071106 Planning
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT BUSINESS
4. PUBLIC HEARING
4.1 Case 06-08
4.2 Case 06-09
4.3 Case 06-10
?f
PLANNING COMMISSION MEETING
City Hall, 4401 Xylon Avenue North
Tuesday, July 11, 2006
7:00 p.m.
Request for rezorung from CB, community business, to R2, single and
two-family residential, preliminary plat for property to be known as
Louisiana Terrace, and variance for lot area to allow construction of two
zero-lot line twinhomes, 5551 Louisiana Avenue North, Terry Veigel,
Petitioner
Request for site/building plan review and conditional use permit for
daycare and school addition, 4240 Gettysburg A venue North, Holy
Trinity Lutheran Church, Petitioner
Consideration of an ordinance amending the New Hope Sign Code
Section 3-40, city of New Hope, Petitioner
5. COMMITTEE REPORTS
5.1 Report of Design and Review Committee - next meeting July 13, 7:30 a.m.
5.2 Report of Codes and Standards Committee
6. OLD BUSINESS
6.1 Miscellaneous Issues
A. PC06-08, 5551 Louisiana Avenue, extend 60-day time limit- approved
B. PC06-04, 4301 Quebec, final plat - approved
C. PC06-06, New Hope Quebec Addition final plat - approved
D. PC06-09, 8401 27th Place, single family home variance - approved
E. Comprehensive Plan Amendments, Crystal, Plymouth, Robbinsdale - approved
7. NEW BUSINESS
7.1 Review/Approval of Planillng Commission Minutes of June 6, 2006
7.5 Discuss Design Guidelines
8. ANNOUNCEMENTS
9. ADJOURNMENT
o Petitioner must be in attendance
Planning Commission Guidelines for Public Input
The Planning Commission is an advisory body, created to advise the City Council on land use. The
Planning Commission will recommend Council approval or denial of a land use proposal based upon
the Planning Commission's determination of whether the proposed use is permitted lmder the Zoning
Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the
surrounding neighborhood.
The Planning Commission holds informal public hearings on land use proposals to enable you to learn,
first-hand, what such proposals are, and to permit you to ask questions and offer comments. Your
questions and comments become part of the record and will be used by the COlmcil, along with the
Planning Commission's recommendation, in reaching its decision.
To aid in your lmderstanding and to facilitate your comments and questions, the Planning Commission
will utilize the following procedure:
1. The Planillng Commission Chair will introduce the proposal.
2. City staff will outline the proposal and staff's recommendations all.d answer any questions from the
Planning Commission.
3. The petitioner is invited to describe the proposal, make comments on the staff report, and answer
questions from the Planning Commission.
4. The chair will open the public hearing, asking first for those who wish to speak to so indicate by
raising their hands. The chair may set a time limit for individual questions/comments if a large
number of persons have indicated a desire to speak. Spokespersons for groups will have a longer
period of time for questions/comments.
o. When recognized by the chair, the person wishing to speak is asked to come forward and to give
their full name and address clearly. Remember, your questions/comments are for the record.
6. Direct your questions/comments to the chair. The chair will determine who will answer your
questions.
7. No one will be given the opporhmity to speak a second time lmtil everyone has had the opporhmity
to speak initially. Please limit your second presentation to new information, not rebuttal.
8. At the close of the public hearing, the Planillng Commission will discuss the proposal and take
appropriate action.
A. If the Planillng Commission recommends that the City Council approve or deny a request, the
planillng case will be placed on the City Council agenda for the next regular meeting. Usually
this meeting is within one to two weeks of the Planning Commission meeting.
B. If the Planillng Commission tables the request, the petitioner will be asked to rehlm for the next
Commission meeting.
Planning Case:
Petitioner:
Address:
Request:
PLANNING CASE REPORT
City of New Hope
Meeting Date:
Report Date:
July 11, 2006
July 5, 2006
06-08
Terry Veigel
5551 Louisiana Avenue North
Rezonmg, preliminary plat, and lot area variance for twinhomes
I. Request
The petitioner is requesting rezonmg of property from CB, community business, to R2, single and two-
family residential, preliminary plat for property to be knovvn as Louisiana Terrace, and a variance to
the lot area requirement to allow construction of two zero-lot line twinhomes, pursuant to Section 4-6,
4-6(f)(1), 4-36, and Chapter 13 of the New Hope Code of Ordinances. (The original 60 day time frame
for this application has been legally extended until September 1, 2006.)
II. Zoning Code References
Section 4-6
Section 4-6(f)(1)
Section 4-36
Chapter 13
III. Property Specifications
Zonmg:
Location:
Adjacent Land Uses:
Site Area:
Building Area:
Lot Area Ratios:
Planillng District:
Specific Information:
Planning Case Report 06-08
R2, Single and Two-Family Residential
R2, Lot requirements - base lot
Administration - Variances
Subdivision and Platting
CB, Community Business
On Louisiana A venue, south of Bass Lake Road, west side of the road just
prior to entering Crystal.
The property to the west, north and east is community business district, while
the property to the south is single family residential in the city of Crystal.
25,011 sq. ft. total, (151.94 X 148.95 X 151.22 X 148.43)
1,672 sq. ft. for the house and garage footprint per unit, total of 6,688 sq. ft.
Impervious surface: 8,856 sq. Ft. 40%
Green area: 13,699 sq. ft.
60%
No.6; The Comprehensive Plan identifies this site as community business.
This site is reasonably level, though it has acted as a drainage route for runoff
from neighboring lots. Consequently, a large drainage basin in the rear yard
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7/5/06
will have to be constructed. The emergency overflow for the site will be along
the south property line and may increase the amount of water at or along fr
property line in that area.
IV. Background
This site has remained vacant and undeveloped due to the difficulty of locating a commercial business
on such a small lot. Drainage for a commercial property with more impervious surface is an issue that
would likely require extension of storm sewer to the site from Bass Lake Road for use as a commercial
property; a residential use is less intense and therefore provides more area for on site ponding and
infiltration. This area is a transition area from the commercial property in New Hope into the single
family residential properties in Crystal to the south.
V. Petitioner's Comments
The petitioner and his selected developer are proposing to build two twin homes for a total of four
units on this site. They note the difficulty of developing the site for commercial purposes with its small
size. They believe this use will act as a nice buffer between the commercial properties to the north and
the single family residential housing to the south.
VI. Notification
Property owners within 350 feet of the property were notified including the City of Crystal. Staff has
received only one comment from the attorney for the property owner to the north. They question what
the city's comprehensive plan calls for on the site and they worry about future complaints related to noise
and lights from the gas station they operate to the north, on the corner of Bass Lake Road and Louisiana
Avenue. Please refer to attached narrative from the petitioner for more detailed information.
VII. Development Analysis
A. Comprehensive Plan Direction
The applicant requests rezorung from the current CB zorung to R-2, single- and two-family residential.
In terms of the New Hope Comprehensive Plan, the property is located in Planning District 6, which
states:
lit An aggressive strategy for enhancing the commercial character along Bass Lake Road IS
recommended.
o Expand commercial land use patterns
o Assemble and redevelop smaller commercial sites to create larger commercial lots for
contemporary retail, service, and office uses.
The proposed rezorung does not match the strategy identified in the comprehensive plall., and will
require an amendment to the comprehensive plan to allow rezorung. Such an amendment may be
justified, as the commercially-zoned property adjacent to the applicant includes viable businesses all.d
are not likely to seek redevelopment soon. In addition, the applicant has unsuccessfully sought
commercial property development of the site, but has been limited by the small site size all.d access
constraints.
If the city feels the project is a high-quality addition to the city that enhances the surrounding area, it
may pursue a comprehensive plall. amendment to re-guide the property from commercial land use to
Planning Case Report 06-08
Page 2
7/5/06
medium-density residential land use. This process will require the city to process an amendment to its
comprehensive plan, which "Will include review by the Metropolitan Council for consistency with
regional plans. This process will require a public hearing. A medium density (4-8 units/acre)
reclassification would allow the development of twin homes but would not allow multifamily housing.
Upon amending the comprehensive plan, the city could rezone the property if desired.
B. Rezoning
The property is proposed for R-2, single and tvvo-farnily residential. Existing zonmg is CB, community
business. Criteria for a variance require specific conditions to be met, such as a mistake in the original
zonmg decision. The city designated the parcel as CB zonmg to encourage retail presence on the site, or
to facilitate redevelopment of adjacent commercial property. The adjacent property does not currently
require or anticipate redevelopment soon. The parcel is too small for contemporary retail site
requirements, so the property ovmer has not been able to find a commercial user interested in the site.
For these reasons, a residential use may be most appropriate.
The Design and Review Committee discussed the possibility of directing the applicant to request R-3
zonmg to eliminate the need for a lot area variance. However, such rezonmg could allow additional
density that may be inappropriate for the site.
C. Zonmg Code Criteria
Variance
The purpose of a variance is to permit relief from the strict application of the terms of the Zonmg Code to
prevent undue hardships or mitigate undue non-economic hardship in the reasonable use of a specific
parcel of property and where circumstances are unique to the individual property under consideration
and the granting of a variance is demonstrated to be in keeping ,vith the spirit and intent of this Code.
The proposed R-2 zoning requires a lot area of 6,000 square feet per unit. The applicant proposed
approximately 5,600 square feet per unit, which does not comply with code requirements and therefore
requires a variance of 400 square feet from the Zoning Ordinance. To grant a variance, the applicant is
required by Minnesota Statute to demonstrate that a hardship exists on the property. Criteria for a
variance includes:
1. A hardship may exist by reason of a physical condition unique to the property and results in
exceptional difficulties when using the parcel or lot within the strict application of the terms of
this Code. Physical hardships may include lot shape, narrowness, shallovmess, slope, or
topographic or similar conditions unique to the parcel or lot. Undue hardship also includes
inadequate access to direct sunlight for solar energy systems. Economic conditions alone shall
not constitute an undue hardship if reasonable use of tll.e property exists under the terms of this
Code.
The parcel is too small to develop effectively as commercial property, but near commercial properties,
making it less attractive for single-family homes or other uses. The size, geometry, and context of the site
lend it to twinhome development.
2. The undue hardship is unique to the parcel or lot for v"hich the variall.ce is being sought and is not
generally applicable to other properties within the same zoning district.
Planning Case Report 06-08
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7/5/06
TI1-e parcel is one of few remaining vacant parcels in New Hope. TI1-e characteristics of the site are not
generally applicable to nearby properties.
3. The hardship or circumstances unique to the parcel or lot has not been created by the landowner
or any previous ovvner.
TI1-e property owner has tried to develop or sell the property under the existing zoning without success.
TI1-e condition has not been caused by the existing owner.
4. Additional Criteria. The application for variance shall also meet the following criteria:
a. It vvill not alter the essential character of the locality.
b. It will not impair an adequate supply of light and air to adjacent property, or
substantially increase the congestion of the public streets, or increase the danger of
fire, or endanger the public safety.
c. It is the minimum action required to eliminate the hardship.
d. It does not involve a use which is not allowed within the respective zonmg district.
TIze requested variance is minor- only 400 square feet per lot. TIze twinhome development will serve as a
buffer from existing commercial properties to the existing single-family neighborhood, and should not
create additional impacts on the existing neighborhood with respect to light, air, fire hazard or public
safety.
Subdivision and Platting
The purpose of this chapter is to make certain regulations and requirements for the subdivision and
platting of land within the city of Nev,r Hope pursuant to the authority contained in Minnesota
Statutes 462.358, which regulations the City Council deems necessary for the healtl1, safety and
general welfare of this community. It is also the purpose of this chapter to safeguard the best
interests of the city of New Hope and to assist the subdivider in harmonizing his interests with
those of the city at large.
Per routine policy, the preliminary plat was submitted to city department heads, city attorney, city
engineer, planning consultant, utility companies and Hennepin County for review al1d comment.
Comments received include the following:
Utility companies - no response.
City Engineer - see attached correspondence and comments dated March 16, 28, and 29, 2006.
Hennepin County - see attached correspondence and comments dated March 29, 2006.
City Planner - Preliminary Plat - The applicant submitted plans for re-platting the property. A
preliminary plat was submitted with revised plans. Four lots are proposed for the property, witll. an
average size of 5,609-5,653 s.f. each. The lots have an average width of 76 feet per twinhorne, 38 per
unit. The lot width conforms to the requirements of the code. The total site is 22,533 s.f., or 0.517
acres.
Sec. 4-6. R-2, single- and two-family residential district.
Planning Case Report 06-08
Page 4
7/5/06
(a) Purpose. The purpose of the R-2 single- and two-family residential district is to provide for
low density single-family detached residential dwelling units and directly related, accessory and
complementary uses.
(b) Permitted uses, R-2. The following are permitted uses in an R-2 district:
(1) Single-family detached dwellings.
(2) Two-family dwellings.
(3) Boarding (house) home--Foster children. Subject to applicable county and state
licensing requirements.
(4) Day care in home. Subject to applicable county and state licensing requirements.
(5) Public parks and playgrounds.
(6) Essential services.
(7) Group home, single-family.
(f) Lot requirements, building heights, and setbacks. The following minimum requirements shall
be observed in the R-2 zorung district subject to additional requirements, exception, and
modification set forth in this Code.
(1) Lot area.
a. Base lot.
1. Single-family. 8,400 square feet.
2. Two-family. 12,000 square feet.
3. Other uses. 15,000 square feet.
b. Lot area per unit.
1. Single-family. 8,400 square feet.
2. Two-family. 6,000 square feet.
(2) Lot width.
a. Single-family. 70 feet.
b. Single-farnily--Comer lot. 90 feet.
c. Two-family. 75 feet.
d. Two-family--Comer lot. 90 feet.
e. Other uses. 90 feet.
f. Other uses--Comer lots. 100 feet.
(3) Building height. 2 1/2 stories or 32 feet, whichever is greater.
(4) Setbacks.
TABLE INSET:
Front: Front: Arterial or Side: Side: Side: Arterial or
Local Community Rear Interior Side Corner Community
Local
Street Collector Street (a) Yard Street Collector Street (a)
25 feet 30 feet 25 10/5 (b) 20 feet 25 feet
feet
(a) See subsection 4-3(c)(6)b of this Code.
Planning Case Report 06-08
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7/5/06
(b) Ten-foot side yard setbacks are required except a five-foot side yard setback is permitted for an
attached garage and any living space constructed above the attached garage footprint.
(Ord. No. 05-04, S 2,3-14-2005)
B. Development Review Team
The Development Review Team met on May 18 and was supportive of the request. Please refer to
attached planner's report for summary. The following comments were made on the plans:
· Show building setbacks on plans
· Clarify basement floor elevation - top of foundation, basement floor
· Curb cut - maximum 28 feet at property line
.. Provide storm water calculations - This property is low spot in area and runoff water ponds on this
property
· Discuss potential swale in rear yards and retaining wall along south lot line
· Provide five foot drainage/utility easement on north, south, and east lot lines, between Lots 2 and 3,
and 10-foot easement on west lot line
· Relocate sewer/'ivater connections for Lots 1 and 4 so don't cross property lines
lit Water and sewer connections are located in street
· Sewer access charges (SAC) fees due on four units x $1,550 = $6,200
lit Payment of storm water fee (to be determined by city engineer)
.. Payment of park dedication fee ($1,500 per lot = $6,000) upon submittal of final plat for city
signatures
It Developer to provide narrative re: price, building materials, for sale units, market rate, background,
previous projects
e Provide landscaping plan and perimeter foundation plans
lit Developer required to provide screerung between residential property and commercial properties
o Police Department recommends placing a fence on west property line adjacent to parking lot
lit Provide fence on north property line
o Discuss building fa<;ade materials - rear: change vinyl texture on gable ends; front: change gables to
shake or scallop
C. Design and Review Committee
The Design and Review Committee met with the applicant and discussed all of the Development
Review Teams comments with the petitioner. It also encouraged some fa<;ade improvements to the
rears of the units. The committee was generally supportive of the proposal.
D. Plan Description
1. Setbacks
Setbacks com 1 with code re
Setback
Front Yard, all lots
Rear Yard, all lots
Side Yard, all lots
uirements, as follows:
Re uired
25
125
10
osed
Planning Case Report 06-08
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7/5/06
2. Easements and Drainage
Drainage and utility easements are shown on the plat. The rear yard drainage easement
contains the ponding and drainage area required on the site. Easements are subject to review by
the city engineer.
Upon approval of the final plat, park dedication and stormwater management fees must be
paid. The stormwater management fee, if applicable, will be determined by the city engineer.
Park dedication fees are $750 per unit for a total of $3,000.
3. Screening/Fencing and Landscape Plan
In revised plans, the applicant added screerung along the north side of the property to screen
the commercial use north of the property. The burden of providing screerung betvveen a
commercial and residential use would typically fall to commercial or industrial uses, but since
this project constitutes a change of land use and zorung, the applicant will be responsible for
providing adequate screerung from adjacent commercial uses. Revised plans show a six foot
cedar fence on the north property line. A vegetative screen consisting of spruce trees and ash
trees will be planted on the west property line. The screerung appears adequate for the site.
In addition to the five ash trees and four spruce trees, the applicant proposes 20 viburnum
shrubs in #5 pots, and four autumn blaze maple trees. All other areas shall be planted with sod
or otherwise landscaped.
A rear yard stormwater ponding and infiltration area exists on the rear yard of the site, and will
be planted with turf grass sod. The infiltration area will collect stormwater in the event of a rain
event, and water will infiltrate into the ground. No special plantings are required for the site,
but property ovvners must maintain the functioning of the infiltration area. No filling or other
alterations may be performed in the area.
4. Driveways
Curb cuts and driveways are proposed for each unit. Drive"ivays are located directly on tll.e
common property line, as allowed by code for twin homes. The driveways are approximately
18-19 feet in width, and taper to a narrower width at the right-of-way line. The proposed
(double) curb cuts are 28 feet wide at the right of way. The driveways are 46 feet apart, which
complies with code requirements.
5. Additional Narrative Description
The applicant submitted an additional narrative with revised plans that describes the proposed
homes. The developer has built homes across the metro region. The developer expects sale
prices to range from $330,000 to $360,000 per unit.
6. Architecture and Building Materials
Building materials proposed for the site include vinyl siding, vinyl shakes, stucco, stone, and
aluminum soffits. Revised plans show improvement to tll.e homes exterior appearance. The
homes have increased the amount of cultured stone on the lower walls, all.d replaced vinyl
siding with vinyl shakes on upper eaves. Stucco is used on the front side of the homes with
raised pall.el steel doors. Rear and side yards have trim on windows in revised plans. The
Planning Case Report 06-08
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7/5/06
developer also added viburnum shrubs to the front of the building along the covered front
porch.
No access is provided from the homes to the rear yard. To access the rear yard, residents must
exit the front door and move around the building. The developer stated the layout has proven
popular without the access, and safety concerns have preempted a decision to include a rear
access. Regardless, access should be provided to the rear yard of the project from the front, via a
sidewalk or other means.
The floor plan shows the twinhome units are four bedroom units. The rear of the house is used
only for bedrooms. The potential occupants are likely to be families with children, given the
proposed number of bedrooms for each unit. Play areas and outdoor open space are already
limited on the site due to the sloped rear yard. Nearby parks are limited in size and number as
well. The applicant may wish to pursue reshaping the infiltration area to provide additional
useable open space in the rear yard. Any such work is subject to the review and approval of the
city engineer.
7. Utilities
The applicant submitted a utility plan that shows water and sewer service provided to each
unit. The units are served by separate service, as required by City Code. The utility plan is
subject to review by the city engineer.
E. Planrung Considerations
Comments from the planner have been incorporated into this report.
F. Building Considerations
Comments from the building official have been incorporated into this report.
G. Legal Considerations
No comments from the city attorney were received regarding this proposaL
H. Engineering Considerations
Comments from the city engineer are attached.
I. Police Considerations
No comments from the Police Department were received regarding this proposal.
J. Fire Considerations
No comments from the West Metro Fire were received regarding this proposal.
VIII. Summary
The applicant is proposing to amend the comprehensive plan for this site, rezone the property from CB,
community business, to R-2, single and two-family residential, requests a lot area variance of 400
square feet per lot, all.d plat into four lots to accommodate two twin homes.
IX. Recommendation
Planning Case Report 06-08
Page 8
7/5/06
Though the existing comprehensive plan recommends commercial redevelopment for this site, efforts
to obtain commercial investment have not succeeded. The property may be put to better. use as a
medium density multifamily buffer. As such, pending comments received at the public hearing, the
project is a sensible use for the site and warrants various conditional approvals.
Rezoning
Staff recommends approval of rezorung the property from the existing CB zorung to R-2, subject to the
following conditions:
1. Applicant to pay all consultant costs and related fees for comprehensive plan amendment
submission and approval by the Metropolitan Council.
2. Rezoning and re-guiding subject to review and approval by Metropolitan Council
3. Developer must wait for city adoption of Comprehensive Plan Amendment prior to obtaining
building permits for the site.
Preliminary Plat and Lot Area Variance
Staff recommends approval of the Preliminary Plat and Lot Area Variance for Louisiana Terrace,
subject to the following conditions:
1. Developer to execute development agreement/bond with city, to be prepared by the city attorney.
2. Comply with all city engineer recommendations - memos attached, including payment of storm
water fee in the amount of $4,508.40.
3. Review aand approval of plans by Building Official and West Metro Fire.
4. Drainage and utility easements shown should be labeled. The rear drainage and utility easement
should be expanded to include the entire infiltration area.
5. Final plat submission is required. Park dedication fees ($3,000) will be required at the time of final
plat approval.
