070720 PC PacketPLANNING COMMISSION MEETING
City Hall, 4401 Xylon Avenue North
Tuesday, July 7, 2020
7:00 p.m.
City Hall will be open to the public for this meeting; however due to the current COVID-19
pandemic, the city will be making the meeting available via Webex. The public may participate in
this meeting by phone by calling 415-655-0001 and entering meeting/access code 133 157 7190
followed by the # sign. When prompted for a password, simply press #. Anyone wishing to speak
at Open Forum is encouraged to call 763-531-5110 in advance for instructions.
1. CALL TO ORDER
2. ROLL CALL
3. NEW BUSINESS
3.1 Revisit Vice Chair and Third Officer positions
4. PUBLIC HEARING
4.1 PC 20-07, Rezoning of scattered site housing property to allow for construction of
new single-family home, 4215 Louisiana Avenue North, New Hope Economic
Development Authority, petitioner
4.2 PC 20-08, Conditional Use Permit (CUP) to locate a church within the multi -tenant
building located at 9220 Bass Lake Road, Calvary Chapel, petitioner
5. COMMITTEE REPORTS
5.1 Design and Review Committee - next meeting scheduled for Thursday,
July 16, 2020, at 7:30 am
5.2 Codes and Standards Committee - next meeting
6. CONSENT BUSINESS
7. OLD BUSINESS
7.1 Approve June 2, 2020, Planning Commission minutes
8. ANNOUNCEMENTS
9. ADJOURNMENT
Petitioner must be in attendance at the meeting
PLANNING CASE REPORT
City of New Hope
Meeting Date: July 7, 2020
Report Date: July 2, 2020
Planning Case: 20-07
Petitioner: City of New Hope
Address: 4215 Louisiana Avenue North
Project Name: 4215 Louisiana Avenue North rezoning
Project Description: Rezoning of scattered site housing property to allow for construction of new single-
family home
Planning Request: Rezone property from CB, Community Business, to R-1, Single-family Residential
I. Type of Planning Request
1. Rezoning
II. Zoning Code References
Section: 4-32 Administration — Amendments
III. Property Specifications
Zoning: CB, Community Business
Location: 4215 Louisiana Avenue North
Adjacent Land Uses: North: R-1, Single-family Residential (New Hope)
West: CB, Community Business (New Hope)
South: CB, Community Business (New Hope)
East: Single-family residential (Crystal)
Site Area: 0.24 acres
Planning District: Planning District 11. The subject site is located in a primarily commercial
district; however, it borders Planning District 10, which is primarily a
residential district. The 2040 Comprehensive Plan states that the city should
"provide a variety of housing types, styles and choices to meet the needs of
New Hope's changing demographics," which the rezoning can help
accomplish.
IV. Background
The city of New Hope Economic Development Authority (EDA) purchased the vacant and distressed
property at 4215 Louisiana Avenue North in February of 2020. The building was constructed in 1961 as a
Planning Case Report 20-07 Page 1 7/2/20
single-family home and was later converted into office space. It is zoned CB, Community Business, which
currently prevents it from being used for residential purposes. The EDA directed staff to demolish the
existing structure in order to facilitate redevelopment of the property as a single-family home. In order to
allow for the construction of a single-family home, the parcel must be rezoned to a residential district. The
subject property abuts single-family homes and zoning districts to the north and east. It abuts commercial
zoned properties to the south and west. City staff is requesting that the property be rezoned from CB,
Community Business, to R-1, Single-family Residential in order to allow for the construction of a new
single-family home.
V. Zoning Analysis
A. Plaza Description
1. Comprehensive Plan
The city's Proposed Land Use Map that was published in the 2040 Comprehensive Plan
recommends that this parcel be rezoned to low density residential. The rezoning conforms
with this recommendation. The plan also states that the city should "provide a variety of
housing types, styles and choices to meet the needs of New Hope's changing
demographics." Rezoning of the property to single-family residential fits this goal.
2. Lot Size
The parcel is 10,640 square feet in area and 80 feet wide, meeting minimum lot size
requirements for the R-1, Single-family Residential district. It is the same size as the single-
family residential lot to the north.
3. Screening
In the case of a business or industrial use abutting a property zoned for residential use, that
business or industry is required to provide screening along the boundary of the residential
property. A fence or green belt planting strip may be utilized. Because the subject property
is currently zoned for commercial use, the neighboring commercial properties will not be
required to retroactively install screening. If the rezoning request is approved, the property
will be marketed to single-family homebuilders. A stipulation will be included in the
Request For Proposal (RFP) requiring the installation of a screening fence along the south
property line. The west property line is partially screened with existing vegetation;
however, the RFP will also require the installation of coniferous trees near the southwest
corner of the lot in order to better screen the building at 7140 42nd Avenue North.
4. Driveway & Curb Cut
A large paved area that was located on the south side of the lot has been removed. The
asphalt extended onto Cook Automotive's property, at 7100 42nd Avenue North. Hydroseed
has been installed and the area will be restored. The existing curb cut previously served
both properties. The RFP will require installation of a curb and curb cut that meets
requirements of the City Code. The location of the new curb cut will depend on the
configuration of the future home and driveway.
Planning Case Report 20-07 Page 2 7/2/20
single-family home and was later converted into office space. It is zoned CB, Community Business, which
currently prevents it from being used for residential purposes. The EDA directed staff to demolish the
existing structure in order to facilitate redevelopment of the property as a single-family home. In order to
allow for the construction of a single-family home, the parcel must be rezoned to a residential district. The
subject property abuts single-family homes and zoning districts to the north and east. It abuts commercial
zoned properties to the south and west. City staff is requesting that the property be rezoned from CB,
Community Business, to R-1, Single-family Residential in order to allow for the construction of a new
single-family home.
V. Zoning Analysis 1
A. Plan Description
1. Comprehensive Plan
The city's Proposed Land Use Map that was published in the 2040 Comprehensive Plan
recommends that this parcel be rezoned to low density residential. The rezoning conforms
with this recommendation. The plan also states that the city should "provide a variety of
housing types, styles and choices to meet the needs of New Hope's changing
demographics." Rezoning of the property to single-family residential fits this goal.
2. Lot Size
The parcel is 10,640 square feet in area and 80 feet wide, meeting minimum lot size
requirements for the R-1, Single-family Residential district. It is the same size as the single-
family residential lot to the north.
3. Screening
In the case of a business or industrial use abutting a property zoned for residential use, that
business or industry is required to provide screening along the boundary of the residential
property. A fence or green belt planting strip may be utilized. Because the subject property
is currently zoned for commercial use, the neighboring commercial properties will not be
required to retroactively install screening. If the rezoning request is approved, the property
will be marketed to single-family homebuilders. A stipulation will be included in the
Request For Proposal (RFP) requiring the installation of a screening fence along the south
property line. The west property line is partially screened with existing vegetation;
however, the RFP will also require the installation of coniferous trees near the southwest
corner of the lot in order to better screen the building at 7140 42nd Avenue North.
4. Driveway & Curb Cut
A large paved area that was located on the south side of the lot has been removed. The
asphalt extended onto Cook Automotive's property, at 7100 42nd Avenue North. Hydroseed
has been installed and the area will be restored. The existing curb cut previously served
both properties. The RPF will require installation of a curb and curb cut that meets
requirements of the City Code. The location of the new curb cut will depend on the
configuration of the future home and driveway.
Planning Case Report 20-07 Page 2 7/2/20
B. Zoning Code Criteria
I. Rezoning
Criteria for decision. The Planning Commission and City Council shall consider possible
effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the
following factors:
(1) The character of the area has changed to warrant consideration of an amendment.
