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060722 PC Packetma 1. CALL TO ORDER 2. ROLL CALL PLANNING COMMISSION MEETING City Hall, 4401 Xylon Avenue North Tuesday, June 7, 2022 7:00 p.m. 3. NEW BUSINESS 3.1 Swear in new Planning Commission members, Ray Alkalai, Howard Kaplan, and Mike Terres 3.2 Elect chair, vice chair, and third officer positions 3.3 Assign members to Codes and Standards Committee and Design and Review Committee 4. PUBLIC HEARING 4.1 PC 22-01, Conditional Use Permit to allow for open outdoor storage, 9210 Science Center Drive; Pallet One MN, Inc., petitioner 4.2 PC 22-02, Conditional Use Permit to allow for a church within multi -tenant building, 9220 Bass Lake Road; The River of Covenant International Ministry, petitioner 5. COMMITTEE REPORTS 5.1 Design and Review Committee - next meeting scheduled for Thursday, June 16, 2022, at 7:30 a.m. 5.2 Codes and Standards Committee 6. CONSENT BUSINESS 7. OLD BUSINESS 7.1 Approve November 2, 2021, Planning Commission minutes 8. ANNOUNCEMENTS 9. ADJOURNMENT Petitioner must be in attendance at the meeting PLANNING CASE REPORT City of New Hope Meeting Date: June 7, 2022 Report Date: June 3, 2022 Planning Case: 22-01 Petitioner: Todd Ernst — Pallet One MN, Inc. Address: 9210 Science Center Drive Project Name: Pallet One MN, Inc. Project Description: Conditional use permit for temporary outdoor storage at 9210 Science Center Drive I. Type of Planning Request 1. Conditional Use Permit II. Zoning Code References Sections: III. Property Specifications Zoning: Location: Adjacent Land Uses Site Area: Planning District: IV. Background 4-33 Administration — Conditional Use Permit 4-3(e) I, Industrial District — Conditional uses, I I, Industrial 9210 Science Center Drive North: I, Industrial West: I, Industrial South: I, Industrial East: I, Industrial 9.49 acres Planning District 3. The Comprehensive Plan supports the requested conditional use within the district. Pallet One MN, Inc., located at 9210 Science Center Drive, submitted an application for a Conditional Use Permit (CUP) for open outdoor storage as a principal or accessory use in the industrial district. The applicant is proposing to utilize a portion of the site's current parking lot for the parking and storage of up to 45 semi -trailers. The proposed trailer storage area of 20,250 square feet would exceed 20 percent of the building's 55,000 square foot area, which would trigger the need for a Conditional Use Permit. Planning Case Report 22-01 Page 1 6/3/22 The site, which is zoned I, Industrial, is bordered on the north, south and west by industrial uses and on the east by the Soo Line railway. V. Zoning Analysis A. Plan Description 1. Screening and Landscaping Open outdoor storage areas are required to be screened and landscaped from adjacent public rights -of -way. The site plan calls for 18 Colorado Spruce trees, four to six feet in height, along the southern portion of the property to screen the proposed storage area from Science Center Drive. The trees are expected to grow eight inches annually and reach a height of 30 to 40 feet. The applicant will need to amend their plan and add three to four trees to the east side of the east parking lot entrance in order to properly screen from the right-of-way. 2. Fencing The City Code states that open outdoor storage used exclusively for semi -trailers is exempt from security fencing requirements, as long as the storage area is delineated and the individual trailers are locked. All trailers on the site must be secured and locked during non - business hours. 3. Surfacing City Code requires outdoor storage to be surfaced with concrete or bituminous material. The CUP approval requires that the outdoor storage area be paved and provided perimeter curbing. The proposed paving material must be reviewed by the City Engineer to confirm it is suitable to accommodate weight loads of semi -trailers. In order to accommodate the proposed semi -trailer storage, the applicant is proposing to expand the existing parking lot 50 feet to the north and 15 feet to the east. The stormwater and drainage impacts shall all be reviewed and approved by the City Engineer prior to any changes being made. The expanded parking lot area will reduce the amount of green space on the site, however the amount of impervious surface coverage is well within the maximum of 80 percent that is required in the industrial district. 4. Setbacks The City Code requires that outdoor storage areas maintain a five-foot setback from property lines. The site plan demonstrates compliance with this requirement. 5. Required Parking Outdoor storage areas are not allowed to occupy required off-street parking, loading areas or access drives. The applicant has indicated that 55,133 square foot building is comprised of 1,483 square feet of office space, 8,282 square feet of production space and 45,368 square feet of warehouse/storage area. The minimum requirement for the number of parking stalls on the Planning Case Report 22-01 Page 2 6/3/22 property is 52, and the site plan indicates there will be 53 on -site parking stalls. The applicant has indicated that they do not typically use more than 36 stalls. 6. Hazardous Materials Outdoor storage areas must not be used for storage of hazardous liquids, solids, gases or wastes. As a condition of approval, the outdoor storage will be exclusive to the storage of semi -trailers. Storage of other materials will be prohibited. 7. Semi -Trailer Maneuvering and Loading The site plan indicates ample space to accommodate truck maneuvering within the outdoor storage area. The outdoor storage activities will also not impact existing or newly proposed loading areas. 8. Lighting The applicant has indicated that no new lighting will be added to the site. If any new exterior freestanding lighting or wall mounted fixtures are proposed in the future, a photometric lighting plan shall be submitted which demonstrates compliance with the following city requirements: 1. Light fixtures shall be hooded with 90-degree cut off lighting. 2. The height of the light fixtures and poles shall not exceed 25 feet. 3. The source of the wall -mounted lights shall be hooded or controlled in some manner so as not to light adjacent properties. 4. Bare incandescent bulbs are not permitted in view of adjacent property or public right-of-way 5. Any light or combination of lights which is cast light on a public street shall not exceed one -foot candle as measured from the right-of-way light of said street. 9. Snow Storage The applicant has provided a snow storage plan that indicates snow will be moved and stored to the north and east sides of the proposed lot expansion. B. Zoning Code Criteria I. Conditional Use Permit (CUP) i. Criteria for decision. 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. Planning Case Report 22-01 Page 3 6/3/22 ii. 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. Findings. The proposal is consistent with the goals of the Comprehensive Plan, which supports in -place expansion and private reinvestment into industrial sites within the district. iii. Compatibility. The proposed use is compatible with adjacent present and future anticipated land uses. Findings. The proposed use of the building and site are consistent with allowable uses in the Industrial zoning district. The parcel abuts, industrial uses on all sides. iv. Performance standards. The proposed use conforms to all applicable performance standards outlined in the Zoning Code. Findings. A CUP is required for outdoor storage that exceeds 20 percent of the total building square footage. All open outdoor storage is required to be screened from the right-of-way. The applicant will screen the open outdoor storage with a row of Colorado Green Spruce trees. The trees will be four to six feet tall when planted and achieve a midlife height of 30 to 40 feet. The trees will grow approximately eight inches annually. v. No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Findings. The proposed expansion will not depreciate the area's value. The proposed expansion is unobtrusive to the area and fits well in the industrial setting. vi. Zoning district criteria. In addition to the above general criteria, the proposed use meets the criteria specified for the various zoning districts. Findings. The proposed use complies with all other zoning district criteria. vii. In industrial districts (BW, I): A. Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent areas. Findings. Staff concludes that the proposed use will not generate nuisance characteristics because of the low impact that the use will have on the surrounding area. B. Economic return. The use will provide an economic return to the community and be commensurate with other industrial uses for which the property could feasible be used. In considering the economic return to the community, the planning commission and city council may give weight to the sociological impact of a proposed use, both positive and negative. Findings. Staff anticipates a positive economic return to the community with the proposed use of the site and building. The applicant's proposal will allow Planning Case Report 22-01 Page 4 6/3/22 the city to retain an industrial business through in -place expansion and redevelopment. 1. Type of Approval i. Conditional Use Permit — quasi judicial 2. Timeline i. Date Application Received: May 13, 2022 ii. End of 60-Day Decision Period: July 12, 2022 iii. End of 120-Day Decision Period: September 10, 2022 VI. Notification Property owners within 500 feet of the parcel were notified by mail, land use petition signs were placed on the property, and a legal notice was published in the Sun Post newspaper and on the city's website. Staff received some questions from residents about the request. VII. Summary Pallet One MN, Inc. is requesting approval of a CUP for open outdoor storage of semi -trailers located at 9210 Science Center Drive. The applicant is proposing to store up to 45 semi -trailers on the site's east parking lot. The CUP would allow for the open outdoor storage of locked and secured semi -trailers in this area. VIII. Recommendation Staff recommends that the Planning Commission conduct a public hearing and approve a CUP allowing for open outdoor storage at 9210 Science Center Drive, subject to the following conditions of approval: 1. All outdoor storage areas be screened and landscaped from the adjacent right-of-way. 2. The applicant must add three to four Colorado Green Spruce trees to their plan and locate them on the east side of the east parking lot entrance, in line with those on the west side of said entrance. 