6. Planning Commission may waive review of final plat.
7. Water stop boxes shall be provided by the developer, including all necessary permits for street
work.
Attachments: Address/Zorung/Topo/Aerial Maps
Applicant's Letter and Property Covenants
Plat and Plans
Applicant's e-mail dated 5/31/06
Resolution No. 06-86
City Engineer's memos of 5/18/06,6/29/06 and 7/5/06
Planner's reports of 5/15/06 and 6/29/06
Application Log
Planning Case Report 06-08
Page 9
7/5/06
7201
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My name is Peter Wegier. I am owner of Cressland Homes, LLC. I have been in
business as a builder and developer for 6 years. I have acted as a developer on 2
projects, one a seven unit townhome project in Newport that I also built the townhomes,
and the other a rural three plus acre lot development in Prescott, WI. I am also currently
in the process of developing 67 acres in Woodbury, MN into 17 three plus acre lots. As
a builder, I currently own lots in Plymouth, St. Paul Park, Prescott, and Bayport. I have
built townhomes that range in price from $180,000 - $350,000, and I have built single
family homes that range in price from $400,000 - $1,750,000. I am currently building the
largest home that will exist in Plymouth, MN.
I am writing this letter in regards to a property located at 5551 Louisiana Ave N, in New
Hope. Terry and Kris Veigel have submitted application for the rezoning of this property
into 2 twin home buildings.
If approved, I will purchase the property from them and immediately start construction of
the 4 units. The units will be listed on the MLS as for sale units. At this point I am
guessing the approximate sale price of the finished units will be about $330,000 _
$360,000. I will construct the units using high quality construction materials. The exterior
of the front elevation will consist of cultured stone, stucco and vinyl shakes, and the
exterior of the other three elevations will consist of vinyl siding and vinyl shakes.
This property has always been vacant, and unappealing for commercial uses because
of its small size and location. I believe this project containing two twin home buildings
will act as nice buffer between the existing commercial properties on Bass Lake Road
and the existing residential housing to the south. The property will be nicely screened
with a cedar fence on the north side and a nice mix of deciduous and spruce trees to
the west.
A concern has also been brought to my attention about the fact that there is no access
from the house to the rear yard. I do not believe that should be looked at as a hindrance
to the project. From my experience as a builder, even if the layout of the houses did
allow for a deck from the upper level. Many people would prefer not to have a staircase
connecting the deck to the rear yard for reasons of safety. It is a personal judgment call
and the feedback I have received on this layout has always been positive. I have yet to
hear any concerns of access to the rear yards.
I have worked with city staff in complying with most every request I have received, and I
would request that the current site, utilty, landscaping, and building plans be accepted
as is.
Thank You for your time, and I look forward in working with the city in the future
development and construction in what I believe will be a successful project.
~~'
Peter Wegier r
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DECLARATION OF EASEMENTS, COVENANTS,
CO:Nl)ITIONS AND RESTRICTIONS
TillS DECLARATION OF EASEMENTS, COVENANTS, CO~r:oITIONS AA1)
RESTRICTIONS ("Declaration") is made as of the _ day of ,2005,
by Cressland Homes, LLC, a Minnesota limited liability company, as "Declarant".
RECITALS
WHEREAS, Declarant is the fee owner of that certain the real property located in 8t.
Paul Park, Washington County, Minnesota legally described in EXHIBIT A attached hereto and
incorporated herein (the "Property");
WHEREAS, Declarant intends to construct twin homes on the Property desires to
provide for the preservation of the values and amenities of the Property as a whole by declaring
certain easements, covenants, conditions and restrictions on the Property;
W1IEREAS, Declarant desires to subject the Property to the covenants and restrictions
contained in this Declaration for the benefit of Declarant and also the benefit of the Adjoining
Property
NOW, THEREFORE, Declarant hereby makes this Declaration and declares and
subjects the Property to the covenants and restrictions set forth herein, hereby declaring that this
Declaration shall constitute covenants running with the land and declaring that the Property shall
be owned, encumbered, used, occupied, operated and conveyed subject to the easement,
covenants, conditions and restrictions described in this Declaration~ all of which shall be binding
upon each person owning or acquiring any right, title or interest therein and their respective
heirs, personal representatives, successors and assigns.
1. REPAIRS AND MAINTENANCE. The owners of each lot contained within the
Property ("Lot") shall provide for maintenance and repair of the Property in accordance
with the provisions herein.
1
(a) In General. The owner of each Lot shall be responsible for and provide all
maintenance and repair required for the improvements and building located on the
owner's Lot. All such maintenance and repair shall be at each Lot owner's sole cost
and expense. The owner of each Lot shall keep the Lot clean, swept and in good
repair and replace any improvements thereon as necessary; shall keep the sidewalks
on its Lot free from snow, shall maintain all site improvements on its Lot in good
order, condition a11d repair. Each Lot owner shall be responsible for all lawn care or
other exterior maintenance of IDslher Lot.
(b) Siding, Upon construction of any twin homes, each Lot owner shall maintain the
exterior portions of the tvvin home located on the owner's Lot, including but not
limited to, any siding covering the exterior walls and roofing materials. All siding
and roofing materials on any individual t"wm. home located on two or more lots, must
be maintained so that the exterior appearance of the twin home structure remains
uniform in color, texture and appearance. The owner of any adjacent lots on wIDch
occupy separate portions of the same t"win home shall ensure that the exterior
appearance remains uniform in color, texture and appearance. In the event that a Lot
ovmer replaces all or any portion of the siding or roofing material on its Lot, the
replacement shall be performed in such a manner to ensure a that the twin home
structure remains lliliform in appearance. .
(c) PartY Wall. Each wall wIDch is built as a part of the original construction of a
dwelling upon a Lot and placed on the dividing line between any two Lots shall
constitute a pa.rtj wall, and to the extent not inconsistent with the provisions of this
Declaration, the general rules of law regarding pa.rtj walls and liability for property
damage due to negligence or willful acts or omissions shall apply thereto.
1. Sharing of Repair and Maintenance. The cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners who make use of
the wall in proportion to such use.
11. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged
by fire or other casualty, an Owner who has used the wall may restore it to its
original condition, and if the other OVvner(s) thereafter make use of the wall,
they shall contribute to the cost of the restoration thereof in proportion to such
use without prejudice to the right of any such Owner to call for a larger
contribution from the others under ful.Y rule or law regarding liability for
negligent or willful acts or omissions.
iii. Weatherproofing. NotvvithstandLng any other provision of this Declaration, an
Owner who by the Owner's negligent or willful act causes the party wall to be
exposed to the elements shall bear the whole cost of furnishing the necessary
protection against such elements.
IV. Arbitration. In the event of any dispute arising under the provisions of Section
l(c), the parties may resolve their dispute by submission to arbitration in
2
\Vashington County, Minnesot~ under the supervision, rules, and procedures
of the American Arbitration Association. The decision of the arbitrator in such
case shall be final. The cost of the arbitration proceedings shall be shared
equally among the parties to the arbitration.
v. Right to Contribution Runs With Land. The right of any Ovvner to
contribution from any other Ovvner under this Section shall be appurtenant to
the land and shall pass to such Ovvner's successors in title.
2. LOT TO LOT EASEMENTS. Since each dwelling located on each Lot ("Dwelling")
forms an integral part of a twin home building including other dwelling(s), the ovvner of
each Lot shall have a non-exclusive right and easement over the Lot(s) "With which it
shares a party wall for lateral support, support, and, where necessary, access for
maintenance, upkeep, repair, replacement and reconstruction of walls, fences, roofs,
siding and other improvements tothe extent necessary to fulf1l1 the ovvner's obligations
under the these Declarations. In the event that any dwelling or any improvements to any
Lot encroach upon any part of another Lot as a result of construction, reconstruction,
repair, shifting, settlement or movement of any part of the Property, then a perpetual
easement appurtenant to such encroaching Lot shall exist for the continuance of any such
encroachment for so long as the encroachment shall exist.
3. NOT A PUBLIC DEDICATION. Nothing herein contained shall be deemed to be a
grant or dedication of any portion of the Lot to the general public or for the general
public or for any public purposes whatsoever, it being the intention of the Declarant that
this Declaration shall be strictly limited to and for the purposes herein expressed.
4. SEVERABILITY. Invalidation of any of the provisions of the covenants, conditions
and restrictions herein contained, whether by order of court of competent jurisdiction, or
otherwise, shall in no way affect any of the provisions which shall remain in full force
and effect.
5. ENTIRE AGREEMENT. This Declaration is complete with respect to the subject
matter herein contained and all prior documents and correspondence with respect to the
subject matter herein contained are superseded and of no further force or effect. This
Declaration may be amended from time to time only by written instrument executed by
all entities having an ownership interest in any Lot subject to the terms and conditions of
this Declaration at the time of such amencL11lent, which instrument shall be recorded in the
office of the Washington County Recorder.
6. DURATION. The easements, covenants, conditions and restrictions contained in this
Declaration shall run with the land and be binding upon any owner of the Lots and their
respective heirs, personal representatives, successors and assigns.
7. El'I"'FORCEl\1ENT. Enforcement of these covenants, conditions, restrictions and
easements may be initiated by a Lot owner or tenant, or any person acting through or on
behalf of either or both, against any person violating or attempting to violate any
'"
.J
prOVISIon hereof, either to restrain violation or compel compliance, or to recover
damages. Failure of any ovmer or tenfu'1.t to enforce any provision hereof shall in no
event be deemed a waiver of the right to do so thereafter. Attorneis fees, costs, and
expenses of any such actions to restrain violation, compel compliance, or to recover
damages shall be assessable against and payable by any person violating the terms
contained herein.
8. APPLICA...BLE LAW. This Declaration shall be construed in accordance \-vith and
governed by the laws of the State of Minnesota.
IN WITh'"ESS WHEREOF, the undersigned, being the Declarant herein, has caused these presents
to be executed the day and year first above vmtten
CRESSLA..~1) HOMES, LLC
By:
Peter Wegier
Its: President / Chief Manager
STATE OF J.vl]J\J-:N"ESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2005, by Peter Wegier, the President of Cressland Homes, a Minnesota limited liability company,
on behalf of such COmpfu'1.Y.
Notary Public
The Instrument Drafted by:
SEVERSON, SHELDON,
DOUGHERTY & MOLENDA, P.A.
7300 West l47th Street, Suite 600
Apple Valley, Minnesota 55124
(952) 432-3136 -
(SAL:7975-22484)
4
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Page 1 of 1
Jacobsen Curtis
From: TERRY VEIGEL [ma1380@yahoo.com]
Sent: Wednesday, May 31, 2006 11 :24 AM
To: Jacobsen Curtis
Subject: 60 extension
Hello Curtis
This is Terry Veigel i am requesting a 60 extension with the property at 5551 Louisiana in New Hope.
Thanks Terry Veigel
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Feel free to call! Free PC-to-PC calls. Low rates on PC-to-Phone. Get Yahoo! Messen2:er with Voice
5/31/2006
June14, 2006
Mr. Terry Veigel
1508 Winnetka Avenue North
Champlin, MN 55316
RE: 5551 Louisiana Avenue, Planning Case 06-08
Dear Mr. Veigel
At the June 12, 2006, City Council meeting, Resolution No. 06-86 was approved extending for
sixty days the review period on your application for 5551 Louisiana Avenue North. A copy is
attached for your files.
Please be sure to submit revised plans to the city no later than 3 p.m. on June 23 so staff al1d
consultants have adequate time to review the plans and staff can prepare a report for the
planning commission members.
If you have any questions please give me a call at 763-531-5137.
Sincerely,
Curtis Jacobsen
Community Development Specialist
Kirk McDonald
Director of Community Development
Enclosure
CC: P.c. File No. 06-09
CITY OF NEW HOPE
4401 Xylon Avenue North ~ New Hope, Minnesota 55428-4898 ~ WW'N. ci.nevv-hope.mn.us
City Hall: 763-531-5100 ~ Police (non-emergency): 763-531-5170 ~ Public Works: 763-592-6777 ~ TDD: 763-531-5109
City Hall Fax: 763-531-5136 ~ Police Fax: 763-531-5174 ~ Public Works Fax: 763-592-6776
RESOLUTION NO. 06- 86
(New Hope Planning Case 06-08)
RESOLUTION EXTENDING 60 DAY TIlVIE LIMIT
REQDlRED BY:MINN. STAT. 915.99 SUED. 2
IN RESPONSE TO ZON'".LNG APPLICATION
REQtJESTING A REZOl'lTING TEXT A.l\1ENllMENT,
A VARIANCE TO LOT AREA REQUIREMENTS
AND PLATTING Al\I-:D SUBDIVISION
APPROV}...L AT 5551 LOUISIfi....J."fA A VEJ\TUE NORTH
(Terry and Kris Veigel, Petitioners)
BE IT RESOL V-:ED by the City Council of the City of New Hope as follows:
WHEREAS, Terry and Kris Veigel (hereafter collectively Petitioner) have submitted to the
City an application requesting a rezoning text amendment, a variance from the lot area requirements
of New Hope Code S4-6(f)(1)(b )(2) and platting and subdivision approval for Petitioner's property at
5551 Louisiana Avenue North identified as New Hope Planning Case 06-08 (hereafter Application),
and
WHEREAS, said Application was received by the City on May 5, 2006, and
WHEREAS, Minn. Stat. S15.99 subd. 2 requires the City to either approve or deny the
Application within 60 days of the City's receipt ofthe Application otherwise the Application will be
deemed approved by operation of law. In tbis case the Application must be acted upon by July 4,
2006,and
vVHEREAS, Minn. Stat. S15.99 subd. 3(f) permits the City to extend the 60 day time
deadline an additional 60 days if written notice is provided to the Petitioner prior to the expiration of
the initial time deadline informing Petitioner ofthe deadline extension and stating the reasons for the
extension, and
WHEREAS, the City Council hereby determines it is necessary to extend the response
deadline to Petitioners' application requesting a rezoning text amendment, a variance from the lot
area requirements of New Hope Code S4-6(f)(1)(b)(2) and platting and subdivision approval for
Petitioner's property at 5551 Louisiana Avenue North as more fully described in New Hope Plawilllg
Case 06-08 for the follOiving reasons:
1. The time extension is precipitated by the Petitioner's delay in providing the City
with necessary information concerning their application to permit the Planning
Commission and City Council to act on their application within the 60 day time
period;
-1-
2. Specifically, Petitioner has not provided the City with an acceptable survey, storm
water drainage plan and a moisture absorption test required to determine the storm
water drainage needs of the property to permit the Planning Commission and City
Council to act on their application;
3. Petitioner has expressly requested the City council to extend the 60 day action
deadline of Minn. Stat. 915.99 subd. 2 in their May 31, 2006 e-mail
communication to the City's Community Development Specialist Curtis Jacobsen;
4. Due to Petitioner's delay in providing necessary information as referenced above,
the City Council can not consider this application until after the 60 day time
deadline imposed by Minn. Stat. 915.99 subd. 2, for preparation of written findings
of fact for approval or denial of the Petitioners' application. Therefore, it is
necessary that the City Council exercise its right to extend the time limit to act on
the Petitioners' application for a rezoning text amendment, a variance from the lot
area requirements of New Hope Code 94-6(f)(l)(b )(2) and platting and subdivision
approval for Petitioner's property at 5551 Louisiana Avenue Norill until September
1,2006.
NOW, THEREFORE, BE IT RESOL YED by the City Council ofthe City of New Hope as
follows:
1. Based on the reasons stated above, The City Council hereby extends the time deadline
to respond to Petitioners' application, identified as New Hope Planning Case 06-08, requesting a
rezoning text amendment, a variance from the lot area requirements of New Hope Code 94-
6(f)(l)(b)(2) and platting and subdivision approval for Petitioner's property at 5551 Louisiana
Avenue North until September I, 2006.
2. Pursuant to Minn. Stat. S 15 .99 subd. 3(f) the City Manager or the Manager's designee
shall personally serve upon Petitioner or mail to Petitioner by first class mail postage prepaid a
certified copy of this Resolution which sets forth the City Council's reasons for the extension.
Dated the 12thth day of June, 2006.
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Attest: / tUt..A.AJ..._ aiJU!---
Valerie Leone, City Clerk
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-2-
j(~ Bonestroo
~ Rosene
"I\lI AnderIik &
.1\1 1 Associat:es
Engineers & Architects
2335 West Highway 36 . St. Paul, MN 55113
Office: 651-636-4600 . Fax: 651-636-1311
www.bonestroo.com
TO: Kirk McDonald
FROM: Vince Vander Top
DATE: May 18, 2006
SUBJECT: 5551 Louisiana - Twinhome Development
Our File No. 34-Gen Nw17.06.03
\Ve have received the plans for proposed twinhomes at 5551 Louisiana Avenue. The following
comments should be considered in the review of the application.
1. A storm water fee consistent with the City's Surface Water Management Plan should be
considered as follows:
Site Area
22,542 SF
Total site area outside of ROW
(148.4 x 151.9)
Typical pond construction cost
Pond Cost
Storm Water Fee
$0.20 $/SF
$4,508.40
The storm water fee is toward the construction of regional storm water facilities. TIlls is
in lieu of constructing storm water ponding on site. The $0.20/SF has been used on other
properties as a representative cost for the construction of a pond. This amount should be
included in the overall review of the property.
2. The grading plan as presented will create drainage.issue for adjacent properties. The
current site is depressed (lower) t.han all adjacent properties. Storm water runoff from the
properties to the north and south drains to this parcel and infiltrates. It appears that the
soils on this site are sandy allowing a high infiltration rate.
The development of this property will disrupt this drainage pattern. The development of
this property must include measures to accommodate the existing drainage. The
following must be considered in the design:
a. The applicant must submit storm water calculations documenting the storm
water runoff to this site for a 10-year and 100-year event.
.b. An EOF is shown at the SE comer of the property. It does not appear that
water ponding in the back yard can reach the EOF without impacting the
property to the south. The grading along the south property line will need to
be altered to accommodate this drainage route.
c. If infiltration is still relied upon as the method for controlling the runoff, the
applicant must:
i. Submit soils information including percolation rates documenting that the'
. St. Paul, St. Cloud, Rochester, WilImar, MN . Milwaukee, WI . Chicago, IL
Affirmative A:tion/Equal Opportunity Employer and Employee Owned
amount of runoff to the site will infiltrate at an acceptable rate.
11. HWLs must be documented in infiltration areas for the 10-year and 100-
year event. The lowest building opening must be a minimum of 2 feet
higher than the 100-year HWL and EOF.
111. No water ponding will be allowed on adjacent properties
IV. All infiltration and ponding areas must be protected by drainage easements
included on the plat
v. Infiltration areas should be designed as rain water gardens, meaning the
areas should be shaped and planted in ways to promote the infiltration.
VI. The infiltration areas must be disclosed to future buyers in terms of
intended function and the potential for standing water.
d. An alternative method could be considered in lieu of or in addition to storm
water infiltration. Storm sewer could be extended to the property from the
intersection of Bass Lake Road. This could limit the frequency of standing
water. The storm sewer could be constructed in lieu of the stonn water fee.
3. It does not appear that the proposed plat includes the entire property. The plat must
include the portions of the property that are currently covered by a street easement. This
portion of the property should be included in the plat and dedicated as ROW.
4. Drainage and utility easements must be included on the plat around the perimeter of the
property and along the common lot line between Lots 2 and 3. Additional drainage
easements must be included in areas of infiltration or drainage as previously discussed.
5. The sewer and water service lines cannot cross property lines. The services for Lots I
and 4 must be moved. The services should preferably enter the property in the green
space beside the driveways. The street will be patched match the existing street section
or as directed by the engineer/public works at the time of construction.
6. A landscaping plan should be submitted. The landscaping plan must not conflict with the
drainage requirements previously discussed.
End of Comments
If you have any questions or concerns please contact me at 651-604-4790.
n Bonestroo
~ Rosene
~ Anderli/< &
1 ~ ~ Associates
Engineers & Architects
2335 West Highway 36 · 81. Paul, MN 55113
Office: 651-636-4600' Fax: 651-636-1311
www.bonestroo.com
TO: Kirk McDonald
FROM: Vince Vander Top
DATE: June 29, 2006
SUBJECT: 5551 Louisiana - Twinhome Development
Our File No. 34-Gen NW17.06.03
We have received the revised plans for proposed twinhomes at 5551 Louisiana Avenue. The
following comments should be considered in addition to our previously submitted memo dated
5/18/06.
1. A storm water fee consistent with the City's Surface \Vater Management Plan should be
considered as previously outlined.
2. Please refer to the previous memo regarding drainage concerns in the area. The grading
plan has been adjusted based on our previous comments. Weare in the process of
reviewing the drainage calculations and the proposed infiltration area.
a. A specific infiltration rate was assumed in the drainage calculations. The
validity of this rate must be verified.
b. The infiltration area will be sodded. Soils in this area cannot be amended with
clay or other material which will alter the infiltration rate.
3. It appears that the egress window openings will be lower than the EOF from the property.
Identify the window well material/configuration such that inflow into the home is not an
Issue.
End of Comments
If you have any questions or concerns please contact me at 651-604-4790.