Findings. The property borders single-family residential homes to the north and
west. Rezoning of the subject parcel would fit well with the surrounding area.
(2) Compatibility. The proposed use is compatible with adjacent present and future
anticipated land uses.
Findings. Rezoning of the property from commercial to residential fits with the goals
of the city's 2040 Comprehensive Plan. It is consistent with the city's Proposed Land
Use Map that was published in the 2040 Comprehensive Plan.
C. Design & Review Committee
The Design and Review Committee met on June 18, 2020, to review and discuss the application. The
committee was supportive of the rezoning request.
D. Approval
1. Type of Approval
i. Rezoning — quasi-judicial
2. Timeline
i. Date Application Received: June 12, 2020
ii. End of 60 -Day Decision Period: August 11, 2020
iii. End of 120 -Day Decision Period: October 10, 2020
VI. Notification
A public hearing notice was distributed to property owners within 500 feet of the parcel by mail, a land
use petition sign was placed on the property, and a legal notice was published in the SunPost
newspaper and on the city's website. Staff did not receive any feedback on the request.
VII. Summary
The city of New Hope EDA purchased the vacant and distressed property at 4215 Louisiana Avenue
North in February of 2020. The EDA directed staff to demolish the existing structure in order to
facilitate redevelopment of the property as a single-family home. In order to allow for the construction
of a single-family home, the parcel must be rezoned to a residential district. City staff is requesting that
the property be rezoned from CB, Community Business, to R-1, Single-family Residential in order to
allow for the construction of a new single-family home.
Planning Case Report 20-07 Page 3 7/2/20
VIII. Recommendation
Staff recommends that the Planning Commission conduct a public hearing and approve a request to
rezone the property at 4215 Louisiana Avenue North from CB, Community Business, to R-1, Single-
family Residential.
Attachments
• Application with maps & photos (June 12, 2020)
• Northwest Associated Consultants memorandum from Alan Brixius (June 16, 2020)
Planning Case Report 20-07 Page 4 7/2/20
Case # 0-7
Planning Deadline 0 &2-
Receipt
f2
Receipt #
Received by
City of New Hope Community Development
4401 Xylon Ave N • New Hope MN 55428 • Phone: 763-531-5110 • Fax: 763-531-5136 • newhopemn.gov
Application to Planning Commission and City Council
Basic Fee Deposit Land Use Petition
Signs(s)
Name of Applicant: C -VN J �� ' Phone:
ApplicantAddress: '' ACJ � �,4 I,V) ���T � p� e a 8 tQ 55-4'L53
Street Location of Property: 2 LS L ov � s 1 avw, 'Ave I V PID: 1 k Z ,_ Z l_ Z 003 Lf
Legal Description of Property: a �6 t
OWNER OF RECORD: Name: C,621e�
Address: �L 1C3V1 _ �rJ . l� �l f� ss`445
Home Phone: -703-53)
6'10 Work Phone:
Applicant's nature of Legal or Equitable Interest: 0�2 KRZ-
Fax:
Type of Request: (pertaining to what section of City Code) Z,00r 4011
ret;Anv► iaL
Please outline Description of Request: (use additional pages if necessary)
Why Should Request be Granted:
(Attach narrative to application form if necessary)
City of New Hope Community Development
4401 Xylon Ave N • New Hope MN 55428 • Phone: 763-531-5110 • Fax: 763-531-5136 • newhopemn.gov
Application to Planning Commission and City Council
Applicant acknowledges that before this request can be considered and/or approved, all fees, including the basic zoning fee
and any zoning deposits (as outlined in the attached application materials) must be paid to the city. There are three city
consultants — legal, planning, and engineering - that generate additional expenses. Expenses incurred that exceed the
amount of the zoning deposit will be billed and are the responsibility of the applicant.
The city hereby notifies the applicant that state law requires that the development review be completed within 60 days
from the city's acceptance of this application. If the development review cannot be completed within 60 days, regardless
of the reason, the city shall extend the review completion deadline an additional 60 days as also permitted by state law.
Development review shall be completed within 120 days unless additional review extensions are approved by the
applicant in writing. The Community Development Department will notify you of all meetings.
Signed:
'.. i
Fee Owner (print or type name)
Applicant Other than Owner (print or type)
Evidence of Ownership Submitted:
Certified Lot Survey:
Legal Description Adequate:
Legal Ad Required:
Date of Design & Review Meeting:
FOR CITY USE ONLY
Yes No Required
Yes No Required
Yes No Required
Yes No Required
Date of Planning Commission Meeting: Approved:
By Planning Commission on: Approved:
By City Council on:
Subject to the following
Denied:
Denied:
el__�� City of New Hope, Minnesota
4215 Louisiana Avenue North Rezoning Request
Date: June 12, 2020
From: City of New Hope Community Development Department
Subject: Request to rezone property at 4215 Louisiana Avenue North from CB,
Community Business, to R-1, Single-family Residential
Overview: The city of New Hope Economic Development Authority (EDA) purchased
the vacant and distressed property at 4215 Louisiana Avenue North in February of
2020. The building was constructed in 1961 as a single-family home and was later
converted into office space. It is zoned CB, Community Business, which currently
prevents it from being used for residential purposes. The EDA directed staff to
demolish the existing structure in order to facilitate redevelopment of the property as
a single-family home. In order to allow for the construction of a single-family home, the
parcel must be rezoned to a residential district.
The subject property abuts single-family homes and zoning districts to the north and
east. It abuts commercial zoned properties to the south and west. The parcel of land to
the northwest is occupied by four apartment buildings with 12 units per building.
There is greenspace and a parking lot between the subject property and the apartment
buildings. The subject parcel is 0.24 acres in size, equivalent to the size of the single-
family lot to the north. The size of the parcel limits possible commercial uses and the
availability of parking for such uses.
Staff is requesting that the subject property be rezoned to R-1, Single-family
Residential. The purpose of the district is to provide for low density single-family
detached residential dwelling units and directly related, accessory and complementary
uses. This aligns with how the parcel was first classified when the existing structure
was constructed as a single-family home. The parcel is 10,640 square feet in area and
80 feet wide, meeting minimum lot size requirements for the district. The city's 2040
Comprehensive Plan that was approved by Metropolitan Council in 2020 designates
future use of the parcel as single-family residential.
Attachments
• Maps
• Photos
4215 Louisiana Avenue North
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NORTHWEST ASSOCIATED +CONSULTANTSO INC.
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
PLANNING REPORT
TO: Jeff Sargent
FROM: Ryan Grittman / Alan Brixius
DATE: June 16, 2020
RE: City of New Hope — 4215 Louisiana Avenue North -
Rezoning
FILE NO: 131.01 — 20.03
BACKGROUND
The City of New Hope Economic Development Authority has submitted an application for
the rezoning of property located at 4215 Louisiana Avenue North. The proposed plan is
to rezone a 0.24 -acre parcel from CB Community Business to R-1 Single -Family
Residential.
The property was recently listed for sale by the owner. The City saw an opportunity for
rezoning and redevelopment of this site. The City acquired the property in March of 2020
with the intent to rezone the property; demolish the existing building; and construct a
single-family home on the property.
ANALYSIS
Comprehensive Plan. The subject site is located in Planning District 11. Planning
District 11 is primarily a commercial district. However, the site is on the border with
Planning District 10, which is a residential district.
The 2040 Comprehensive Plan Residential Goals states that the City should "provide a
variety of housing types, styles and choices to meet the needs of New Hope's changing
demographics." Rezoning the property to single-family residential fits this goal.
