010588 Planning AGENDA
PLANNING COMMISSION MEETING OF JANUARY 5, 1988
CITY OF NEW HOPE, MINNESOTA
7:30 p.m.
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC HEARINGS
3.1 Case 88-1 - Request for Conditional Use Permit to Allow a
Home Electrolysis Occupation
3425 Hillsboro Avenue North
Howard and Ester Warsett,
Petitioners
3.2 Case 88-2 - Request for Variance to Required 35 Foot
Corner Lot Sideyard Setback
4884 Erickson Drive North
New Community Builders/Rick Digatono,
Petitioner
3.3 Case 88-3 - Request for Conditional Use Permit to Allow
Church Services at Cooper High School
8230 47th Avenue North
Church of Open Door/Timm Lundberg
3.4 Case 88-4 - Request for Conditional Use Permit to Allow
Outdoor Storage
9301 Science Center Drive
Science Industry Park Company/Gary Nordness,
Petitioner
4. COMMITTEE REPORTS
4.1 Report of Design and Review Committee
4.2 Report of Codes and Standards Committee
5. OLD BUSINESS
5.1 Proposed Ordinance 87-13 - An Ordinance Amending the Zoning
and Sign Code to Provide Exclusive Tenant Parking in Shopping
Centers.
6. NEW BUSINESS
6.1 Approval of Planning Commission Minutes of December 1, 1987.
Planning Commission Agenda - January 5, 1988
Page 2
6.2 Review of City Council Minutes of November 9, 1987, and
November 23, 1987, and December 14, 1987.
6.3 Review of HRA Minutes of October 26, 1987, and November 9,
1987.
7. ANNOUNCEMENTS
8. ADJOURNMENT
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 88-1
Request: Conditional Use Permit to Allow a Home
Electrolysis Occupation
Location: 3425 Hillsboro Avenue North
Zoning: R-1 "Single Family Residential"
Petitioner: Howard and Ester Warsett
Date: January 5, 1988
BACKGROUND
1. The petitioners are requesting a conditional use permit to
allow a home occupation as provided by Section 4.038(4) of
the New Hope Code of Ordinances. The petitioners desire to
start an electrolysis business in the basement of their home.
2. Property owners within 350 feet have been notified. Staff
has received no comments to date.
~NALYSIS
1. Section 4.038(4) of the New Hope Code establishes the
criteria for approval of a conditional use permit to allow a
home occupation. The criteria include:
1. That the business creates no adverse impact on the
neighborhood;
2. That all exterior changes are screened;
3. That all interior changes comply with applicable codes;
and
4. That traffic created by the business will not constitute
a hazard or nuisance.
2. The attached application from the property owner identifies
how the petitioners intend to meet the first three criteria.
The petitioners have also indicated to staff that they
estimate there will be approximately 5 customers per week.
The customers spend 15 minutes to one hour per visit.
Staff has sketched a floor plan which illustrates the area of
the basement utilized for electrolysis.
Planning Case Report 88-1
Page 2
3. The petitioners are not proposing signage or business
identification.
4. Staff has found that at this time, the state departments of
health and commerce do not regulate this type of business at
this time.
RECOMMENDATION
Staff recommends approval of the conditional use permit to allow a
home electrolysis occupation at 3425 Hillsboro, as proposed in
Planning Case 88-1, subject to an annual inspection by city staff.
Attachments: Planning Case Application
Sketch (29 December 1987)
City of New Hope
4401 ×ylon Avenue North
A~ICAN~ (~ OCher ?ban Owne~) ~ame: ~ ~hone:
PLEASE PRINI
~a~e o~ ~egal o~ ~q~1tabte I~te~est
ShouLd Request ~e Granted:
Applicant acknowledges that s/he understands that. before this request can be considered and/or
approved, all fees, Znciuding the basic zoning fee and any zo~zng deposts must be oald to the
city and that, if additional fees are required to cove~..~/s incurred b~.the c!ry, [ne city
manaaer,, has%.~._.~a rich?_ / /' }~'-~/~]L~-~L--~A~/~t'° recuire add!tional ~avmenr.~~~~~ '
Signed: ~C~
' Fee/O~r / - c.~L~a~ r ~ ~ .....
