120605 planning commission
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES December 6, 2005
City Hall, 7:00 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to
due call and notice thereof; Chairman Svendsen called the meeting to
order at 7 p.m.
ROLL CALL Present: Paul Anderson, Jim Brinkman, Tim Buggy, Kathi Hemken,
Jeff Houle, Roger Landy, Ranjan Nirgudé, Bill Oelkers, Tom
Schmidt, Steve Svendsen
Absent: Pat Crough
Also Present: Kirk McDonald, Director of Community Development, Steve
Sondrall, City Attorney, Kim Green, Community
Development Assistant, Pamela Sylvester, Recording
Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
PC05-18 Chairman Svendsen introduced for discussion Item 4.1, request for
site/building plan review for modifications to approved and existing
Item 4.1
building, 5555 Winnetka Avenue North, Eric Stafford/Wireless Toyz,
Petitioner.
Mr. Kirk McDonald, director of community development, explained that
the petitioner was requesting site and building plan review to allow wall
signage and canopies other than what was originally approved. The
primary changes are the removal of the existing canopy, installation of
fabric awnings, addition of gooseneck lighting, and new signage above the
building entry door.
The site is located at the southwest corner of Bass Lake Road and
Winnetka Avenue, the zoning is community business district, and the site
area contains 2.35 acres. The total building area contains 15,457 square
feet, with Wireless Toyz, the ancillary retail space, utilizing 2,430 square
feet.
The petitioner, Mr. Eric Stafford, is the owner-operator of Wireless Toyz,
which sells wireless products to consumers and businesses. The tenant
bay will be leased from CVS Pharmacy. Wireless Toyz is a wireless
franchise with operations in 21 states. The tenant proposes to alter the
existing, approved building architecture and signage by removing the
existing aluminum canopy and replacing it with cloth awnings over the
windows. The change is needed to fit a 54-square foot lit building sign
above the entry door to the tenant bay. A sign up to 100 square feet is
permissible under the building’s signage plan. A monument sign on
Winnetka Avenue will also be changed to incorporate the Wireless Toyz‘s
logo. Staff feels this minor change is within the scope of the approved
signage.
The Planning Commission and City Council approved the CVS Pharmacy
project in May 2004. The approved plans included a dark-colored
aluminum canopy of the tenant bay. The proposed changes include the
removal of the existing canopy and support structure and replacement of
the canopy with yellow awnings.
McDonald stated that the planning consultant recommended that these
changes be brought back to the Planning Commission and City Council
for review and approval, due to the fact that the building’s signage and
architecture was specifically tied to the CVS site and building plan
approval and that any changes from the approved plans should be
reviewed again by the commission and council. City code section 4-35
states that any amended site plan involving major changes as defined by
the zoning administrator shall be applied for and administered in a
manner similar to that required for a new site plan.
The petitioner submitted correspondence stating: 1) existing canopy
would be removed and installation of a standard Wireless Toyz sign and
awnings package, 2) “branding” was important to the success of the
business, 3) proposed changes were approved by CVS pending city
approval, 4) one-stop shop for all wireless needs, 5) another five to seven
stores would be open in the Twin Cities by the end of 2006, 6) currently
there are 115 stores in 21 states, 7) New Hope is underserved by the
cellular industry, and 8) this would be an owner—operated store.
The zoning code does not require published notification for site and
building plan review.
The development review team met to discuss the project and made the
following comments: 1) new lighting must be 90-degree cutoff and
shielded, 2) biggest concern was that the building façade be fully restored
including matching color and finish of existing structure, 3) Police
Department requested additional lighting be installed above the front
door and directed downward, 4) written approval of the building
modifications be obtained from the building owner, and 5) new business
must comply with city’s signage requirements including: 25% maximum
window area for signage, no outdoor display or sales, signage to be in
working order including full illumination.
The Design and Review Committee met with the applicant to discuss the
project and discussed the same concerns. The committee also requested
clarification for trash handling on the site.
Mr. McDonald reported that the petitioner submitted revised plans which
confirmed their understanding to restore the building façade after canopy
removal, added a box-type light fixture above the entry door, described
the hours of operation (9 a.m. to 8 p.m. Monday through Friday, 12 to 6
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Planning Commission Meeting December 6, 2005
p.m. Saturday, and 12 to 5 p.m. on Sunday), provided written
communication from CVS regarding building changes, provided details
on burglar alarm system and video monitoring system including motion
sensors, door contacts, indoor siren, and three color dome cameras. A
description of trash handling was provided which stated they would be
using the existing enclosure on the site.