. 81. Paul, 81. Cloud, Rochester, Willmar, MN . Milwaukee, WI · Chicago, IL
Afrirmative Action/Equal Opportunity Employer and Employee Owned
n Bonestroo
a:::JII Rosene
'1i\lI Anderlil< &
1 ~ 1 Associates
Engineers & Architects
2335 West Highway 36 · st. Paul, MN 55113
Office: 651-636-4600' Fax: 651-636-1311
www.bonestroo.com
TO: Kirk McDonald
FROM: Vince Vander Top
DATE: July 5, 2006
SUBJECT: 5551 Louisiana- Twinhome Development
Our File No. 34-Gen NW17.06.03
1. We have reviewed the submitted drainage calculations. Concerns still remain regarding
the ability of the site to infiltrate storm water which drains to the back yard. Please refer
to the attach review comments from Brad Schleeter. Based on this review, the following
recommendations are provided:
a. The applicant shall complete percolation tests to measure the actual
infiltration rates on site. The measured rate should be used in revised storm
water calculations.
b. If the infiltration rates do not exceed 1.0 inch per hour, storm sewer shall be
extended to the site. This will require engineering plans to be resubmitted.
c. Even if infiltration rates meet or exceed 1.0 inch per hour, it must be disclosed
to future purchasers and residents that the backyard will be subject to standing
water after rain events.
End of Comments
If you have any questions or concerns please contact me at 651-604-4790.
· St. Paul, St. Cloud, Rochester, Will mar, MN · Milwaukee, WI · Chicago, IL
Affirmative Action/Equal Opportunity Employer and Employee Owned
Memo
. fl. Bonestroo
g Rosene
"I\l'I Anderlil< &
. \J' Associates
Engineers & Archltects
Project Name: 5551 Louisiana Avenue
Client: City of New Hope
To: Vince Vander Top
File No: 34Gen
From: Brad Schleeter
Date: July 5, 2006
Re: Stormwater review of submitted information
Development: Louisiana Terrace
Engineer: Hedlund Engineering
Submittal: Drainage calculations (dated 6/20/06), grading plan (dated 6/20/06)
The information submitted by Hedlund Engineering for the property at 5551 Louisiana Avenue (Louisiana Terrace)
has been reviewed. Based on this review, comments regarding the design are provided below.
1. Based on the City's 2-foot contours, an existing drainage area to the low point at 5551 Louisiana Avenue is
approximately 1.2 acres. The proposed development of this site reroutes a portion of this area directly to
Louisiana Avenue, reducing the total drainage area to the proposed infiltration area to 1.0 acres.
2. The infiltration rate assumed for the existing and proposed basins in the submitted calculations is 4.0
inches/hour, which is very high, even for sandy soils. An on-site soils investigation to determine a more
accurate permeability rate of the existing soil should be completed.
3. This review of the submitted information assumes an infiltration rate of 0.24 inches/hour, consistent with
loamy sand soils, which seems reasonable. Based on the assumed infiltration rate above, the drawdown
times are as follows:
4" event - similar to May Sm, 6" - 24 hour, 1 OO-yr event
Bottom of 2006 storm event
Condition Maximum D rawd own Maximum D rawd own
Basin Pooling Depth Time Pooling Depth Time
(feet) (days) (feet) (days)
Existing Low Area Roughly 775.0 0.3 1.5 0.9 2.75
Proposed Basin 772.0 2.S 7.0 4.2 9.5
Table 1: Drawdown Time Summary
From Table 1, the proposed basin pooling depths and drawdown times are significantly greater than those of
the existing low area. This is due primarily to the reduction in the surface area/volume of the depression, as
the runoff volumes to the low point in the existing and proposed conditions are reasonably equal.
The drawdown times for the proposed basin are significant, even for a 2-year event (4.5 days). Standard turf
grass does not react well to inundation times greater than 2-3 days. To achieve an acceptable inundation
time for the 100-year event (no greater than 3 days), an infiltration rate of approximately 1.0 inch/hour would
be necessary. Per Comment #2, on-site percolation tests should be performed to determine a site specific
infiltration rate.
4. The submitted plans must identify what practices (timing of excavation, traffic limits, construction runoff
protection, etc.) will be incorporated into the design to maintain the existing infiltration rate.
1:\34\348 EN\User\PI anning\2006\5 551 Louisiana Twinhome\ VTV _ BP S^Stormwater _ CommentsO 70506.d oc
Bonestroo, Rosene, Anderlik and Associates
2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
MEMORANDUM
TO: Kirk McDonald
FROM: Alan Brixius/Charles Carlson
DATE: May 15, 2006
RE: 5551 Louisiana Avenue N
NAC FILE: 131.01 - 06.07
Terry Veigel requests rezoning from CB to R-2, subdivision and platting, lot area
variance.
Comprehensive Plan Direction
The applicant requests rezoning from the current CB zoning to R-2, single- and two-
family residential. In terms of the New Hope Comprehensive Plan, the property is
located in Planning District Six, which states:
fj An aggressive strategy for enhancing the commercial character along Bass Lake
Road is recommended (p.88, Planning District 6)
o Expand commercial land use patterns
o Assemble and redevelop smaller commercial sites to create larger
commercial lots for contemporary retail, service, and office uses.
The proposed rezoning does not match the strategy identified in the comprehensive
plan, and will require an amendment to the comprehensive plan to allow rezoning. Such
an amendment may be justified, as the commercially-zoned property adjacent to the
applicant includes viable businesses and are not likely to seek redevelopment soon. In
addition, the applicant has unsuccessfully sought commercial property development of
the site, but has been limited by the small site size and access constraints.
If the city feels the project is a high-quality addition to the city that enhances the
surrounding area, it may pursue a comprehensive plan amendment to re-guide the
property from commercial land use to medium-density residential land use. This process
will require the city to process an amendment to its comprehensive plan, which will
include review by the Metropolitan Council for consistency with regional plans. This
process will require a public hearing. A medium density (4-8 units/acre) reclassification
would allow the development of twin homes but would not allow multifamily housing.
Upon amending the comprehensive plan, the city could rezone the property if desired.
Rezoning/Lot Area Variance
The property is proposed for R-2, single and two-family residential. This configuration
requires a lot area of 6,000 square feet per unit. The applicant proposed approximately
5,600 square feet per unit, which does not comply with code requirements and therefore
requires a variance from the Zoning Ordinance. A variance of approximately 400 square
feet of area is required. To grant a variance, the applicant is required by Minnesota
Statute to demonstrate that a hardship exists on the property.
The Design/Review committee and Planning Commission may wish to redirect the
applicant to request R-3 zoning. This zoning district requires 5,000 square feet of lot
area per two-family residential unit. The project conforms to R-3 standards, which may
be a more appropriate zoning district for the proposed use.
The committee should discuss whether to discuss an R-2 zoning classification or an R-3
classification. The project can be implemented under either scenario, with adequate
provisions to ensure density does not increase.
Platting
The applicant submitted plans for re-platting the property. The plat does not conform to
existing (CB) or proposed (R-2) zoning requirements but complies with R-3 district
requirements for twin homes.
€II Four lots are proposed
o 5,609-5,653 s.f. each (non-conforming with R-2)
o Average width 75 feet, not listed on plan (conforming)
.. The total site is 22,533 s.f., or 0.517 acres
€II Setbacks appear to comply with code requirements, but should be drawn and
noted on revised plans
Ii Drainage and utility easements must be shown on the plat. The rear yard
drainage easement must be large enough to include all drainage-related grading
and planting. Easements are subject to review by the city engineer.
III The plat should show an easement extending to the centerline of the street,
showing dedicated right-of-way.
9 Upon approval of the final plat, park dedication and stormwater mall.9Q-~nt
fees must be paid. The stormwater ma gement fee will be detemifned by.tl\1e
city engineer; park dedication fees ar~750 pe? unit for a total ~.j II ~A i"; ,-;>->
$ Hennepin County should be spelled c~y on revised plans. .'" ilJ .5 u C~ '.'
Screening/Fencing and Landscape Plan {jJ ~?e- l.er l?f:
Screening shall be constructed along the north side of the property to screen the
commercial use to the north. The burden of screening would typically fall to commercial
or industrial uses, but since this project constitutes a change of land use and zoning, the
applicant will be responsible for providing adequate screening from adjacent
commercial uses.
II The screening shall consist of landscaping and/or fencing materials and shall be
noted on revised site plans and landscape plan.
e The north and west property lines, behind the front of the homes, shall be
completely screened.
2
· If fencing is proposed, it must be of a high quality material and construction.
· The Design/Review committee should discuss acceptable fencing materials.
A Landscape Plan shall be submitted with revised plans, and shall include:
· Show all proposed landscaping on the site. The landscape plan should include
number, species, and size of all proposed plantings.
· The New Hope Subdivision ordinance requires at least one tree in the front yard
of each lot. These trees must be identified on the landscape plan, and should be
at least two inches in diameter.
· Foundation plantings should be installed on the perimeter of the homes to
improve the appearance of the homes.
· All plantings proposed in rear yard drainage/infiltration area
. Driveways
Curb cuts and driveways are proposed for each unit. Driveways are located directly on
the property line, as allowed by code. The driveways are approximately 18-19 feet in
width, creating a paved area 37 feet wide at the right of way. The proposed curb cuts
exceed the New Hope maximum of 24 feet. The city will allow 28 foot curb cuts for the
homes, and beginning at the back of the right-of-way, the driveways may expand up to
37 feet in width. The driveways are 38 feet apart, which complies with code
requirements as twin homes are exempt from spacing requirements.
Additional Narrative Description
The applicant should submit an additional narrative describing the proposed homes,
price ranges expected, and why amending the city's comprehensive plan to allow for
proposed rezoning is beneficial to the city and to adjacent property owners.
Architecture and Building Materials
Building materials proposed for the site include vinyl siding, stucco, stone, and
aluminum soffits. The applicant has worked additional stone into the home, but
additional details and improvements should be discussed, including:
· Additional stone on the side wall of the front patio area
1& Stucco or other material above the eave lines on all sides of the building. Shakes
or other alternative siding approaches may be a possibility for this area.
III Window treatments on rear and side yard windows to break up monotony of
these facades. Stronger window trim would improve the homes' proportions.
o Foundation plantings around the perimeter of the site, as discussed in the
landscape plan. These should be drawn on landscape and building plans.
o No access is provided from the homes to the rear yard. To access the rear yard,
residents must exit the front door and move around the building. The Design &
Review Committee should discuss whether this arrangement is appropriate. The
floor plan shows the rear of the house is used only for bedrooms.
"'l
.J
Recommendation
The city must determine whether to pursue a comprehensive plan amendment to allow
for re-designation of the land use of the applicant's property. The project does not
advance the objectives currently described in the plan, but can be granted flexibility
through an amendment to the city's comprehensive plan.
If the Design and Review Committee feel the use is appropriate for the site, the
committee should discuss whether to pursue an R-2 Zoning with a variance, or an R-3
zoning. Under R-3 zoning, the project needs no variances. A medium-density land use
designation in the comprehensive plan amendment will allow twinhomes but prohibit
more intense development in an R-3 district, if this course is chosen.
4
NORTHWEST ASSOCIATED CONSUlTANTSr INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
PLANNING REPORT
TO: Kirk McDonald
New Hope Planning Commission
New Hope City Council
FROM: Alan Brixius/Charles Carlson
DATE: June 29,2006
RE: 5551 Louisiana Avenue N
NAC FILE: 131.01 - 06.07
Back~round
Terry Veigel and Peter Wegier request rezoning from CB to R-2, subdivision and
platting, lot area variance on the property located at 5551 Louisiana Avenue North in
New Hope. The applicants have submitted revised plans for a twinhome project
proposed for the site. The original application was submitted in early May 2006.
Analysis
Comprehensive Plan Direction
The applicant requests rezoning from the current CB zoning to R-2, single- and two-
family residential. In terms of the New Hope Comprehensive Plan, the property is
located in Planning District Six, which states:
El An aggressive strategy for enhancing the commercial character along Bass Lake
Road is recommended (p.88, Planning District 6)
o Expand commercial land use patterns
o Assemble and redevelop smaller commercial sites to create larger
commercial lots for contemporary retail, service, and office uses.
The proposed rezoning does not match the strategy identified in the comprehensive
plan, and will require an amendment to the comprehensive plan to allow rezoning. Such
an amendment may be justified, as the commercially-zoned property adjacent to the
applicant includes viable businesses and are not likely to seek redevelopment soon. In
addition, the applicant has unsuccessfully sought commercial property development of
the site, but has been limited by the small site size and access constraints.
If the city feels the project is a high-quality addition to the city that enhances the
surrounding area, it may pursue a comprehensive plan amendment to re-guide the
property from commercial land use to medium-density residential land use. This process
will require the city to process an amendment to its comprehensive plan, which will
include review by the Metropolitan Council for consistency with regional plans. This
process will require a public hearing. A medium density (4-8 units/acre) reclassification
would allow the development of twin homes but would not allow multifamily housing.
Upon amending the comprehensive plan, the city could rezone the property if desired.
Rezoning
The property is proposed for R-2, single and two-family residential. Existing zoning is
CB, community business. Criteria for a variance require for specific conditions to be
met, such as a mistake in original zoning decision. The city designated the parcel as CB
zoning to encourage retail presence on the site, or to facilitate redevelopment of
adjacent commercial property. The adjacent property does not currently require or
anticipate redevelopment soon. The parcel is too small for contemporary retail site
requirements, so the property owner has not been able to find a commercial user
interested in the site. For these reasons, a residential use may be most appropriate.
The Design and Review Committee discussed the possibility of directing the applicant to
request R-3 zoning to eliminate the need for a lot area variance, discussed below.
However, such rezoning could allow additional density that may be inappropriate for the
site.
Lot Area Variance
The proposed R-2 zoning requires a lot area of 6,000 square feet per unit. The applicant
proposed approximately 5,600 square feet per unit, which does not comply with code
requirements and therefore requires a variance of 400 square feet from the Zoning
Ordinance. To grant a variance, the applicant is required by Minnesota Statute to
demonstrate that a hardship exists on the property. Criteria for a variance includes:
(1) A hardship exists by reason of a physical condition unique to the property.
The parcel is too small to develop effectively as commercial property, but near
commercial properties, making it less attractive for single-family homes or other uses.
The size, geometry, and context of the site lend it to twinhome development.
(2) The undue hardship is unique to the parcel and not generally applicable to other
properties in the same district.
The parcel is one of few remaining vacant parcels in New Hope. The characteristics of
the site are not generally applicable to nearby properties.
(3) The hardship has not been created by the property owner.
The property owner has tried to develop or sell the property under the existing zoning
without success. The condition has not been caused by the existing owner.
(4) The application for the variance shall:
a. Not alter the essential character of the locality.
b. Not impair adequate light and air to adjacent property, increase
congestion, or endanger public safety.
c. Be the minimum action required to eliminate the hardship.
d. Not involve a use not allowed within the respective zoning district.
2
The requested variance is minor- only 400 square feet per lot. The twin home
development will serve as a buffer from existing commercial properties to the existing
single-family neighborhood, and should not create additional impacts on the existing
neighborhood with respect to light, air, fire hazard or public safety. .
Platting
The applicant submitted plans for re-platting the property. A preliminary plat was
submitted with revised plans. Four lots are proposed for the property, with an average
size of 5,609-5,653 sJ. each. The lots have an average width of 76 feet per twinhome,
38 per unit. The lot width conforms to the requirements of the code. The total site is
22,533 sJ., or 0.517 acres.
Setbacks
S tb k
'th d
t
f II
e ac s complY WI co e requlremen s, as o ows:
Setback I Required I Proposed
Front Yard, all lots 125 25
Rear Yard, all lots 125 61
Side Yard, all lots 110 10
Easements and Drainage
Drainage and utility easements are shown on the plat. The rear yard drainage easement
contains the ponding and drainage area required on the site. Easements are subject to
review by the city engineer.
Upon approval of the final plat, park dedication and stormwater management fees must
be paid. The stormwater management fee, if applicable, will be determined by the city
engineer. Park dedication fees are $750 per unit for a total of $3,000.
Screening/Fencing and Landscape Plan
In revised plans, the applicant added screening along the north side of the property to
screen the commercial use north of the property. The burden of providing screening
between a commercial and residential use would typically fall to commercial or industrial
uses, but since this project constitutes a change of land use and zoning, the applicant
will be responsible for providing adequate screening from adjacent commercial uses.
Revised plans show a six foot cedar fence on the north property line. A vegetative
screen consisting of spruce trees and ash trees will be planted on the west property
line. The screening appears adequate for the site.
In addition to the five ash trees and four spruce trees above, the applicant proposes 20
viburnum shrubs in #5 pots, and four autumn blaze maple trees. All other areas shall be
planted with sod or otherwise landscaped.
A rear yard stormwater ponding and infiltration area exists on the rear yard of the site,
and will be planted with turf grass sod. The infiltration area will collect stormwater in the
event of a rain event, and water will infiltrate into the ground. No special plantings are
required for the site, but property owners must maintain the functioning of the infiltration.
area. No filling or other alterations may be performed in the area.
3
Driveways
Curb cuts and driveways are proposed for each unit. Driveways are located directly on
the property line, as allowed by code for twin homes. The driveways are approximately
18-19 feet in width, and taper to a narrower width at the right-of-way line. The proposed
(double) curb cuts are 28 feet wide at the right of way. The driveways are 46 feet apart,
which complies with code requirements.
Additional Narrative Description
The applicant submitted an additional narrative with revised plans that describes the
proposed homes. The developer has built homes across the metro region, The
developer expects sale price ranges to range from $330,000 to $360,000 per unit.
Architecture and Building Materials
Building materials proposed for the site include vinyl siding, vinyl shakes, stucco, stone,
and aluminum soffits. Revised plans show improvement to the homes exterior
appearance. The homes have incr-eased the amount of cultured stone on the lower
walls, and replaced vinyl siding with vinyl shakes on upper eaves. Stucco is used on the
front side of the homes with raised panel steel doors. Rear and side yards have trim on
windows in revised plans. The developer also added viburnum shrubs to the front of the
building along the covered front porch.
No access is provided from the homes to the rear yard. To access the rear yard,
residents must exit the front door and move around the building. The developer stated
the layout has proven popular without the access, and safety concerns have preempted
a decision to include a rear access. Regardless, access should be provided to the rear
yard of the project from the front, via a sidewalk or other means.
The floor plan shows the twinhome units are four bedroom units. The rear of the house
is used only for bedrooms. The potential occupants are likely to be families with
children, given the proposed number of bedrooms for each unit. Play areas and outdoor
open space are already limited on the site due to the sloped rear yard. Nearby parks are
limited in size and number as well. The applicant may wish to pursue reshaping the
infiltration area to provide additional useable open space in the rear yard. Any such
work is subject to the review and approval of the city engineer.
Utilities
The applicant submitted a utility plan that shows water and sewer service provided to
each unit. The units are served by separate service, as required by City Code. The
utility plan is subject to review by the city engineer.
Recommendation
Though the existing comprehensive plan recommends commercial redevelopment for
this site, efforts to obtain commercial investment have not succeeded. The property may
be put to better use as a medium density multifamily buffer. As such, the project is a
sensible use for the site and warrants various conditional approvals.
4
Rezoning
Staff recommends approval of rezoning the property from the existing CB zoning to R-2,
subject to the following conditions:
(1) Applicant to pay all consultant costs and related fees for comprehensive plan
amendment submission and approval by the Metropolitan Council.
(2) Rezoning and Reguiding subject to review and approval by Metropolitan Council
(3) Developer must wait for city adoption of Comprehensive Plan Amendment prior
to obtaining building permits for the site.
Preliminary Plat and Lot Area Variance
Staff recommends approval of the Preliminary Plat and Lot Area Variance for
Louisiana Terrace, subject to the following conditions:
(1) Drainage and utility easements shown should be labeled. The rear drainage and
utility easement should be expanded to include the entire infiltration area.
(2) Final plat submission is required. Park dedication fees will be required at the time
of final plat approval.
(3) Planning Commission may waive review of final plat, at discretion of commission.
(4) Developer and contractors are responsible for all building permits and fees
(5) Water stop boxes shall be provided by the developer, including all necessary
permits for street work.
(6) Review and approval by city attorney, city engineer, fire inspectors, building
official, and other staff.
5
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Holy Trinity Lutheran Church
4240 Gettysburg Avenue North
SitelBuilding Plan Review, Conditional Use Permit Amendment for daycare and
school addition
Planning Case:
Petitioner:
06-14
Address:
Request:
PLANNING CASE REPORT
City of New Hope
Meeting Date:
Report Date:
July 11, 2006
June 30, 2005
I. Request
The applicant is requesting site/building plan review and a conditional use permit amendment to allow
a church expansion for expanded daycare activities and preschool and K-8 educational classes,
pursuant to Section 4-33 and 4-35 of the New Hope Code of Ordinances. The project would be
constructed in phases. Phase one would add 10,600 square feet of building space for the expanded
daycare program and preschool and elementary school programs. Phase two would add a second story
to accommodate additional classrooms. Phase three would add a gymnasium/fellowship hall to the
north of the phase two expansion. The application is for the approval of only the phase one
expansion; additional phases would be submitted for review/approval in the future.
II. Zoning Code References
Section 4-33
Section 4-35
III. Property Specifications
Zorung:
Location:
Adjacent Land Uses:
Site Area:
Building Area:
Lot Area Ratios:
Planning Case Report 06-14
Administration - Conditional Use Permit
SitelBuilding Plan Review
R-1, Single Family Residential
Northeast quadrant of 42nd A venue and Gettysburg A venue North
The property to the north, east, south and west is zoned R-1. Crystal Free
Church is to the immediate west and to the southwest across 42nd A venue is
property zoned R-2.
162,808 square feet or 3.74 acres
Existing building, 8,016 square feet
New addition, 10,640 square feet
Proposed total first phase, 18,656 square feet (existing building and addition)
Building area, 18,712 or 12% (including small storage shed)
Paved area, 31,318 square feet or 19%
Page 1
7/7/06
Planning District:
Specific Information:
IV. Background
Green space, 112,778 square feet or 69%
No.7; The Comprehensive Plan does not specifically identify this propert:
Generally, the city encourages reinvestment in properties throughout the city.
