110712 PlanningPLANNING COMMISSION MEETING
City Hall, 4401 Xylon Avenue North
Wednesday, November 7, 2012
7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT BUSINESS
4. PUBLIC HEARING
• 4.1 PC12 -03, Amendments to the New Hope Comprehensive Plan, New Hope Design
Guidelines, and New Hope Zoning Ordinance, city of New Hope, petitioner.
5. COMMITTEE REPORTS
5.1 Design and Review Committee — next meeting December 13, 7:30 a.m. (if needed)
5.2 Codes and Standards Committee
6. NEW BUSINESS
7. OLD BUSINESS
7.1 Approve October 15, 2012, Planning Commission Minutes
8. ANNOUNCEMENTS
9. ADJOURNMENT
• Petitioner must be in attendance at the meeting
Planning Commission Guidelines for Public Input
The Planning Commission is an advisory body, created to advise the City Council on land use. The
Planning Commission will recommend Council approval or denial of a land use proposal based upon
the Planning Commission's determination of whether the proposed use is permitted under the Zoning
Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the
surrounding neighborhood.
The Planning Commission holds informal public hearings on land use proposals to enable you to learn,
first -hand, what such proposals are, and to permit you to ask questions and offer comments. Your
questions and comments become part of the record and will be used by the Council, along with the
Planning Commission's recommendation, in reaching its decision.
To aid in your understanding and to facilitate your comments and questions, the Planning Commission
will utilize the following procedure:
1. The Planning Commission Chair will introduce the proposal.
2. City staff will outline the proposal and staff's recommendations and answer any questions from the
Planning Commission.
3. The petitioner is invited to describe the proposal, make comments on the staff report, and answer
questions from the Planning Commission.
4. The chair will open the public hearing, asking first for those who wish to speak to so indicate by
raising their hands. The chair may set a time limit for individual questions /comments if a large
number of persons have indicated a desire to speak. Spokespersons for groups will have a longer
period of time for questions /comments.
5. When recognized by the chair, the person wishing to speak is asked to come forward and to give
their fall name and address clearly. Remember, your questions /comments are for the record.
6. Direct your questions /comments -to the chair. The chair will determine who will answer your
questions.
7. No one will be given the opportunity to speak a second time until everyone has had the opportunity
to speak initially. Please limit your second presentation to new information, not rebuttal.
8. At the close of the public hearing, the Planning Commission will discuss the proposal and take
appropriate action.
A. If the Planning Commission recommends that the City Council approve or deny a request, the
planning case will be placed on the City Council agenda for the next regular meeting. Usually
this meeting is within one to two weeks of the Planning Commission meeting.
B. If the Planning Commission tables the request, the petitioner will be asked to return for the next
Commission meeting.
PLANNING CASE REPORT
City of New Hope
Meeting Date: Wednesday, November 7, 2012
Report Date: Tuesday October 30, 2012
Planning Case: 11.04
Petitioner: City of New Hope
Address: 4401 Xylon Avenue North, New Hope, MN 55428
Project Name: City Center Vision Study
Project Description: Amendments to the New Hope Comprehensive Plan, New Hope Design
Guidelines, and New Hope Zoning Ordinance
I. Type of Planning Request
II. Zoning Code References
Section(s) Section 4 -17, CC, City Center District; Comprehensive Plan
(Mixed Land Use, Planning District 11, Development Framework
Proposed Land Use Map, Appendix F Design Guidelines)
III. Property Specifications
Zoning: CC, City Center District
Location: Intersection of 42" and Winnetka Avenues, and bounded by
Boone Ave. on the west, Quebec Ave. on the east, 45 Ave. on the
north, and 40 Ave. on the south.
Adjacent Land Uses: Residential land uses to the north and east. Park and public /semi-
public land uses to the south and west. Commercial land uses to
the southeast and southwest.
Site Area: Total area of the Vision Study area west of the railroad tracks is
4,051,080 square feet or 93 acres (see Exhibit A).
Building Area: NA.
Planning District: Planning District 11: Comprehensive plan guides this site for
Commercial Land Uses. Amendment is proposed.
IV. Background
The City Center Study began in 2010 and was funded by Hennepin County. The original
goal of the study was to identify opportunities to shape redevelopment to include multi -
modal transportation options. The study progressed with the development of a
comprehensive vision for City Center and a set of guiding principles for its redevelopment
which were designed to address transportation goals and other significant elements shaping
redevelopment.
The study envisioned City Center as 1) the focus of civic, cultural and business activity, and
an expression of the character and identity of the City, 2) the center of the City's
transportation network, 3) redeveloped in a compact, efficient, economically &
environmentally sustainable, and transit- oriented manner, 4) designed to reinforce a cohesive
identity, and 5) redeveloped to capitalize on existing assets (City facilities, existing
businesses, location, etc.).
The proposed Comprehensive Plan/Design Guideline and Zoning Ordinance amendments are
the tools for implementing the Vision Study goals.
V. Study Area Size
The total area of the Vision Study area west of the railroad tracks is 93 acres (see Exhibit A).
However, this acreage exists in 34 different parcels and different ownership. The largest
parcel, K -Mart, is 12.52 acres. The smallest commercial parcel is .27 acres in area.
The two City Center super blocks are 35.5 acres and 24 acres, respectively. We raise the size
of these areas to emphasize the need for design standards that will allow redevelopment to fit
within these areas and/or on individual lots.