3. Outdoor storage is exclusive to semi -trailers and the semi -trailers stored on the lot must be locked and secured. 4. The outdoor storage will be surfaced with concrete or bituminous material, a perimeter curbing provided in the areas directed by the City Engineer. 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 Stormwater Specialist. 6. Outdoor storage areas shall not occupy required off-street parking, loading areas or access drives. 7. If the applicant plans to add outdoor lighting they shall submit a photometric plan shall meet minimum lighting standards for buildings, parking lots, and pedestrian areas. 8. Applicant shall enter into storm water maintenance agreement with city (to be prepared by city attorney). Planning Case Report 22-01 Page 5 6/3/22 9. Property owners are required to address refuse and upkeep of properties used for outdoor storage activities. 10. Snow removed from the outdoor storage area will be stored at the east and north ends of the proposed lot expansion. 11. An as -built plan shall be provided to the city once the project is completed. Attachments 0 Application, letters, and plans (May 12, 2022) ■ Aerial map • Site plan • Northwest Associated Consultants memorandum from Alan Brixius (May 17, 2022) • Stantec Consulting Services letter from Dan Boyum (May 23, 2022) SEND PLANNING REPORT TO INDIVIDUALS WHO REQUESTED Planning Case Report 22-01 Page 6 6/3/22 Case # Planning Deadline 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) 500,00 /15,06.00 /S .00 Name of Applicant: _ 1Aa..LE r Ow9r MN =0' , - 70013 P-QNST Phone: 6 1 1-'7o 7-- 7 o Applicant Address: q.21 o Sc+EWCZ� CEWISIAL 17 5 Street Location of Property: R'X 10 5e-, MOM. cAbM It PID: -001 ST��I Legal Description of Property: L-O' ' c.+ *_ OWNER OF RECORD: Name; %j ss t LCi>RsE oa L.IMIran Ls sk rrY QoMeapjY Address. 1 qoo C-pari 6APIM I-4 1 U h-1zT 6%,*j* ftA�•�S 5�3 - o0 Home Phone: 612.- - 9509 Work Phone: & t Z-'703-7R3 Z Fax: /V/f Applicant's nature of Legal or Equitable Interest: W N e-a- Type of Request: (pertaining to what section of City Code) P • C.aNh j7-1 asq i44 u SE ASIeW s Y _ A ; I o Please outline Description of Request: (use additional pages if necessary) Qu'�'Ss ��. S� ✓� o. � �_ l 2i4-I LCYL rj /IIJ �i �I i2 Q� 21G � N G L.p �i F_`f pw'� :2..v �� D �- O u � $-v ► �-Ia � tnt G-S S Q v- � �,-o- Why Should Request be Granted: 5&M 9 'T/QR i L-E-Kz 5 0 s &0 L61- o U A DA l t- Y 4Tlasr.l n RU r" E5 (Attach narrative to application form if necessary) City of New Hope Community Development 4401 Xylon Ave N -New I lops MN 55423 • Phonc: 763-531-5110 -Fax: 763-531-5136 • rimhoNmn.gov VrRa Application to Planning Commission and City Council Applicant acknowledges that before this request can be consilered and/or approved, all fees, including the basic zoning fc . 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 ih,: amount of die zoning deposit will be billed and are the responsibi.iity of the applicant. The city hereby notifies the applicant that state law requires that the development review be completed within 60 dav:, from the city's acceptance of this application. if the development review cannotbe completed within 60 days, regaidler," of the reason, the city shall extend the review completion deadline an additional 60 days as also permitted by yteatet lw', . Development review shall be completed within 120 days finless additional review, extensions are approved by tth% applicant " riting, a Community Development Department will notif}, you of all meetings. Fee Ovine; Sig, ed N7me (required] 1Fee Owner Printed Name (required) E than Owner Signed Name Evidence of Ownership Submitted: Certified Lot Survey: Legal Description Adequate: Legal Ad Required: Date of Design & Review Meeting: FOR CITY USE ONLY _ o _E rztits r _. Applicant Other Than Owner Printed Name Yes No Required Yes No Required Yes No Required Yes No_ Required Date of planning Commission Meeting; Approyed, Denier: „ 13y planning Commission on: Approved: Deni, J -_ By City Council on: Subject: to the following condi 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 CC&) 2 ACKNOWLEDGEMENI OF RESPON IBIL TY This is to certify that I am making application for the described action, and that I am responsible for complying with all city requirements with regard to this request. This application should be processed in my name and I am the party whom the city should contact regarding any matter pertaining to this application. I have read and understand the instructions supplied for processing this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I will keep myself informed of the deadlines for submission of material and of the progress of this application. I understand that this application may be reviewed by city staff and consultants. I further understand that additional information may be required for review of this application. I agree to pay to the city upon demand, expenses, determined by the city, that the city incurs in reviewing this application and shall provide an escrow deposit to the city in an amount to be determined by the city's established fee schedule. Said expenses shall include, but are not limited to, staff time, engineering, legal expenses, other consultant expenses, and finance charges which may include late payments and collection fees. I understand that if expenses for these services exceed the amount of the escrow deposit, they will be billed to me by the city and I agree to pay them. I agree to allow access by city personnel to the property for purpose of review of my application and to place a temporary sign indieatin lication proposed (if required). Signature '44 Date - !.? - 9 -Z'Z Name of applicant mm EP-1,3s-r Fee owner contact information (if other than applicant) Name _-►tsiNG. �-�. �?-703-793Z Phone Address `� �10 ��«w� � �54 pallet OneMN, Ific, 9210 Science Center Or New Hope, MN 55429 (612) 703-7932 www.palleti.com May 271h, 2022 Conditional Use Permit Request Overview: Greetings from Pallet One MN, Inc. Thank you for your time and assistance with our proposed site parking plan adjustment/conditional use permit application. Pallet One MN, Inc. founded in 2005 recently purchased the property at 9210 Science Center Dr and moved in early 2022. Pallet One is a pallet manufacturer and pallet recycler currently serving 400 businesses within the Minneapolis & St Paul metro area. For the last 13 years NE Minneapolis has been our home; adjacent to Columbia Golf Course within the Foley Building at 3300 NE 5th St, Minneapolis, MN 55418. Steady growth and desire to own our own facility brought us to this property and community. Pallet One currently has 21 full time employees — 2 office, 3 Truck Drivers & 16 production/warehouse staff. Our request for the conditional use permit is based on our need to adjust the primary use of our large east parking lot from employee parking to 53' semi -trailer parking. Pallet One currently has 13 semi- trailers in our fleet (6 on site and 7 at customer locations) in addition we have a 3-year lease for storing up to 20 trailers with a neighboring business. We have included a site plan that references up to a maximum 45 spaces for semi -trailer parking. A single 53' semi -trailer takes up 450 square feet x 45 trailers (total maximum parking lot capacity) = 20,250 square feet of semi -trailer parking. These 45 spaces exceed New Hope's standard allowable trailer parking/storage which is 20% (11,027') of our building's square footage/footprint. Our building's internal square footage is 55,132.97 square feet — comprised of 1482.62 office space, 8,282 manufacturing & 45,368.35 square feet of warehouse/storage. The previous tenant of the building had 157 employee (standard) parking stalls (121 east & 36 west). This employee parking use and space is beyond our need and left our east parking lot empty & unused. Our 21 employees park in our west lot. Our ratio regarding required standard parking spaces for office, manufacturing & warehouse/storage requires 52 employee parking spaces: office 1,482.62'/300 = 5 spaces, manufacturing 8,282'/500 = 17 spaces & warehouse/storage 45,368.35'/1500 = 30 spaces - which equals a total of 52 standard spaces. Our proposed site plan shows 53 spaces (9 east adjacent to the building, 11 east in the parking lot & 35 within the west parking lot's 2 rows). Of the 53 standard spaces —4 are designated as handicap (2 east & 2 west). To accommodate this parking lot use change — we will be resurfacing and restriping the parking lot to reference these 45 trailer spaces. East parking lot screening along Science Center Dr is proposed as a row of 48"-72" Colorado green spruce at planting. These trees will grow to a midlife height of 30-40' with a minimum 15' diameter with approx. 8" of growth per year: the site plan drawing provided references these spruce trees. We believe trees provide a better visual aesthetic and natural screen to our east parking lot where the trailers will be parked vs. a constructed fence. We are expanding the east parking lot approximately 40' to the north and 15' to the east as referenced on the site plan. This additional parking lot space was added to accommodate safer semi -trailer movement and provide safe turning radii to our 3 docks on the NE Corner of the building facing east. The site plan also references improvements to all 3 entrance driveways/aprons from Science Center Dr —with appropriate width and turn radiuses for commercial truck movement and access. We are also adding 5' wide cement trailer leg pads the length of the 45 trailer parking stalls to protect the integrity of the parking lot surface from indentation damage from trailer leg supports. Thank you again for your time, assistance and support. Looking forward to an amazing future here in New Hope! Todd Ernst Director of Operations Pallet One MN. Inc. 612-703-7932 9210 Science Center Drive �, ,• p.. 