The 2040 Comprehensive Plan's Proposed Land Use Map has this parcel recommends
this area be rezoned to low density residential. The proposed application is consistent
with the Proposed Land Use Map.
Rezoning Criteria. The City's zoning ordinance has two criterial for considering a zoning
map amendment, they are as follows:
(1) The character of the area has changed to warrant consideration of an amendment.
Staff Comment. The character of the area to the north and west of the subject site is
single-family housing. The proposed rezoning of the subject parcel will fit with the
surrounding area.
(2) 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 city
comprehensive plan.
Staff Comment: As noted above, the rezoning of the property from commercial to
residential fits with the stated goals of the 2040 Comprehensive Plan.
Site History. The site was originally a single-family home when the area was platted in
the 1960s. The site was later rezoned to commercial and the home was converted into
office space. The City is now proposing to rezone the property back to its original
designation as a single-family lot. The project would include the tear down and rebuild of
the existing home on the property.
Existing Adjacent Uses. The subject site is adjacent to single-family homes to the north
and east, and commercial zoning to the south and west. The area to the northwest is a
multi -family site.
Lot Area and Width. The lot is 10,640 square feet in area and has a lot width of 80 feet.
If the property is rezoned to R-1, it will conform to the City's requirements for lot area and
width in the R-1 District.
Maximum Site Coverage / Parking. The site currently has a large paved area on the
south side of the property that extends into the property to the south. As part of this
project, this paved area should be removed, and any shared parking / off site parking
agreement should be voided.
Curb Cut Access. The site has an existing curb cut that extends into the property to the
south and serves both properties. As part of the project, the curb cut should be replaced
with a conforming curb cut for both properties.
Screening. The site is not screened from the commercial uses in the area. As part of
the project, staff recommends that a privacy fence be installed on the south and west
sides of the property. Alternatively, the site can be landscaped to screen from the
commercial areas in lieu of a privacy fence.
2
CONCLUSION
The rezoning of the site from commercial to residential fits with the City's comprehensive
plan for this site. Further, the small lot size limits the properties usability and visibility as
a commercial site. Staff supports an application for rezoning.
C. Jeff Alger
Jessi Weber
Brandon Bell
3
PLANNING CASE REPORT
City of New Hope
Meeting Date: July 7, 2020
Report Date: July 1, 2020
Planning Case: PC 20-08
Petitioner: Mike Fernandez — Calvary Chapel Twin Cities
Address: 9220 Bass Lake Road, Suite 100
Project Name: Calvary Chapel
Project Description: Calvary Chapel has applied for a conditional use permit to locate a church within the
multi -tenant building located at 9220 Bass Lake Road.
I. Type of Planning Request
A. Conditional Use Permit (CUP)
II. Zoning Code References
Section(s) 4-33 Administration — Conditional Use Permit (CUP)
4-10 (e) (1) — R -O, CUP — public, educational and religious buildings
III. Property Specifications
Zoning: R -O, Residential Office.
Location: 9220 Bass Lake Road, Suite 100.
Adjacent Land Uses: R-1 Single Family Residential to the north and east. I — Industrial to the south,
and Highway 169 to the west.
Site Area: 6.98 acres, or 303,991 square feet
Building Area: 80,000 square feet
Planning District: Planning District 1. The Comprehensive Plan supports the requested
conditional use within the district, and directs the city to thoughtfully plan
transitions between distinctly differing types of land uses in and orderly
fashion to minimize the potential negative impacts on adjoining
developments.
IV. Background
The applicant wishes to open a church in the multi -tenant building located at 9220 Bass Lake Road,
which is zoned R -O, Residential Office. Public, educational, and religious uses are allowed by
conditional use permit within the district. The church will operate within a small portion of the
Planning Case Report 20-08 Page 1 07/01/20
building by utilizing an existing 6,300 square -foot office space. The area that will be used as the
sanctuary is 3,300 square -feet.
V. Zoning Analysis
A. Plan Description
1. Parking
Religious buildings are required to have one parking stall per three seats in the main
assembly hall. The applicant ultimately wants to occupy a total of 6,300 square feet within
the commercial facility, with a total seating capacity of 471 set by West Metro Fire. The
required parking spaces for the maximum occupancy would be 157. However, the applicant
states that 140 to 150 chairs will be set assuming that the average attendance will nol exceed
more than 85 people. In all cases, parishioners will be seated on individual chairs. Based
upon this desired capacity and seating arrangement, the church would only require
approximately 29 off-street parking spaces. The site plan illustrates a total of 220 available
parking stalls for the entire building.
When calculating the parking demand for this proposal, it is important to consider the hours
of operation for other tenants that are located within the building and compare their
operations to those of the church. The proposed hours of operation and attendance for the
initial church uses are listed in the table below.
Use
Time
Occupancy
Sunday Service
10:00 a.m. —12:00 p.m.
60-80 persons
One weeknight a month, one
hour after normal business
Other Meetings
hours of other tenants
60-80 persons
Women's Bible Study
Twice a month, one hour
8-12 persons
after normal business hours
of other tenants
Men's Bible Study
Twice a month, one hour
6-12 persons
after normal business hours
of other tenants
Wednesday Bible Study
7:00 — 8:30 p.m. —
20-30 persons
To provide an understanding of potential overlap issues, the applicant has provided a
listing of current tenants. All building tenants, other than Valiant Church, operate during
the normal business hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. The Hope
Planning Case Report 20-08 Page 2 07/01/20
Clinic and Bass Lake Chiropractic are also open on Saturday mornings from 9:00 a.m. to
12:00 p.m. Valiant Church operations will overlap with those of Calvary Church, however
the available off-street parking supply is considered adequate for both operations to take
place at the same time.
2. Signage
A signage plan was not submitted with the application. Any new signage will require a
sign permit after staff review.
3. Building and Fire Code
As part of the conditional use permit application process, the applicant must demonstrate
that the church spaces to be occupied meet all applicable building and fire code
requirements. The applicant has submitted a fire prevention plan, and this plan is subject to
the review and approval of the Fire Marshal. A copy of the Fire Marshal's preliminary
assessment of the proposed use is attached to this report.
B. Zoning Code Criteria
1. Conditional Use Permit (CUP)
Criteria. The Planning Commission and City Council shall consider the possible adverse
effects of the proposed conditional use. In determining whether to approve or deny a
conditional use permit, the City Council and Planning 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.
(1) 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.
Findi n&s. The proposed use of the building is consistent with the intent of the
Comprehensive Plan, which calls for thoughtful land use transitions between distinctly
different land uses.
(2) Compatibility. The proposed use is compatible with adjacent present and future
anticipated land uses.
Findings. The proposed use of the building is consistent with allowable uses in the R -
O District. The addition of the proposed use to the multi -tenant building is compatible
with adjacent present and future anticipated land uses.
(3) Performance standards. The proposed use conforms to all applicable performance
standards outlined in the Zoning Code.
Finding. Staff concluded that the proposed use conforms to all applicable
performance standards outlined in the Zoning Code.
Planning Case Report 20-08 Page 3 07/01/20
(4) No depreciation in value. The proposed use will not tend to or actually depreciate the
area in which it is proposed.
Findings. The use of a portion of the building as a church will not depreciate the area's
value. The addition of a new church to the community should contribute to the
character of the neighborhood in a positive way.
(5) Zoning district criteria. In addition to the above general criteria, the proposed use meets
the criteria specified for the various zoning districts.