The Wireless Toyz wall sign would be approximately 54 square feet,
measuring 4’-11” high by 11’ wide. The sign would protrude
approximately 15” from the building face and consist of an illuminated
blue oval upon which “Wireless” is printed in yellow letters that extend 5”
off the blue oval. Under the wireless text, the word “Toyz” is laid out
slightly askew on a white background with raised text similar to the
wireless portion. The phrase “Your Cellular Superstore!” appears under
the main sign in white-outlined red text. This portion of the sign is 5”
deep letter construction.
The current building has a canopy across the entire front of the tenant bay
and has support cables extending to the building. Canopy removal is
necessary to accommodate the proposed sign size and location. Bright
yellow awnings are proposed over the two front windows. Staff requested
information regarding the cleaning and maintenance of the awning. The
awnings are made of a “Sunbrella” outdoor fabric and each awning would
be 27” high, 10’-6” long and 18” deep. Six gooseneck lights would be
added above the proposed yellow awnings. A box fixture would be
installed above the entrance door, directing the light downward.
The exterior building material is a synthetic stucco material called EFIS
(exterior insulating finish system-an exterior wall cladding system
consisting of polystyrene foam board with a textured acrylic finish
resembling stucco). When the canopy and guy lines supporting the
canopy are removed, the building wall will require restoration. Due to the
fact that the building surface can be difficult to match in color and
texture, staff is concerned that the repair does not appear as a “patch job.”
The Design and Review Committee requested information on the how the
restoration would be accomplished and the petitioner had indicated he
would hire the original building contractor to complete the building
modifications. McDonald indicated there would be no signage changes on
the reader board sign on Bass Lake Road. It was the city’s understanding
that CVS may have “Wireless Toyz” scroll across the sign occasionally.
The Wireless Toyz logo would be added at the bottom of the monument
sign on Winnetka Avenue. McDonald added that CVS had agreed to let
Wireless Toyz utilize the trash enclosure at the south side of the building.
Mr. McDonald stated that staff was recommending approval subject to
the conditions as listed in the report.
Mr. Eric Stafford, 2219 Longacres Drive, Chanhassen, came forward to
address the Commisison. Mr. Stafford stated he would be the owner-
operator of the New Hope location. He stated he was excited about the
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Planning Commission Meeting December 6, 2005
location and felt New Hope was underserved with regard to wireless
communication toys. There are many corporate stores in the Twin Cities,
however, Wireless Toyz offers a one-stop shopping experience with great
customer service. There would be approximately seven staff (4 part-time
and 2 full-time plus himself). Mr. Stafford explained that the existing
canopy and supports did not allow for the proposed signage they desired.
They also have stores in Minneapolis and Lakeville, and the Champlin
store would open soon. Customers identify the stores by the color scheme
and signage.
Chairman Svendsen asked for further clarification on the trash storage
and Mr. Stafford replied that he obtained confirmation from CVS after the
revised plans were submitted and would forward that information to
staff. He stated that trash is picked up once a week and that he proposed
to pay for a second pick up each week. The two businesses would share
the dumpster.
Commissioner Brinkman wondered what text would be on the monument
sign along Winnetka Avenue and was told that “Wireless Toyz” would be
added to the bottom of the sign.
Commissioner Landy stated he was very concerned about the restoration
of the building. Mr. Stafford stated he had been in contact with Bob
Copeland, general contractor, and AME, the structural company that
installed the awning. Stafford stated he does not have a bid on this work
yet, but was prepared to do what was needed. Landy reiterated that the
city had no assurances that the building could be restored properly. In
answer to Landy’s next question, Stafford stated that the other stores were
separate franchises.
Commissioner Nirgudé stated he liked the color scheme of the store and
welcomed Mr. Stafford and his business to New Hope. He wondered
whether the petitioner could add another sign along Bass Lake Road in
the future and it was determined he would need to submit another
planning application. Mr. Stafford indicated he would like to have his
logo on the Bass Lake Road pylon sign as vehicles traveling east cannot
see his location. Nirgudé questioned whether there would be longer store
hours during the holidays. Mr. Doug Imholte, area developer for Wireless
Toyz, stated that weekday hours are 9 a.m. to 8 p.m. Each individual
franchisee can modify the hours according to the community’s codes.