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CONCEPT `D' 3/28/22 REVISION 3/30/22 5/11/22 5/25/22 ALTAINSPS LAND TITLE SURVEY FOR: COMMERCIAL INVESTORS GROUP, LLC 2738 Winnetka Ave. N_, Suite 201 New Hope, MN 55427 —j �^ -dal Des0ption 1 Tormirs: That pad of tffi 5, Block 3, Science industry Center, brig Nwm of Ibo S4 ono o1 Section 6, Township 118, Range 21 (Certificate Nos 849513 and 1140$1G Abstract That part of Lot 5, Block 3, Science Industry Center, lying South of the South line of Section 6, Township 116. Range 21 Hennepin County, Minnesota Note Corresponding to Schedule B, Part II As per Commitment No 201635-1, dated July 29, 2020. 10 Item 1 -Is not a survey issue or not to our knowledge 02 Item 2 - Is ml a survey issue O3 Item 3 - Not to our knowledge Oa Item 4 - Encroachments, if any, as shown hereon. See Miscellaneous Note No 13 regarding boundaries. 0 Item 5 - Visible improvements or encroachments as shown hereon 6 m 10 Items 6 thru 10 - Are not survey issues tt Item 11 - Easements per plat of Science Industry Center affect property as shown 12 Item 12-Assessments are not a survey issue 13 Item 13 - Information from plat as shown hereon to Item 1a - property 3ubjecl Ia Covenants per doe. no. T5596084 and 106375.7.1. Easement portion Sparta GWmPmrm agencies to enter property For inspection and testing. Banadlem b blanket in nature and cannot be shown Misce€laneous Notes Lvr,al tlesc dplion and easements per lisle commamenl from TIIe Specialists Inc. as agent for Old :AN ! Rpp,lik National Title Ins. Co., Commitment No 201635-1. dated July 29, 2020. /fN 2 Property Address 9210 Science Center Drive, New Hope, MN 55428 PID No: Orr118-21-33-0010 AdN 3 Area of Parcel = 413,784± sq N ,uv 4 Property Is In Flood Zone'X" (area of minimal flooding) per FEMA panel map number 27053CD192F dated 11/04/2016. rdn• Access Is gained to the subject properly we Science Center Drive which Is dedicated public nghl-of-way rdN 6 Per item 6 of certification: No zoning report or letter provided Zoning Informalwn shown obtained thro Gay websde MN There is no observable evidence of cemeteries or burial grounds an subject property us B There are no ponds, lakes, springs or rivers boarding on or running through subject properly :dN 9 There is no observable evidence of earth moving work, building conslmctton or building additions within recent months. 1fA r There are no changes in street righlof-wey lines either completed or proposed as available from the controlling jurisdiction There is no observable evidence oI recem street or sidewalk construction or repairs 1.1N r There s no observable evidence of site used as a solid waste dump, sump or sanitary landfal Boundary dimensgn9ind bearmps srlown do not constitute a closed mathematical figure Location of error in plat has Not uinm dekerll.Irarf dA' / Benchmark: Top nut of hydrant on Boone Ave 4441:Fast north of Science Center Drive Elevation = 899 10 feet MN !� Delineated wetland locations per markings In the held set by Kjolhaug Envuomenlel Services Company dated 9/321120 his no. KFS 2020-113 .MN / tXISrrNG f1AROCGVC-R MLZEA/rWlvy BUPdlg=Saw s ft Enay Ways= 113age Garage =270 sq R Bil—o sums 77937,q 793 rt B/IVminous Areas= 77B37 rq/1 Total Nerdmver= 137198 s7.N Ares affteW = 413784 sq ft P—lege ofH.,d--=33.2% ALTA/NSPS Land Trde Survey Certification To Commercial Investors Group, Title Specialists Inc as agent for Old Republic National Title Insurance Company as fell This is to cemfy that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land TitleSurveys, jointly established and adopted by ALTA, and NSPS, and includes Items 1.2. 3, 4, 5, 6(b), 7(a)(c), B. 9, 11 and 16 of Table A thereof. The field work was completed on September 16. 2020 Dated this 22nd day or September, 2020 P EMARC - LANO SURVEYING B ENGINEERING $Vad.f'E�r o'°'am�0.'09w1 w��m liuu,�mcs�s.xe GrdBu!�.R. Pf99ldl kagr¢Irolbrl Na 2i9G2� A.B, Tta. 1115-56 Psi No 09102 drawn by: F48 No.:-1,.- , ,rrc-,a r .- ,n••w.D•g5xr 'J.•r]yr Eu,oz,a' hoo 1 s.:�1---orn=...a_J� 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: Alan Brixius DATE: June 1, 2022 RE: New Hope - Pallet One Outdoor Storage Conditional Use Permit FILE NO: 131.01 - 22.02 Background: Pallet One MN, Inc. has submitted application for a conditional use to allow for outdoor storage and the property located at 9210 Science Center Drive. The applicants recently purchased the 9,5-acre site located north of Science Center Drive and west of the Soo Line railway (9210 Science Center Drive). The site is presently occupied by an approximate 55,000 industrial building. The applicants wish to utilize a portion of the site's parking lot (located east of the building) for semi -trailer parking/storage. Specifically, that applicants wish to store up to 45 semi -trailers within such area. The area devoted to trailer storage (20,250 square feet) exceeds 20 percent of the building's footprint (11,027 square feet). The subject site is bordered on the north, south and west by industrial uses and on the east by the Soo Line railway and an industrial use. The site is zoned I, Industrial within which "outdoor storage as a principal or accessory use" is listed as a conditional use. Thus, approval of a conditional use permit (CUP) is necessary to accommodate the proposed activity. Analysis: In review of the submitted application materials, the following comments are offered: Screening and Landscaping. The City requires outdoor storage areas to be screened and landscaped from adjacent public rights -of -way. Comment: The site plan calls for the planting of 18 Colorado Green Spruce trees (6 feet in height) along Science Center Drive, just south of the proposed trailer storage area. We recommend that an additional 4-5 Colorado Spruce trees be planted east of the east driveway to further screen the trailer storage area. Fencing. The Ordinance states that open outdoor storage intended for the exclusive storage of semi -trailers may be except from security fencing requirements provided that the storage area is delineated, and individual trailers are secured. Comment: As a condition of conditional use permit amendment approval, all trailers located upon the site must be secured (locked) during non -business hours. No fencing shall be required. Surfacing. The City requires outdoor storage areas to be surfaced with concrete or bituminous. Comment: The site plan illustrates that the outdoor storage area will be paved. Perimeter concrete curbing is being provide around the new outdoor storage and loading areas. Curbing along the north edge of the storage area will be surmountable to allow for snow removal and sheet drainage from the storage area.. To accommodate semi -trailer storage, the existing parking lot is to be expanded approximately 50 feet. to the north and 15 feet to the east. The expanded parking area will reduce the amount of green space on the site. The stormwater and drainage impacts shall be subject to comment and recommendation by the City Engineer. Recognizing that the north half of the site is devoted to ponding and surrounding green space, the amount of impervious surface coverage is well within the maximum of 80 percent requirement imposed in the I, Industrial District. The site plan indicates that the proposed improvements will result in a hard cover of 33 percent. Setbacks. The City requires outdoor storage areas to maintain a five-foot setback from all side and rear property lines. Comment: The site plan demonstrates compliance with the minimum five-foot setback requirement. Further, it does not appear that the expanded outdoor storage area will encroach upon any easements. Required Parking. Outdoor storage areas are not allowed to occupy "required" off- street parking, loading areas or access drives. The applicant has indicated that the 55,133 square foot building is to be comprised of 1,483 square feet of office space, 8,282 manufacturing and 45,368 square feet of warehouse. This breakdown of building use requires 52 parking stalls by code. The site plan shows 53 parking stalls which includes 4 disability parking stalls. The parking meets code in number and design. 2 Hazardous Materials. Outdoor storage areas must not be used for storage of hazardous liquids, solids, gases or wastes. Comment: As a condition of conditional use permit approval, the outdoor storage of hazardous materials shall be prohibited. Approval of the CUP for Outdoor will be exclusive to the storage of semi- trailers, storage of other materials will be prohibited. Refuse and Upkeep. Property owners are required to address refuse and upkeep of properties used for outdoor storage activities. Comment: The Applicant must identify the location of trash / recycling handling equipment. If the trash / recycling handling equipment is to be stored outdoors, the site plan must identify the location and design plans for a trash enclosure must be provided. If trash / recycling equipment are to be stored within the building, a notation shall be provided on the site plan. Semi -Trailer Maneuvering. Ample space is being provided to accommodate truck maneuvering within the outdoor storage area. Loading. It is does not appear that outdoor storage activities will impact existing loading areas located in the northeast corner of the building. The applicant has overlaid the semi -truck movement template onto the loading area demonstrating adequate area for truck / trailer movements into and out of the new loading areas at the northeast corner of the building. Additional pavement is being provided northwest of the building to accommodate the truck maneuvering to the loading dock at this location. Lighting. It has not been indicated whether any new exterior lighting is proposed as part of this application. If any new exterior freestanding or wall mounted fixtures are proposed, a photometric lighting plan shall be submitted which demonstrates compliance with the following City requirements. 1. Light fixtures shall be hooded with a 90-degree cut off lighting. 2. The height of the light fixtures and poles shall not exceed 25 feet. 3. The source of the wall -mounted lights shall be hooded or controlled in some manner so as not to light adjacent property. 4. Bare incandescent light bulbs are not permitted in view of adjacent property or public right-of-way. 5. Any light or combination of lights which cast light on a public street shall not exceed one -foot candle (meter reading) as measured from the right-of-way light of said street. 