Per Code Section 4-10(e) (1), Public, educational and religious buildings are a
conditional use within the R -O Residential Office District with the following criteria:
Side yards shall be double that required for the district, but not greater than 30
feet.
Findings. This prescribed side yard setback standard is being met.
C. Design and Review Committee
The Design and Review Committee met on June 18, 2020, to consider the proposal. The
committee was in favor of the project.
D. Approval
1. Type of Approvals
2. Timeline
a. Conditional Use Permit — quasi judicial
a. Date Application Received: June 12, 2020
b. End of 60 -Day Decision Period: August 11, 2020
c. End of 120 -Day Decision Period: October 10, 2020
VI. Petitioner's Comments
Petitioner's comments are attached.
VII. Notification
Property owners within 500 feet of parcel were notified by mail, a land use petition sign was placed on
the property, and a legal notice was published in the SunPost newspaper. Staff did receive a couple of
inquiries regarding the screening of the property and the potential removal of shrubs or trees on the
north side of the property. Staff believes these inquiries are not directly related to the proposed CUP,
and are working with the property owner to ensure that any tree or shrub removal meet landscape
plans and designs standards.
VIII. Summary
Planning Case Report 20-08 Page 4 07/01/20
The proposed church operating within the multi -tenant building located at 9220 Bass Lake Road is
allowed by conditional use permit. Because the church will be placed in an existing building with other
tenants, the primary concern from a site planning perspective is available off-street parking. The
applicant has demonstrated that there is ample parking available to meet the needs of all building
users. If the church exceeds its present growth goals, the issue of available parking and hours of
operation may be addressed at a later date through the CUP amendment process.
IX. Recommendation
Based on review of the application, staff recommends approval of the requested conditional use permit
with the following conditions:
1. The CUP is approved based on the tenant occupancy and church hours of operation presented with
this application. If conditions change that create an increase in parking demand beyond current
capacity, the property owner will be required to construct additional parking or adjust building
operations to fit within the current parking available.
2. Approval of the CUP is contingent upon a complete review and approval of the building and fire
prevention plans by the Fire Marshal and Building Official.
Attachments:
• Application, addendum, narrative, and plans
■ Planning consultant memorandum (6/16/20)
• West Metro Fire memorandum (6/26/20)
• Fire protection plan
Planning Case Report 20-08 Page 5 07/01/20
PLANNING
eRa
APPLICATION TO PLANNING COMMISSION AND CITY COUNCIL
City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428
Basic Fee Deposit Land Use Petition
Case # 2l� Signs(s)
Planning Deadline `I Z i I wT � `L' "�� I r C*N) L<u 1�]
Receipt # QI A X21
Received by )
t
Name of Applicant: Calvary Chapel Twin Cities P i IGe._ F-CrrV"c--Q 7hone: (612) 900-4142
Applicant Address: 8731 Bass Lake Rd. New Hope, MN. 55428
Street Location of Property: 9220 Bass Lake Rd. New Hope, MN. PID:
Legal Description of Property: See. (4iT►9 Cke-k
OWNER OF RECORD: NameF�V o --�► hr
Address -.-132-2-C) -Bass L,1C a. 30D McV3 MIJ
sst
Home Phone: Work Phone:70-94 3-9S-0ZFax:'i '74P3-6 GO $
Applicant's nature of Legal or Equitable Interest: TeN ArIT
Type of Request: (pertaining to what section of City Code) Conditional use permit
Please outline Description of Request: (use additional pages if necessary)
Utilize the location for church offices, ministry and worship services.
Why Should Request be Granted: We have been church ministry in the city of New Hope for
10 years just 2 blocks away, we are in need of a little larger meeting space and this location is
the only one available that meets the city's zoning requirements and has the enough space available.
(attach narrative to application form if necessary)
G:1CommDev1P1anning%P1anning application.doc
Applicant acknowledges that before this request can be considered and/or approved, all fees, including the
basic zoning fee and any zoning deposits (as outlined in the attached application materials) must be paid to
the city. There are three city consultants — legal, planning, and engineering - that generate additional
expenses. Expenses incurred that exceed the amount of the zoning deposit will be billed and are the
responsibility of the applicant.
The city hereby notifies the applicant that state law requires that the development review be completed
within 60 days from the city's acceptance of this application. If the development review cannot be
completed within 60 days, regardless of the reason, the city shall extend the review completion deadline
an additional 60 days as also permitted by state law. Development review shall be completed within 120
days unless additional review extensions are approved by the applicant in writing. The Community
Development Department will notify you of all meetings.
Signed:
Yy\
Fee Owner (print or type name)
I L VI
Other fhan Owner (print or type)
Evidence of Ownership Submitted:
Certified Lot Survey:
Legal Description Adequate:
Legal Ad Required:
Date of Design & Review Meeting:
Date of Planning Commission Meeting:
By Planning Commission on:
By City Council on:
Subject to the following
FOR CITY USE ONLY
Yes
Yes
Yes
Yes
6---Z--�,
No Required
No Required
No Required
No Required
Approved: Denied:
Approved: Denied:
File No.
The land referred to is situated in the State of M4rr. cnra County
of M iz , and is described as follows:
PARCEL 1:
Lots 1 and 2, Block ';
outlot B;
Outlot A, except that part thereof which lies Southwesterly of a line drawn,
parallel with and distant 50.0 feet Northeasterly of the following described
line:
Beginning at a point on the West line of Section 6-, Township 118, Range
21 distant 893.90 feet North of the Southwest corner of the Northwest Quarter
thereof; thence run Southeasterly at an angle of 6 degrees 56 minutes 33
seconds for a distance of 65.44 feet; thence deflect left along a tangential
curve having a radios of 954.93 feet (delta angle 37 degrees 05 minutes 26
seconds) for a distance of 6!8.18 feet; thence tangent to said curve for a
distance of 600 feet and there terninating.
all in Sharon's Addit'_cn, according to the plat thereof on file or of record in
the office of the Registrar of Titles is and far Hennepin County, mi.nnesota.
Torrens Property.
PARCEL 2:
lot 1, Block Sharcn,s Addit_cn, acc.,rdir.g __^t':e _eccrded -!at ^erecf an
infile and of record _tfe office of t::e County Recorder, Hen epi a ,.cuncy,
Mir_ escta.
Abstract Prcperty.
=ARCEL 3_
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the SOUthwe=_t _.'4, Sect 5 _ " _.. _ -• -
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FirstAmerican Title Insurance Cvmpain
File No.
which lie westerly of a line parallel with and 30.00 feet westerly f_om the
following described line: Beginning at a point on the westerly extension of
the south line of Lot 8, Block 2, SHARON'S ADDITION, distant 35.36 feet west
from the southwesterly corner of said Lot 8; thence southeasterly a distance
of 98.44 feet along a non-tangential curve concave to the southwest having a
radius of 317.13 feet, a central angle of 17 degrees 47 minutes 03 seconds and
a chord bearing South 24 degrees 48 minutes 32 seconds East (assuming the
south line of said Lot 8 as bearing South 89 degrees 55 minutes 33 seconds
West); thence southeasterly, tangent to the above described curve, to the
northerly right-of-way line of County Road Number 10, and there terminating,
Abstract Property. a
First American Title Insurance Company
Date: June 12, 2020
To: City of New Hope
From: Calvary Chapel Twin CitieslMMe Fernandez
Subject: Extended Narrative of Church Activities (Description of Request)
1. Every Sunday weather permitting (Minnesota winters) from 10:00 a.m. to 12:00 p.m.,
we will hold a worship/church service with an expected attendance of 60 to 80 people. Our
current location is at 8731 Bass Lake Rd. and we are seeking a Conditional Use Permit for a
move to 9220 Bass Lake Rd. Suite 100, which has a total of 6,300 square feet. The area that
will be used as the sanctuary is 3300 square feet. In addition, four office spaces will be used
for children's ministries/Sunday school or as offices. Suite 100 currently has a commercial
kitchen, that was previously approved by the city. Suite 100 is spacious and will accommodate
our current needs as well as future growth, should that occur: If it becomes necessary, an
addition worship service would be added on Saturday night or on Sunday morning. We have
been a church group for over 30 years with a very consistent number of people (between 60 to
80) attending and don't expect to become a "mega church" anytime soon.
