also of concern is the intensity and maintenance of the Austrian
Pine trees located along the site's western border. It is
believed that a greater number of coniferous trees would provide
a more efficient visual screen. Also, some documentation will be
necessary verifying that permission has been granted by Country
Kitchen to place plantings on the said property. Documentation
should be conveyed either via an easement and letter with
maintenance procedures and responsibilities stipulated.
The Design and Review Committee suggests additional landscaping
be provided along the east lot line in front of the building.
This can be provided by increasing the parking and display area
setback and providing additional landscape materials.
CONCLUSION
The establishment of a full service automobile dealership in New
Hope is a new experience for the City. In this light, extensive
study was conducted to formulate an ordinance that would insure a
quality development.
The City is in a difficult position trying to resolve the final
issues surrounding the ordinance amendment, while simultaneously
applying the ordinance to a specific request.
Review of the proposed site would suggest that the proposed site
is being over utilized as evidenced by the amount of sales area,
the amount of parking, the proposed snow storage plan, the lack
of sufficient setbacks and the overall amount of impervious
surface. In attempt to resolve these issues as well as other
design concerns, the executive summary recommendations outline
the elements suggested to be met as a condition of approval.
The Planning Commission must determine if compliance with these
conditions satisfies the requirements for approval.
cc: Doug Sandstad
Exhibit
A - SITE LOCATION
CUSTOME~° PA RI(]~IG
I
FINqS~I~D
I I BOI~YRF. PAiRSHOP~&.COLLISION
m
Z
C~ ~'OME~ PARKJNG
AUTOHAUS
NEW HOPE, MINNESOTA
SITE PLAN
m
/-provide additional and.s.c, apin_q , . .=, .: ..... _ -~ ·
/ , _.-,*~ /proviae ~ setoacKs ~
. .
m
NOTES
AUTOHAUS
NEW HOPE, MINNESOTA
5
Z
F]~.S~EO
PARING
' prOvide,
;~setbacks
I I I
eliminate~ st~lls with poor access
· i FT. OP&O~JE
BODY SHOP'-& COLLISION
RE. PAIR
I
,.storag~-are'a-~t~ck and i~fi ..d~cap_i~g. t
%
SITE PLAN
Bonestroo
Rosene
Ander. lik &
Associates
Engineers & Architects
Otto G. Bonestroo, RE. Keith A. Gordon, RE?. Michael C. Lynch, RE. Mark D. ~'allis. RE.
Robert W'. Rosene, RE. Richard V,/. Foster, RE. James R. Maland, RE, Thomas R. Anderson, A.I.A.
Joseph C. Andeflilc P.E. Donald C. Burgardt, RE. Kenneth R Anderson, RE. Gary E Rylander, RE.
Richard E. Turner, RE. Jerry A. gourdon, RE. Mark R. Rolfs, RE. Miles B. Jensen, I~E.
James C. Olson, RE. Mark A, Hanson. RE. Robert C. Ru~ek. A.LA. L. Phillip Gravel IlL RE.
Glenn R. Cook, RE. Ted K. Field, RE. Thomas E. Angus. RE. Chades A. Edckson
Thomas E. Noyes, RE. Michael '~ I~utmann, RE. Howard A. Sanford, RE. Leo M. Pawelsky
Robert G. Schunicht RE. Robeff R. Pfefferle, RE. Daniel J. Edgerton, RE. Hadan M, Olson
Ma.,vin L. Sorvala, RE. David O. Loskota, RE. Mark ^. Seip. RE. Susan M. Ebedin,
Thomas '*~ Peterson, RE. Philip J, Caswell, RE.
November 27, 1989
City of New Hope
4401 Xylon Avenue No.
New Hope, MN 55428
Attn: Ms. Jeannine Dunn
Re: Auto Haus Addition
Our File No. 34 Gen.
Dear Jeannine,
We have reviewed the above plat and recommend the following:
1.) The curb sho%rn around the perimeter of the Auto Haus property shall be
concrete curb and not bituminous.
2.) Drainage from the property shall be contained within the property and col-
lected by storm sewer discharging to Old Dutch Pond. Overland drainage
will not be allowed to 01d Dutch Pond. In addition, runoff from the new
area to be acquired shall be collected in a new storm sewer system dis-
charging to Old Dutch Pond and not discharge into the existing 36" storm
sewer located along its east line. A 20' wide permanent drainage and
utility easement is required along the east line of the area to be
acquired which is the location of the existing 36" storm sewer discharging
to Old Dutch Pond.
3.) A grading plan has not been provided, however, the newly constructed park-
ing area should not be lower than elevation 912.5. The 100 year high
water level for 01d Dutch Pond is 912.0. In addition, it appears a re-
taining wall may be required along the west and south property line
abutting the school district property. The specifics of the wall and
grading plan are required prior to approval of the plat. The 01d Dutch
Pond easement exists along the south line of the plat. No grading will be
allowed within the pond easement.
4.) The surface area for Body Shop and Collision Repair Storage area is
crushed stone. It is our recommendation this area be paved with bitu-
minous including concrete curb to prevent gravel from washing into Old
Dutch Pond and the storm sewer system.