Holy Trinity Lutheran Church is operating with a conditional use permit that
it wishes to amend as is required for any church operation in an R-1, single
family residential district. It is expanding the use of its facility through the
addition of a school. The parking requirements for the school and church will
be on a shared basis, they currently provide 68 parking stalls and show a
need for 67 stalls with 71 stalls to be provided as part of the phase one
expansion.
The church will provide for part of its storm water needs through the use of
rain water gardens, one along Gettysburg A venue and one in the southeast
corner near 42nd Avenue. It has designed the outdoor play areas for the
younger children to be fenced and set back from the east property line by 20
feet. The landscape plan shows additional trees being added between the
fenced areas and the residential neighbors to the east.
The church has been in existence at this site since 1966. The area is zoned R-l, single family residential
and appears very well maintained. The church's rationale for the expansion is to better serve their
members and for outreach into the community. Holy Trinity is affiliated with the Wisconsin
Evangelical Lutheran Church Synod, which has 150 years of history operating Lutheran elementary
schools and currently operates the fourth largest non-public school system in the United States.
V. Petitioner's Comments
Holy Trinity Lutheran Church currently operates a preschool program in addition to its regular Sunday
programs. In the fall of 2006, a kindergarten program will be initiated. With phase one of the expansion
plans, room will be provided for a new daycare and first through fourth grade classrooms. Phase two
will add rooms for fifth through eighth grades. A third phase will add a gymnasium/fellowship hall
and additional parking on the site. Please refer to attached detailed narrative submitted by applicant.
VI. Notification
Property owners within 350 feet of the property were notified and staff has received no comments.
VII. Development Analysis
A. Zorung Code Criteria
Conditional Use Permit
The purpose of a conditional use permit is to provide the city with a reasonable and legally
permissible degree of discretion in determining suitability of certain designated uses upon the general
welfare, public health, and safety. In making a determination, to allow a conditional use permit
application, the city may consider the nature of adjoining land or buildings, similar uses already in
existence and located on the same premises or on other lands close by, the effect upon traffic into and
from the premises, or on any adjoining roads, and any other factors bearing on the general welfare,
Planning Case Report 06-14
Page 2
7/7/06
public health, and safety from the approval of the conditional use permit.
Criteria for Decision. The Planning Commission and City Council shall consider possible adverse
effects of the proposed conditional use. In determining whether to approve or deny a conditional use
permit, the City Council and Planillng Commission shall find that the conditional use permit complies
with the following criteria. The burden of proof demonstrating compliance with the following criteria
shall be the responsibility of the applicant.
A. Comprehensive Plan. The proposed action has been considered in relation to the specific policies
and provisions of and has been found to be consistent with the official Comprehensive Municipal
Plan of the city.
B. Compatibility. The proposed use is compatible vvith adjacent present and future anticipated land
uses.
C. Performance Standards. The proposed use conforms to all applicable performance standards
contained in the Code.
D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in
which it is proposed.
E. Zoning District Criteria. In addition to the above general criteria, the proposed use meets the
criteria specified for the various zoning districts:
1. In Residential Districts, R-l, R-2, R-3, R-4,R-5, R-B, R-O:
a. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting
business or industrial uses leading directly to thoroughfares, and not onto minor
residential streets.
b. Screening. The proposed use will be sufficiently separated by distance or screening from
adjacent residentially zoned land so that existing homes will not be materially depreciated
in value and there will be no deterrence to development of vacant land.
c. Compatible Appearance. The structure and site shall have an appearance that will not
have an adverse effect upon adjacent residential properties.
Site and Building Plan Review Code Criteria
The purpose of the site plan review is to insure that the purposes of this Code are adhered to, it is
hereby determined that a comprehensive review of site, building and development plans shall be
made by the Planning Commission and approved by the City Council prior to the issuance of any
building permits by the building official pursuant to the procedure established by this section.
In making recommendations and decisions upon site and building plan review applications, the staff,
Planillng Commission and City Council shall consider the compliance of such plans with the
following standards:
1. Consistency with the various elements and objectives of the city's long range plans, including
but not limited to the Comprehensive Plan.
2. Consistency with the purposes of this Code.
Planning Case Report 06-14
Page 3
7/7/06
3. Preservation of the site in its natural state, insofar as practicable, by minimizing tree and soil
removal, and desigillng any grade changes so as to be in keeping with the general appearance of
neighboring developed or developing areas.
4. Creation of a harmonious relationship of buildings and open spaces with the terrain and with
existing and future buildings having a visual relationship to the proposed development.
5. Creation of a functional and harmonious design for structures and site features including:
a. Creation of an internal sense of order for the varIous functions and building on the site and
provision of a desirable environment for occupants, visitors, and the general community.
b. Appropriateness of the amount and arrangement of open space and landscaping to the design
and function of the development.
c. Appropriateness of the materials, textures, colors, and details of construction as an expression
of the design concept of the project and the compatibility of the same with the adjacent and
neighboring structures and functions.
d. Adequacy of vehicular, cycling and pedestrian circulation, including walkways, interior drives
and parking, in terms of location and number of access points, general interior circulation,
separation of pedestrian, cycling and vehicular traffic and arrangement and alnount of
parking so as to be safe, convenient and, insofar as practicable, compatible with the design of
proposed buildings, structures and neighboring properties.
6. Creation of an energy-conserving design through design, location, orientation and elevation of
structures, the use and location of glass in structures, and the use of landscape materials and
site grading.
7. Protection of adjacent and neighboring properties through reasonable provisions for such matters
as surface water drainage, sound and sight buffers, preservation of views, light and air, and those
aspects of design, not adequately covered by other regulations, which may have substantial effects
on neighboring land uses.
B. Development Review Team
The Development Review Team was supportive of the request. The following comments were
made on the plans:
· New addition to be sprinkled
· At phase II addition, sprinkle existing building
III Two hour fire separation between existing and new buildings
III Provide additional over-story trees to replace trees removed
III Potential additional landscaping in front of new parking lot and building driveway entrances
III Provide trash enclosure detail, materials to match existing building
· Parking is adequate, no additional spaces required
III Clarify drop off area at church entrance
o Phase III necessitates redesign of north parking lot and curb cuts
III Consider alternate location for pre-K and younger children's playground areas - possibly to
south of addition away from residential
Planning Case Report 06-14
Page 4
7/7/06
· Provide detail (type, height, and material) for fences around playground areas and perimeter
landscaping
· Provide information on outside play area for older children - no parks in close proximity
· Where will indoor physical activities take place
· Provide sidewalk from exterior doors to proposed play areas
· Transportation issues: driveway and main drive okay, potential to be shifted south to line up
with driveway on west side of Gettysburg
· Clarify where curb and gutter is located around parking lot
· At the time parking lot is reconfigured with gym addition, provide curb and gutter around
perimeter
· Identify what pavement is new and existing
· Clarify phase ill parking arrangement
· Install concrete apron for driveway
· One existing fire hydrant along west property line
· One water connection provided
· Split fire/domestic service on outside of building
. Identify diameter of sewer service
o Use DIP pipe instead of PVC for water main
· Sewer/water service per Public Works Department requirements
fil Storm water runoff currently flows to Gettysburg Avenue and 42nd Avenue
· City engineer to determine whether fee in lieu of pond is appropriate
lit Potential installation of shallow rain garden with plantings or shrubs along Gettysburg A venue
and possibly along 42nd A venue as well
· Lighting on site compliant
C. Design and Review Committee
The Design and Review Committee was supportive of the plan. The committee reviewed all
Development Review Teams comments with the church's representatives.
D. Plan Description
1. Building Addition
The applicant proposes a new addition on the existing church. The addition is the first phase of
a three-phase expansion plan that will greatly increase the size of the church and the scope of
the activities and programming offered. The first phase consists of a school and related facilities,
totaling 10,640 square feet. The school will include daycare facilities and schooling for infant
care through fourth grade.
The second phase of the project, to be reviewed and approved at a later date, will add a second
story to the proposed addition, to contain an additional seven classrooms. These classrooms will
allow the school to grow into a Kindergarten through 8th grade program. In the project's third
phase, a gymnasium and fellowship hall will be built north of the proposed addition. At this
time, parking will be significantly reconfigured and expanded northward.
The building addition must be fully sprinkled for fire safety. In addition, a two-hour fire
separation must be built between the buildings. Landings must be provided outside building
doors that serve each classroom, but are not shown on site plans. The landings should also be
Planning Case Report 06-14
Page 5
7/7/06
connected by a sidewalk for fire safety, and should remain cleared of snow and ice in winter
months.
The new addition is proposed to be constructed of brown and tan concrete masonry block, with
metal windows and roof caps. The structure will have a flat roof.
2. Play Areas
Temporary play areas are proposed for the back yard of the daycare uses. These appear to be
fenced play areas. In revised plans, the applicant shifted the play areas away from the property
lines per the recommendation of the Design and Review Committee. While the play areas may
produce a large amount of noise, the applicant has made efforts to reduce the impacts on
adjacent property owners. Shifting the location, providing screerung, and working with
neighbors are some examples of these efforts. Fencing currently consists of a four foot high
vinyl-coated chain link fence. The play area is connected to the school by exterior classroom
doors.
In an application narrative, the petitioner indicated the play areas are scheduled to eventually
move north and east of the parking lot. Additional information should be provided for this
eventual play area, including location, size, landscaping, screerung, and any fences proposed. A
description of this change should be provided with the current application, and subsequent
plans should detail this play area on the "site master plan."
3. Trash Enclosures
The applicant proposes to install a trash enclosure on the north end of the parking lot. Revised
plans include details on the proposed trash enclosure. The enclosure will be 6 feet, 2 inches tall
and 12 feet square. The enclosure is adequately sized for the near term and long term. Proposed
construction materials for the enclosure match the material and color of the proposed addition.
The location of the proposed enclosure conflicts with the long term plan. A trash enclosure will
be needed in the long term plan, and must be rebuilt with the new gymnasium. The enclosure
may be relocated at present to avoid this need, but the orientation towards the building should
be retained. The location of a revised enclosure is subject to city review and approval.
4. Equipment Storage
The applicant proposes to replace an existing equipment storage shed currently located behind
the building, where the proposed addition will be located. The new storage area will be located
inside the building, accessed through an exterior door. During construction, this shed will be
moved across the parking lot. The proposed storage location is permitted by the Zoning Code
for this district. The shed meets all applicable requirements for accessory storage structures.
5. Parking
Parking demand is not expected to increase with the first phase of development, despite the
increased intensity of use on the site. Parking demand should remain tb.e Salne due to
differences in programming and occupied times of different areas on the site. The applicant's
narrative summarizes expected demand, which is reasonable considering the use. Without this
flexibility, the applicant would be required to provide an additional 20 spaces for the project.
However, staff feels this will not be necessary because all facilities of the church will not be in
Planning Case Report 06-14
Page 6
7/7/06
use simultaneously. Subsequent expansion of the church facilities will require parking
expansion, which will be evaluated as the church applies for each phase.
The applicant will provide new parking spaces to replace several spaces lost to the entry design
of the new structure. A ribbon curb will allow proper drainage of the parking lot into the
proposed rain garden adjacent to the seven new parking spaces.
6. Circulation Pattern
The applicant proposes new parking spaces along an existing driveway that approaches the
church drop off area. Parking will be in front of the church entrance in this area. This parking
will afford increased convenience on the site, and will not impact circulation. This driveway
should be signed for one-way traffic, unless such signage already exists.
In revised plans, the north driveway access to the site was shifted to align with an intersection
for Crystal Free Church. Aligillng these driveways improves safety. The realignment may also
improve parking lot circulation.
7. Tree Coverage and Landscaping
Substantial tree coverage exists with mature, low value trees. Thirteen trees may be removed,
but this is not a major concern given the low value of the trees proposed for elimination. Silver
maples are the primary species to be removed. Silver maples are fast-growing, brittle trees that
are often damaged in storms.
To replace the trees eliminated by the building expansion, a number of replacement trees will
be planted. These trees are concentrated on the eastern property line and the south end of the
property. The species proposed include birch and autumn blaze maple trees. All trees are 2.5
inches in diameter, which complies with the City Code requirements.
8. Lighting Plan
The applicant proposes new building-mounted lights along the new addition. The photometric
plan shows even, uniform light in the parking lot from the new fixtures. No lighting is proposed
for the rear of the addition, which will help to minimize glare on adjacent residential properties.
9. Grading, Drainage, and Erosion Control
Grading, drainage, and erosion control plans indicate several measures that will accommodate
increased impervious surfaces on the site. Drainage will be accommodated by two new
rainwater gardens. These gardens will be located in the southeast corner of the site and the west
side of the site, near driveway entrances.
The site drains in two directions, on each side of the building. The parking lot drains to the west
and south, into proposed rain garden A on the west side of the property. This area is near a
parking area with a ribbon curb to facilitate drainage. The building drains to the south, along
the east property line. A swale will facilitate drainage across the yard. Stormwater will drain to
rainwater garden B on the south end of the site.
10. Utility Plan
The utility plan shows water all.d sewer service to the site from Gettysburg A venue. In revised
plans, the applicant removed a 90 degree bend in sewer piping, replacing with two 45 degree
Planning Case Report 06-14
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7/7/06
bends. In addition, water service was separated to fire and building service outside the
building. Iron ductile piping is proposed for water service, with PVC sewer piping. Electric anc1
gas service are also provided by existing utilities. Utility plans are subject to the review of th\..
city engineer.
E. Planning Considerations
The New Hope Zorung Code allows educational and religious buildings, as well as day care
facilities, by conditional use permit in R-l zorung districts. Conditions of educational and religious
buildings include increased side yard requirements, which are double district requirements but no
greater than 30 feet. For daycare facilities, the day care must be an accessory use to an educational
or religious facility, must meet a 30 foot front yard setback, be served by an arterial or collector
street of sufficient capacity, operate under state law including licensure, and meet all building and
fire codes. The proposed uses for Holy Trinity meet these requirements.
In addition, R-l standards require "other uses" beyond single-family homes in R-1 districts to have
15,000 square feet of lot area, and 100 feet of lot width for corner lots, such as the Holy Trinity
Lutheran site. The large site and proposed layout easily meet the requirements of a conditional use
permit.
F. Building Considerations
Building official comments are incorporated into the report.
G. Legal Considerations
City attorney comments are incorporated into the report.
H. Engineering Considerations
City engineer's comments are attached, memos dated June 15 and June 29, 2006.
I. Police Considerations
Comments from the Police Department are incorporated into the report.
J. Fire Considerations
Comments from West Metro Fire are incorporated into the report.
VIII. Summary
Holy Trinity Lutheran Church has submitted an application and revised plans for a conditional use
permit amendment and site and building plan review for a 10,650 square foot daycare and school
addition on its existing facility at 4240 Gettysburg Avenue North. The project will add a substantial
building addition to the school to accommodate a preschool and elementary school and daycare
program.
IX. Recommendation
The project represents a significant improvement to the existing church building. Staff recommends
approval of a conditional use permit amendment for daycare and school uses, site and building plan
review for Holy Trinity Lutheran Church phase one expansion. Future expansion plans must be
approved incrementally. Phase one approval is subject to the following conditions:
Planning Case Report 06-14
Page 8
7/7/06
1. Execution of site improvement agreement with city (to be prepared by city attorney) and submittal
of performance bond for site improvements (amount to be determined by city engineer and
building official).
2. Comply with city engineer recommendations dated June 15 and June 29, 2006, including the
payment of storm water fee in the amount of $4,722.50.
3. Approval of plans by building official and West Metro Fire.
4. The building addition must be fully sprinkled with a two hour separation between old and new
portions of the building.
5. For convenience and fire safety, exterior doors must have approved landings installed outside the
building. Sidewalks shall connect these doors to the parking lot, building entrances, or play areas.
6. Additional information is needed on the proposed "permanent" play area north of the parking lot,
including location, placement, and fencing. This information should be provided on a "master site
plan."
7. The proposed trash enclosure shall be located to provide a permanent location, or moving the
enclosure must be approved when future building expansion plans are pursued.
8. Additional phases must be evaluated and approved through separate site and building plan review
processes prior to construction. The current approval covers only the initial one-story school
addition totaling 10,640 square feet.
Attachments: Address/Zoning/Topo/Aerial maps
Applicants Narrative
Plans
City Engineer's Comments, 6/15/06 and 6/29/06
Planner's Comments, 6/13/06 and 6/29/06
Application Log
Planning Case Report 06-14
Page 9
7/7/06
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NARRATIVE FOR THE FACILITY EXPANSION
OF
HOLY TRllaTY LUTHERAN CHURCH
4240 Gettysburg Ave. N.
New Hope, MN 55428
Phone: 763-533-3693
Present Site and Facility Use
Holy Trinity Lutheran Church currently operates a preschool program in addition to its
regular Sunday programs. The preschool conducts morning and afternoon sessions in the
fellowship hall five days per week during the school year with a maximum of 12 twelve
students per session. In the fall of 2006 a Kindergarten program will be initiated in the
current fireside room. The Kindergarten enrollment will be capped at 14 students.
Currently the average Sunday morning attendance is 115. The seating capacity of the
sanctuary is 200. The present parking lot has 69 stalls.
Rationale for Expansion
The mission of Holy Trinity Lutheran Church is to nurture the faith of those who believe
in Jesus Christ as their Savior and to reach those who don't know and believe in Jesus.
Both nurture and outreach take place as God's word is faithfully proclaimed and taught.
Holy Trinity Lutheran Church believes that a Day Care and Pre-Kindergarten through
eighth grade school program will enable us to proclaim God's word to accomplish both
nurture and outreach goals. Holy Trinity Lutheran Church is also affiliated with the
Wisconsin Evangelical Lutheran Synod, which has 150 years of history operating
Lutheran elementary schools and currently operates the fourth largest non-public school
system in the United States. To accomplish our goals we are proposing the following
expansion plan.
Phase I Expansion
In its first expansion phase Holy Trinity is planning to add 10,600 square feet of building
space. The scope and purpose of the Phase I expansion are outlined below.
Day Care Program Phase 1 will provide 3 three rooms, a kitchen and a partitioned
office for a new daycare program. The infant room will have 905 square feet, the toddler
room 900 sq. ft., the preschool age room 1,100 sq. ft. The day care program will have a
maximum of 8 infants, 16 toddlers, and 20 preschool age children totaling 44 day care
children in all. The day care program will have 7 staff members present at one time and
operate from 6 a.m. - 6 p.m.
Preschool & Elementary School Programs The Phase I expansion plan will provide
four 1000 sq. ft. class rooms and two offices. There will be one class room for the
preschool program, one for Kindergarten, one for a combined 1st & 2nd grade class, and
one for a combined 3rd & 4th grade class. One office will provide space for the church
and school secretary. The other office will be utilized by the school principal. A
breakdown of the maximum number of students according to class is: preschool 12,
Kindergarten 14, combined 1st & 2nd grade 28, combined 3rd & 4th grade 28. Total 82.
Including the secretary, teachers and principal there will be total of 5 staff members
present at one time for the school program during Phase 1. The school program will
operate from 9:00 a.m. - 3:00 p.m. Before and after school program participants may
arrive as early as 7:30 a.m. and must be picked up by 5:30 p.m.
Play Areas The Day Care program will have two play areas. The toddler play area will
be located along the south side of the new addition. The preschool age play area will be
located directly north of the new facility. Both day care play areas will be set back 20
feet from the east property line and be contained by a four foot tall, vinyl clad, chain link
fence. The play surface will be a combination of grass and wood chips/rubber mulch.
An 8 foot wide fenced ally with a concrete sidewalk along the east wall will lead to the
toddler play area.
The elementary school play area will be the green space north of the present church
parking lot. A five foot high chain link fence will run along the brow of the hill on the
east side of the property continuing around the north and west sides. A swing set and
climbing apparatus will be in place with wood chip/rubber mulch base beneath them.
During construction the temporary play area will be fenced and placed in a location
suggested by the construction company as being a safe distance from equipment.
Equipment Storage Currently a small storage shed for mowers and snow blower is
located on a concrete slab east of the present fellowship hall. During construction the
equipment shed will be relocated to the northeast corner of the parking lot. Phase one
construction will include an equipment storage area that is accessible from the outside
only.
Parking There are 69 parking spaces available in the present parking lot. Phase one
construction will eliminate up to 6 of the existing spaces. To compensate the loss, 7
spaces will be added due west of the fellowship hall along Gettysburg A venue and be
accessible from the drive through arc. These additional spaces will be screened from
Gettysburg A venue using ornamental trees and/or shrubs. With a maximum seating
capacity of 200, the occupant to parking ratio will be 2.9: 1.
Tree Preservation and Screening The nine crab apple trees screening the north property
line will remain intact. Along the east property line up to 13 trees may need to be
removed. Trees to be spared will be wrapped in orange fencing and marked. The
adjacent neighbors will be consulted regarding acceptable screening between play areas
and adjacent property lines.
Phase n Expansion
Holy Trinity Lutheran School is intended to grow into a Pre-K-8th grade program. The
phase I expansion will be constructed to support a second story with a roofline not
expected to exceed 28 feet in height. This upper lever would be able to accommodate
classrooms for grades 3-8, a computer lab, a library, and storage. The phase I 3rd & 4th
grade classroom would be converted to additional office and multi-purpose space in
phase II. As part of the phase II expansion the original secretary's office will be used as
an elevator shaft and the interior storage area converted to a stairwell.