2. Cun ent weekly scheduled activities are as follows:
A. Wednesday night Bible Study, 7:00 to 8:30 pm, 20 to 30 people.
B. Sunday morning worship/church service, 10:00 am to 12 pm, 60 to 80 people.
3. Two Saturdays of each month (2nd and 4th) we have a Men's Bible Study with a time
of prayer. We start at 8:30 am and usually finish by 10:15 am with 6 to 12 men that attend.
4. Women's Bible Study meets on two Tuesday evenings of each month from 7:00 pm to
8:30 pm with 8 to 12 women that attend. This event at times meets in a home and not the
church, and usually takes a break during the summer months and winter holidays.
5. Occasionally we will host a guest speaker or conference. We invite some of our sister
churches to attend on a Friday evening or Saturday morning. This event occurs once a year,
but does not take place every year. When the conference or speaking events have occurred in
the past, we have had 60 to 80 people attend.
6. Christmas and Easter. We do not have a Christmas Day service but a Christmas Eve
service that occurs at 7:00 pm and is "lightly' attended with 50 to 60 people. On Easter
morning we may have a slight increase in attendance, 10 to 12 more people than an average:
Sunday moming.
7. Counseling. Occasionally as a pastor I will meet with couples for pre -marital
counseling or with other individuals in need of advice. These counseling times revolve around
the needs of the person, which typically takes place in the evening hours or on the weekends.
Sometimes this takes place at the church and other times elsewhere. There are usually two to
four people when this happens.
8. A drop-off parking lane is clearly marked at the Main Entrance to the building which
includes a marked side entrance with handicapped accessibility. There are handicapped
parking spaces available near the drop-off and the main entrance.
9. There will be no street parking as it is not allowed by the landlord. All parking will be
in the designated parking lot which has 220 parking stalls (9220 Bass Lake Road).
10. An exterior building sign is permitted by the landlord on the southwest or west side of
the building. The sign allowed may be up to four feet wide, by twenty-five feet long, and must
not be lit.
11. A listing of the current building tenants is attached. All of the tenants' normal business
hours with the exception of Valiant Church, are from 7:00 am. to 6:00 p.m., Monday -Friday.
Any activities/events that Calvary Chapel Twin Cities may have will not be held during the
other tenants' normal business hours.
12. A floor plan is attached which illustrates the location in the building which Calvary
Chapel Twin Cities will occupy. All exits are marked on the floor plan and a fire exit map is
posted inside the door of Suite 100. All fire exits in the building are clearly marked with panic
hardware.
13. The building is currently in compliance with fire codes.
14. Other activities, under the administration of Calvary Chapel Twin Cities not noted here,
will take place at different locations (not on the property of 9220 Bass Lake Road).
List of tenants for 9220 Bass Lake Rd.
The AgapEkind Media Ministry
Suite 250
American Family Insurance
Suite 395
American National Insurance Co.
Suite 340
Attomeys Title Guaranty Fund
Suite 238
Cady BBuildingMaintenance, Inc.
Suite 360
Community Mediation Services, Inc.
Suite 270
Crosstown Insurance
Suite 225
Delight Transportation, LLC
Suite 345
EDGE Home Finance Corporation
Suite 380
Elisabeth Gliddon, MA, LMFT
Suite 301
Fairview Pediatric Therapy
Suite 260
Hiossen, Inc
Suite E5 & E6
Landahl Insurance Agency
Suite El
Living Life Home Care
Suite 215
MacMillan & Athanases, PPLC
Suite 200
Midwest CAM Solutions
Suite 380
PCCS / APC MGE / Russelectric
Suite 310
Primerica. Financial Services
Suite 295
Prudential - Creative Services
LL50
Square D/Schneider Electric
Suite 230
Superior Performance Center
Suite 350
Tharp Family Partnership
Suite 300
Thrivent Financial
Suite 385
Valiant Church
Suite 320
VOA Community Family Supports
Suite 305
Vona Center for Mental Health
Suite 255
Wright Tax Pro's
Suite 235
Date: June 26, 2020
To: City of New Hope
From: Calvary Chapel Twin Cities/Mike Fernandez
Subject: Addendum to the Extended Narrative of Church Activities
(Description of Request)
Some additional information was requested at the Design and Review committee
meeting dated June 18, 2020.
1. Fire protection plan. Included is a memo from Deputy Fire Marshal Shelby
Wolf regarding the fire protection of the building and suite. The building is
currently compliant with the city's fire codes, which includes properly marked
exits, strobe lighting, fire extinguishers and sprinklers. The owner has confirmed
that the doors that are a part of the required exits do swing out, or will be made to
do so by the time that the church begins to occupy suite #100. The owner has also
been made aware of the need for panic hardware on the required exits and agrees to
have the hardware installed.
2. Occupancy estimates based on the square footage of the assembly area of the
suite according to the chart supplied to me by Deputy Fire Marshal Shelby Wolf.
Areas without fixed seating
Here are the common occupant load factors used in assembly settings (such
as restaurants, bars, places of worship, libraries, museums, etc.) that do not
have fixed seating. These values come from Table 1004.5 of the 2020
Minnesota State Fire Code (MSFC):
• Table and chair seating: 15 sq. ft. per person (net area).
• Chair seating (no tables): 7 sq. ft. per person (net area).
The total square footage of the assembly area is 3304 square feet. The stage
area will be 20 feet by 10 feet for a total of 200 square feet. We will have a sound
booth that will use 14 feet by 6 feet for a total of 84 square feet. For the purpose of
calculating occupancy, the total is 3020 square feet.
The usual use without tables using the chart, the total seating with just chairs
is 431. We have no intention of ever putting more than 200 chairs in the assembly
area. In fact we plan to use approximately 140 to 150 chairs, which is more than
the 80 to 85 people that currently attend the church service on a Sunday morning.
In our assembly area there are no plans to have any table seating, with the
exception of having a potluck or banquet. Using the chart, the total seating with
tables is 201 persons.
Attached as a pdf file is a floor plan with the layout for use of assembly. We
plan to use padded chairs that are either 18 or 21 inches wide.
Attached is another pdf file with the dimensions of the children's
classrooms. We usually have 4 to 8 children in the classrooms, seated at a
table. For the smallest classroom which is 10'6" by 10'6", using the chart, the
total seating with tables is 7 people. For the two medium classrooms which is
12'6" by 12', using the chart, the total seating with tables is 10 people per room.
For the largest classroom which is 11'6" by 18'6" using the chart, the total seating
with tables is 14 people.
3. Parking. At the Design and Review meeting, a request was made for a list of
the tenants and the amount of square footage they occupy in the building, to ensure
adequate parking. Included as a pdf attachment from the owner Shawn Tharp, is
the list. The owner also informed me that in 2001 when he made an application for
conditional use with the city, that he agreed to add parking spaces to the property if
the city ever deemed it necessary. If either Calvary Chapel or Valiant Church, or
both, grow dramatically and if necessary, he agrees to add more parking to the
property.