2335 West Highway 36 · St. Paul, Minnesota 55113 · 612-636-4600
City of New Hope
New Hope, MN
Re: File No. 34 Gen.
November 27, 1989
5.) The demolition of the Animal Hospital will require removal of the existing
sewer and water service. The disconnection of these utilities shall be
done in accordance with the Public Works Department.
If you have any questions, please contact this office.
Yours very truly,
BONE~TRO0, ROSENE, ANDERLIK & ASSOCIATES, INC.
Mark A. Hanson
MAH:li~
cc: Roger Paulson, Pub. Wks.
29
Page 2.
'!'
I
.... ~ 'ro ~ ,~c~tll[Z(~ C~ .....................
CZTY OF NEW HOPE
PL~ING CASE REPORT
Planning Case:
Request:
Location:
PID No.:
Zoning:
Petitioner:
Report Date:
Meeting Date:
89-25
Conditional Use Permit to Allow a Specialty
School in an I-1 Limited industrial Zoning
District
5004-5006 Hillsboro Avenue North
07-118-21 23 0012
I-1
Bill Munsinger/Munsinger Gymnastics
November 30, 1989
December 5, 1989
Backqround
The petitioner is requesting approval of a conditional use
permit to allow a specialty school in an I-1 (Limited
Industrial) zoning district, pursuant to Section 4.144(4) of
the New Hope Code.
In 1983, a conditional use permit was approved for the
Munsinger Gymnastics facility to be utilized at a building
located at 5100 Highway 169. The previous location as well
as the subject site were recently bought by Jon Miner of
Internatural Designs (Mello Smello). Mr. Miner's expansion
needs required that Mr. Munsinger's gymnastic facility be
moved to the 5004-5006 Hillsboro site.
Mr. Munsinger informed staff that he had to move before the
case could be considered by the Planning Commission and the
City Council. Staff told him that he would be undertaking
this as his own risk.
Staff has notified property owners within 350' of the site and
has received no comment to date.
Analysis
Section 4.144(4) of the code outlines the conditions which
must be met for approval of the conditional use permit.
ae
Hours - The code requires that the school may
operate between the hours of 6:00 a.m. and 10:00
Be
p.m. daily.
The petitioner has not provided the information on
hours to Staff. To the best of our knowledge, the
Petitioner has not violated those hours at his
previous location.
Scheduling of Special Events - The code requires
that all special events, such as exhibitions, be
scheduled on nights, week-ends, or holidays to
eliminate conflict with daily work traffic and
parking demand.
The Petitioner has not provided this information to
Staff.
Code Compliance - The code requires that the site
comply with City and State safety codes.
Staff has not been able to inspect the facility
since Mr. Munsinger's relocation.
Section 4.036 (10)(W) sets forth the parking requirement for
a gymnastic training school. The code requires one and one-
half spaces for every two pupils at student capacity.
Staff has no information relevant to the number of pupils at
Musingers.
Staff is concerned that, because of the location of the
parking stalls, they will not be utilized by the pupils at
the gymnastic school and will therefore result in on-street
parking.
Staff has prepared a site plan for the petitioner which is
attached as Exhibit A. Staff has contacted the petitioner
several times, but has not received the needed information.
Recommendation
Staff recommends that the request for a conditional use permit to
allow a specialty school at 5004-5006 Hillsboro be tabled until
January 2, 1990 so that the petitioner can provide information
needed to fully evaluate the request. Exhibit A - Site Plan
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case:
Request:
Location:
PID No.:
Zoning:
Petitioner:
Report Date:
Meeting Date:
89-26
Comprehensive Sign Plan Approval
5000 Winnetka Avenue North
08-118-21 23 0003
I-1 (Limited Industrial)
5000 Winnetka Partnership/Brad Hoyt
December 1, 1989
December 5, 1989
Backqround
The petitioner is requesting approval of a comprehensive sign
plan pursuant to Section 3.467 of the New Hope Code.
Comprehensive sign plan review is required for all commercial
and industrial properties with multiple tenants.
Analysis
Wall Signage:
The petitioner is proposing that each tenant have two signs.
One wall sign would have 12" letters, and a second wall
'placard (4' x 4') would be placed at the entry of the tenant.
The New Hope Code allows for one sign per tenant, and that
sign cannot exceed 100 square feet. In order to have a wall
sign, the tenant must have a separate entrance.
The petitioner's sign plan shows two signs each for two
tenants who are sharing an entrance. In addition, this space
has one certificate of occupancy to a single tenant. As a
result, the signage must be reduced to one sign that does not
exceed 100 square feet in area. (Exhibit A)
Ground Signage:
The tenant is proposing a 9'4" x 8' (75 square feet) ground
sign (Exhibit B). The maximum area per code is 75 square
feet. In addition, the ground sign must be located at least
10 feet from property lines.
Recommendation
Staff recommends approval of the comprehensive sign plan for 5000
Winnetka Avenue set forth in Planning Case 89-26 with the following
condition:
One sign per tenant, not to exceed 100 square feet, for
tenants having separate entrance.
Exhibits A:
B:
C:
Wall Signage
Ground Sign
Site Plan
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