Phase ill Expansion
The final phase of our site development plan calls for the addition of a
gymnasiumffellowship hall, which will be attached to north of the phase II addition. At
that time additional parking would be added to the north along Gettysburg Avenue. We
do not foresee the need to expand our sanctuary in the near future. We will be able to
accommodate increased worship attendance by adding additional Sunday, a Saturday or
mid-week evening services.
Traffic Flow, Ministry Hours, Traffic Volume
In general cars will cycle through the parking lot drop-off area in a counter clockwise
fashion. Cars will enter the parking area via the northern most curb cut and proceed
directly to the school or day care entrance area. After dropping their children, parents
will be able to proceed in a counter clockwise arc to exit via the same curb cut.
Sunday The Sunday schedule will remain the same or similar to the present: Family
education hour and family worship hour. We do not expect to exceed 200 occupants at
one time for Sunday worship and education programs.
Monday thru Friday Day care parents will begin dropping off children as early as 6:00
a.m. continuing through 8:30 a.m. Pick up of day care children will generally take place
between 4:00 and 5:30 P.M. Preschool and elementary school children will begin drop
off as early as 7:30 a.m. with the majority of the children arriving between 8:30 and 9:00
a.m. At the end of the school day, the majority of the school children will be picked up
between 3:00 and 3:15 p.m. Initially we are not planning to use public busing for the
school. Should we choose to do so in the future, the buses will follow the same flow
pattern as cars dropping off or picking up students.
Saturday - Outside of funerals, weddings, and occasional miscellaneous events there will
be no Saturday activities held on site.
In general the church sanctuary will not be in use during day care and school operating
hours. The only exception would be the occasional funeral. In most cases funerals are
held between drop off and pick up times of day care and school children and will not
overlap with those times.
The estimated maximum number of students enrolled in the day care and school program
after phase two (PreK-8th grade program in place) would be 180 children and 14 staff
members. Assuming that 60% or more of the students in our programs will have siblings
enrolled and/or participate in car pools, we do not anticipate more than 70 cars cycling
through the parking area each morning and afternoon.
Lighting
Currently the outdoor lighting of the sidewalks and parking lot is provided by six 100
watt high pressure sodium lamps that shine out at 450 angle from the church building.
We plan to utilize the same type of light on the front (north and west facing) side of the
new structure. Such lamps have been installed on the north side of our fellowship hall
without complaint from our neighbors.
Bonding & Insurance
Hickey, Thorstenson, Grover Ltd. of Eden Prairie has been secured to do the architectural
work and Olson Construction of New Hope will serve as general contractor for phase I
for the building expansion. Appropriate bonding and insurance will be secured for the
project.
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n Bonestroo
. ~ Rosene
1i\1I Anderlil< &
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Engineers & Architects
2335 West Highway 36 · st. Paul, MN 55113
Office: 651-636-4600' Fax: 651-636-1311
www.bonestroo.com
TO: Kirk McDonald
FROM: Vince Vander Top
DATE: June 29,2006
SUBJECT: Holy Trinity Church - 4240 Gettysburg Ave N: Plan comments
Our File No. 34-Gen NW18.06.01
We have received the revised plans for the proposed church/school expansion on the subject
property. The following comments should be considered in addition to comments previously
submitted in our 6/15/06 memo.
Preliminary Grading, Drainage, and Erosion Control Plan
1. A concrete driveway apron will be required as part of the driveway reconstruction.
The driveway must be constructed per City standards. A standard detail plate can be
provided.
2. All storm water drainage is proposed to be overland. No storm sewer is proposed on
the site. Based on conversations with City staff, the applicant has included two rain
gardens in the site plan to treat runoff from the site. The rain gardens will provide
some water quality benefit and virtually no quantity benefit. As such, it is
recommended that applicant pay a storm water fee in addition to the construction of
the rain gardens.
The storm water fee for a property typically equates to the cost an applicant would
have spent to construct a NURP storm water pond. This applicant has calculated that
a pond for this site meeting NURP requirements would cost $13,137.50. It is
recommended that this amount be used as the storm water fee. It is further
recommended that the applicant receive a credit against the fee in the amount spent to
construct the rain gardens. The total cost of the rain gardens is $8,415.00. As such
the remaining amount to be charge for the storm water fee is $4,722.50.
3. The rain garden plantings should be coordinated with the City Forester. Final
configuration of the gardens shall be reviewed and approved by the City Forester.
If you have any questions or concerns please contact me at 651-604-4790.
D st. Paul, St. Cloud, Rochester, Willmar, MN . Milwaukee, WI . Chicago, IL
Affirmative Action/Equal Opportunity Employer and Employee Owned
JLli Bonestroo
,$- Rosene
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'1 AnderHI< &
1 \I ~ Associates
Engineers &. Architects
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12335 West Highway 36 D St. Paul, MN 55113
I Office: 651-636-4600. Fax:: 651-636-1311
www.bonestroo.com
TO: Kir1'C 1\.1cDonald
FROl\'I: Vince Vander Top
DATE: June 15, 2006
SLTBJECf: HolyTtinity Church - 4240 Gettysburg Ave N: Plan comments
Our File No. 34-Gen NW18.06.01
We have received the plans for the proposed churcb!school expansion on the subject property.
The foHowing comments should be c~nsidered in the review of the application:
Premmnary Grading., Drainage, and Erosion Control Plan
1. Silt Fence is referenced on the plan around all disturbed areas. O"ilier erosion control
measures such as rock construction entrances and street sweeping maintenance "rill
be required as examples of overall erosion control measures. The applicant will be
required to obtain an NrDES permit as over] acre of property 1\W be disturbed.
2. The south curb line of the main driveway in to the property should be recon...<<tructed
approximately 5 to 10 feet to the south. This ",ill better align the driveway with the
driveway on the opposite side of the street and l\rifu the parking lot drive aisle within
the parlring lot. The curb radius should also be increased to improve the ability to
turn into the property from Gettysburg Ave.
3. The area of proposed concrete CUIbing are noted on the plan. This should be clarifi ed.
as the line type and notes are not definitively clear. It appears that concrete Clh-b
(B612) will be installed adjacent to all new pavement.
4. Concrete curb is not proposed along the new stalls on the west side of the church. 1t
appears that curbing will be difficult because of grades and drainage issues. lfB612
curb cannot be constructed, a surmountable or n"bbon cmb "'Will need to be constructed
along the parking lot edge.
5. A concrete drive~-ay apron win be required as part of the drivew-ay reconst:ruc+tion.
The driveway must be COnstrtiCted per City standards. A standard detail plate can be
provided.
6. Storm \\'ater drainage is proposed to be overland. No storm sev"er is proposed on the
site. No"\\'ater quality or quantity improvements are shown on the site. In these
ca&."'S, it is typical for a storm water fee lobe provided in lieu of water quality
improvements. For this property, it is anticipated that the fee would be on the order
of$20,000 to $25,000. _An exact fee has not been c.a1cu1ated. As disc..1ss...od
pre-viously ~ith ilie applican~ the amount of the fee would equate to the cost or
constructing a pond iu.tprovement on site.
In lieu of paying a fee, it is recommended that the City and applicant investigate the
use of shallow rain gardens on this property as a measure to address water quality.
Such gardens could be strategically located along Gettysburg Avenue and in the
proposed swale leading to 42Ild Avenue behind the church.
Examples of types of rain gardens can be provided by the City Forester and Engineer.
The garden depressions will generally be on the order of 6 to 8 inches deep such that
the potential for standing water is minimized. Soils will need to be amended as the
heavy clay soils are anticipated on this site. Specific plantings could be
recommended suitable for this type of garden. The plantings could also improve the
landscaping plan.
Rain gardens of this nature would address storm water quality treatment to a degree,
but would not address increases in storm water runoff. The plan does appear to
provide adequate Emergency overflows to Gettysburg and 42nd Avenue for major rain
events. This must be verified. No runoff shall be directed to adjacent properties.
The swale directing runoff to 420d Avenue v;rill flow over an existing sidewalk. The
elevations of the sidewalk in that area must be verified. The sidewalk must be higher
than the curb and boulevard area such that water does not pond on the sidewalk.
Preliminary Utility and Paving Plan
7. New water and sewer connections to Gettysburg Avenue are proposed.
a. Identify the diameter of the sanitary sewer connection. Use 45 degree sweeping
bends in the area of the 90-degree turn and clean out. Keep the clean-out. Use 45
degree bends.
b. Use poly-wrapped ductile iron pipe in lieu ofC9000 PVC pipe for the water
service. Connect to the water main in Gettysburg by cutting in and utilizing a
sleeve. Do not perform a wet-tap.
c. Connections to city utilities must be completed in the presence of a City
representative.
8. The fire and domestic water services must be split outside the building. Provide a
valve and stop box respectively on the lines such that either could be shut off on the
exterior of the building without interrupting the service of the other.
Proposed School Addition
9. The traffic flow pattern is acceptable. It is not clear if the arrows depicting traffic
flow are for representation on the plan or if they will be striped on the parking lot. It
is recommended that signage be provide such that it is clear that the south driveway
entrance is for ingress only.
10. The trash enclosure will not be accessible by a hauler when cars are parked in the lot. This issue should be addressed.
If you have any questions or concerns please contact me at 651-604-4790.
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
PLANNING REPORT
TO:
Kirk McDonald, Community Development Director
New Hope Planning Commission
FROM:
DATE:
RE:
NAC FILE:
Alan Brixius/ C. Carlson
June 29, 2006
Holy Trinity Lutheran Church- Addition Request
131.01 06.09
Back~round
Trinity Lutheran Church has submitted an application and revised plans for Conditional
Use Permit and Site and Building Plan Review for a 10,650 square foot Daycare and
School addition on its existing facility at 4240 Gettysburg Avenue North in New Hope.
The project will add a substantial building addition to the school to accommodate a
preschool and elementary school and daycare program. The New Hope development
review committee and design and review committee discussed the project on June 14-
15, 2006 and provided suggestions for plan improvements. The applicant submitted
revised plans on June 23,2006.
Analvsis
Location
Trinity Lutheran is located north of County Road 9 on Gettysburg Avenue, directly east
of Crystal Free Church.
Lot Information:
Zoning District: R-1
Lot area: 3.53 acres, 153,971 s.f.
Lot dimensions: approximately 555 feet by 329 feet, less a 54 by 386 foot "jog"
Existing Building Coverage: 8,233 s.f.
Proposed Building- expansion phase I: 10,640 s.f. of new space
Lot coverage: Existing: 5.3% Proposed: 12.2%
Proposed Uses Under Zoninq Code:
The New Hope Zoning Code allows educational and religious buildings, as well as day
care facilities, by Conditional Use Permit in R-1 zoning districts. These uses are
proposed for the Trinity Lutheran Church expansion.
Conditions of educational and religious buildings include increased side yard
requirements, which are double district requirements but no greater than 30 feet. The
proposed addition and school complies with these requirements, providing a 30 foot
side yard setback.
For daycare facilities, the day care must be an accessory use to an educational or
religious facility, must meet a 30 foot front yard setback, be served by an arterial or
collector street of sufficient capacity, operate under state law including licensure, and
meet all building and fire codes. The proposed uses for Trinity Lutheran meet these
requirements.
In addition, R-1 standards require "other uses" beyond single-family homes in R-1
districts to have 15,000 square feet of lot area, and 100 feet of lot width for corner lots,
such as the Holy Trinity Lutheran site. The large site and proposed layout easily meet
the requirements of a Conditional Use Permit.
Site Plan Review
Buildinq Addition
The applicant proposes a new addition on the existing church. The addition is the first
phase of a three-phase expansion plan that will greatly increase the size of the church
and the scope of the activities and programming offered. The first phase consists of a
school and related facilities, totaling 10,640 square feet. The school will include daycare
facilities and schooling for infant care through fourth grade.
The second phase of the project, to be reviewed and approved at a later date, will add a
second story to the proposed addition, to contain an additional seven classrooms.
These classrooms will allow the school to grow into a Kindergarten through 8th grade
program. In the project's third phase, a gymnasium and fellowship hall will be built north
of the proposed addition. At this time, parking will be significantly reconfigured and
expanded northward.
The building addition must be fully sprinkled for fire safety. In addition, a two-hour fire
separation must be built between the buildings. Landings must be provided outside
building doors that serve each classroom, but are not shown on site plans. The landings
should also be connected by a sidewalk for fire safety, and should remain cleared of
snow and ice in winter months.
The new addition is proposed to be constructed of brown and tan concrete masonry
block, with metal windows and roof caps. The structure will have a flat roof.
Play Areas
Temporary play areas are proposed for the back yard of the daycare uses. These
appear to be fenced play areas. In revised plans, the applicant shifted the play areas
away from the property lines per the recommendation of the design and review
committee. While the play areas may produce a large amount of noise, the applicant
has made efforts to reduce the impacts on adjacent property owners. Shifting the
location, providing screening, and working with neighbors are some examples of these
efforts. Fencing currently consists of a four foot high vinyl-coated chain link fence. The
play area is connected to the school by exterior classroom doors.
In an application narrative, the play areas are scheduled to eventually move north and
east of the parking lot. Additional information should be provided for this eventual play
2
area, including location, size, landscaping, screening, and any fences proposed. A
description of this change should be provided with the current application, and
subsequent plans should detail this play area on the "site master plan".
Trash Enclosures
The applicant proposes to install a trash enclosure on the north end of the parking lot.
Revised plans include details on the proposed trash enclosure. The enclosure will be 6
feet, 2 inches tall and twelve feet square. The enclosure is adequately sized for the near
term and long term. Proposed construction materials for the enclosure match the
material and color of the proposed addition. The proposed enclosure conflicts with the
long term plan. A trash enclosure will be needed in the long term plan, and must be
rebuilt with the new gymnasium. The enclosure may be relocated at present to avoid
this need, but the orientation towards the building should be retained. The location of a
revised enclosure is subject to city review and approval.
Equipment Storage
The applicant proposes to replace an existing equipment storage shed currently located
behind the building, where the proposed addition will be located. The new storage area
will be located inside the building, accessed through an exterior door. During
construction, this shed will be moved across the parking lot. The proposed storage
location is permitted by the Zoning Code for this district. The shed meets all applicable
requirements for accessory storage structures.
Parkinq
Parking demand is not expected to increase with the first phase of development, despite
the increased intensity of use on the site. Parking demand should remain the same due
to differences in programming and occupied times of different areas on the site. The
applicant's narrative summarizes expected demand, which is reasonable considering
the use. Without this flexibility, the applicant would be required to provide an additional
20 spaces for the project. However, staff feels this will not be necessary because all
facilities of the church will not be in use simultaneously. Subsequent expansion of the
church facilities will require parking expansion, which will be evaluated as the church
applies for each phase.
The applicant will provide new parking spaces to replace several spaces lost to the
entry design of the new structure. A ribbon curb will allow proper drainage of the parking
lot into the proposed rain garden adjacent to the seven new parking spaces
Circulation Pattern
The applicant proposes new parking spaces along an existing driveway that approaches
the church drop off area. Parking will be in front of the church entrance in this area. This
parking will afford increased convenience on the site, and will not impact circulation.
This driveway should be signed for one-way traffic, unless such signage already exists.
In revised plans, the north driveway access to the site was shifted to align with an
intersection for Crystal Free Church. Aligning these driveways improves safety. The
realignment may also improve parking lot circulation.
,..,
.)
Tree Coveraoe and Landscaping
Substantial tree coverage exists with mature, low value trees. 13 trees may be
removed, but this is not a major concern given the low value of the trees proposed for
elimination. Silver maples are the primary species to be removed. Silver maples are
fast-growing, brittle trees that are often damaged in storms.
To replace the trees eliminated by the building expansion, a number of replacement
trees will be planted. These trees are concentrated on the eastern property line and the
south end of the property. The species proposed include birch and autumn blaze maple
trees. All trees are 2.5 inches in diameter, which complies with the City Code
requirements.
Liohtinq Plan
The applicant proposes new building-mounted lights along the new addition. The
photometric plan shows even, uniform light in the parking lot from the new fixtures. No
lighting is proposed for the rear of the addition, which will help to minimize glare on
adjacent residential properties.
Gradino, Drainaoe. and Erosion Control
Grading, drainage, and erosion control plans indicate several measures that will
accommodate increased impervious surfaces on the site. Drainage will be
accommodated by two new rainwater gardens. These gardens will be located in the
southeast corner of the site and the west side of the site, near driveway entrances.
The site drains in two directions, on each site of the building. The parking lot drains to
the west and south, into proposed rain garden A on the west side of the property. This
area is near a parking area with a ribbon curb to facilitate drainage. The building drains
to the south, along the east property line. A swale will facilitate drainage across the
yard. Stormwater will drain to rainwater garden B on the south end of the site.
Utilitv Plan
The utility plan shows water and sewer service to the site from Gettysburg Avenue. In
revised plans, the applicant removed a 90 degree bend in sewer piping, replacing with
two 45 degree bends. In addition, water service was separated to fire and building
service outside the building. Iron ductile piping is proposed for water service, with PVC
sewer piping. Electric and gas service are also provided by existing utilities. Utility plans
are subject to the review of the city engineer.
Recommendation
The project represents a significant improvement to the existing church building.
Staff recommends approval of conditional use permit for daycare and school uses, site
and building plan review for Holy Trinity Lutheran Church phase one expansion. Future
expansion plans must be approved incrementally. Phase one approval is subject to the
following conditions:
1. The building addition must be fully sprinkled with a two hour separation between
old and new portions of the building.
4
2. For convenience and fire safety, exterior doors must have approved landings
installed outside the building. Sidewalks shall connect these doors to the parking
lot, building entrances, or play areas.
3. Additional information is needed on the proposed "permanent" play area north of
the parking lot, including location, placement, and fencing. This information
should be provided on a "master site plan".
4. The proposed trash enclosure shall be located to provide a permanent location,
or moving the enclosure must be approved when future building expansion plans
are pursued.
5. Additional phases must be evaluated and approved through separate site and
building plan review processes prior to construction. The current approval covers
only the initial one-story school addition totaling 10,640 square feet.
6. Other conditions from city staff and consultants.
5
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway. Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
MEMORANDUM
TO:
Kirk McDonald, Community Development Director
Development Review Committee
FROM:
DATE:
RE:
NAC FILE:
Alan Brixius/ C. Carlson
June 13, 2006
Holy Trinity Lutheran Church- Addition Request
131.01 06.09
Trinity Lutheran Church has submitted an application and plans for Conditional Use
Permit and Site and Building Plan Review for a 10,650 square foot Daycare and School
addition on its existing facility at 4240 Gettysburg Avenue North in New Hope. The
project will add a substantial building addition to the school to accommodate a
preschool and elementary school and daycare program.
Location
Trinity Lutheran is located north of County Road 9 on Gettysburg Avenue, directly east
of Crystal Free Church.
Lot Information:
Zoning District: R-1
Lot area: 3.53 acres, 153,971 s.f.
Lot dimensions: approximately 555 feet by 329 feet, minus a 54 by 386 foot "jog"
Existing Building Coverage: 8,233 s.f.
Proposed Building- expansion phase I: 10,600 s.f.
Lot coverage ratio: Existing: 5.3% Proposed: 12.2% Allowed: 65%
Tree Coverage
Substantial tree coverage exists with mature, low-value trees. 13 trees may be
removed, but this is not a major concern given the low value of the trees proposed for
elimination.
Additional landscaping should be provided to replace the trees lost to the new building.
Overstory trees should be planted along the east side of the building for screening from
adjacent single-family homes.
Proposed Uses Under Zoninq Code:
The New Hope Zoning Code allows educational and religious buildings, as well as day
care facilities, by Conditional Use Permit in R-1 zoning districts.
Conditions of educational and religious buildings include increased side yard
requirements, which are double district requirements but no greater than 30 feet.
For daycare facilities, the day care must be an accessory use to an educational or
religious facility, must meet a 30 foot front yard setback, be served by an arterial or
collector street of sufficient capacity, operate under state law including licensure, and
meet all building and fire codes.
In addition, R-1 standards require "other uses" beyond single-family homes in R-1
districts to have 15,000 square feet of lot area, and 100 feet of lot width for corner lots,
such as the Holy Trinity Lutheran site. The large site and proposed layout easily meet
the requirements of a Conditional Use Permit.
Equipment Storaqe
The applicant proposes to replace an existing equipment storage shed currently located
behind the building, where the proposed addition will be located. The new storage area
will be located inside the building,' accessed through an exterior door. During
construction, this shed will be moved across the parking lot. The proposed storage
location is permitted by the Zoning Code for this district. The shed meets all applicable
requirements for accessory storage structures.
Utilitv Plan
The utility plan shows PVC piping. This is not an acceptable material, and should be
replaced with iron ductile piping. In addition, the 90 degree bend in the sewer piping.
This should be changed to two, 45 degree bends. In addition, water should be
separated to fire and building service outside the building.
Buildinq Plans
The building addition must be fully sprinkled for fire safety. In addition, a two-hour fire
separation must be built between the buildings. Landings must be provided outside
building doors that serve each classroom. These should be connected by a sidewalk for
fire safety for the school. The sidewalk should connect to play areas and the exterior
building doors, and remain cleared of snow and ice in winter months.
Trash Enclosures
The applicant proposes to install a trash enclosure on the north end of the parking lot.
This enclosure will be a welcome addition to the property, and should match the building
materials and color of the proposed addition. The enclosure should also be built to an
adequate height to screen any dumpsters within the enclosure.
Gradinq and Drainaqe
Two areas should be used for drainage- the front of the building in front of proposed
new parking stalls, separated by ribbon curb for drainage, and on the southeast side of
the property near the property line. These areas are lower than others and are well
suited for this purpose. Drainage otherwise appears adequate on the site.