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NORTHWEST ASSOCIATED CONSULTANTS` INC.
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
MEMORANDUM
TO: Jeff Sargent
FROM: Ryan Grittman / Alan Brixius
DATE: June16, 2020
RE: New Hope - Calvary Church CUP
FILE NO: 131.01 — 20.04
At your request, we have prepared a summary of issues associated with the Calvary
Church conditional use permit application.
The applicants wish to occupy a portion of an approximate 80,000 square foot, multi -
tenant commercial center located north of Bass Lake Road and east of U.S. Highway 169
(9220 Bass Lake Road). The applicants wish to occupy approximately 6,300 square feet
of the building to conduct religious and ministry services.
The subject property is zoned R -O, Residential -Office. In such districts, religious uses
(churches, chapels, temples and synagogues) are allowed by conditional use permit.
Thus, approval of a conditional use permit (CUP) is necessary to accommodate the
proposed site activities.
In review of the submitted application materials, the following comments are offered:
Submission Requirements. To formally process the request, the following information
must be submitted:
1. The narrative shall include the following:
• Existing and proposed off-street shared parking agreements with other
building tenants, if applicable. The current parking supply was calculated
based on office uses. The new Assembly use must demonstrate that the
site has sufficient parking by total count or through shared parking with
events occurring at different times or dates.
2. A floor plan shall be submitted that shows the layout of each floor and the location
of each tenant. This is necessary to calculate a parking requirement for this site.
3. A fire protection plan which demonstrates compliance with fire codes (i.e. sprinkler
requirements, exit plan etc.) that reflects the change in building occupancy from
office to assembly use. The applicant has stated that the building meets fire code,
but City Staff will need to see a fire protection plan.
Off -Street Parking. In consideration of the proposed off-street parking supply, a
determination must be made that ample off-street parking can be provided upon the
subject site to, serve expectant demand.
Of particular issue is the handling of off-street parking during special church events which
may conflict with peak demand time of other building tenants (such as Saturday
weddings). Aerial photos of the site show approximately 205 off-street parking stalls. The
applicants have also stated that they will host bible studies and guest speaker events.
According to the Ordinance, church uses must provide at least one parking space for
each three seats based on the design capacity of the main assembly hall. Additional
facilities (uses) provided in conjunction the assembly activity is subject to additional
parking supply requirements of the Ordinance. The New Hope Zoning Code allows for
Joint Parking by CUP where the Church activities are scheduled at times that will not
conflict with the peak parking times of the other business uses in the building. Up to
80% of the required parking for the church may consist of joint parking.
According to the submitted narrative, the church plans to have up to 80 persons
attending services. In this regard, a minimum of 27 stalls are required, plus those
required for other simultaneous uses.
An assurance must also be made that adequate off-street parking will be provided for the
disabled. While it appears that 6 disabled parking stalls currently exist (Statute requires
7) it may be desirable to locate such stalls near the church entrance. The location of the
church entrance will be on the northeast corner of the property.
Future Growth and Special Events. The applicant's narrative describes Sunday Church
Service from 10:00 a.m. to 12:00 p.m. with expected attendance of 60 to 80 people. The
floor plan shows a 3,300 square foot assembly room but does not show a seating layout.
The applicant's floor plan shall be updated to show a seating layout that shows the
maximum number of seats that the assembly area can accommodate.
Building and Fire Code Requirements. As previously indicated, the applicants must
demonstrate that space to be occupied meets applicable Building and Fire Code
requirements for assembly occupancy.
Signage. The applicants have stated that a sign will be on either the southwest or west
side of the building. As part of the formal review, a sign plan will need to be submitted.
I%
CONCLUSION
The proposed Church is an allowed conditional use in the R -O zoning district. The
proposed use will be entering into a multiple occupancy building. The aforementioned
review items need to be addressed to ensure that the new use will compatibly operate
with the other businesses in the building. Additionally, the introduction of an assembly
use into this office building triggers building and fire code regulations that must be
adhered to allow the church. Staff would recommend the following be addressed for
formal review:
1. The applicant shall submit all existing and proposed off-street shared parking
agreements with other building tenants, if applicable. The current parking supply
was calculated based on office uses.
2. A floor plan shall be submitted that shows the layout of each floor and the location
of each tenant.
3. The applicant's floor plan shall be updated to show a seating layout that shows the
maximum number of seats that the assembly area can accommodate.
4. A fire protection plan which demonstrates compliance with fire codes (i.e. sprinkler
requirements, exit plan etc.) that reflects the change in building occupancy from
office to assembly use. The applicant has stated that the building meets fire code,
but City Staff will need to see a fire protection plan.
C. Jeff Alger
Jessi Weber
Brandon Bell
3
June 12, 2020
Calvary Chapel Twin Cities
8731 Bass Lake Road
New Hope, Minnesota 55428
Re: Conditional Use Permit Application review for 9220 Bass Lake Road, Suite #300
1i 1 :1
New Hope, MN.
I IK I -RI x L11
West Metro Fire -Rescue District (WMFRD) has reviewed the submittal for the
l
Conditional Use Permit Application for Calvary Chapel Twin Cities to be located at
the above mentioned address. The following items are either comments or
srr.-ing rbc• Cities o
requirements per West Metro Fire -Rescue District Policies, City Ordinances, the
•Crr%ral
2020 Minnesota Fire Code, and NFPA Standards:
1. Exiting will have to be reviewed to verify door swings. All doors that are a
part of a required exit shall swing out.
2. Additional illuminated exit signage/energy lights maybe required.
3. Occupant load signage will be required:
Table/chairs: 3300/15=220
Chairs only: 3300/7=471
Standing room only: 3300/5=660
This is with no stage indicated on the submitted plans. If there will be a
stage the occupant load numbers will have to be adjusted. This is also true
Neighbors if there are pews.
5 el -vin
Ncighbors 4. Due to the occupant load being over 100 people panic hardware will be
required on all exit doors.
5. Alterations to the walls may require adjustment of the sprinkler heads to
maintain coverage.
6. Additional horn/strobes for the fire alarm system may be required.
If you have any questions or concerns feel free to contact Shelby Wolf Deputy Fire
Marshal at (763) 230-7006.
Sincerely,
42 i I Xdon Ave N.
Nu%a ilope,.Ai\ ii428
Voice 703.? 30.7000
F,lx 703.230 -102() Shelby Wolf
Deputy Fire Marshal
%vNvN .aresnnetrofire.com
W EST
METRO
FIRE -RESCUE
LCIS I RI<..I
Sen wing the Cities oj'
•Crystal
-New Hope
,Veigbbors
Serz.1rng
Neigbbor s
4251 wlon Ave N.
_Nem Hope, AIN 5i428
Voice 763.230.7000
Fax 763.230.7029
June 26, 2020
Re:Conditional Use Application review from West Metro Fire -Rescue District
for 9220 Bass Lake Road, Suite #300 New Hope, MN.
At this time the fire protection in the building is adequate for the type of
occupancy and use. This building has a full fire sprinkler and fire alarm
system.
All other code issues will be addressed at the time of the building permit,
and/or inspections.
If you have any questions or concerns feel free to contact Shelby Wolf
Deputy Fire Marshal at (763) 230-7006.
Sincerely,
Shelby Wolf
Deputy Fire Marshal
www.westmetrofire.com
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
PLANNING COMMISSION MINUTES June 2, 2020
City Hall, 7:00 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to
due call and notice thereof; Chair Schmidt called the meeting to order at
7:00 p.m. Due to the COVID-19 pandemic, this meeting was conducted
virtually using the Webex video media platform.
