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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 1 r .1 R t7 -n -Nlk �- ! : - - -%Ik F7 F 310 - ? - rpd ®R Irv, mmftw .41A, 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_ "hese carts _t t -e ...:,.t .east _. 4 cf t -e Vert` Nest -. , an.. --e the SOUthwe=_t _.'4, Sect 5 _ " _.. _ -• - -- • _camsrir _'_9 ver.... 3arge Z_ Nest =c_pal Mer_dian, -en.-ieFin County, :11:1n2sJ1:a, J_esC:w ed as meg_....-nq ac the . zrz- vest Jt -5• =-"cK - -- aiLZ^_CN; t' - _ ^er - - :R�iC:7 --.A .S :ST e.^_Ce ncr,! --" -•� - .e extensi•cn .._ _ _e esu _:nq ^_ ,a• _ _ist..._ce 9.37 'eet t., --e scut : __ne of ..,,c ?, Flock -- - _ "�_-' a _ :e-^_ce •Nes: a;org _: a scut_. - _ saia Lac 3 an,; __s excens_c,_ _ =_st.___.._ Cf :_�.•.�.� _=er, ::e_^_Ce SCUZ at a right 3-•--$' -_ t'e _iy: _ -'-lay -_nc- zf __-..__l .-Ca`: ..: i:er �_ -2_^.C= =aszar_-! =- _ :-erly --g: "'z:l---_= - -c =_`_e •Nest =_-e _ yTz C:r �.;:_ _--`- s�-- - - --- ---- --- - =a_. Nest :.n= _ =- --2 - - _ 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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N rLr wx dtl., +.ar•w ae.. tl.<.+ I... +.rw.na .+..I +•tlprx w a13.y v:� ...Ia .w,m,.v���,..r....ae.xrl..,. ap+n...�rp+r+w..mr •. M e..ar A". kanrn SOI 2 nr n 1 rf=evp Ir^ AEl !'1 L`T'lu^rA�1.1 E"� +K t+l/A-:•.-"�iw� � " A It BLOCK. r• � � I y`•,,,,"-+�+.{'r------ �;�; rf 1 tl� ;{ o�� E3 Ln - 'pew READ Rawl 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. 2 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 3 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 4 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 5 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 6 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, 7 Planning Commission Meeting June 2, 2020 Jessi Weber, Community Development Administrative Specialist Planning Commission Meeting June 2, 2020