3 Snow Storage. The site plan illustrates the location for snow storage along the north edge of the outdoor storage area. Conclusion: Based on our review of the Pallet One application for outdoor storage at 9210 Science Center Drive, we find that the development fits within the "I" industrial zoning district and recommends approval of a conditional use permit of outdoor storage per the Concept plan D dated 05/25/2022 with the following conditions. 1. The outdoor storage area shall be used exclusively for the storage of semi- trailers. The arrangement of trailer storage shall be in accordance with the approved site plan. All trailers shall be closed and locked during non -business hours. With this condition no fencing shall be required. 2. The landscape plan shall be revised to provide an additional 3-4 Colorado Spruce trees east of the east driveway in the same line as trees west of the d riveway. 3. The outdoor storage areas shall not be used for storage of hazardous liquids, solids, gases, refuse, junk or wastes. 4. Applicant shall identify the location of trash / recycling equipment. No exterior storage of trash / recycling equipment shall be allowed without a trash enclosure located and designed to meet City zoning standards. 5. Any new exterior lighting shall meet the City light standards as outlined in this report. 6. Subject to the review and approval of the city Engineer. 4 Stontec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 ` Si_~an tec Minneapolis, MN 55402 May 23, 2022 File: 193805500 Attention: Jeff Sargent Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Pallet One - 9210 Science Center Drive - Parking Lot Improvements Dear Jeff, We have reviewed the revised plans dated May 11, 2022, met with the applicant on May 20, 2022, and reviewed follow-up questions from the applicant with Community Development and Public Works staff on May 23, 2022. Some comments have been emailed previously to the applicant. The following is a summary of our comments. 1. Wetland buffer- applicant should provide the Minnesota Routine Assessment Methodology (MnRAM) classification of the existing wetland closest to the parking lot expansion. This classification will confirm the 15-foot buffer shown on the plans. 2. Infiltration swales and basins have been added along the north side of the parking lot expansion. We understand the applicant is coordinating providing calculations to show that peak runoffs will not be increased to downstream systems and will be protecting downstream water quality. The calculations should be for existing and proposed conditions and modeling the 2, 10, and 100-year storm events using NOAA Atlas 14 rainfall data with MSE Type III distribution curves. 3. Silt fence will be needed to protect construction runoff to adjacent wetlands and ponds. 4. A storm water maintenance agreement is required for the infiltration swales and basins. A sample agreement can be provided by the city. 5. Retaining wall heights are not shown on the plan. Retaining walls higher than 4 feet will require a professional engineer to design. 6. The city planner included comments related to curb and gutter added to the site. We met with the applicant to review locations. Please see the attached standard details as well as curb and gutter location comments shown on the Concept D plan. Topsoil and seeding will need to be added to blend into existing grass areas from the new curb and gutter. 7. Parking lot should stay 3 feet or more away from the property line. 8. The applicant will be excavating for the new loading docks. The existing sanitary sewer in this area may need to be insulated depending on cover over the pipe. The applicant is reviewing if this sanitary sewer is still being used. If it is not being used, it should be abandoned to limit I and I to the city sanitary sewer system. 9. An as -built plan should be provided to the city once the work is completed. Design with community in mind 1. May 23, 2022 Mr. Jeff Sargent Page 2 of 2 If you have any questions or require further information, please call me at (612)-712-2021. Regards, New Hope City Engineer Dan D. Boyum Attachments: curb location comments, STR-8A Concrete Driveway Apron (Commercial) detail, STR-1 A Curb and Gutter detail c. Bernie Weber, Nick Macklem, Dave Lemke, Jeff Alger, Brandon Bell, Jessi Weber, Eric Hanson - New Hope; Alan Brixius - City Planner; Shelby Wolf - West Metro Fire; Ann Ackerson-Stantec, Todd Ernst - Pallet One. Design with community in mind Even though this driveway width is not being expanded, there appears to be Iraffic driving over the existing bituminous entrance causing rutting. Rutting can lead to washing of material onto the city street. Similar to the other driveway entrances, we recommend the B612 curb be extended from the concrete apron to the south end of the parking lot and connect into the existing walk (east side) and parking lot (west side) to protect these edges from rutting. or, 49® tnorth e 2'concrete ribbon curb along the side of the parking lot expansionribbon curb will allow drainage to tinue to the north, o w. o r-- 1-10 and m SCALE IN FEET ALT"SPS LAND TITLE SURVEY FOR: COMMERCIAL INVESTORS GROUP, LLC 2738 Winnetka Ave. N., Suite 201 New Hope, MN 55427 r...: maw+dus.ra]. Wno bYrtrYfir,',MgNvOiMtl. �w0.i „.a Sr4n 4 TaMp,�4 �v], (GWlW xs«O6,] r „tl1,6 o .D so ].o —"— ~� � mote c.DeeTwalng to sia,eael. B. Pen N 1 �t'ss Some water may concentrate in this location. Some type of rock or spillway may be „ y ........ needed from the parking lot to _ the Swale. I •._ate-^'`. e �: 1. 11 mi- 5 V I L b k k C� - ' i p p QI Irn]-Ntlb aFrw�e O bn13•Amrt.]rolaMr•. _ _ O rm,]-4Yrren.emfM�.r. tiv. _ _ NUSCCHRItCON]- NDIes �I nopwb.r.o:muemoc.�on.. r.. irr...w m,e w,�r],w,a]mro Trn0.ti�.vY►wV.rrMs,+uA//R���0.gb V�.� xuwaN Q Tr.nro,vr. r4wnrocan,..rrsaa wi4]r]]]oiV.Y4. v4a1r. xnu.LL/Mq Q �ae�.wn,.«ed..n�.aas raivorrb�.�,:�a dfr..an. mmr. A,w,r.r+rw.wwrw+r•wlw.lfw wwOrar�d r.r,er..�.Y . Add B612 concrete curb and ' gutter along east side and OED driveway }.„ ..........w ....W.M..........n. 1 expanded e4rn.....,err Bituminous patch on ally= driveway entrances should be 3' wide from the new curb and ALTAWSPStaW ►ItlYSuvrj CwlAlbWo� gutter to allow for proper p saeNce CLVrEP compaction. Matchewsting " r„MA4 re M]u,P 14,N.m. 1,r rr,Y�rb4TNR.9lwtlls Follow city's detail plate for all Fdriveway 66 i2 concrete curb sand, gravel, and bituminous �.�a.r IKKc1.0.0.11rHq-.w r]bwsA commercial driveway entrances. ----------------------- thicknesses. Y g west side of expanded 4W E&NSTASSOCIAgS__ brd]mtira,r.�, raa The new curb and gutter should and connect into Add B612 concrete curb and gutter �� PROPOSED CONTOURS IN RED, NOTES AND PROPOSED along the south side of parking lot PANNGOVEAIAYSBVERNSEASSOG� REMARCbe separated from the concrete ting sidewalk. CONCEPT D —w- apron with expansion fabric. and expanded driveways. 3nanz REVSON3ji0/72 Snug CONCRETE CURB AND GUTTER 0 0 z 2 - N0. 4 G 7" CONCRETE o ,-3' WIDE BAR a PAVEMENT X STREET PATCH w MIN. 3. 511 BIT. ` • g • . Compacted• A99r�gate Base •Class. 5• . -_ -. �.�� � .� ? 6" AGGREGATE BASE, CLASS 5 3' I SECTION NO SCALE MEASUREMENT FOR PAYMENT A EXPANSION JOINT NO. 4 REBAR 12" �B TYPICAL � � R A VARIABLE 12" 12" A - T WIDE STREET PATCH �r MIN. 3.5" BIT. T WIDE BIT. PATCH v a ° Compacted Aggregate Base Class 5 12" 12" , 13 4" PER FOOT NO. 4 REBAR �° '. .•vim•': a nv' a 6" AGGREGATE BASE 1 Q Lu Y w J w o 0 � V) w INTEGRAL CAST EXPANSION JOINT SECTION A -A THRU B618 C&G SECTION B-B THRU CONCRETE GUTTER LAST REVISION: CONCRETE DRIVEWAY APRON APRIL 2022 Stantec COMMERCIAL PLATE N0. IF —CITY OF NEW HOPE, MN STR-8A 6" 1 DISTANCE TO rLVARIABLE 1/2"R T 3"R 1/2"R 13 SLOPE 1O 3/4" PER FT MnDOT B612 ,� a�'• 4 o e .. I MnDOT B618 MnDOT B624 ©J 8„ " B624 12 R�28 R 68"R cr a (V a A O lV © 17 1/2' 10 1/2" 28" 1/2"R 1/2"R 5 SLOPE —�1 314" PER FT © 10" VARIES NOTE: © PLACE #4 REBAR AS SHOWN, WHERE CURB CROSSES UTILITY TRENCHES WITH 3" OF COVER. MOUNTABLE STANDARD SECTION THROUGH DRIVEWAY LAST REVISION: CURB AND GUTTER DEC 2015 5tantec PLATE N0. CITY OF NEW HOPE, MN STR-IA PLANNING CASE REPORT City of New Hope Meeting Date: June 7, 2022 Report Date: June 3, 2022 Planning Case: 22-02 Petitioner: Isaiah Pantoe — The River of Covenant International Ministry Address: 9220 Bass Lake Road Project Name: The River of Covenant International Ministry Project Description: Conditional use permit for a church within the multi -tenant building at 9220 Bass Lake Road I. Type of Planning Request 1. Conditional Use Permit 11. Zoning Code References Sections: 4-33 Administration — Conditional Use Permit III. Property Specifications Zoning: R-O, Residential Office Location: 9220 Bass Lake Road, Suite LL85 Adjacent Land Uses: North: R-1, Single-family Residential (homes) West: Highway 169 South: Industrial (multi -tenant industrial buildings) East: R-1, Single-family Residential (homes) R-3, Medium Density Residential (apartment) Site Area: 6.98 acres 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 an orderly fashion to minimize the potential negative impacts on adjoining developments. IV. Background The River of Covenant International Ministry is requesting approval of a Conditional Use Permit (CUP) to open a church at 9220 Bass Lake Road in Suite LL85. The building is home to two other churches and several office and service businesses. The River of Covenant International Ministry would be located in a Planning Case Report 22-02 Page 1 6/3/22 1,200 square foot space in the lower level of the building. According to the applicant, it is expected that 15 to 20 people would attend services every Sunday from 12:30 p.m. to 2:00 p.m. There would also be a bible study session every Tuesday from 7:30 p.m. to 8:30 p.m. (three to five people in attendance) and a service every Friday from 7:30 p.m. to 8:30 p.m. (two to three people in attendance). The River of Covenant International Ministry also plans to host conferences once a month from 7:00 p.m. to 9:30 p.m. (10 to 15 people in attendance) and meet at the building on occasional Saturdays from 7:00 a.m. to 7:30 a.m. for community volunteer days (five to six people in attendance). Other churches operating inside of the building include Valiant Church and Calvary Chapel. Valiant Church obtained a CUP in 2019 for the use of up to 5,682 square feet of space within the building with a seating capacity of 250 people on the first floor. Calvary Chapel obtained a CUP in 2020 for the