ROLL CALL Present: Scott Clark, Jim Brinkman, Matt Mannix, Chris Hanson,
Tom Schmidt, Roger Landy, Bill Smith, Matt Korkowski,
Michael Redden
Absent: None
Also Present: Jeff Sargent, Director of Community Development; Jeff
Alger, Community Development Specialist; Brandon Bell,
Community Development Assistant; Stacy Woods,
Assistant City Attorney; Al Brixius, Planning Consultant;
Dan Boyum, City Engineer; Kathi Hemken, Mayor; Jessi
Weber, Recording Secretary
NEW BUSINESS Staff discussion pertaining to new chair appointments. The Planning
Commission elected the following: Commissioner Clark, Chair;
Commissioner Smith, Vice Chair; Commissioner Hanson, Third
Officer,
PUBLIC HEARING Chair Clark introduced Item 4.1, Planning Case 20-05, a 5 -foot rear yard
Planning Case 20-05 setback variance to accommodate the construction of the proposed
Item 4.1 garage, 782144th Avenue North, Seth Gagnon, petitioner.
Mr. Brandon Bell, Community Development Assistant, gave
background information on the case. The applicant is interested in
tearing down an existing two -car detached garage in order to
accommodate a new three -car detached garage. The applicant has
indicated that the current garage has structural issues and needs to be
replaced.
Bell then reviewed the zoning for the property. The existing garage has
a six-foot rear yard setback and is considered a legally non -conforming
structure. The proposed garage would require a 5 -foot variance for the
rear yard setback. The required rear yard setback in the R-1 District is
ten feet. The proposed new garage would have a setback of five feet from
the rear property line, requiring a five-foot rear yard setback variance.
Next, Bell reviewed the variance standards per New Hope City Code.
Staff has determined the request meets these standards, as the new
garage would be a reasonable use of the land.
Bell concluded that proper legal notice and mailing notice were given.
Staff did receive a letter in support of the garage variance from the
neighbor residing at 322 Winnetka Avenue North. This neighbor would
be the most affected by the garage variance. Staff recommended
approval of the case.
When Chair Clark questioned whether any of the Commissioners had
any questions for staff, Commissioner Brinkman asked what the garage
size is. Bell replied the current garage is a detached two -car garage and
the proposed garage is a detached three -car garage. Commissioner
Brinkman asked if there were garage doors for each stall. The applicant,
Seth Gagnon, replied there is a 10 -foot wide single garage door on the
south end. There will be an 18 -foot wide double garage door to the north
of the single garage door. Then a service door will be north of the double
garage door. Commissioner Brinkman asked what the height of garage
would be. Mr. Gagnon stated the current garage height is 14 feet, 11
inches in height. He did not have the proposed garage height, but it
would be slightly taller than the current garage.
Commissioner Redden asked for confirmation that the letter received
was in support of the garage variance. Commissioner Clark replied that
is was in support.
Commissioner Clark asked Mr. Gagnon if he was in agreement with all
the conditions that were given. Mr. Gagnon replied he did agree with
the conditions.
Motion by Commissioner Landy, seconded by Commissioner
Brinkman, to open the Public Hearing. All present voted in favor.
Motion carried.
No one from the audience wished to speak.
Motion by Commissioner Landy, seconded by Commissioner
Brinkman, to close the Public Hearing. All present voted in favor.
Motion carried.
Commissioner Smith asked what the concrete to green space ratio was
with the proposed garage. Mr. Gagnon replied the amount of concrete
added would only be 2-4 feet. There is already an existing concrete pad
next to the garage, so the proposed garage would not be adding much
more concrete to the property.
Chair Clark asked how much the nonconformity would be for the
proposed garage. Mr. Bell replied it would be 1 foot when compared to
the existing garage.
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Planning Commission Meeting June 2, 2020
Motion Motion by Commissioner Landy, seconded by Commissioner Schmidt,
Item 4.1 to approve Planning Case 20-05, a 5 -foot rear yard setback variance to
accommodate the construction of the proposed garage, 782144th Avenue
North, Seth Gagnon, petitioner, with the following conditions:
1. No business or home occupation shall be conducted in or
around the garage.
2. The garage shall not be used as a living quarters, either
temporary or permanent.
3. The area around the garage shall be seeded or sodded prior to
the issuing of a certificate of occupancy.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Korkowski, Redden
Voting against: None
Absent: None
Motion approved 9-0
Chair Clark stated the case will be brought to the June 22, 2020 City
Council meeting.
PUBLIC HEARING Chair Clark introduced Item 4.2, Planning Case 20-06, Conditional Use
Planning Case 20-06 Permit (CUP), site plan review, and two variances to allow for a 15,000
Item 4.2 square foot expansion of warehouse located at 3101 Louisiana Avenue
North, Furniture Industries, petitioner.
Mr. Jeff Alger, Community Development Specialist, gave background
information on the case. Furniture Industries submitted an application for
a 15,000 square foot expansion to their existing building to allow for
additional office and warehouse space. The business is growing and in
need of the additional space to continue operations in New Hope. The
CUP would allow for a placement of a loading bay fronting a public street.
The variances would allow for a reduction of the rear yard setback
requirement for the principal building and a reduction to the required
curb cut setback from the public street at the intersection of Louisiana and
31st avenues.
Next, Alger reviewed the zoning for the case. The existing building does
not meet the required front yard setback of 30 feet. This is an existing legal
non -conforming condition that would not be expanded upon as part of
the proposed project. The proposed expansion would enlarge the
building to the west, placing the footprint 10 feet from the rear yard
property line. City Code requires a 30 -foot rear yard setback, thus
necessitation of a variance. The property abuts a wetland on an industrial -
zoned property to the west. The wetland serves as a buffer between the
two properties.
The proposed expansion indicates 52 parking stalls, including two
disability stalls, which exceeds the minimum requirement of 47 parking
stalls. Landscaping is required at the perimeter to screen headlights. The
applicant is proposing to move and enlarge the existing curb cut along
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Planning Commission Meeting June 2, 2020
31st Avenue North to the west. The proposed curb cut is shown at a width
of 32 feet. The applicant is also proposing a new 24 -foot -wide curb cut for
the new parking area at the southwest corner of the parcel. A variance is
required to allow for a reduction to the required curb cut setback from the
public street intersection. The applicant is proposing a 25 -foot setback,
whereas a 40 -foot setback is required.
The industrial zoning district allows for a maximum of 80% impervious
surface coverage. The applicant's code review indicates the site will be at
78.5% impervious surface coverage after completion of the project. The
building expansion would involve the construction of two new loading
bays. This meets the city's requirements for number of loading bays;
however, a CUP is required to allow loading bays in a side yard abutting
a public street.
The plans indicate the property will be regraded and a paved access to the
existing overhead garage door on the north side will be installed. The
application has provided a letter from the property owner at 3109
Louisiana Avenue North granting permission to access the garage door
on a temporary basis from their property. The trash enclosure,
landscaping, snow storage, and lighting all meet city requirements. The
applicant must work with the city engineer for grading and drainage with
the abutting wetland and ensure storm water will not damage the
wetland.
Alger concluded that proper legal notice and mailing notice were given.
Staff did hear from one resident who expressed concern about the size
of the project and plans to speak at the public hearing. Staff
recommended that the Planning Commission conduct a public hearing
and approve a site plan review for the expansion of the building located
3101 Louisiana Avenue North. Staff also recommended approval of a
CUP allowing for the placement of a loading bay fronting a public street
and two variances allowing for the reduction of the rear yard setback
requirement for the principal building, and a reduction to the required
curb cut setback from the public street at the intersection of Louisiana
and 31st avenues.