Parkinq
Parking demand is not expected to increase, despite the increased intensity of use on
the site. Parking demand should remain the same due to differences in programming
and occupied times of different areas on the site. The applicant's narrative summarizes
expected demand, which is reasonable considering the use. Without this flexibility, the
applicant would be required to provide an additional 20 spaces for the project. However,
2
staff feels this will not be necessary because all facilities of the church will not be in use
simultaneously.
The applicant will provide new parking spaces to replace several spaces lost to the
entry design of the new structure. A ribbon curb should be used for this parking area to
facilitate drainage.
Circulation Pattern
The applicant proposes new parking spaces along an existing driveway that approaches
the church drop off area. Parking will be in front of the church entrance in this area. This
parking will afford increased convenience on the site, and will not impact circulation.
This driveway should be signed for one-way traffic, unless such signage already exists.
The city engineer should comment on the driveway's outlet relative to the parking lot
entrance/exit. Traffic conflicts could arise from the confluence of traffic at this location.
Still, no problems currently exist, and traffic coming from the driveway may circulate
around the parking lot counter clockwise.
The north driveway access does not align with an intersection for Crystal Free Church.
Aligning these driveways would improve safety, and may be warranted with the
proposed expansion. Aligning the driveway with the Crystal Free curb cut would also
improve parking lot circulation and may increase parking by one space.
Curb and gutter installation/relocation should be clarified on the plans. The location and
type of any curb and gutter work should be noted.
Play Areas
Temporary play areas are proposed for the back yard of the daycare uses. These
appear to be fenced play areas. The play areas may produce a large amount of noise,
and are proposed to abut the property line. Adjacent property owners may be negatively
affected by this noise, especially since some of these homes come close to the rear
property line (4209 Flag in particular, is approximately 25 feet (estimated) from the
property line). As a result, an alternate location is suggested for play areas. The area
south of the proposed addition, east of the existing sanctuary, may provide a better
location for a fenced play area. In addition to a greater amount of play space, the site
retains shaded tree area and is still a safe distance from County Road 9. A fenced or
unfenced sidewalk could connect classroom space with the proposed play area.
Alternatively, play space could be located across the parking lot in the expansive open
area north of the church. This is listed in the applicant's narrative as the permanent
location when construction is complete. Additional information should be provided for
this eventual play area, including location, size, landscaping, screening, and any fences
proposed.
3
Recommendations for Plan Revisions
Overall, the project represents a significant improvement to the existing church building.
Revised plans should address a few potential concerns with the project:
1. Additional overstory tree landscaping should be provided in the rear yard to offset
losses from tree removal.
2. Trash enclosures should match building material of the building addition.
3. Utility plan should be revised to replace PVC with iron piping, replace 90 degree
bend with two 45 degree bends, and retain c1eanout.
4. Water service should be separated for fire and building service outside the
building. The building addition should be fully sprinkled with a two hour
separation between old and new portions of the building.
5. The city engineer should comment on any potential circulation problems with the
existing "drop off" driveway and parking lot entrance.
6. . Play areas should be relocated further. from homes on Flag Avenue. Potential
areas include the area south of the addition and east of the sanctuary, or the
area north of the parking lot.
7. For convenience and fire safety, sidewalks should be added around the building
perimeter to provide a connection between the exterior doors and the play areas.
8. Additional information should be provided on the type, height, and material of
fences proposed for the play areas. These areas should also provide perimeter
landscaping.
9. Additional information is needed on the proposed "permanent" play area north of
the parking lot, including site, placement, fencing, or other information.
10. Other comments by city staff and consultants.
4
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PLANNING CASE REPORT
City of New Hope
Meeting Date:
Report Date:
July 11, 2006
July 5, 2006
Planning Case:
Petitioner:
06-10
Request:
City of New Hope
City wide
Ordinance amending the New Hope Sign Code section 3-40
Address:
I. Request
City staff is requesting Planning Commission approval of the attached ordinance amending the
language of the New Hope Zoning Code to improve the code's legibility and to make the sign code
more business-friendly.
II. Zoning Code References
Section 3-40
Sign Code
III. Property Specifications
Zoning:
All Zoning Districts
IV. Background
Per direction from the city manager, at the April 24 City Council meeting, staff presented the Council
with a request to consider updating the sign code as it pertains to business signage. Staff explained that
some local businesses feel that the current code is too restrictive. Staff outlined two common
complaints:
1) The temporary sign code is restrictive when a business holds multiple promotions that require
advertising during a given year.
2) Amending a comprehensive sign plan for multiple occupancy businesses can be too complex and
time consuming.
In response to the Council's direction, staff initiated an expedited overvie'iv of the sign code to improve
the code's legibility and to make it more business-friendly. Staff first scheduled a meeting to discuss
'ivhat is currently in the code and produce preliminary staff revisions. Following the meeting, staff met
with the city attorney and planning consultant on May 22 to further discuss potential revisions. The
results from these meetings were presented to the Codes and Standards Commission on June 9. The
Codes and Standards Committee made additional suggestions 'i,vhich the city attorney included in his
draft of ordinance amendment. (attached)
Planning Case Report 06-10
Page 1
7/5/06
The result of these meetings is a proposed draft amendment that directly addresses the 1:\vo issue~
listed above. In addition, the amended ordinance improves the consistency and readability of the.
section.
V. Petitioner's Comments
Staff requested the city planner review the potential change to the zoning code and make
recommendations for changes to the code.
VI. Notification
Amendments to the sign code do not require notice to be published in the official newspaper of the
city. However, staff did advertise a review of the sign code in the spring issue of the Business Link,
and received several calls from businesses supporting more flexibility in the sign code. Businesses that
contacted staff include Arc's Value Village Thrift Store, All-Star Sports, and Down on 42nd: An Upscale
Consignment Boutique.
VII. Development Analysis
Initial staff recommendations were discussed by the city planner and the city attorney. Staff/consultant
recommendations were reviewed by the Codes and Standards Committee. The city planner prepared a
report outlining recommended changes to the code and highlights are as follows:
Setback Requirements: To increase legibility, the city may wish to repeat the language of this section
in other places of the code.
General Standards: An amendment updates required ,vind and snow loads on signage.
On-premise directional signage: It is suggested that the ordinance be revised to allow four square feet
for directional signage.
Off-premise directional signage: Some uses in New Hope may benefit from off-site directional
signage, particularly if public benefit can be realized from off-site signage.
Number of wall signs per building: The code currently regulates the number of wall signs on a
building, as well as the sign area. Staff discussed whether the limitation on number of signs is
necessary, provided the signs meet area requirements.
Window Signage: The existing Sign Code allows up to 33 percent of window area for advertisement.
Staff recommends strengthening the code to clarify that window signage is a~owed only on the interior
side of windows.
Special event signs/permits: A number of revisions are suggested for special event signs and permits.
TI1.ese changes include additional allowed events, shorter required review periods, clarification of
qualifyu1.g events, establishing setback requirements, and other changes.
Planning Case Report 06-10
Page 2
7/5/06
Comprehensive Sign Plan: A number of reviews and comments by staff and community members
have revealed that the existing comprehensive sign plan requirement is confusing and difficult to
follow. Specifically, sign age requirements and processing require clarification in the ordinance.
Tenant Signage: The Planning Commission may wish to provide additional flexibility for property
owners to distribute signage between tenants.
Review Procedures and Informational Requirements: The city manager or designee shall be
responsible for review and approval of further amendments to the comprehensive sign plan, wall and
freestanding signs, and temporary/special event permit requests.
VIII. City Attorney Comments/Draft Ordinance
Based on the discussions of the Codes and Standards Commission, the city attorney prepared a draft
ordinance with recommended changes. (attached)
IX. Codes and Standards Committee
Staff and the Codes and Standards Committee have discussed and reviewed the proposed ordinance
and recommend approval of the amendments to the full Planning Commission.
Attachments:
· Draft ordinance
CD City planner's amendment memo
· Staff amendments
· Business Link
Planning Case Report 06-10
Page 3
7/5/06
ORDINANCE NO. 06-05
AN ORDINANCE AMENDING
NEW HOPE CODE SECTION 3-40 REGULATING SIGN CODE
The City Council of the City of New Hope ordains:
Section 1. Section 3-40(b)(1)(b) "Construction of Words" of the New Hope City Code is hereby
amended to read as follows:
3-40(b )(1)(b) Construction of Words. Whenever a word or term appears in the text of this sign code,
its meaning shall be defined in subsection 3-40(b)(2) of this Code. A word or term not specifically
defined by subsection 3-40(b )(2) herein, shall be defined by the definition sections of chapter 4 or
chapter 1 of this Code, if applicable, otherwise it shall have its ordinary dictionary meaning.
Section 2. Section 3-40(c )(2) "Building and Electrical Codes Applicable" of the New Hope City Code
is hereby amended to read as follows:
3-40(c)(2) Building and Electrical Codes Applicable. All signs shall be wired to conform to
subsection 3-22(a)(2) of this Code. Sign structures shall be designed to withstand a 50 psfsnow load
and 90 psf of wind pressure.
Section 3. Section 3-40(f)(4)(b) "Directional Si~s" of the New Hope City Code is hereby amended to
read as follows:
3-40(f)( 4)(b) Directional Signs. On premise, directional signs not exceeding four square feet in area
subject to the setback requirements of section 3-40(c)(4)(b) of this Code.
Section 4. Section 3-40(f)(4)(c) "Garage Sale Signs" of the New Hope City Code is hereby amended
by amending subsection (3) to read as follows:
3 -40( f)( 4)( c )(3) Garage sale signs shall be setback a minimum of 10 feet from the back of the curb
unless a sidewalk is present at the sign location, in which case the sign must be setback behind the
sidewalk. On all corner lots, garage sale signs shall not be permitted \vithin 20 feet of any comer
formed by the intersection of two streets or the rights-of-way of a railway intersecting a street. The 20
feet shall be in the form of an isosceles triangle with the two equa120-foot sides measured from the
back of the curb of the intersecting streets or railway right-of-way and the third side formed by a
straight line connecting the corners of each 20-foot point as measured.
Section 5. Section 3-40(f)( 4)( d) "Open House Signs" of the New Hope City Code is hereby amended
by amending subsection (2) to read as follows:
3-40(f)(4)(d)(2) Open house signs shall be entirely setback a minimum of 10 feet from the back of
the curb unless a sidewalk is present at the sign location, in which case the entire sign must be setback
behind the sidewalk. On all corner lots, open house signs shall not be permitted within 20 feet of any
corner formed by the intersection of two streets or the rights-of-way of a railway intersecting a street.
The 20 feet shall be in the form or an isosceles triangle with the two equal 20-foot sides measured
from the back of the curb of intersecting streets or railway right-of-way and the third side formed by a
straight line connecting the corners of each 20-foot point as measured.
Section 6. Section 3-40(g) "Residential Districts" of the New Hope City Code is hereby amended by
amending subsection (1) to read as follows:
3-40(g)(1) All signs identified in subsection 3-40(f) of this Code subject to the following setback
requirements:
(a) No sign requiring a permit shall be erected or temporarily placed within a street right-
of-way or upon public lands, easements or rights-of-way. Signs requiring a permit
must be located on private property. Freestanding signs shall be setback a minimum
of 10 feet from the nearest lot line. The setback shall be measured from the lot line to
that portion of the sign nearest to the lot line. On all comer lots, signs requiring a
permit shall not be permitted within 20 feet of any comer fonned by the intersection
of two streets or the rights-of-way of a railway intersecting a street. The 20 feet shall
be in the fonn of an isosceles triangle with the two equal 20- foot sides fonned by and
measured along the property lines and the third side fonned by a straight line
connecting the comers of each 20-foot point as measured along the property lines.
(b) Freestanding signs not requiring a permit as described in Section 3-40(f) of this Code
shall be setback a minimum of 10 feet from the back of the curb unless a sidewalk is
present at the sign location, in which case the sign must be setback behind the
sidewalk. On all comer lots, signs not requiring a permit shall not be permitted
within 20 feet of any comer fonned by the intersection of two streets or the rights-of-
way of a rajJway intersecting a street. The 20 feet shall be in the fonn of an isosceles
triangle with the two equa120-foot sides measured from the back of the curb of the
intersecting streets or rajJway right-of-way and the third side fonned by a straight line
connecting the comers of each 20-foot point as measured.
Section 7. Section 3-40(g)(3)(b) "Monument SiQ11s" of the New Hope City Code is hereby amended to
read as follows:
3-40(g)(3)(b) Monument Signs. For each principal building on a lot, there shall be not more than one
freestanding monument sign except on a comer lot where two signs, one facing each street, shall be
permitted. No such signs shall exceed 100 square feet in area. Monument signs may not exceed 12 feet
in height. The monument sign may include a reader board as part of the allowable sign area.
Section 8. Section 3-40(g)(3)(d) "Off-Premise Directional Signs" of the New Hope City Code is
hereby amended to read as follows:
3-40(g)(3)(d) Off-Premise Directional Signs. Off-premise directional signs shall be limited to
situations where access is confusing and traffic safety may be jeopardized or traffic could be
inappropriately routed through residential streets as determined by the City. Off-site directional signs
may be requested and provided subject to an application process described in Section 3-40(1) of this
Code. The size of the sign shall not exceed 2 square feet and the sign shall be a traffic control
direction sign. The Building Official and Police Department shall detennine \vhether an off-site
directional sign will improve traffic safety or flow. If a directional sign is deemed appropriate, a
directional sign may be placed on an existing traffic control sign or a new sign in the right-of-way may
be erected to direct traffic to the specified site. The applicant shall pay all costs for the sign, including
its installation, maintenance, and the applicable permit fees.
Section 9. Section 3-40(i) "Commercial and Industrial Zonin?: District" of the New Hope City Code is
hereby amended by amending subsection (1) to read as follows:
2
3-40(i)(1) All signs identified in subsection 3-40(f) of this Code subject to the following setback
requirements:
(a) No sign requiring a permit shall be erected or temporarily placed within a street right-
of-way or upon public lands, easements or rights-of-way. Signs requiring a permit
must be located on private property. Freestanding signs shall be setback a minimum
of 10 feet from the nearest lot line. The setback shall be measured from the lot line to
that portion of the sign nearest to the lot line. On all corner lots, signs requiring a
permit shall not be permitted within 20 feet of any corner formed by the intersection
of two streets or the rights-of-way of a railway intersecting a street. The 20 feet shall
be in the form of an isosceles triangle with the two equa120- foot sides formed by and
measured along the property lines and the third side formed by a straight line
connecting the comers of each 20-foot point as measured along the property lines.
(b) Freestanding signs not requiring a permit as described in Section 3-40(f) of this Code
shall be setback a minimum of 10 feet from the back of the curb unless a sidewalk is
present at the sign location, in which case the sign must be setback behind the
sidewalk. On all comer lots, signs not requiring a permit shall not be permitted
within 20 feet of any corner formed by the intersection of two streets or the rights-of-
way of a railway intersecting a street. The 20 feet shall be in the form of an isosceles
triangle with the two equa120-foot sides measured from the back of the curb of the
intersecting streets or railway right-of-way and the third side formed by a straight line
connecting the corners of each 20- foot point as measured.
Section 10. Section 3-40(i)(2)(a) "Wall Signs" of the New Hope City Code is hereby amended by
amending subsection (1) to read as follows:
3-40(i)(2)(a) Wall Signs.
(1) Not more than two wall signs per building. Buildings facing multiple rights-of-way are
allowed two signs per wall facing each right-of-way.
Section 11. Section 3-40(i)(2)( d) "Windo\v Signs" of the New Hope City Code is hereby amended by
amending subsections (1) and (2) to read as follows:
3-340(i)(2)(d) Window Signs.
(1) Maximum FVindow Area. In no event shall the size of the interior .window signage
exceed 33 percent of the window area of the one side of the building upon which said signs
are displayed. All window signage affixed to the window must be mounted on the interior
side of the window.
(2) flluminated Signs. An interior window sign may be illuminated, provided that the
window sign is mounted on the interior of the window and the illumination source is inside
the building as well..
Section 12. Section 3-40(i)(2)(f) "Banners. Pennants. Streamers. Strings of Lights. Searchlights" of
the New Hope City Code is hereby amended to read as follows:
3
3-40(i)(2)(f) Banners, pennants, streamers, strings of lights, searchlights. Portable signs, banners,
pennants, springboard signs, vehicle-mounted signs, streamers, strings of lights, search lights or any
other temporary sign are permitted only for commercial or industrial special or promotional events of a
limited duration by permit acquired from the City pursuant to the following conditions:
(1) Special or Promotional Events. Special or promotional events shall mean events such as
grand openings, management or ownership changes, or periodic sales or similar events. Such
events must be related to the specific business located v..rithin the City of New Hope.
(2) Penn it Application. Permits for any temporary sign pursuant to this section shall be
issued only to owners or tenants, or their respective agents, of commercial or industrial
property. Applications must be submitted to the City Building Official on a form approved by
the City a minimum of one (1) business day prior to the special or promotional event when
the signs v..rill be used.
(3) Permit Duration. All permits issued hereunder shall be for a maximum period of 14
days and shall expire automatically after said period. Upon the permit expiration, the
applicant shall cease to display any and all signs permitted by the permit unless the applicant
has obtained a new permit for said signage.
(4) Limitation on Penn its. No more than four (4) permits yearly shall be issued to anyone
property or location. If two (2) permits are obtained in succession by any applicant per
subsection (2) above, both permits shall be counted for the purpose of determining the yearly
limitations of this subsection.
(5) Sign Locations.
(a) All special or promotional signs must be located on the premises where the
event is occurring.
(b) Signage shall not exceed 50 square feet for special event signage.
(c) In the event sign permits are simultaneously held by multiple tenants in a
multiple occupancy building, the signs must be located at least 100 feet apart.
(d) No temporary sign shall be erected or temporarily placed within a street
right-of-way or upon public lands, easements or rights-of-way. Temporary signs
must be located on private property. Freestanding signs shall be setback a minimum
of 10 feet from the nearest lot line. The setback shall be measured from the lot line to
that portion of the sign nearest to the lot line. On all comer lots, temporary signs
shall not be permitted within 20 feet of any comer formed by the intersection of two
streets or the rights-of-way of a railway intersecting a street. The 20 feet shall be in
the form of an isosceles triangle with the two equal 20-foot sides formed by and
measured along the property lines and the third side formed by a straight line
connecting the comers of each 20-foot point as measured along the property lines.
(6) Grand Openings and Under New Management. Not\vithstanding the duration provisions
of subsection (2) above, grand opening signage may be for a maximum period of 30 days.
Such grand opening or under new management events must be related to the specific business
located within the City of New Hope.
4
(7) Exception. Temporary signs permitted by subsection 3-40(f) of this Code shall be
exempt from the requirements of this Section.
(8) Noncompliance. Violation of any conditions of this section will result in a forfeiture of
additional sign permits for the property under this Section for a period of 12 months from the
date of the violation. The permit forfeiture shall be in addition to any other penalties for Code
violations allowed by this Code.
Section 13. Section 3-40(i)(2)(g) "Reader Boards" of the New Hope City Code is hereby amended by
amending subsections (2) and (3) to read as follows:
3-40(i)(2)(g) Reader Boards.
(2) The reader board area shall not exceed more than 50 percent of the wall, freestanding, or
monument sign erected.
(3) No more than one reader board per premise is permitted.
Section 14. Section 3-40(i)(3) "Signs Accessorv to Multiple Occupancv Business and Industrial
uses. Including ShoppinQ: Centers" of the New Hope City Code is hereby amended to read as follows:
Section 3-40(i)(3) Signs AccessOlY to Multiple Occupancy Business and Industrial uses, Including
Shopping Centers. When a single principal building is devoted to two or more businesses or industrial
uses, a comprehensive sign plan for the entire building or shopping center shall be submitted.
(a) Review and Approval Required. The comprehensive sign plan is subject to review
and approval by the City Council and shall include the information required by this
subsection of this Code. The City Council shall detennine, based on staff review and
Planning Commission recommendation, whether the comprehensive sign plan is consistent
with sections b through f of Section 3-40(i)(3) below. No permit shall be issued for an
individual use except upon a determination that it is consistent with a previously or
concurrently approved comprehensive sign plan. Amendments to previously approved plans
may be processed administratively.
(b) Pwpose. The effect of said comprehensive sign plan is to allow and require the
owner of multiple occupancy structures to determine the specific individual sign requirements
for the tenants of the building. As sign locations, size and other sign details may be of some
significant importance in lease arrangements between owner and tenant, it is the City's
intention to establish general requirements for the overall building only, thus providing a
building owner with both the flexibility and responsibility to deal with his individual tenants
on their specific sign needs.
(c) Comprehensive Sign Plan Infonnation. The applicant shall prepare a written and graphic
comprehensive signage plan for submission to the city. Said plan shall include, but not be
limited to the following information:
(1) Sign location (both wall signs and freestanding signs)
(2) Sign area
(3) Sign height
(4) Scaled building elevations
(5) Scaled floor plan that outlines tenant bays
5
(6) Identification of sign design
(7) Sign construction drawings (sections)
(8) The council, planning commission and city staff may request additional
information from the applicant concerning the application or may retain expert
opinions at the expense ofthe city, or may require as a condition of proceeding with
its consideration that the applicant furnish expert opinion and data at the expense of
the applicant.
(d) Wall signs.
(1) Maximum Area. The total allowable sign area for a multiple occupancy structure
shall not exceed 15 percent of the combined wall surfaces on walls which abut streets
in business or industrial zoning districts. The total allowable sign area for a multiple
occupancy structure shall not exceed 10 percent of the combined wall surfaces on
walls which abut streets in industrial zoning districts.