Other Owner [n Chazn ol Title Purchaser by Purchase Agreemen[
Other Owner in Chain o~ Title Applicant Other Than Owner
FOR CITY USE ONLY ~ /
Evidence of Ownership SuDmitted: Yes No V_~__~Required
Certified Lot Survey: Yes /No~Requlred
Legal Description Adequate: Yes o
Leqal Ad Required: Yes__ No ~
Date o~ Deszgn and Review Meetlnq:
Dale of ~lann~ng Commission Mee/lng:
Approved: Denied: By Flannlnq Commission on:
Approved: Denied: By Counczl on:
Subject to the following conditions:
-d
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 88-2
Request: Variance to Required 35 Foot Corner Lot
Sideyard Setback
Location: 4884 Erickson Drive North
Zoning: R-1 "Single Family Residential"
Petitioner: New Community Builders/Rick Digatono
Date: January 5, 1988
BACKGROUND
1. The petitioner is requesting a one foot variance from the
required 35 foot sideyard setback pursuant to Section
4.024(4) (b) (i) of the New Hope Code of Ordinances. Please
note that this is a corner lot at 49th Avenue North and
Erickson Drive. 49th Avenue requires a 35 foot sideyard
setback.
2. Property owners within 350 feet of the site have been
notified. Staff has received no comment to date.
ANALYSIS
1. The purpose and criteria for approval of a variance is
located in Section 4.22 of the New Hope Code.
2. The lot size meets the requirements as established by City
Code.
3. The petitioner is proposing to build a 1,226 square foot
house.
4. The structure could be built facing west with the garage on
the south side five feet from the property line with a
variance, however the structure would then be facing 49th
Avenue and industrial property. In addition, it is common
practice to place the non-habitable space of the garage on
the north side of the home.
5. A storm sewer catch basin is built into the curb on the west
side of the lot, in the most southern section (approximately
15 feet from the property line). The location of this catch
basis further limits the placement of the house.
Planning Case Report 88-2
Page 2
6. Reduction of the sideyard setback from 35 feet to 34 feet
will have a negligible effect on the setback. This is the
only undeveloped corner lot in this area, and approval of
this variance will not create a precedent.
7. Staff has noticed that the stakes are not placed
appropriately on the lot and has notified the petitioner.
The placement of the stakes indicates that a one foot
variance would be needed along the south property line. This
is not the petitioner's proposal.
RECOMMENDATION
Staff recommends approval of the request for a one foot variance
from the required 35 foot sideyard ~setback at 4884 Erickson Drive
as presented in Planning Case 88-2.
Attachment: Lot Survey (12 December 1987)
CERTIFICATE OF SURVEY
FOR CITY OF NEW HOPE
LEGAL DESCRIPTION
Lot / , Block!
_P]-U FKA..F I RST ADD I T I ON.
Hennepin. County, Minnesota
...... : i
~~~E ILA TES We h.r.~V
!1
the boundaries of the above described land and of the location of all buildings.
~ ,~NC, if any, thereon, and all visible encroachments, it any, trom or on sa)d land.
&
ASSOCIA
I' ENGINEERS. SURVEYORS. SITE PLANNERS Il As surveyed this day of. 19
Boone Avenue' North · Suite E 6:5 Minn. R~g. No.
J Brooklyn Pork, Mlnnemoto 55428 Landeurveyor
J_ Tolephone~ (612) 5:~5-7595 Job No. Book
Page
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 88-3
Request: Conditional Use Permit to. Allow Church
Services at Cooper High School
Location: 8230 47th Avenue North
Zoning: R-1 "Single Family Residential"
Petitioner: Church of the Open Door/Timm Lundberg
Date: January 5, 1988
BACKGROUND
1. The petitioner is requesting a conditional use permit to
allow a church in an R-1 "single family residential" district
pursuant to Section 4.054(1) of the New Hope Code of
Ordinances. The Church of the Open Door has been utilizing
Cooper High School since June 1, 1987.
2. Property owners within 350 feet of the school have been
notified. To date, staff has received no comment.
ANALYSIS
1. The criteria for approval of a conditional use permit to
allow a religious facility are contained in Section 4.054(1)
of the New Hope Code.
2. The Church of the Open Door utilizes 13 classrooms and the
school auditorium for Sunday church activities. The
classrooms total approximately 10,920 square feet and the
auditorium is approximately 5500 square feet of leased space.
The auditorium seats 850 people.
The church has indicated that each classroom is utilized by
an average of 15 children. The auditorium is utilized twice
each Sunday morning (9:00 a.m. and 11:00 a.m.). Between 600
to 700 persons attend each service according to church
personnel.
3. The schoOl district has informed city staff that all
emergency exits can be utilized with the exception of those
located in the auditorium.
4. The parking required for this facility is defined in Section
4.036(10) (g). The code requires at least one space for each
Planning Case Report 88-3
Page 2
three seats based on the design capacity of the main assembly
hall.~ According to information received by city staff, the
auditorium seats 850. Therefore, 283 parking stalls are
required. Cooper High School has 480 parking.stalls.