When Chair Clark questioned whether any of the Commissioners had any
questions for staff, he first asked for clarification that there were two bay
areas and one overhead door. Mr. Alger replied there were two loading
pays and no overhead doors. The architect for the applicant, Jerry
Anderson, stated when the drive entrance was narrowed, it eliminated 3
parking stalls in order to open up turning lanes for semi -trucks. The third
loading bay was eliminated, but an overhead door remained. The door
will be used for the trash removal/pickups and for mail to be delivered.
Chair Clark thanked the applicant for working with city staff in making
adjustments on the plans. Chair Clark asked how things were progressing
with the Basset Creek Watershed District regarding their proposed plans.
Dan Boyum, city engineer, added that the impervious surface noted on
the proposed plans did not trigger an official watershed review. There is
no wetland buffer that is being required, but a wetland delineation is
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Planning Commission Meeting June 2, 2020
being addressed with the applicant and Stantec. Chair Clark then asked
for clarification on the percentage of impervious surface. Mr. Alger
clarified the percentage was at 78.5%.
Commissioner Landy asked if Dan Boyum was comfortable with the
direction the storm water plans were going. Mr. Boyum stated things
were moving the right direction with the plans. Commissioner Landy
asked the applicant if they were comfortable with the conditions listed.
Mr. Anderson stated they were comfortable with the conditions. They
noticed an additional condition was added to the list regarding the
maintenance of the storm water, and they were comfortable with that.
Stacy Woods, City Attorney, added that she would draft the storm water
maintenance agreement for all parties to sign.
Commissioner Schmidt asked if the email received was in support of the
variance request and if it could be read aloud for the record to be included
in the public hearing. Chair Clark read the email from Jeff Freeman for the
Planning Commission. Mr. Freeman expressed concern the building
expansion would result in an increase in truck traffic, noise, and the
removal of green space.
Motion by Commissioner Landy, seconded by Commissioner Mannix,
to open the Public Hearing. All present voted in favor. Motion carried.
Stan Matthews, 3016 Louisiana Ave N, Crystal, called in regarding his
concerns about the parking lot and removal of the green space
potentially leading to an increase in traffic noise. Mr. Matthews also had
concerns with the noise generated from equipment for snow removal,
as that often happens during the night. Mr. Matthews questioned how
the buffer will be created with such a small space between the building
and wetland, and asked for clarification on the location of the loading
docks. Mr. Alger responded the loading docks are on the south side
coming in off 31st Avenue North. The loading area will be located in the
existing parking lot and the proposed new parking lot will be for
passenger vehicles only.
Pat Bowman, 3032 Louisiana Avenue North, Crystal expressed her
opposition to the expansion of the parking lot. Her concern is an increase
in activity noise and the overall look will be less like a neighborhood.
Kathi Hemken, Mayor, asked the applicant if jobs would be created as a
result of the expansion. David Fystrom, architect, stated seven new
warehouse jobs will be created. With the current Covid-19 concerns,
staff is working from home and the company will likely continue to have
staff work remotely. He anticipates that not all the parking spaces will
be used.
Motion by Commissioner Landy, seconded by Commissioner Redden,
to close the Public Hearing. All present voted in favor. Motion carried.
Chair Clark asked the applicant about the functional need for parking
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Planning Commission Meeting June 2, 2020
vs. the zoning requirement for parking. Mr. Anderson stated that the 11
outside stalls facing Louisiana Avenue could be considered proof -of -
parking in that not all required parking stalls would actually be needed.
The boulevard could be kept intact in that area with no parking lot
lights. If those stalls were needed in the future, the stalls would be
available. Commissioner Clark agreed that the proof -of -parking idea
might act as a viable solution. Jeff Sargent, Community Development
Director, stated the proof -of -parking could preserve green space and
address some of the concerns from the neighbors. Al Brixius, City
Planner, contributed that adding the proof -of -parking as a condition of
approval would eliminate the need for an additional public hearing at a
later time. Ms. Woods agreed that adding the proof -of -parking and
storm water maintenance agreement as conditions of approval would
all be included with the current public hearing.
Mr. Anderson contributed that there are very few over the road semi -
trucks that enter the site. The bulk of the traffic on site will be step vans,
UPS vehicles, USPS vehicles.
Commissioner Brinkman thanked Mr. Anderson for clarifying that
semi -trucks are not entering the site.
Motion Motion by Commissioner Landy, seconded by Commissioner Brinkman,
Item 4.2 to approve Planning Case 20-06, Conditional Use Permit (CUP), site plan
review, and two variances to allow for a 15,000 square foot expansion of
warehouse located at 3101 Louisiana Avenue North, Furniture Industries,
petitioner, with the following conditions, plus the two additional
conditions, #7 and #8:
1. Any outdoor mechanical equipment shall be identified on
building plans and shall meet screening requirements specified
in Section 4-3(b)(5)c. of the City Code.
2. With the exception of trash pickup day, trash -handling
equipment shall be stored inside principal building.
3. Landscaping along south property line adjacent to parking lot
shall be spread out for entire length of parking lot.
4. Tree preservation plan shall be submitted in order to ensure five
trees on west side of the property will survive impact of
construction. Replacement plan shall be submitted if trees do
not survive.
5. Grading, drainage, storm water management, and wetland
delineation, protection, and restoration plans shall be subject
to review and final approval by the City Engineer and Storm
water Specialist.
6. Applicant shall provide record plans or as -built drawings to
the city following project completion.
7. Applicant shall enter into a storm water maintenance and
easement agreement with the City to be prepared by the city
attorney.
8. A restrictive covenant shall be recorded against the property
that mandates the construction of the proof of parking for 11
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Planning Commission Meeting June 2, 2020
COMMITTEE REPORTS
Design and Review
Con niittee
Item 5.1
Codes and Standards
Committee
Item 5.2
NEW BUSINESS
additional parking stalls facing Louisiana Avenue North if
the city finds that the demand for on-site parking exceeds the
available supply. This covenant will also preserve the proof
of parking areas from any other type of construction.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Korkowski, Redden
Voting against: None
Absent: None
Motion approved 9-0
Chair Schmidt stated the case will be brought to the June 22, 2020 City
Council meeting.
The next potential meeting is on June 18, 2020. There are two people
attending the pre -application meeting. Staff will be informed either way
if the meeting will happen or will be cancelled.
There currently is no meeting scheduled.
OLD BUSINESS Motion by Commissioner Landy, seconded by Commissioner Redden, to
Approval of Minutes approve the Planning Commission minutes of January 7, 2020. Motion
Item 7.1 carried.
ANNOUNCEMENTS Commissioner Landy thanked Commissioner Schmidt for leading the
Planning Commission over the last three years.
Chair Clark asked on the status of the distillery that came through the
Planning Commission in January. Mr. Sargent provided an update that
they are still moving forward as planned.
Commissioner Brinkman asked for the next meeting to have a map of the
subject property available during the presentation. Mr. Sargent replied
that would happen for future meetings.
Commissioner Landy stated he would attend the June 18th Design &
Review meeting if Commissioner Redden was unable to attend.
Commissioner Redden stated he was planning to attend the June 18th
meeting.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:18
p.m.
Respectfully submitted,
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Planning Commission Meeting June 2, 2020
Jessi Weber, Community Development
Administrative Specialist
Planning Commission Meeting June 2, 2020