Saturday hours are 10 a.m. to 6 p.m. and Sunday hours are 12 to 5 p.m.
Mr. McDonald stated the hours of operation could be extended and meet
city code. Mr. Stafford stated that the store would open approximately
March 1, which would be a 45-60 day timeframe from when the landlord
would turn over the tenant bay to him. Nirgudé questioned whether there
would be an inspection of the change over of the canopies and was told
that a building permit would be required for removing the existing
canopy and the installation of the new canopies and several inspections
would be required. McDonald added that if the restoration did look like a
patch job, the city may require them to fully resurface the front of the
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Planning Commission Meeting December 6, 2005
building. It was noted that the building official was very thorough with
regard to inspections and having the job completed properly.
Mr. McDonald added that this application was being expedited for the
applicant and would be considered by the City Council at the December
12 meeting, due to the fact that the second meeting in December had been
canceled.
Commissioner Houle initiated discussion of the EFIS restoration and
whether it could be accomplished in January and February. It was noted
the work would have to be acceptable to the building official prior to the
issuance of a certificate of occupancy.
Commissioner Anderson asked for clarification of the parking area and
whether there was enough parking for CVS and the ancillary space.
McDonald confirmed that the original plan was approved for inter-mixed
parking for the two businesses.
The fabric sample for the awnings was provided for the commissioners to
see. Commissioner Hemken wondered how often the awnings would be
cleaned and how it would be done. Mr. Stafford indicated that he would
clean the awnings when needed by hosing them off or by using a power
washer in the summer months and would hire someone in winter. It was
noted the awnings would not be back lit.
Commissioner Nirgudé initiated discussion regarding the initial CVS
plans with a proposed restaurant use in the space. Mr. McDonald
responded that the site is zoned CB, Community Business, and a variety
of retail uses are allowed by code. The city did not contribute any money
to the redevelopment, therefore, there was no development agreement
and the city did not have any control over what retail use was located in
the tenant bay. The city indicated to CVS it would like to see a food use,
however, United Properties, the leasing agent, reported that the
surrounding area was saturated with coffee shops and no one was
interested in locating in that space.
It was confirmed that the canopy fabric was water resistant.
There was no one in the audience to address the Commission; the public
hearing was closed.
Motion by Commissioner Landy, seconded by Commissioner Schmidt, to
close the public hearing on Planning Case 05-18. All voted in favor.
Motion carried.
MOTION Motion by Commissioner Oelkers, seconded by Commissioner Buggy, to
Item 4.1 approve Planning Case 05-18, request for site/building plan review for
modifications to approved and existing building, 5555 Winnetka
Avenue North, Eric Stafford/Wireless Toyz, Petitioner, subject to the
following conditions:
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Planning Commission Meeting December 6, 2005
1.Restoration of the building façade must match the color and texture
of the existing EFIS façade (exterior insulating finish system), and
must be approved by building official.
2.The applicant may share existing monument sign space with CVS,
provided the size of the sign is not increased.
3.Ground signage may not be increased in number or size.
4.Compliance with sign code regarding 25% maximum window area
for interior signage.
5.signage shall remain in working order, including full illumination.
6.Applicant must identify the material of the awning and its
maintenance and cleaning.
7.Any additional lighting must be 90 degree cutoff lighting to prevent
glare and spillover to adjacent properties.
8.No outdoor displays or sales will be allowed.
9.Written approval from CVS for trash storage on site, specifically use
of dumpster enclosure.
Voting in favor: Anderson, Brinkman, Buggy, Hemken, Houle, Landy,
Nirgudé, Oelkers, Schmidt, Svendsen
Voting against: None
Absent: Crough
Motion carried.
Svendsen stated that this planning case would be considered by the City
Council on December 12, and he welcomed Mr. Stafford to New Hope.
Design and Review Svendsen reported that the Design and Review Committee met with the
petitioner in November. McDonald added that staff was not aware of any
Committee
applications for the January Planning Commission meeting.