use of up to 6,300 square feet of space within the building with 140 to 150 chairs for seating. A condition of approval limits capacity to 250 people for Calvary Chapel and requires the church to request an amendment to the CUP if attendance exceeds that amount. The following table shows the proposed meeting times for The River of Covenant International Ministry as well as the two existing churches within the building. Sunday, M Tuesday Wednesday T Friday Saturday Other River of Sunday service Bible study Service Volunteer day Conference Covenant 12:30 p.m. - 7:30 p.m. - 7:30 p.m. - meeting location 7:00 p.m. - International 2:00 p.m. 8:30 p.m. 8:30 p.m. 7:00 a.m. - 9:30 p.m. Ministry (15-20) (3-5) (2-3) 7:30 a.m. (5-6) (10-15) (Proposed) 1X/month Calvary Sunday service Bible study Bible study Bible study Meeting Chapel 10:00 a.m. - 7:00 p.m. - 7:00 p.m. - 8:30 a.m. - 6:00 p.m. 12:00 p.m. 8:30 p.m. 8:30 p.m. 10:00 a.m. (60-80) (60-80) (6-12) (20-30) (6-12) 1 weeknight/month 2X/month 2X/month Valiant Sunday service Bible study Meeting Church 10:00 a.m. - 7:00 p.m. - 6:00 p.m. 2:00 p.m. 8:30 p.m. (up to 50) (60-100) (up to 12) 1 weeknight/month V. Zoning Analysis A. Plan Description 1. Parking The proposed plans would not change the footprint of the existing building or parking configuration. The site plan illustrates a total of 220 available parking stalls for the entire building. Guests of The River of Covenant International Ministry would park in the west part of the parking lot and enter through a west -facing door. There are 42 parking stalls on the west side of the building. Church uses must provide at least one off-street parking space for each three seats based on the design capacity of the main assembly hall. If Calvary Chapel and Valiant Church both meet their maximum capacity of 250 people per church, a total of 167 parking stalls would be required. There is approximately 840 square feet of assembly space proposed for The River of Covenant International Ministry. Per the deputy fire marshal, the maximum occupancy load for a space of that size is 120 people. The applicant states that it is expected that 15 to 20 people will attend services every Sunday, Planning Case Report 22-02 Page 2 6/3/22 significantly less than the maximum occupancy load of 120 people. Staff is recommending a condition of approval limiting occupancy to 50 people at The River of Covenant International Ministry. If all three churches reached maximum capacity (550 people), City Code would require 183 parking stalls. Calvary Chapel has between 60 and 80 people in attendance and Valiant Church has between 60 and 100 people in attendance for Sunday services. When calculating the parking demand for this site, 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 churches. The tenant list submitted by the applicant states that all other offices/businesses within the building operate Monday through Friday between 8:00 a.m. and 5:00 p.m. The hours of operation for other building tenants are complementary to the proposed and existing church -related uses. As a result, the available off-street parking supply is considered adequate for all building operations. 2. Hours of operation The River of Covenant International Ministry is proposing one monthly meeting that would conclude later in the evening. A conference would be held once a month from 7:00 p.m. to 9:30 p.m. with 10 to 15 people in attendance. All other gatherings would conclude no later than 8:30 p.m. The two churches operating in the building have services that conclude at 8:30 p.m. and none of the office or service businesses operate beyond 5:00 p.m. 3. Anticipated growth The applicant anticipates that the church will grow to 25 to 30 people within the next five to 10 years. The applicant states that the church hopes to have its own facility within that timeframe. 4. Signage The applicant states that Signage will be installed to direct visitors to where the church is located. Signage will be installed at the front lobby, outside of the building, and inside of the building. 5. Building and Fire Code The proposed church would occupy the lower level of a multi -tenant building and would be accessed by a door on the west side of the building. The applicant provided a general floor plan; however, these drawings do not include a scale to allow for measurements. The floor plan should include a scale and the identification of the intended uses within the floor tenant space (assembly, office, kitchen, etc.). The applicant should also provide a plan identifying the location of the tenant space within the building, detailing building access to the church, bathroom facilities, and other ancillary areas that may be available to the church as a tenant. After a Business Use Certificate of Occupancy permit was submitted, the building official and deputy fire marshal completed an inspection of the space to give the applicant an understanding of what would need to be completed prior to holding services. The space appeared to be set up to hold services with an altar, chairs, musical instruments, Planning Case Report 22-02 Page 3 6/3/22 microphones, and projection system in place within the suite. Staff conveyed to the applicant that services could not be held in this location unless a conditional use permit had been granted. A letter summarizing this information was mailed to the applicant and property owner. A letter from the building official and deputy fire marshal summarizing work that needs to be done to bring the space into compliance with building and fire codes was sent to the applicant and building owner. Significant changes need to be made within the suite and basement, including the installation of one -hour fire walls between the church's suite and other uses, the addition of a second exit out of the church's suite, and the addition of a second exit out of the building from the basement. In the revised narrative submitted on May 27, 2022, the applicant states that the building owner and landlord are working on the necessary improvements. B. Zoning Code Criteria I. Conditional Use Permit (CUP) Criteria for decision. 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. FindinF.&. The proposal is consistent with the goals 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 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. Findings. Staff concluded that the proposed use conforms to all applicable performance standards outlined in the Zoning Code. Significant changes must be made to the building and suite in order to bring the space into compliance with building and fire codes. (4) No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Planning Case Report 22-02 Page 4 6/3/22 Findin&s. The proposed use will not depreciate the area's value. No structural changes are being proposed to the footprint of the existing building. (5) Zoning district criteria. In addition to the above general criteria, the proposed use meets the criteria specified for the various zoning districts. Findinss. The proposed use complies with all other zoning district criteria. (6) In residential districts (R-1, R-2, R-3, R-4, R-5, R-B, R-O): a. Traffic. Nonresidential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. Findings. All traffic will continue to enter and exit the property from the driveway along Gettysburg Avenue North, north of Bass Lake Road. Maximum occupancy restrictions and size limitations for the churches will restrict the number of attendees and vehicles at the property. The hours of other building tenants are complementary to the proposed and existing church -related uses. As a result, the available off-street parking supply is considered adequate for all building operations and nonresidential traffic will be channeled into thoroughfares. b. Screening. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. Findings. No structural changes are being proposed to the footprint of the existing building. The proposed use will be separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. There are no proposed changes to how the building is screened from residential properties to the north. c. Compatible appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. Findings. The appearance of the structure and site will not have an adverse effect upon adjacent residential properties. Screening of the property will not be altered, and no structural changes are being proposed to the footprint of the existing building. C. U12roval 1. Type of Approval i. Conditional Use Permit — quasi judicial 2. Timeline i. Date Application Received: May 13, 2022 Planning Case Report 22-02 Page 5 6/3/22 ii. End of 60-Day Decision Period: July 12, 2022 iii. End of 120-Day Decision Period: September 10, 2022 VI. Notification Property owners within 500 feet of the parcel were notified by mail, land use petition signs were placed on the property, and a legal notice was published in the Sun Post newspaper and on the city's website. Staff received some questions from residents about the request and encouraged residents to submit feedback or attend the public hearing to share any comments or concerns. One individual contacted the city and felt that if The River of Covenant International Ministry grows, parking for three churches may become an issue. VII. Summary The River of Covenant International Ministry is requesting approval of a CUP to open a church at 9220 Bass Lake Road in Suite LL85. The building is home to two other churches and several office and service businesses. The River of Covenant International Ministry would be located in a 1,200 square foot space in the lower level of the building. It is expected that 15 to 20 people would attend services every Sunday from 12:30 p.m. to 2:00 p.m. There would also be a bible study session every Tuesday from 7:30 p.m. to 8:30 p.m. (three to five people in attendance) and a service every Friday from 7:30 p.m. to 8:30 p.m. (two to three people in attendance). The River of Covenant International Ministry also plans to host conferences once a month from 7:30 p.m. to 9:30 p.m. (10 to 15 people in attendance) and meet at the building on occasional Saturdays from 7:00 a.m. to 7:30 a.m. for community volunteer days (five to six people in attendance). VIII. Recommendation Staff recommends that the Planning Commission conduct a public hearing and approve a CUP allowing for a church at 9220 Bass Lake Road, subject to the following conditions of approval: 1. Service and meeting times shall be limited to the hours of operation specified in the application. If conditions change that create an increase in parking demand beyond current capacity, the applicant and building owner shall construct additional parking or adjust building operations to fit within the parking available on site. 2. Seating capacity shall be limited to no more than 50 people within Suite LL85. If a greater seating capacity becomes necessary, an amendment to the conditional use permit shall be required. 