(2) Building Identification. No multiple occupancy structure may display more than
two overall building identification signs.
(3) Tenant Identification Signs. Individual tenants located within multiple
occupancy structures shall be permitted to display individual identification signs, if
they have separate exterior entrances to their use or they are tenants in a shopping
center. Individual tenant wall signs may occupy up to 15 percent of a tenant's
individual building elevation facing a public street, or 30 square feet, whichever is
greater. A maximum of one tenant identification sign is allowed for each tenant,
except a tenant occupying a corner location fronting two streets may display
identification signs to both street frontages.
(4) Delivel)' Signs. A delivery sign or signs not exceeding nine square feet in area
may be located on the side or rear wall of the structure.
(e) Freestanding Sign.
(1) Shopping Centers. Shopping centers containing more than four separate and
distinct occupancies may erect one freestanding sign per street frontage, not to exceed
two freestanding shopping center signs per site, (single or double faced).
(i) Each ground sign may not exceed 200 square feet in area, nor 30
feet in height. In lieu of multiple freestanding signs, the shopping
center may have a single freestanding sign not to exceed 300 square
feet in area nor 30 feet in height.
(ii) Reader boards in accordance with subsection 3-40(i)(2)g of this
Code shall also be allowed on each freestanding sign per street
frontage notwithstanding subsection 3-40(i)(2)g.3 of this Code
provided the inclusion of said boards in combination with the tenant
directory and center identification does not exceed the maximum
allowable sign area.
(2) Other Multiple Occupancies. Multiple occupancy structures other than
shopping centers, or shopping centers having four or less separate and distinct
6
occupancies, may erect ground signs in accordance with the provisions of subsection
3-40(i)(2) of this Code and may identify each separate and distinct occupancy on said
ground sign.
(3) Single Occupancy Freestanding Satellite Sites. Not more than one freestanding
sign shall be permitted per satellite site.
(i) Freestanding signs shall not exceed 100 square feet in area.
(ii) Freestanding signs shall not exceed 30 feet in height.
(f) Fee, Comprehensive Sign Plan Review. When a comprehensive sign plan review is
required by this Section, the applicant shall pay a review fee in addition to a permit fees set
forth in chapter 14 of this Code. The review fee shall be identical to that used for Site and
Building Plan Review.
Section 15. Section 3-40(j)(3) "Amortization Schedule" of the New Hope City Code is hereby
repealed in its entirety.
Section 16. Section 3-40(1) "Review Procedures and Informational Requirements" of the New
Hope City Code is hereby amended to read as follows:
3-40(1) Review Procedures and Informational Requirements.
(1) Sign Application. The applicant must complete and submit a sign permit application for
approval by the City Manager or designee. New comprehensive sign plans are subj ect to the
approval of the City Council, upon the recommendation of the Planning Commission and
staff. Amendments to previously approved Comprehensive Sign Plans may be processed
administratively.
(2) Penn it Issued if Application is in Order. The City Building Official, upon the filing of
an application for a permit, shall examine such plans, specifications and other data and the
premises upon which it is proposed to erect the sign. If it appears that the proposed structure
is in compliance with all requirements of this chapter and all other laws and ordinances of the
City, the permit shall be issued. If the work authorized under a permit has not been completed
within 60 days after the date of issuance, the permit shall be null and void.
(3) City Council Approval. When this chapter requires City Council approval for a sign, the
application shall be processed in accordance with the procedural and substantive requirements
of the New Hope Zoning Code for Site and Building Plan Review and shall be subject to the
requirements of Minn. Stat. S 15.99 relating to 60-day review of applications.
(4) Fees. Fees for the review and processing of sign permit applications shall be imposed in
accordance with the fee schedule established by Chapter 14 of the City Code. The fee for
comprehensive sign plan review shall be identical to Site and Building Plan Review.
Section 17. Effective Date. This Ordinance shall be effective upon its passage and publication.
Dated the
day of
,2006.
7
Martin E. Opem Sr., Mayor
Attest:
Valerie Leone, City Clerk
(published in the New Hope-Golden Valley Sun-Post the _ day of
,2006.)
P:\Anorney\Cnh OrdinaneesI99.80605-0rd 06-05 Amend Sign Code See 3-40.doe
8
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MI\J 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
MEMORANDUM
TO: Kirk McDonald, Community Development Director
Carlos Espinosa, CD Intern
FROM: Charles Carlson/Alan Brixius
DATE: May 31,2006
RE: Sign Ordinance Review
NAC FILE: 131.0006.
The city of New Hope is in the process of reviewing its existing Sign Code (section 3-40
of New Hope City Code) to identify any potential code amendments to improve the
code's legibility and to make the sign code more business-friendly. This memo details
many of the proposed changes.
3-40(b) Rules and Definitions
Correct section 3-40 (b )(1)b to fix incorrect citation.
Proposed language:
b. Construction of words. Whenever a word or term appears in the text of this sign code, its
meaning shall be defined in subsection 3-40(b)(2) of this Code. A word or term not specifically
defined by subsection 3-40(b )(2) herein, shall be defined by the definition sections of chapter 4
or chapter 1 of this Code, if applicable, otherwise it shall have its ordinary dictionary meaning.
3:41 3-40(c)(4) Setback requirements
Setback requirements are defined in Section 3-40 (c)(4). This section defines setback
requirements for signs that require permits, and for signs without permits. This section is
cited many times throughout the Sign Code, and is one of the most common sign code
violations. To increase legibility, the city may wish to repeat the language of this section
in other places of the code. However, care must be taken as the setback language is
fairly complex and eliminating citations would lead to a lengthy, repetitive code.
Therefore, the best strategy may involve repeating the code text in each district section
for legibility, but leaving other setback references as citations.
Please note that any future changes to the setback requirements for signs must amend
each and every instance of the setback requirement. Careful tracking and management
of these instances will be required for any future code updates.
3:41 3-40{c}(2) General standards
An amendmentto 3-40(c)(2) updates required wind and snow loads on signage. Signs
will be required to withstand an additional ten psf of snow and wind loads, as follows:
Proposed language:
(2) Building and electrical codes applicable. All signs shall be wired to conform to subsection
3-22(a) (2) of this Code. Sign structures shall be designed to withstand a 50 psf snow load and 90
psf of wind pressure.
3:43 3-40(f)(4)b On-premise directional signage
Section 3-40(f)(4)b allows directional signage not exceeding two square feet. In many
applications, the permitted two square feet is inadequate for direction, especially in the
presence of additional signage. It is therefore suggested that the ordinance be revised
to allow four square feet for directional signage. The city may wish to address off-
premise directional signage in this section, prohibiting such signage except as provided
by the off-premise signage in the residential section of the code.
Proposed language:
b. Directional signs. On-premise directional signs not exceeding four square feet in area subject
to the setback requirements of section 3-40( c)( 4)(b) of this Code.
3:43 3-40(f){4)c Garage Sale Signage
This section details the garage sale sign age regulations. The setback requirements are
listed as a cross reference in this section. The Planning Commission should discuss
whether to retain this cross reference or to spell out the allowed location in the garage
sale sign section. If the city includes the language, this section would read:
Proposed language:
3-40(c)(3) Garage sale signs shall be setback a minimum often feet from the back ofthe curb
unless a sidewalk is present at the sign location, in which case the sign must be setback behind
the sidewalk. On all comer lots, garage sale signs shall not be permitted within 20 feet of any
corner formed by the intersection of two streets or the rights-of-way of a railway intersecting a
street. The 20 feet shall be in the form of an isosceles triangle with the two equal 20- foot sides
measured from the back ofthe curb of the intersecting streets or railway right-of-way and the
third side formed by a straight line connecting the comers of each 20-foot point as measured.
3:44 3-40(f)(4)d Open House Signage
Open house signs are required to identify address, month, dates, and days of the week
for open house events, but this information is rarely provided as open house signs are
generally reusable signs placed only on the day of the event. The additional information
as required by the Sign Ordinance may be unnecessary. The provision 3-40(f)(4 )d.2
may be repealed. Setbacks could be described in this section as well, if desired, as
shown below.
Proposed language:
2. ;\.11 signs shall clearly identify the address, month, dates or days of the v,'eek of the event.
2
3. Open house signs shall be entirely setback a minimum often feet from the back of the curb
unless a sidewalk is present at the sign location, in which case the entire sign must be setback
behind the sidewalk. On all corner lots, open house signs shall not be permitted within 20 feet of
any corner formed by the intersection of two streets or the rights-of-way of a railway intersecting
a street. The 20 feet shall be in the form of an isosceles triangle with the two equal20-foot sides
measured from the back of the curb of the intersecting streets or railway right-of-way and the
third side formed by a straight line connecting the corners of each 20-foot point as measured.
3:44.2 3-40(g) Residential District Signage
Residential signage must meet applicable setback requirements, as established in
section 3-40(c)(4). The setback language shall be repeated in the district sections of the
sign code.
Proposed language:
(1) All signs identified in subsection 3-40(f) ofthis code.
(a) No sign requiring a permit shall be erected or temporarily placed within a street
right-of-way or upon public lands, easements or rights-of-way. Signs requiring a permit
must be located on private property. Freestanding signs shall be set back a minimum of
ten feet from the nearest lot line. The setback shall be measured from the lot line to that
portion of the sign nearest to the lot line. On all corner lots, signs requiring a permit shall
not be permitted within 20 feet of any corner formed by the intersection of two streets or
the rights-of-way of a railway intersecting a street. The 20 feet shall be in the form of an
isosceles triangle with the two equal 20- foot sides formed by and measured along the
property lines and the third side formed by a straight line connecting the corners of each
20-foot point as measured along the property lines.
(b) Freestanding signs not requiring a permit as described in section3-40(f) of this Code
shall be setback a minimum often feet from the back of the curb unless a sidewalk is
present at the sign location, in which case the sign must be setback behind the sidewalk.
On all corner lots, signs not requiring a permit shall not be permitted within 20 feet of
any corner formed by the intersection of two streets or the rights-of-way of a railway
intersecting a street. The 20 feet shall be in the form of an isosceles triangle with the two
equa120-foot sides measured from the back of the curb of the intersecting streets or
railway right-of-way and the third side formed by a straight line connecting the corners of
each 20- foot point as measured.
3:45 3-40(g)(3)b Residential District Ground Signage
Residential districts are allowed monument signs for churches, schools, nonprofits and
governmental buildings. Monument signs are limited to 75 square feet, but 100 square
feet will be consistent with other parts of the code while remaining appropriate for the
district. It is recommended that the allowable monument sign are be increased to 100
square feet.
Proposed language:
b. l\1onument signs. For each principal building on a lot, there shall be not more than one
freestanding monument sign except on a corner lot where two signs, one facing each street, shall
be permitted. No such signs shall exceed 100 square feet in area. Monument signs may not
'"
.)
exceed 12 feet in height. The monument sign may include a reader board as part of the allowable
SIgn area.
3:45 3-40{g)(3)d Off-premise directional signage
Some uses in New Hope may benefit from off-site directional signage, particularly if
public benefit can be realized from off-site signage. Upon discussion with staff, it was
determined that the building official and police department may allow for a permanent
off-site directional sign. This sign would be a government sign, up to two square feet in
area, either attached to existing signage or a new government sign within the right-of-
way.
Additional discussion should take place on this item regarding required criteria for
allowing off-site directional signage.
Current language
d. Off-premise directional signs. Off-premise directional signs shall be limited to situations
where access is confusing and traffic safety may be jeopardized or traffic could be
inappropriately routed through residential streets. The size of the sign shall not exceed 75 square
feet in area or 12 feet in height. The off-premise sign shall not interfere with uses of the lot on
which its sign is located.
Proposed language
d. Off-premise directional signs. Off-premise directional signs shall be limited to situations
where access is confusing and traffic safety may be jeopardized or traffic could be
inappropriately routed through residential streets. Off-site directional signs may be requested,
and provided subject to an application process described in section 3-40 (1) of this ordinance. The
size of the sign shall not exceed hvo square feet, and the sign shall be a traffic control directional
sign. The Building Official and Police Department shall determine whether an off-site direction
sign will improve traffic safety or flow. If a directional sign is deemed appropriate, a directional
sign may be placed on an existing traffic control sign or a new sign in the right-of-way may be
erected to direct traffic to the specified site. The applicant shall pay the cost of the sign,
installation, maintenance, and applicable permit fees.
Commercial and Industrial District Si~na~e
3:46 3-40{i)(1) Commercial/lndustrial District Signage Setback Requirements
Commercial and Industrial signage must meet applicable setback requirements, as
established in section 3-40(c)(4). The code language shall be repeated in the district
sections of the sign code.
Proposed language:
(1) All signs identified in subsection 3-40(f) oftms code.
(a) No sign requiring a permit shall be erected or temporarily placed within a street
right-of-way or upon public lands, easements or rights-of-way. Signs requiring a permit
must be located on private property. Freestanding signs shall be set back a minimum of
ten feet from the nearest lot line. The setback shall be measured from the lot line to that
portion of the sign nearest to the lot line. On all corner lots, signs requiring a permit shall
not be permitted within 20 feet of any comer formed by the intersection ofhvo streets or
the rights-of-way of a railway intersecting a street. The 20 feet shall be in the form of an
isosceles triangle with the two equal 20- foot sides formed by and measured along the
4
property lines and the third side formed by a straight line connecting the corners of each
20-foot point as measured along the property lines.
(b) Freestanding signs not requiring a permit as described in section 3-40(f) of this Code
shall be setback a minimum of ten feet from the back of the curb unless a sidewalk is
present at the sign location, in which case the sign must be setback behind the sidewalk.
On all corner lots, signs not requiring a permit shall not be permitted within 20 feet of
any corner formed by the intersection of two streets or the rights-of-way of a railway
intersecting a street. The 20 feet shall be in the form of an isosceles triangle with the two
equa120-foot sides measured from the back of the curb of the intersecting streets or
railway right-of-way and the third side formed by a straight line connecting the corners of
each 20-foot point as measured.
3:46 3-40(i)(2)a Number of wall signs per building
The code currently regulates the number of wall signs on a building, as well as the sign
area. Staff discussed whether the limitation on number of signs is necessary, provided
the signs meet area requirements.
Proposed language:
a. Wall signs:
1. Not more than two wall signs per building. Buildings facing multiple rights-of-way are
allowed two signs per right-of-way facing wall.
2. The total area of all wall signs shall not exceed the lesser of 15 percent of the front face of
the principal commercial or industrial building or 250 square feet
If the city wishes to allow additional signs, two approaches may be used. First, a higher
number of signs may be allowed, for instance allowing three or four instead of two
signs. Second, the sign number limitation could be repealed completely. Planning
Commission members should discuss whether to increase the allowable number of
signs, or to eliminate the provision. From a planning perspective, many small signs can
create a cluttered look (see Gas & Splash as an example). Still, just two signs per
building may be restrictive if a building has multiple frontages.
3:47 3-40(i)(2)d Window signage
The existing Sign Code allows up to 33 percent of window area for advertisement. Staff
recommends strengthening the code to clarify that window signage is allowed only on
the interior side of windows.
Proposed language:
d. Window signs.
1. Maximum window area. In no event shall the size of the interior window signage exceed 33
percent of the window area of the one side of the building upon which said signs are displayed.
All window signage affixed to the window must be mounted on the interior side of the window.
2. Illuminated signs. An interior window sign may be illuminated, provided that the window
sign is mounted on the interior of the window and the illumination source is inside the building
as well.
3:47-3:48 3-40(i)(2)f Special event signs/permits
5
A number of revisions are suggested for special event signs and permits. These
changes include additional allowed events, shorter required review periods, clarification
of qualifying events, establishing setback requirements, and other changes.
Proposed language:
f. Banners, pennants, streamers, strings of lights, searchlights. Portable signs, banners,
pennants, springboard signs, vehicle-mounted signs, streamers, strings oflights, search lights or
any other temporary sign are permitted only for commercial or industrial special or promotional
events of a limited duration by permit acquired from the city pursuant to the following
conditions:
1. Special or promotional events. Special or promotional events shall mean events such as grand
openings, management or ownership changes, or periodic sales or similar events. Such events
must be related to the specific business located within the city of New Hope.
2. Permit application. Permits for any temporary sign pursuant to this section shall be issued
only to owners and tenants, or their representative agents of commercial or industrial property.
Applications must be submitted to the city building official on a form approved by the city a
minimum of one (1) business day prior to the special or promotional event when the signs will be
used.
3. Permit duration. All permits issued hereunder shall be for a maximum period of 14 days and
shall expire automatically after said period. Upon the permit expiration, the applicant shall cease
to display any and all signs permitted by the permit unless the applicant has obtained a new
permit for said signage.
4. Limitation on permits. No more than four permits yearly shall be issued to anyone property,
tenant, or location. If two or more permits are obtained in succession by any applicant per
subsection 2 above, each permit shall be counted for the purpose of determining the yearly
limitations of this subsection.
5. Sign locations.
(a) All special or promotional signs must be located on the premises where the event is
occurnng.
(b) Signage shall not exceed 50 square feet for special event signage.
(c)In the event that sign permits are simultaneously held by multiple tenants in a multiple
occupancy building, the signs must be located at least 100 feet apart.
(d) No temporary sign shall be erected or temporarily placed within a street right-of-way
or upon public lands, easements or rights-of-way. Temporary signs must be located on
private property. Freestanding signs shall be set back a minimum of ten feet from the
nearest lot line. The setback shall be measured from the lot line to that portion of the sign
nearest to the lot line. On all comer lots, temporary signs shall not be permitted within 20
feet of any comer formed by the intersection of two streets or the rights-of-way of a
railway intersecting a street. The 20 feet shall be in the form of an isosceles triangle v;rJ.th
the two equa120-foot sides formed by and measured along the property lines and the
third side formed by a straight line connecting the comers of each 20- foot point as
measured along the property lines.
6. Grand Openings and Under New Management. Notwithstanding the duration provisions of
subsection 2 above, grand opening sign age may be for a maximum period of 30 days. Such grand
opening or Under New Management events must be related to the specific business located
within the city of New Hope.
7. Exception. Temporary signs permitted by subsection 3-40(f) of this Code shall be exempt
from the requirements of this section.
6
3:48 3-40(i)(2)(g) Reader boards
Reader boards are allowed as freestanding, wall, or monument signs. Reader boards
are allowed as up to 50 percent of a sign, or 50 square feet on freestanding/monument
signs. The Planning Commission should discuss whether this amount of reader board
signage is appropriate. The allowed reader board signage is large compared with most
existing reader boards. Staff recommends retaining the existing regulation limiting
reader board signage to one per property.
Proposed language:
2. The reader board area shall not exceed more than 50 percent of the wall, freestanding, or
monument sign erected.
3. No more than one reader board per premise is permitted.
3:48-3:49 3-40{i)(3) Comprehensive Sign Plan
A number of reviews and comments by staff and community members have revealed
that the existing comprehensive sign plan requirement is confusing and difficult to
follow. Specifically, signage requirements and processing require clarification in the
ordinance.
Proposed language:
(3) Signs accessory to multiple occupancy business and industrial uses, including
shopping centers. When a single principal building is devoted to two or more businesses or
industrial uses, a comprehensive sign plan for the entire building or shopping center shall be
submitted.
a. Review and Approval Required. The comprehensive sign plan is subject to review and
approval by the City Council and shall include the information required by this subsection ofthis
Code. The City Council shall determine, based on staff review and Planning Commission
recommendation, whether the comprehensive sign plan is consistent with sections b through of
section 3-40(i)(3), below. No permit shall be issued for an individual use except upon a
determination that it is consistent with a previously or concurrently approved comprehensive
sign plan. Amendments to previously approved plans may be processed administratively.
b. Purpose. The effect of said comprehensive sign plan is to allow and require the owner of
multiple occupancy structures to determine the specific individual sign requirements for the
tenants of his building. As sign locations, size and other sign details may be of some significant
importance in lease arrangements between owner and tenant, it is the city's intention to establish
general requirements for the overall building only, thus providing a building owner with both the
flexibility and responsibility to deal with his individual tenants on their specific sign needs.
...c. Comprehensive Sign Plan Information. etc, renumbered.
f. Fee, comprehensive sign plan review. When a comprehensive sign plan review is required by
this section, the applicant shall pay a review fee in addition to a permit fees set forth in chapter
14 of this Code. The review fee shall be identical to that used for Site and Building Plan Review.
The comprehensive sign plan process, as described above, should be discussed by the
Planning Commission. Existing sign plans are not subject to the process, but any
amendments to these comprehensive sign plans shall be approved by the City Council.
7
The proposed ordinance establishes a fee for sign plan review, identical to site and
building plan review.
3:49 3-40(i)(3)(b) Tenant Signage
Wall signage for individual tenants in a multiple occupancy structure is limited to 100
square feet. The building may have up to 15 percent of walls which abut public streets
as signage. The Planning Commission may wish to provide additional flexibility for
property owners to distribute signage between tenants. While 100 square feet may be
excessively large for a small retail tenant, a major store (such as a grocery store in a
multiple occupancy shopping center) would be limited to 100 square feet. Staff suggests
changing the code to repeal the 100 square foot maximum per individual tenant, but
retain the maximum percentage of area at 15 percent, extending the fifteen percent to
individual tenants. Thus, under the proposed ordinance the individual tenant space in a
shopping center may occupy up to 15 percent of the area abutting a public street. In the
event of narrow or small/shared storefronts, tenants are allowed at least 30 square feet
for wall signage. As before, corner tenants receive one sign for each side that abuts a
public street or right-of-way. If multiple wall signs are allowed above, multiple tenant wall
signs should be allowed for consistency within the Code.