Item 5.1
Commissioner Houle reported that he had attended the School District’s
open house at Cooper High School the regarding the potential
renovations to the athletic complex at Cooper. The school is located in a
residential district and was an approved use through a conditional use
permit. He questioned whether the School District would need to come
back to the city for an amendment to the CUP for the proposed
renovations or for changing the language in the original 1994 agreement
and the modified 1997 amendment regarding the use of the complex and
the number of nighttime events. Houle stated that the district was
proposing to install artificial turf at both Cooper and Armstrong fields
and renovate the turf at the baseball/softball fields. He stated the issue as
he heard from residents was the number of nighttime events at the
Cooper stadium, lighting, traffic, and the PA system. Some residents
stated they enjoyed the Friday night football games and the PA did not
bother them. Another resident was very upset about it. Essentially, the
district admitted to being in violation of the CUP because they were
holding more events at the stadium now than what was allowed. Mr.
McDonald indicated that the School District holds a monthly meeting
with all their cities. The city manager attends as well as a City Council
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Planning Commission Meeting December 6, 2005
representative, and the city manager indicated to Mr. McDonald after the
last meeting that the School District was aware of all the issues and would
be working on addressing the issues prior to proceeding through the city
process. The city received a copy of the open house notice.
Codes and Standards Commissioner Hemken stated that the Codes and Standards Committee
did not meet in November.
Committee
Item 5.2
OLD BUSINESS There was no old business.
Miscellaneous Issues
NEW BUSINESS Motion was made by Commissioner Landy, seconded by Commissioner
Buggy, to approve the Planning Commission minutes of November 1,
2005. All voted in favor. Motion carried.
The commission discussed the status of the City Center Advisory Group,
and Commissioner Landy reported the City Council had authorized staff
to obtain an appraisal of the Winnetka Center. Mr. McDonald added that
after the appraisal was obtained, the Council would establish goals for the
project, and then interview the 19 applicants and appoint the advisory
group after the first of the year. Three planning commissioners had
applied.
Commissioner Oelkers commented that a “for rent” sign was on the
Kmart property and it was noted that Big Lots was closing at the end of
the year.
Chairman Svendsen questioned the timeframe for the Comprehensive
Plan update and McDonald indicated a proposal had been requested from
the planning consultant which would be presented to the City Council in
the first quarter of 2006.
Commissioner Houle initiated discussion on the planning process for the
Bass Lake Road Apartment development and he wondered why the
Planning Commission was not involved sooner in the process to help
analyze the proposals. McDonald explained that the Planning
Commission had not played that role in the past and had acted only on
formal applications. McDonald stated the City Council had indicated it
would like the Planning Commission to be more involved from the
beginning of a development proposal. The City Council would like to
make use of the expertise of the planning commissioners up front.
McDonald stated that a developer, PariPassu/Trio Development, had been
selected for the Bass Lake Road Apartment site. Staff was just beginning to
meet with the developer. After a concept plan was completed, he would
request that the developer bring the plan before the Planning Commission
for review and comment, which may take place in February. Starting in
2006, he suggested inviting the neighbors to the Planning Commission
meeting at the concept stage so the commissioners can listen to public
comment from the neighbors and the commissioners give their input at
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Planning Commission Meeting December 6, 2005
the concept plan stage. The developer then could revise plans
accordingly. McDonald stated he would like to see a similar process
utilized for the vacant seven-acre, city-owned property north of the
railroad near 52nd and Pennsylvania avenues. At this time, staff was
working on a draft request for proposals for developers. He would
suggest to the City Council that, prior to sending out the request for
qualifications/ proposals, the Planning Commission review and comment
on the proposal, along with inviting the neighborhood in to review the
proposal and let them know that the city was considering developing that
property. The Planning Commission could also be involved in reviewing
the proposals that come in from developers. Landy reiterated that the
Commission had never been asked to be involved early in the process.
The Commission concurred that it would like to be involved early in the
development process. Houle suggested that the Planning Commission be
invited to join the Council at a work session discussion on development
plans to get feedback from 11 interested citizens/planning commissioners
prior to voting on development plans. McDonald added that the City
Center redevelopment would be another opportunity for Planning
Commission input early in the process.
Commissioner Oelkers congratulated the City Council on the decision to
work with Pari Passu/Trio Development on the redevelopment of the Bass
Lake Road Apartment site.
ANNOUNCEMENTS Chairman Svendsen extended his wishes to the Commission for a happy
and safe holiday season.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:48
p.m.
Respectfully submitted,
Pamela Sylvester
Recording Secretary
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Planning Commission Meeting December 6, 2005