5. The majority of the streets surrounding Cooper High School
are designated "No parking during school hours", "No parking
? a.m.-3 p.m. M-F", or "Resident Parking Only". The City has
received complaints regarding church parishioners parking on
the street during Sunday morning.
RECOMMENDATION
Staff recommends approval of the request for a conditional use
permit to allow church services in an R-1 zone as proposed in
Planning Case 88-3, subject to annual staff inspection.
Attachments: Floor Plans (3)
11
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 88-4
Request.: Conditional Use Permit to Allow Outdoor
Storage
Location: 9301 Science Center Drive
Zoning: I-1 "Limited Industrial"
Petitioner: MacDermid, Inc./Gary Nordness
Date: January 5, 1988
BACKGROUND
1. The petitioner is requesting a conditional use permit to
allow outdoor storage in an I-1 "Limited Industrial" zone
pursuant to Section 4.144(1) of the New Hope Code of
Ordinances. The petitioner plans to store three vehicles as
identified on the attached site plan.
2. Property owners within 350 feet of this request have been
notified. Staff has received no comments to date.
3. The property was developed in 1978 as a multiple occupant
warehouse by the Rosewood Corporation.
ANALYSIS
1. Section 4.144 of the New Hope Code describes the conditions
for approval of a permit to allow outdoor storage. Outdoor
storage must be an accessory use; must be screened from
residential property~ and the outdoor storage surface~must be
grassed or surfaced to control dust.
2. Staff has observed trash dumpsters stored on the property
which are not screened in compliance with Section 9.111(5).
This section of the code requires that "industrial,
commercial, multi-residential uses shall provide screening
for their waste containers so as to screen the containers
from sight off the premises on which located".
Through review of the plans, it appears that this development
was approved without the required screening. An option for
correction of this deficiency is to provide a 6 foot
screening fence on the west side of the property extending
west from the building to the lot line.
Planning Case Report 88-4
Page 2
RECOMMENDATION
Staff recommends approval of the conditional use permit to allow
outdoor storage in an I-1 district as proposed in Planning Case
88-4.
Attachment: Site Plan (14 October 1977)
MEMORANDUM
TO: Planning Commission
FROM: Daniel J. Donahue, City Manager
SUBJECT: Proposed Ordinance 87-13
An ordinance Amending the Zoning and Sign Code to
Provide Exclusive Parking in Shopping Centers
DATE: January 5, 1987
Attached to this memorandum is a proposed ordinance which would
allow exclusive tenant parking in shopping centers. The Codes
and Standards Committee reviewed this proposed ordinance at their
December 15, 1987 meeting. I have also enclosed a memorandum
from the city Planner which summarizes the Codes and Standards
Committee's discussion as well as a recommendation.
City staff maintains its recommendation that a maximum of 10
percent of the parking stalls at a shopping center be allowed for
designation by a specific tenant. The tenants receiving this
designation would be at the discretion of the shopping center
owner. In addition, the City would not be involved in
enforcement of these parking restrictions.
Allowing a certain percentage of parking spaces to be designated
for a specific tenant will create some flexibility in the code.
It will also accommodate convenience type business located
adjacent to heavy commercial users which utilize longer time
parking.
In Section 3, the city Attorney has left the height and size of
sign requirements blank. Staff recommends a maximum of 6 feet
high, a minimum of 4.5 feet high, and a maximum area of 1.2
square feet for ground signs erected for exclusive parking.
Attachments: Proposed Ordinance 87-13
Planner's Memorandum (17 December 1987)
northwest associated consultants, inc.
TO: ~ew Hope Planning Commission
F~OM: Alan Brixius
DATE: 17 December 1987
RE: New Hope - Exclusive Tenant Parking in Shopping Center Lots
FILE NO: 131.00 - 87.02
On December 15, 1987, the Codes and Standards Committee met to discuss the proposed
Zoning Ordinance Amendment No. 87-13 addressing exclusive tenant parking in shopping
centers. At the direction of the Codes and Standards Committee, we have summarized
the Committee's discussion and recommendation in this report.
Upon their discussion, the New Hope Codes and Standards Committee concluded that
they .could not endorse the proposed amendment allowing exclusive parking for
individual shopping center tenants. The basis for their decision is as follows:
1. The provision of exclusive tenant parking in a shopping center is contrary
to the City's planning efforts to establish a unified common retailing
identity for the New Hope City Cente~ area.
2. The current Zoning Ordinance emphasizes the required shared parking for shopping
centers. Through a shared parking arrangement, the parking demand for individual
tenants is reduced due to tenant mixture, differing peaking business hours, and
the ability for tenants to share available unused parking stalls. Recognizing
this, the City ordinance requires fewer parking stalls per square foot of floor
area for shopping centers than for independent freestanding businesses.