3. Applicant shall provide a seating diagram illustrating seat arrangements, aisle widths, access and egress, and other features of the assembly area. 4. Building and fire code assessment and architectural drawings shall be prepared by a registered architect illustrating the improvements needed for the introduction of a church into the proposed suite. 5. Building plans shall identify the location of the church within the building and proposed access routes to the church, bathrooms, and other ancillary areas of the building that may be available to the church. Planning Case Report 22-02 Page 6 6/3/22 6. A complete review and approval of building and fire prevention plans by the deputy fire marshal and building official shall be completed. Services shall not take place until the suite and building meet minimum requirements for the proposed use and an occupancy permit has been issued. Attachments • Application, narratives, and floorplans (May 13, 2022, and May 27, 2022) • Aerial map • Site photos • Northwest Associated Consultants memorandum from Alan Brixius (June 1, 2022) • West Metro Fire -Rescue District memorandum from Shelby Wolf and Eric Hanson (April 29, 2022) • Occupancy letter from Jeff Alger (April 29, 2022) Planning Case Report 22-02 Page 7 6/3/22 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 Case # Signs(s) Planning Deadline 5go 540fl 30 Receipt # C_ C-- Received by JI r �f_.5 Gt Name of Applicant: I4- q"V " & 0V+ t t Yl y 1 Phone: 63 - 2�k5 - Z233 Applicant Address: 763 3 1 vt Nc- Q �2n3Akl4h �c[ vA Wn ju S S y tt yt Applicant Email Address: Street Location of Property:� a��z �� �� UA S PID: 0 C&- i. t ? - 2-17 ZS - u©Z g Legal Description of Property: OWNER OF RECORD: Name: ^� l�-���+,A�1'A 4 grit.iress:_r �`' G kLss Home Phone: Work Phone: G [ �- - G ��- I ( 0 Fax: Applicant's nature of Legal or Equitable Interest: e- �e-"t_­,t^ Type of Request: (pertaining to what section of City Code) tiW1 US[ 1/11 t Please outline Description of Request: (use additional pages if necessary) �r6-e- �i;� �cd_Jcr. Lh_en row / Cs2 Why Should Request be Granted: l /i LF ale Q 7�v1n ra U ' L� 'G1'ti `� °` �`'`' " VLP1�-• j 5 s �n 1 I i ?�.i t� 1s tirV1C�P lillCLt � Cif ��'• ��111 I/�S�tt�Iv`� ��JrFalc C1��`5 ��^ �u �tJ j]�C:� tD . v) my C) UUW&-u C� ` (Attach narrative to application form if necessary) City of New Hope Community Development 4401 Xyton Ave N -New Hope MN 55428 • Pbone: 763-531-5110 -Fa: 763-531-5136 • oewbopam ry Application to Planning Commission and City Council Applicant aclmowledges 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 Comm elopment Department will notify you o 1 meetin Signed: Building Owner Signature: �^ Fee Owner (p"o- name) & Alve—, OV (bve- +��t+YlerfrWlai RI�SI� 15ara`l, %—"kr Applicant Other than Owner (print or type) Evidence of ownership Submitted: Certified Lot Survey: Legal Description Adequate: Legal Ad Required: Yes No Required Yes No Required Yes No Required Yes No Required Date of Design & Review Meeting - Date of Plarming Commission Meeting. Approved: ` Denied: By Planning Commission on: Approved: ` Denied: By City Council on: subject to the following conditions City of New Hope Community Development 4401 Xylon Ave N • New Hope MN 55428 • Phone: 763-531-5110 • Fit: 763-531-5136 • newh0PCUL tov Application to Planning Commission and City Council This is to certify that I am making application for the described action, and that I am responsible for complying with all city requirements with regard to this request. This application should be processed in my name and I am the party whom the city should contact regarding any matter pertaining to this application. I have read and understand the instructions supplied for processing this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I will keep myself informed of the deadlines for submission of material and of the progress of this application. I understand that this application may be reviewed by city staff and consultants. I further understand that additional information may be required for review of this application. I agree to pay to the city upon demand, expenses, determined by the city, that the city incurs in reviewing this application and shall provide an escrow deposit to the city in an amount to be determined by the city's established fee schedule. Said expenses shall include, but are not limited to, staff time, engineering, legal expenses, other consultant expenses, and finance charges which may include late payments and collection fees_ I understand that if expenses for these services exceed the amount of the escrow deposit, they will be billed to me by the city and I agree to pay them. I agree to allow access by city personnel to the property for purpose of review of my application and to place a temporary sign indicating the application proposed (if required). Signature Date US 3d2Z Name of applicant,jI a Alva. 0f as t 1+PI Date Ari22 (please print) �rsuiah / av(cr Fee owner contact information (if other than applicant) Name ��?'�—,rt7rv+ a ¢�A13 (� 61 2 — 6 3C — 1630 33 Phone Address Building Owner Signature IRA Submitted May 27, 2022 The river of covenant international Ministry Narrative for conditional use permit. Every Sunday We will have our worship service at 12:30 to 2:00 PM. And mostly We are expecting to have 10 to 15 people in attendance. However, this time was adjusted Based on valiant church Time. Because we had the same worship hours. Therefore, we adjust our time to the time they Get off church but now I'm seeing on the sheet given to me, that they adjusted their time from 10am to 2pm Which is not fair to us. Because their previous time was 10:30 AM to 12:3013m. Now they adjusted their time from 10:30 AM to 2:00 PM? This is Not fair on our part. Because I spoke with them Before We decided to Apply for the Conditional use permit; And they told me that everything was okay. And no churches Have services at 2:00 PM So our church services Is at 12:30PM to 2:OOPM as owner plan to have a word with them. The space that will be occupied is about 1200 square foot We will also be Hosting Bible studies and prayer Night services as well. our Bible study is every Tuesday. At 7:30 PM to 8:30 PM. Usually we have three to five people in attendance but mostly it Is online. On Fridays We have our covenant night which will Be from 7:30 PM- 8:30 PM. And we usually have three to two People in attendance. But mostly it's online. Also. We are expecting the church growth in five to 10 years we anticipating About 25 to 30 people But We are also anticipating that the church will have her own facility and will Not be at this facility in the next 5 to 10 years. There will be Parking space that will be available for any visitor who will come at the church. There will be no park allow on the streets. There will also be exit Door available for people who attend services. Per fire, Marshall. observation and request, Landlord and owner are aware of every change that had to be made; And they are Working on it According to the owner. When everything goes well Signs will be put up to direct people Where the church Is located. Outside of the premises and also Inside of the premises at the front lobby According to Landlord. Again. Hours. Services. Hours are; Sundays 12:30 PM-2:00 PM. Tuesdays Bible studies 7:30 PM-8:30 PM. Fridays. We have prayer night from 7:30 PM-8:30 PM. Landlord is aware of. Every. Installation of extra doors. per fire Marshall Requests The landlord is also aware of every correction That will be done on the premises. And we are also aware not to host in person services until everything is finalize, but also, we were given permission to host our online services at the facility as we Continue to wait for the conditional use Permit. Submitted May 13, 2022 Date: 03/22/2022 TO: City of New Hope FROM: Isaiah Pantoe / The River of Covenant International Ministry Extended narrative of Church activities (Description of Request) 1. We plan to hold a church service every Sunday from 12:30 PM to 2:OOPM with the expected attendance of 15 to 20 people in the 1200 Square Foot leased space of Suite LL85 at 9220 Bass Lake Rd in New Hope, Minnesota. This 1200 Sq Ft Space is more than adequate for our smaller size congregation. 2. Every Tuesday, we plan to hold a Bible Study from 7:30PM to 8:30PM with an expected attendance of 5 to 6 people at the 1200 Sq Ft Suite LL85. During this time, we are learning about the Bible in small groups. These meetings will usually take place an hour or two after the typical business hours of most of the other tenants in the building. 3. Every Friday, we plan to hold our healing and deliverance service from 9:30PM to 10:30PM with an expected attendance of 8 to 10 people in the 1200 Sq Ft Suite LL85. At this time, we gather in small groups to pray for people we know, the sick, other Nations, and the world as a whole. 4. We will also be conducting conferences in relation to depressions, domestic violence, and planning voluntary work within the community. The conferences will be held once every month between 7:OOPM and 9:30PM with an expected attendance of 10 to 15 people. The Landlord will be notified in advance of any conferences that will be held at the facility. For the community work, we will meet on Saturday morning between 7:00 AM and 7:30 AM for a short huddle and prayer before we disburse into the community for our volunteer work that day. We typically get between 5 and 6 volunteers. 5. According to the Fire Marshall, the Maximum Occupancy is between 30 to 49 people for the 1200 square footage of office space we are leasing in Suite LL 85. We will stay within this maximum occupancy limit at all times. 