Existing:
1. Maximum area. The total allowable sign area for a multiple occupancy structure shall not
exceed 15 percent of the combined wall surfaces on walls which abut streets in business or
industrial zoning districts. No individual tenant identification sign may exceed 100 square feet in
area.
3. Tenant identification signs. Individual tenants located within multiple occupancy structures
shall be permitted to display individual identification signs, if they have separate exterior
entrances to their use or they are tenants in a shopping center, in which case, not more than one
sign may be displayed. A tenant occupying a comer location fronting two streets may display
identification signs to both street frontages.
Proposed language:
1. Maximum area. The total allowable sign area for a multiple occupancy structure shall not
exceed 15 percent of the combined wall surfaces on walls which abut streets in business zoning
districts. The total allowable sign area for a multiple occupancy structure shall not exceed 10
percent of the combined wall surfaces on walls which abut streets in industrial zoning districts.
3. Tenant identification signs. Individual tenants located within multiple occupancy structures
shall be permitted to display individual identification signs, if they have separate exterior
entrances to their use or they are tenants in a shopping center. Individual tenant wall signs may
occupy up to 15 percent of a tenant's individual building elevation facing a public street, or 30
square feet, whichever is greater. * * A maximum of one tenant identification sign is allowed for
each tenant, except ** a tenant occupying a corner location fronting two streets may display
identification signs to both street frontages.
** only if multiple wall signs are allowed, see above.
3:50 3-40(i)(3)c Freestanding/Ground Signage
Staff discussed whether to revise the allowed ground signage for shopping centers and
multiple occupancy buildings was adequate. Staff discussed the potential of eliminating
8
the option to construct a single, 300 square foot freestanding sign. The Planning
Commission should review and discuss this provision in the ordinance
Current Language:
Each ground sign may not exceed 200 square feet in area, nor 30 feet in height. In lieu of
multiple freestanding signs, the shopping center may have a single freestanding sign not to
exceed 300 square feet in area nor 30 feet in height.
3:51 3-400)(3) Amortization
Staff recommends repealing the Code requirement that nonconforming signs be brought
into conformance by December 31,2006. This is provision 3-40 0)(3).
Proposed Language:
(3) f.mortization schedule. fill)' legal nonconforming sign shall be brought in to compliance
'.yith this Code or remo';ed by December 31, 2003.
3:51 3-40(1) Review Procedures and Informational Requirements
As discussed above, the City Council shall be responsible for approval of an initial
comprehensive sign plan. The City Manager or Designee shall be responsible for review
and approval of further amendments to the comprehensive sign plan, wall and
freestanding signs, and temporary/special event permit requests. Requests for signage
shall follow the 60-day requirements (MN 15.99), except that special event signage shall
be processed the day before the event.
Proposed Language:
(1) Review procedures and informational requirements.
(1) Sign application. The applicant must complete and submit a sign permit application for
approval by the city manager or designee. New comprehensive sign plans are subject to the
approval of the City Council, upon the recommendation of the Planning Commission and staff.
Amendments to previously approved Comprehensive Sign Plans may be processed
administratively.
(2) Permit issued if application is in order. The city building official, upon the filing of an
application for a permit, shall examine such plans, specifications and other data and the premises
upon which it is proposed to erect the sign. If it appears that the proposed structure is in
compliance with all requirements of this chapter and all other laws and ordinances of the city, the
permit shall be issued. If the work authorized under a permit has not been completed within 60
days after the date of issuance, the permit shall be null and void.
(3) City council approval. When this chapter requires city council approval for a sign, the
application shall be processed in accordance with the procedural and substantive requirements of
the New Hope Zoning Ordinance for site and building plan review, and shall be subject to the
requirements of MN statute S 15 .99 relating to 60-day review of applications.
(4) Fees. Fees for the review and processing of sign permit applications shall be imposed in
accordance with the fee schedule established by chapter 14 ofthe City Code. The fee for
comprehensive sign plan review shall be identical to Site and Building Plan Review.
9
Memorandum
To:
Codes and Standards Committee
Dan Donahue, City Manager
Kirk McDonald, CD Director
Steve Sondrall, City Attorney
Alan Brixius, City Planner
Roger Axel, Building Official
Chuck Tatro, General Inspector
Curtis Jacobsen, CD Specialist
Kim Green, CD Assistant
From:
Carlos Espinosa, CD Intern
June 2nd, 2006
Codes & Standards Meeting Agenda - June 9th, 2006,7:00 A..M
Date:
Subj ect:
Per direction from the City Manager, at the April 24th City Council meeting staff approached
the council with a request to consider updating the sign code as it pertains to business signage.
Staff explained that some local businesses feel that the current code is too restrictive. Staff
outlined two common complaints:
1) The temporary sign code is restrictive when a business holds multiple promotions that
require advertising during a given year.
2) Amending a comprehensive sign plan for multiple occupancy businesses can be too complex
and time consuming.
In response to the council's decision, we initiated an expedited overview of the sign code as it
pertains to businesses signage. We first scheduled a staff meeting to discuss what is currently in
the code and produce preliminary staff revisions. Following the staff meeting, we met with the
City Attorney and Planning Consultant on May 22nd to further discuss potential revisions. The
suggestions from these meetings are summarized in the following reports by the planning
consultant and staff.
Staff recommends that the committee review and discuss the attached information and
recommend approval of the ordinance amendments. Staff will then present the changes to the
full planning commission and City Council for consideration and approval.
Attachments: RFA and applicable minutes from the council meeting, planning consultant
summary followed by corresponding highlighted sections of the city code, and staff suggested
updates.
We hope you are able to attend the June 9th meeting. Please contact Carlos Espinosa,
Community Development Intern at (763) 535-5114 if you are unable to attend.
Staff Suggested Sign Code Updates from Monday May 8th
Formatting Requests
1) Too much flipping back and forth the find references to other sections. For example,
"all signs shall be setback in compliance with section 3-40( c)( 4 )(b)
2) Better section definition with letters in Bold. For example, instead of:
( c) general standards. . . . . .
(1) Sign Permits.....
It should be:
(C) GENERAL STANDARDS.........
(1) Sign Permits......
Text Change suggestions
The First Page: (Minor Change) "3-42(b )(2)" should be changed to "3-
40(b )(2)"
Page CD3:4J:
( c) 2. Last sentence should be changed to "50 psf snow load and 90 psf wind pressure"
Page CD3:43
(4) b. Should the size of the size be enlarged to 3 square feet?
(4) (c) - What should be the garage sign size?
4. Can the building official give an exception to this? Would an offsite garage sign
require a variance?
Page CD3:44
d. 2. Should this be deleted? Open house signs are usually only out for the day of the
event
Page CD3:44.2
(10) "must be removed" should be balded
Page CD3:45
b. 75 feet should match (4)a. Area identification signs (currently 100) -Should it be
changed to match 75 or 100?
c.2. reader boards should not exceed 50% of the wall? Is this too big or too small?
Page CD3:46
(i) a. 1. (AI) Walls signs - Should it be 1 sign at 100 sq ft. large or 2 signs each at 100 Sq.
ft. large?
(i) b. 3. There needs to be discussion on height for non-freeway "monument signs" vs.
"signs" .
Page CD3:47
d. 1. It should be noted that advertising signs must be inside business windows.
d. 3. Inside signs are okay, but it should be clearly stated that outside window signs
require a temporary sign permit.
f. "Banners, pennants, etc." should be expanded to include "ATM, powerball, and live
mannequin advertising".
f. How to deal with live mannequins (ie. Liberty Tax) -
1) Can they carry a sign or not?
2) Do they need a permit?
3) What about if the live mannequin is on the business's own property?
Page CD3:48
Top: the business owner or tenants need a sign permit, but should the "sign supplier"
need a permit? (i.e. Fast Signs Inc.)
Top: should the rest of the sentence after "city" be deleted?
3. Is 14 days long enough or not?
4. Roger recommends increasing the number of events to 4 or 5.
5. Should the second sentence be deleted? (Signage shall not.. .).
6. Define grand opening. Does it have to be local? (i.e. A new caribou opens in St. Louis
Park can the location in new hope have "grand opening" signage?)
Page CD3:49
Top: The top descriptive paragraph should contain:
1) How a comprehensive sign plan is initially approved (planning commission and City
Council)
2) How a comprehensive sigh plan can be amended (It can be done administratively)
3) A discussion ofthe significant difference between one tenant and many tenants.
b.3. Anchor tenants should be identified by the owner, but how does an owner do this? -
Does a tenant have to occupy a certain percentage to building to be considered
an anchor?
What about an apex store in the inner corner of an >"L" - can it have two signs
because it has two frontages?
Page CD3:50
c. 1. i. what about a 300 square foot option for signs on freeways?
d. What should the fee for a comprehensive sign plan be? $100- $200? For
administrative amendment support?
Page CD3:51
(3) Update the DATE for nonconforming signs to come into compliance.
Inside this issue I"""
Developme.Tltupdate .... 2 .
CooperCljP .................... 2 .
Bravo award .................. 3
Busmesses in the news... 3
National Night Out. .....4
NCRCboard .................. 4
Parks and Recreation
facilities and programs ... 4
LDI is New Hope's first
Outstanding Business Award winner
Spring 2006 · Edition 42
Liberty Diver-
sified Indus-
tries (LDI) re-
cently became
the first New
Hope business
to receive the
city's new Out-
standing Business
. Award for spring
2006. The recog-
nition program
is intended to
honor businesses
for having a
longstanding
presence in New
Hope, for mak-
. .
mg a major con-
tribution to the
community, for
outstanding property maintenance
or improvements, or for major
expansion or relocation within
the city. In introducing the award,
Kirk McDonald, community de-
velopment"director, noted, ~'I
think LDI has done all of these."
LDI received two nominations
for the award, and was unani-
mously selected by the City Coun-
cil as the first recipient.
The New Hope City Counci{ presented the Outstanding Business
Award to LDI on May 22. In attendance were (back row) council
members Karen Nolte, Steve Sommer, Andy Hoffe, and Mary Gwin-
Lenth and (front row) LDI CEO ,Vdke Fiterman, Mayor Martin Opem Sr,
and LDI executive vice president David Lenzen.
"\^1hen acceptL.'1g the award, LDT
CEO Mike Fiterman said, "We re-
ally work at being a good corpo-
rate neighbor, but it takes a
special community to take the
time to recognize what we try to
do. The thing we love about New
Hope - where we have had our
headquarters and several of our
divisions for over 27 years - is
that we truly have a partnership
with the government, the residents,
continued 011 page 3
City seeks proposals for
new single=f.FlrnHy neigborhood
The New Hope City Council
recently approved a Request
for Proposals (RFP) process to
determine contractors' interest in
developing housing on the eight-
acre city-owned site near 52nd
and Pennsylvania avenues. The
COlL.'"lcil hopes to attract a devel-
oper who is interested in con-
structing a high-value,
single-family neighborhood that
has four lli-Uts or fewer per acre
and that has as little impact as
possible on the existing neighbor-
hood to the north. The Council
also expects qualified developers
to build the project without fi-
nancial assistance from the city
and to provide the city with fair
compensation for the land.
A Canadifu, Pacific railroad line is
located just to the south of the
parcel at 52nd and Pennsylvania.
The city plans to use proceeds
from the potential sale of the city-
owned property to fund more
than $100,000 in "quiet zone"
improvements to the railroad
crossing iust to the west of the
development site. With those im-
provements, the entire east/west
railway corridor in New Hope
would qualify for Federal Railroad
Administration quiet zone desig-
nation. Quiet zone status would
eliTD.Ln.ate routine sounding of
train whistles everY time a train
approached a cros~ing within
that corridor. The designation
would be a big benefit to residents
in the proposed neighborhood as
well as other neighborhoods
continued on page 2
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Memorandum
r;Cffi\
"'.'''.~
To: Planning Commission
From: Kirk McDonald, Community Development Director
Kim Berggren, Community Development Assistant
Date: July 11, 2006
Subject: Discussion to initiate review of design guidelines for commercial areas
At the request of the City Council, at the June 6, 2006 Planning Commission meeting, the
Commission discussed reviewing and revising design guidelines for the City Center
area and possibly other commercial areas in the city. The Commission agreed to discuss
the goals for the design guidelines at the end of its July 11 meeting. The process will
include forming a sub-committee to redraft the guidelines over the next few months,
and reconvening the full Planning Commission to determine the final recommendation
that will be presented to the City Council.
Background
For the past several years the city has been revievving and evaluating options for improving
the City Center and other commercial areas in New Hope. On February 21, 2006, the City
Council discussed its desire to examine design guidelines and the :incorporation of additional
transit facilities into the city. At the May 15, 2006, meeting, council members indicated that
they felt the city should utilize the expertise on the Planning Commission and directed staff
to work with the Planning Commission to review and revise the existing City Center draft
design guidelines, which were drafted by the City Center Task Force :in 2003/2004 with the
assistance of a planning consultant from DSU. In summary, council members provided the
following comments:
II The commercial areas in New Hope lack a cohesive appearance.
II Design guidelines would provide design standards for new construction and
improvements to existing properties.
II The City Center Task Force put significant effort into the draft City Center design
guidelines, which were never adopted by the city. The Council seeks a
recommendation from the Planning Commission on how to revise and adopt the
draft design guidelines for City Center (and possibly other commercial areas).
II The design guidelines should focus on the area around 42nd and W:innetka avenues,
but the Planning Commission could make a recommendation about any other
commercial areas :in the city that would benefit from design guidelines (i.e. Medicine
Lake Road and Winnetka Avenue).
At the June 6, 2006, Planning Commission meeting, the Commission agreed to review and
revise the design guidelines. In summary, commissioners provided the following comments:
.. The Master Streetscape Plan from 1998 should also be reviewed and incorporated
.. The full Planning Commission should start with a general discussion to set
overall goals and direction, then form a subcommittee to redraft the guidelines
II The guidelines could achieve a more cohesive look from one building to the next
without overly restricting building colors and designs
II Commissioners were pleased that the City Council recognized the experience and
expertise on the Planning Commission and sought a recommendation from the
commission.
Next steps
Please find attached in a separate packet a copy of the 1998 City Center Streetscape Master
Plan and the 2004 City Center Framework Manual Chapter 5. At this time, the City Council
has directed staff to work with the Planning Commission to revise the design guidelines,
without assistance by consultants.
As discussed at the June 6 meeting, and outlined in the attached process diagram, the
Planning Commission will discuss design guidelines at the end of the July 11 meeting. Staff
has prepared a presentation to review the history related to design guidelines and master
planning for City Center and to outline the purpose of and possible approaches to design
guidelines.
The goal for the July 11 meeting is for the Planning Commission to provide general direction
for proceeding with design guidelines for the City Center area (and perhaps other
commercial areas in the city) and to select a subcommittee. The subcommittee will meet over
the next few months to review and redraft the guidelines. The subcommittee will present the
draft to the full commission at a meeting in September or October and the full commission's
recommendations ,vill be presented to the City Council at a subsequent meeting.
Attachments
" Summary diagram: Design Guidelines process
The following two documents will be provided to the Planning Commission in a separate
packet. Copies are also available in the Community Development Department.
" 1998 City Center Streetscape Master Plan
" 2004 Chapter 5 of City Center Framework Manual: Design. Guidelines
. Page 2
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Memorandum
To:
Planning Commission
Kirk McDonald, Director of Community Development
July 7, 2006
From:
Date:
Subj ect:
Miscellaneous Issues
NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional
detail on Council/EDA actions on Community Development related issues or other city projects. It is
not required reading and is optional information provided for your review, at your discretion.
1. June 12 Council Meeting - At the June 12 Council meeting, the Council discussed the following
planning/development/housing items:
fil PC06-08, Resolution extending 60-day time limit required by MN Stat. 915.99 Subd. 2 in
response to zoning application requesting a rezoning text amendment, a variance to lot
area requirements and platting and subdivision approval at 5551 Louisiana Avenue:
Approved, see attached Council request.
fil Project #795, Resolution accepting PariPassu Development's withdrawal from the
proposed Bass Lake Road Apartments redevelopment project: Approved, see attached
Council request.
fil PC06-06 and Project #740, Resolution authorizing a 60-day extension to the authorized
timeline for negotiation of the purchase and development agreements for New Hope
Quebec Addition, the filing of the final plat and coordinating the extension to the August
14 Council meeting: Approved, see attached Council request.
2. June 19 Parks & Rec/Community Development bus tour - On June 19 city staff hosted a bus
tour for the City Council, CAC, Planning Commission, school district and local officials to visit
recent development/redevelopment projects and city parks. (TI1e bus tour booklet is enclosed for
commissioners not attending the bus tour.)
3. June 26 Council Meeting - At the June 26 Council meeting, the Council discussed the following
planning/development/housing items:
fil PC06-04, Request for final plat approval for 4301 Quebec Avenue: Approved, see attached
Council request.
o PC06-06, Request for final plat approval for property to be known as New Hope Quebec
Addition, 7500, 7516, and 7528 42nd Avenue: Approved, see attached Council request.
e Resolution approving application to Minnesota Department of Transportation safe routes
to school grant program: Approved, see attached Council request.
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o Project #795, Resolution approving application to Metropolitan Council's Livable
Communities Demonstration Account Development grant program for funds to assist
with the redevelopment of the Bass Lake Road Apartments site: Approved, see attached
Council request.
o PC06-09, Request for a variance to the previously approved 16-foot rear yard setback
requirement to allow construction of a single family home 12.3 feet from the rear property
line, and a 4.1 foot front yard variance to accommodate the open, covered porch, 8401 27th
Place North: Approved as recommended by the Planning Commission.
o Resolutions providing comments on amendments to the comprehensive plans for the
cities of CrystaL Plymouth, and Robbinsdale: Approved as recommended by the Planning
Commission. Resolutions and follow up letters to the respective cities are attached.
o Project #793, Preliminary review of development proposals for city-owned property south
of 52nd Avenue between Pennsylvania and Louisiana avenues: Due to the fact that only
hvo proposals had been received, the Council extended the deadline for submission to July
19.
e Discussion regarding Ambassador Good Samaritan Center's potential development plans:
Council directed staff to discuss tax consequences (possible PILOT), and requested planning
report and financial pro forma.
. Project #740, Resolution approving the authorizing signing of the purchase and
development agreement between Q Village, LLC and the EDA in and for the city of New
Hope: Approved, see attached EDA request.
4. Codes and Standards Committee - Met on June 9 to meeting to discuss the Sign Code as it
relates to business signage.
5. Design and Review Committee - The Design and Review Committee met in June with Holy
Trinity. The deadline for the August meeting is July 7. Staff will be conducting pre-application
meetings on June 30 and anticipates that one or two applications will be submitted:
1. Redevelopment of residential property at 7115 62nd Avenue, request for variance for
oversize garage.
6. Future Applications - Future potential applications or businesses/developers that staff is
currently working with, or has recently met with, include:
1. 36th and Hillsboro office expansion
2. Ambassador Nursing Home expansion
3. Medicine Lake Road and Hillsboro chiropractic clinic
4. 4415 Nevada Avenue subdivision
5. Twin City Hardware expansion, 5650 International Parkway
6. Crystal Free Church CUP amendment for minor expansion
7. St. Therese Nursing Home/duplex
8. Wumetka Center outlot improvements
9. New Hope Apartments improvements
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7. Bass Lake Road Apartments - On June 2, PariPassu informed city staff that it was withdrawing
its proposal for the project because it was too busy with other projects and were unable to
achieve the changes in its proforma to make the proposal financially feasible. On June 12, the
City Council authorized staff to contact Insignia Development, the second choice in the
developer selection process, to determine their interest in the redevelopment project. Staff met
with representatives from Insignia in late June and they indicated they are interested in the
opportunity.
8. City-Owned Property Near Railroad - A developers' roundtable was conducted in May
regarding the potential development of this site and approximately 10 development teams
attended the meeting. Two proposals were submitted to the city on June 16. Staff updated the
Council on June 26, and the Council extended the proposal deadline to July 19. Letters were
mailed to developers on the original mailing list to inform them of the extension, and to date one
additional developer indicated interest. A community open house will be conducted on August
9 for interested residents to view the proposals.
9. Robbinsdale Comprehensive Plan Amendment - Enclosed is information from the city of
Robbinsdale regarding a comprehensive plan amendment to re-guide 0.51 acres of land from
low density to high density residential at the southeast comer of 42nd and Regent avenues. The
amendment is merely a housekeeping item as no new housing units would be created.
10. Project Bulletin - Enclosed is a project bulletin regarding the potential development of the
vacant property located near 52nd and Pennsylvania avenues.
11. Miscellaneous Articles - Enclosed is the May issue of Zoning Practice and an article on the 60-
day rule from the May issue of Minnesota Cities.
12. Thank You Note - from Aaron Crohn attached.
12. Minutes - The June Planning Commission minutes are included for your review prior to the
Planning Commission meeting. Please remember that all approved Council minutes are on the
city's web site.
13. If you have any questions on any of these items, please feel free to contact city staff.
Attachments: 5551 Louisiana Avenue 60-day extension
PariPassu Development withdrawal
New Hope Quebec Addition final plat extension
4301 Quebec A venue final plat
Nevl Hope Quebec Addition final plat
MN Department of Transportation safe routes to school grant application
Met Council Livable Communities grant application
Adjacent cities comp plan amendments support letters
City-owned property near 52nd/Pennsylvania/Louisiana avenues
Ambassador Good Samaritan Center
Purchase and development agreement for 42nd/Quebec avenues
Project Bulletin
Zoning Practice
Thank you note
6/6/06 Planning Commission Minutes
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