TSe introduction of exclusive tenant parking would require the site to provide
parking sufficient to meet the individual needs of each tenant rather than a
cooperat~e ~arki~g arrangement.
The City was recently requested to revise the parking stall dimension standards
o~ the basis of a potential parking shortage at the New Hope Mall site. The
prol)ose¢l e×cl~sive tenant parking on this site will serve to further emphasize
t~is parki~..q shortage.
excelsior blvd., ste. 41 O, minneapolis, mn 55416 (612) 925-9420
_ New-,HoJ~e Planning Commission
17 December 1987
P~ge Two
4. The Codes aha Standards Committee indicated that 10% of the required parking
~'as a~ excessiYe amount of parking that should be designated for exclusive
~arkin. 9.
5. The City has received a number of calls opposed to the current exclusive
pe~rkin9 situation or req!~esting similar treatment for their business. The
proposed ordinance does ~ot address how the exclusive parking will be dis-
trib~ted a~ng the shopping center tenants or how the parking restrictions
~ill be enforced. T~e ~roposed ordinance provides no assurance for equitable
treatment of tenants.
The Codes and Standards Committee cannot endorse the City's intervention in
tSe mitigation or enforcement of the parking restrictions on private property.
RECOMMENDATION
Based upon their review, the Codes and Standards Committee does not endorse proposed
Ordinance No. 87-13. The Codes and Standards Committee does make the following
recommendations to be considered in resolution of this issue.
1. The Codes and Standards Committee do not wish to permit exclusive shopping
center tenant parking, unless the exclusive parking stalls are in excess
of the required number of parking stalls for the overall shopping center.
2. The Codes and Standards Committee will not endorse any City involvement in
the mitigation or enforcement of parking restrictions on private property.
3. The Codes and Standards Committee would consider a zoning amendment that
would establish short-term parking aqeas 'in shopping center parkdng lots to
serve tenants having short-term parkfng needs. This amendment should include
the fo]lowing conditions:
a. The amount of short-term parking be limited to no more than 5% of the
req~ired parking of the shopping center.
~.~ ~Ne short-term ,parking be available to all shopping center tenants.
Dam Oonahue
Steve So~ratl
ORDINANCE NO. 87-13
AN ORDINANCE AMENDING THE
ZONING AND SIGN CODE TO PROVIDE
EXCLUSIVE TENANT PARKING IN SHOPPING CENTERS
The City Council of the City of New Hope ordains:
Section 1. Section 4.022 (124) "Shopping Centers" of the
New Hope City Code is hereby amended to read as follows:
(124) Shopping Centers. An integrated grouping of individual
retail and service stores located in one or more
principal buildings, sharing parking but allowing for a
minimum of exclusive tenant parking as set forth in
§4.036 (10)(z)__°f this Code, sharing entrance and exit
areas and under single ownership or unified control.
Shopping centers are planned unit developments and
processed accordingly.
Section 2. Section 4.036 (10)(z) "Shopping Centers" of the
New Hope City Code is hereby amended to read as follows:
(z) Shopping Centers. Exclusive tenant parking may be
designated by appropriate signage per §3.467 (3)(a) of
this Code for not more than 10% of the parking spaces
required by this section. The remaining spaces shall
be shared by all tenants of the center without
restriction.
(i) 0 - 2U,000 square feet of building area - ten
spaces per one thousand square feet.
(ii) 20,001 - 30,000 square feet of building area -
eight spaces per one thousand square feet.
(iii) 30,001 square feet and over of building area - six
spaces per one thousand square feet.
All areas are cumulative and refer to gross leasable
building area and do not include covered or enclosed
walkways, malls or lanes between stairs and similar
public areas not intended or used for sales, display or
other commercial purposes.
Section 3. Section 3.467 (3)(a) ".Shopping Centers" of the
New Hope City Code is hereby amended to read as follows:
(a) Shopping Centers. Shopping centers containing more
than four separate and distinct occupancies may erect
only one ground sign per street frontage (single or
double faced) to be used as an identification sign for
the shopping center. Said ground sign may not exceed
two hundred square feet in area, nor thirty feet in
height and must be set back a minimum of twenty feet
from all property lines. Shopping centers which have
designated exclusive tenant parking per §4.036 (10)(z)
of this Code ~a¥ erect individual ground signs for each
parkinq space exclusively designated for a particular
tenant within the center. The siqn must be located at
the front and middle of each space, may not exceed
feet in height or be more than square
feet in area.
Section 4. Effective Date. This ordinance shall be
effective upon its passage and publication.
Dated: , 1987.
Mayor
Attest:
City Clerk
(Published in. the New Hope-Golden Valley Post on the day of
, 1987.)