6. Our Operating Hours will be posted as the following: a. Sunday Worship Service: 12-30 PM to 2:00 PM b. Tuesday Bible Study: 7:30 PM to 8:30 PM c. Friday Healing & Deliverance Service: 9:30 PM to 10:30 PM 7. The Landlord is aware of the Entrance Door corrections, so the door opens outwards into the building hallway and plans to make the correction after the CUP is granted by the City of New Hope and before we begin using the space for the services described above. 8. The Landlord is also aware of the requirement for an extra fire door installation if our congregation membership reaches the maximum occupancy of the 1200 Sq Ft Suite LL85. We will notify the landlord if our ministry grows in size and starts to approach that maximum occupancy limit. Tenant List Property Address: 9220 Bass Lake Rd New Hope, MN 55429 P I D: 06-118-21-23-0078 Business Name Suite # General Business Hours Amana Business Solutions, LLC E5 M-F 8AM-513M American Family Insurance 395 M-F 8AM-5PM American National Insurance Co. 340 M-F 8AM-5PM Attorneys Title Guaranty Fund 238 M-F 8AM-5PM CADY Building Maintenance, Inc. 360A M-F 8AM-5PM Calvary Chapel Twin Cities 100 M-F 8AM-5PM Choice Insurance Agency 225 M-F 8AM-5PM Commnity Family Supports 255 M-F 8AM-5PM Community Mediation & Restoration Services, Inc. 270 M-F 8AM-5PM Crosstown Insurance 225 M-F 8AM-5PM Current Financial 301 M-F 8AM-5PM Delight Transportation, LLC 345 M-F 8AM-5PM EDGE Home Finance Corporation 380 M-F 8AM-5PM FREIGHTCOM 245 M-F 8AM-5PM Gomez Law, PLLC 200 M-F 8AM-5PM Greater Midwest Realty Corp 235 M-F 8AM-5PM Hiossen, Inc 302 M-F 8AM-5PM House Cleaning Headquarters 265 M-F 8AM-5PM Landahl Insurance Agency E1 M-F 8AM-5PM Living Life Home Care 215 M-F 8AM-5PM M Health Fairview 260 M-F 8AM-5PM MacMillan & Athanases, PLLC 200 M-F 8AM-5PM Midwest CAM Solutions 380 M-F 8AM-5PM Noor Kids LL70 M-F 8AM-5PM PCCS / APC / MGE / Russelectric 310 M-F 8AM-5PM Primerica Financial Services 295 M-F 8AM-5PM REALTY GROUP 305 M-F 8AM-5PM Superior Performance Center 350 M-F 8AM-5PM Supportive Guidance 230 M-F 8AM-5PM The Giving Group 305 M-F 8AM-5PM Tamara Pollard 295 M-F 8AM-5PM Tharp Family Partnership 300 M-F 8AM-5PM Thrivent Financial 385 M-F 8AM-5PM SUN 10:30AM-12:30PM Valiant Church 320 WED 7:OOPM - 8:30PM VOA - Community Family Supports 305 M-F 8AM-5PM Vona Center for Mental Health 255 M-F 8AM-5PM Wright Tax Pro's 235 M-F 8AM-5PM PENDING CUP The River of Covenant International Ministry 1-1-85 Sunday 12:30PM - 2:00PM Tuesday 7:30PM - 8:30PM Friday 9:30PM - 10:30PM EXHIBIT A Description of Leased Premises — See Attached Architect's Drawing B, 61, Description of Landlord's Work — See Architect's Drawing Attached Removi ng these two walls, and one door, repairing adjacent affected walls, and Installing matching of same carpeting to cov gap in floor and replacing ceiling tiles with larger tiles to cry, gap in ceiling. I U'1 1 AN �R 9220 Bass Lake Road R-O, Residential Office 64 714 t � � i _. rr � � a }�■nf � 1 J f� ,i r r VT + ii din" on I. i r 9220 Bass Lake Road - West entrance and parking lot `��"�• __ — :"_[ � �'l�`a.- yam'_ �y � -3_ 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: Alan Brixius DATE: June 1, 2022 RE: New Hope - River Covenant International Ministry Church CUP FILE NO: 131.01 - 22.01 BACKGROUND: The River Covenant International Ministry has requested the approval of a conditional use permit to allow the location of a church use within the lower level of the multi -tenant commercial center located at 9220 Bass Lake Road. The applicant wishes to occupy approximately 1,200 square feet of the building to conduct religious and ministry services. The subject property is zoned R-O, Residential -Office. In the R-O district, 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. This is the third church conditional use permit application for this address (Valiant Church approved in 2019 and Calvary Chapel approved in 2020). The current application must be evaluated in conjunction with the other building tenants to ensure that the site will operate in compliance with the city zoning standards. ANALYSIS: In review of the submitted application materials, the following comments are offered: Off -Street Parking Parking Supply. 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. The site plan illustrates a total of 220 off street parking stalls. Of issue is the handling of off-street parking during special church events which may conflict with peak demand time of other building tenants and the other two church. In this regard, the scheduling of church services must be considered. The following table provides a comparison of existing church activities within the building as well as those proposed by the applicant: River of Calvary Chapel Valiant Church Covenant International J Ministry (Proposed) Sunday Sunday service Sunday service Sunday service 12:30 p.m. - 10:00 a.m. - 10:00 a.m. - 2:00 p.m. 12:00 p.m. 2:00 p.m. (15-20 people) (60-80 people) (60-100 people) Monday Tuesday Bible study Bible study 7:30 p.m. - 7:00 p.m. - 8:30 p.m. 8:30 p.m. (3-5 people) (6-12 people) 2X/month Bible study Wednesday Bible study 7:00 p.m. - 7:00 p.m. - 8:30 p.m. 8:30 p.m. (20-30 people) (up to 12 people) Thursday Friday Service 7:30 p.m. - 8:30 p.m. (2-3 people) Saturday Volunteer day Bible study meeting location 8:30 a.m. - 7:00 a.m. - 10:00 a.m. 7:30 a.m. (6-12 people) (5-6 people) 2X/month Other Conference Meeting Meeting 7:00 p.m. - 6:00 p.m. 6:00 p.m. 9:30 p.m. (60-80 people) (up to 50 people) (10-15 people) 1 weeknight/month 1 weeknight/month 1X/month The scheduling of events and gatherings is needed to avoid conflicts with the other churches and tenants within the building. As shown above, the proposed K church activities will overlap with Valiant Church services on Sunday afternoons. An expanded description will be needed to address special church events such as weddings and any possible outdoor events. According to the Zoning Ordinance, church uses must provide at least one off- street 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 current sizes of the churches do not present an on -site parking issue. However, each church anticipates growth in its congregation. Valiant Church anticipates a maximum size of 250 people; Calvary Chapel was approved with a cap on attendance of 250 people. When these two churches grow to their maximum capacities, a total of 167 parking stalls would be needed if all events are simultaneously held on site. This makes the event scheduling for each church critical to ensure that they can function within the site. The River of Covenant International Ministry has provided a growth estimate of 25 to 30 people in the next 5 to 10 years. It will occupy 1,200 square feet of floor area within the building. The Fire Marshall established a maximum capacity for the 1200 sq. ft. tenant space as being between 30 to 49 people as a church. River of Covenant International Ministry has indicated that they will stay within these maximum capacity occupancy limits at all times. Building and Fire Code Requirements. The applicant has provided a general floor plan for their tenant space; however, these drawings do not include a scale to allow for measurements. The tenant space floor area must be revised to include a scale for measurement and the identification of the intended uses within the floor tenant space (assembly, office, kitchen, etc.). The applicant shall also provide a building plan identifying the location of tenant space within in the building to identify the building access to the church, bathroom facilities and other ancillary areas that may be available to the church as a tenant. The proposed church is intended to occupy the lower level of the multi -tenant building and be accessed via an entrance of west side of the building. To be noted is that such space presently does not have a second exit in the event of an emergency. As a condition of conditional use permit approval, the applicants must demonstrate that space to be occupied meets applicable Building and Fire Code requirements for places of assembly. The Church has indicated that they and the building landlord are aware of the required fire code improvements and are willing to undertake these improvements as condition of the conditional use permit approval. 3 A conditional of the conditional use permit approval will be the requirement for the submission of a code assessment and architectural plans for the tenant bay and building prepared by a registered architect demonstrating compliance with all building and fire code requirements for the introduction of the church in this portion of the building. Said plans shall be reviewed and approved by the City Building Inspector and Fire Marshall. All required building improvements shall be made prior to issuance of an occupancy permit. No assembly Church services shall be conducted on -site prior to receipt of an occupancy permit. SUMMARY Churches are allowed by conditional use permit in the R-O, Residential -Office zoning district. Our review, of the application by River Covenant International Ministry for a church at 9220 Bass Lake Road finds that the proposed church in its current size and projected growth can operate in compatible manner with the other tenants and uses within the multiple tenant office building. Based on our review we recommend approval of the conditional use permit to River Covenant International Ministry Church at 9220 Bass Lake Road with the following conditions. 1. The Church enrollment and service at the site may not exceed a maximum of 50 people. The assembly of people beyond the maximum capacity will require an amended conditional use permit. 2. Applicant shall provide a seating diagram illustrating the seat arrangements, aisle widths, access and egress and other amenities (pulpit, altar, etc.) within the assembly area. 3. Applicant shall provide a building and fire code assessment and architectural drawings prepared by a registered architecture illustrating the required improvements needed for introduction a church into the proposed tenant bay of the building. 4. No church assembly activities shall be permitted without the receipt of a building occupancy permit. 5. The applicant shall provide a building plan identifying the location of the church in the building and the proposed access routes to the church, bathrooms, and other ancillary areas of the building that may be available to the church. 6. The assembly Church operations shall abide by the following days and times to avoid conflicts with other building tenants. a. Sunday service: 12:30 p.m. - 2:00 p.m. b. Tuesday evening: Bible study 7:30 p.m. - 8:30 p.m. c. Friday evening: 7:30 p.m. -8:30 p.m. d. Saturday morning: 7:00 a.m. - 7:30 a.m. rd e. Monthly Conferences / Weekdays: 7:00 p.m. - 9:30 p.m. f. Special events outside of these operational hours must be coordinated and approved by the landlord to avoid conflicts with other building tenants. g. All events shall occur within the building. Outdoor events on -site are prohibited. 7. On- street parking is prohibited. 8. Any new signs to be erected upon the subject property, including wall signs, must be subject to sign permit. 5 IN 4251 Xylon Avenue North • New Hope, Minnesota 55428 Telephone: 763.230.7000 • Fax: 763.230.7029 • www.wmfrd.org The River of Covenant International Ministry Attention: Isaiah Pantoe 9220 Bass Lake Road Suite #LL85 New Hope, MN 55428 Re: Business Use Certificate of Occupancy Inspection To Mr. Pantoe; It was a pleasure meeting you today regarding the future use as an assembly occupancy. As the result of this inspection the follow items are listed below: 1. All walls dividing the assembly area from another occupancy shall be 1 hour from floor/ceiling assembly to the floor. Currently the walls do not go all the way to the floor/ceiling. (2020 Minnesota Building Code, Table 508.4) 2. There was a couple of extension cords being used in the ceiling and in the stage area. Extension cords are not allowed to be used for permanent use. (2020 Minnesota State Fire Code, Section 605.5) 3. There is a smoke alarm missing in basement main hallway area. The smoke alarm shall be replaced. (2020 Minnesota State Fire Code, Section 907.8.5) 4. The square footage of the main assembly area of suit #LL85 is about 840 square feet. Per code you 840/7=120 people for an occupancy load. This calculation is for chairs only. (2020 Minnesota State Fire Code Table 1004.5) 5. Due to the occupancy load of the suite in question, more than 49 people shall require two exits. Currently there is only one exit out of the suite. The main basement corridor shall require two approved exit doors. Currently there is only one approved exit door. (2020 Minnesota State Fire Code, Section 1006.2.1) 6. The common duct work that was in the building prior to it being divided into different occupancies will require smoke dampers in returns and supply ducts. (2020 Minnesota Mechanical Code) If you have any questions feel free to contact Shelby Wolf, Deputy Fire Marshal at swoif@westnietrofire.com or call (763) 230-7006, or contact Eric Hanson, New Hope Building Official at ehansongnewhopemn. oovv or call (763) 531-5125. Sincerely, CFIU'�' Alrw.elv Shelby Wolf, Deputy, Fire Marshal Eric Hanson, New Hope Building Official April 29, 2022 Tharp Family LTD Partnership 9220 Bass Lake Rd, Ste 300 New Hope, MN 55428 Tharp Family LTD Partnership, Please be aware that a conditional use permit has not been approved for The River of Covenant International Ministry at 9220 Bass Lake Road Ste LL85. Services cannot be held in this suite unless a conditional use permit has been approved by the New Hope City Council. During a Business Use Certificate of Occupancy inspection on April 28, 2022, it was noted that an altar, chairs, musical instruments, microphones, and projection system are in place within the suite. It was conveyed to Mr. Isaiah Pantoe that services cannot be held in this location unless a conditional use permit has been granted. We understand Mr. Pantoe intends to apply for a conditional use permit on May 13. As the building owner, you will be required to sign the application. Barring any delays, the request would be considered by the New Hope City Council on June 27. Please contact me with any questions. Sincerely, Jeff Alger Community Development Specialist 763-531-5119 jalger@newhopemn.gov cc: Mr. Isaiah Pantoe Kirk McDonald, City Manager Tim Hoyt, Police Chief Jeff Sargent, Director of Community Development Eric Hanson, Building Official Johnny Vang, Housing/Code Enforcement Inspector Shelby Wolf, Deputy Fire Marshal Stacy Woods, Assistant City Attorney CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www.d.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES November 2, 2021 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 Hanson called the meeting to order at 7:00 p.m. ROLL CALL Present: Jim Brinkman, Chris Hanson, Heather Koshiol, Roger Landy, Matt Mannix, Michael Redden, Tom Schmidt Absent: None Also Present: Jeff Sargent, Director of Community Development; Jeff Alger, Community Development Specialist; Al Brixius, City Planner; Stacy Woods, Assistant City Attorney; Jessi Weber, Recording Secretary NEW BUSINESS None PUBLIC HEARING Chair Hanson introduced the three planning cases. Item 4.1, Planning Planning Case 21-09, 21- Case 21-09, text amendment to sections 4-2(b) and 4-3(b) of the New Hope 10, 21-11 City Code related to accessory structures. Item 4.2, Planning Case 21-10, Items 4.1, 4.2, 4.3 text amendment to section 4-2(b) of the New Hope City Code related to tutorial uses. Item 4.3, Planning Case 21-11, text amendment to section 4- 17(d) of the New Hope City Code related to allowable uses in the City Center district. Mr. Jeff Alger, Community Development Specialist, gave background information on the three Planning Cases. PC 21-09; the proposed text amendment defines a carport as an accessory structure. Carports, even when connected to a garage, would be treated as independent accessory structures. Setback requirements and limits for garages would apply. The zoning code restricts lots in the R-1 and R-2 zoning districts to no more than two accessory buildings, including an attached garage. Accessory structures are also limited to a combined total area of 1,400 feet. The ordinance also restricts the types of material that could be used in the construction of a carport. The second portion of the draft ordinance modifies language in the City Code to state that once constructed, a two -stall garage cannot be eliminated or reduced to one - stall, unless garage space is added elsewhere on the property. PC 21-10; The draft ordinance amends the definition of on -site service businesses to include specialty schools or tutoring centers offering only one-on-one instruction of students. Such uses are permitted in commercial zoning districts, including the Community Business and City Center districts. They are permitted in the Residential Business district, but cannot exceed 4,000 gross square feet of floor area without a conditional use permit. PC 21-11; The draft ordinance amends the code to remove "Service Business" as an allowable commercial use, and specifically adds "Service Business — On -Site" as allowable commercial use instead. This is defined as an establishment that provides useful labor, maintenance, repair, and activities where the customer patronizes the location of operation. "Service Business — Off -Site" is not an allowed use and is defined as an establishment that provides useful labor, maintenance, repair, and activities where the service is provided at the customer's location. Commissioner Redden asked if other areas of the current city code addressed instruction for two -on -two or one -on -many, since the code amendment only addresses one-on-one. Mr. Brixius said the code amendment was drafted the way shown in order to limit bringing other assembly -type uses into the commercial zoning district. Motion by Commissioner Landy, seconded by Commissioner Redden, to open the Public Hearing. All present voted in favor. Motion carried. No one was present to address the commission. Motion by Commissioner Landy, seconded by Commissioner Mannix, to close the Public Hearing. All present voted in favor. Motion carried. Chair Hanson asked if any of the commissioners had any questions. No commissioners had questions. Motion Motion by Commissioner Landy, seconded by Commissioner Schmidt, Item 4.1, 4.2, 4.3 to approve Planning Case 21-09, text amendment to sections 4-2(b) and 4- 3(b) of the New Hope City Code related to accessory structures. Planning Case 21-10, text amendment to section 4-2(b) of the New Hope City Code related to tutorial uses. Planning Case 21-11, text amendment to section 4-17(d) of the New Hope City Code related to allowable uses in the City Center district. Voting in favor: Brinkman, Hanson, Koshiol, Landy, Mannix, Redden, Schmidt Voting against: None Absent: None Motion approved: 7-0 Chair Hanson stated the case will be brought to the November 22, 2021 City Council meeting. COMMITTEE REPORTS The next potential meeting is on November 18, 2021. If an application is Design and Review submitted, staff will notify commissioners of the meetings. Conunittee Item 5.1 Codes and Standards There currently is no meeting scheduled. 2 Planning Commission Meeting November 2, 2021 Committee Item 5.2 NEW BUSINESS Chair Hanson announced his resignation from the Planning Commission at the end of his term, which is December 31, 2021. Mr. Sargent thanked Chair Hanson for his six years of service on the Planning Commission. He also announced that Commissioner Schmidt has submitted his resignation at the end of December, as he will be moving out of the city. Mr. Sargent thanked Commissioner Schmidt for his 17 years of service. At the end of the year, there will be four vacancies if any commissioners have recommendations to fill the open spots. It was discussed and agreed upon that the chair assignments would take place at the next meeting. OLD BUSINESS Motion by Commissioner Landy, seconded by Commissioner Redden, to Approval of Minutes approve the Planning Commission minutes of June 1, 2021. Motion Item 7.1 carried. ANNOUNCEMENTS Mr. Sargent explained since the Governor's Peace Time Emergency plan has expired, there is a change to the open meeting laws. If a member of the commission would be attending the meeting virtually that included a public hearing, that commissioner would need to be in a public space to allow anyone from the public to provide feedback if they so desired. Ms. Woods will be drafting a memo for all the commissioners explaining the new guidelines. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:21 p.m. Respectfully submitted, Jessi Weber, Community Development Administrative Specialist Planning Commission Meeting November 2, 2021