The Codes and Standards Committee has already recommended that the properties east of the
railroad remain zoned CB, Community Business, reflective of the small lots, the automotive
uses in the area, and the recent redevelopment of the Holiday Station site.
VI. Site Access
The primary streets providing access to the City Center are Winnetka Avenue and 42
Avenue, both County roads. Hennepin County will dictate street design and access
management for these streets. This will influence redevelopment with regard to right -of -way
use, setback, access, and public sidewalks.
VII. Transit Oriented Design
The planning and vision anticipates reliance on mass transit for residents living in the City
Center or those who wish to visit the City Center area. While this goal is commendable,
2
the Vision Study gives little information on current bus ridership or anticipated trends in
ridership if the project proceeds. The study does not provide information on what design
elements may improve transit ridership.
VIII. Comprehensive Plan Amendments
The first step in the Vision Plan implementation is a series of Comprehensive Plan
amendments as follows:
Amend the Proposed Land Use Plan (page 195) to show the CC District super block
as mixed land use to facilitate the land use recommendations of the Vision Study (see
Exhibit B).
2. The general land use descriptions of the New Hope Comprehensive Plan include a
mixed use description that is applied to the City Center commercial site (pages 217-
220). The second Comprehensive Plan amendment is to the mixed use land use
description. This amendment formally adopts the Vision Study as an appendix to the
Comprehensive Plan and outlines the Vision Study goals within the Comprehensive
Plan. This amendment also expands the commercial redevelopment target areas to
include the CC District super blocks (see Exhibit C).
3. Planning District 11 of the New Hope Comprehensive Plan provides detailed
planning recommendations for the City Center /42 Avenue corridor. This section
has been amended to include recommendations that are consistent with the Vision
Study goals. Included in the planning district is a Generalized Land Use Plan for
Planning Commission review. The Generalized Land Use Plan is intended to identify
the locations within the City Center where freestanding multiple family residential
land uses may be acceptable (see Exhibit D).
In review of the new Comprehensive Plan language, we ask the Planning
Commission to edit the language to insure that it is comprehensive and reflects the
City's ambitions for the City Center area.
IX. New Hope Design Guidelines
Exhibit F shows the changes to the New Hope Design Guidelines. These changes took the
previous language from the CC District draft ordinance and blended them with the existing
guidelines.
X. City Center Zoning District Revised
Exhibit E is the proposed CC, City Center District language intended to be adopted as
Section 4 -17 of the New Hope Zoning Ordinance. This draft shows the proposed changes
through strikes and underlines.
A. Purpose and Intent
No changes are proposed. This section of the district outlines the goals and objectives of
the Vision Study. Provision 10 references the design elements of the Vision Study,
Comprehensive Plan, and New Hope Design Guidelines.
B. Procedure
No changes are proposed. Projects may pursue redevelopment through a standard site
and building plan review or through a planned unit development. In either scenario, the
City will require the site plan to consider how it may be integrated with adjoining
properties and streets.
C. Design Standards
This section was added to specifically call out the need for future projects to be consistent
with the Comprehensive Plan recommendations and the New Hope Design Guidelines.
D. Uses
Page 16 of the City Center Vision Plan identifies 42" Avenue and Winnetka commercial
core as intended to include a diverse mix of commercial use, office, restaurants to serve
City residents and neighboring surrounding communities. Mix of housing types, both
within the City Center and surrounding neighborhoods, is encouraged. The intent is to
create a vibrant destination in New Hope for dining, shopping, entertainment, regular
exercise, or leisurely strolls.
With this intent, the range of uses should be limited to those that promote, implement and
complement this vision. The matrix of uses has been scaled down through City review,
however in examining the current matrix, we are proposing to remove the biotechnology
and research, medical, dental, optical laboratories, and conditional use permit home
+i t tdon w hether th o re sear ch that may fall into this broad land
occupa �V a queJLlVa1 Y1�lav Laavl Llle ran t y vi re sear ch -
use categories will be compatible with a dense residential environment. Additionally, we
do not believe the two uses would contribute to the commercial accumulative attraction
wanted within the City Center. The research facilities are allowed in other New Hope
zoning districts.
We are also suggesting that the following uses be listed as permitted uses rather than
conditional uses:
• Conference Center
• Printing, Publishing, and Engraving under 2,000 square feet
• Theater
E. Administrative Uses
4
We have combined farmers markets and outdoor seasonal sales under the same
permit.
2. We have eliminated conditional use home occupations from the CC District.
Within this district, the City allows mixed commercial residential buildings and
live/work units. With this accommodation, the conditional use home occupation
is not necessary.
Outdoor dining has combined both patio and rooftop dining.
F. Conditional Uses
1. Freestanding Multiple Family. Per the directive of the Planning Commission, we
have included a location limitation for freestanding multiple family as a condition
of the conditional use permit. This was done to preserve the Winnetka/42 °a
Avenue corridors for first floor commercial. Please review the Planning District
11 land use map in Exhibit D to insure it meets the City's expectations with
regard to location for freestanding multiple family.
2. Live/Work Buildinsz This section was revised to address the following:
a. Provide an introduction to define the live /work unit.
b. We have attempted to define first floor walk -in customer businesses and
upper floor appointment -only customer businesses.
C. We provided an exception for number of employees for first floor
live /work units.
d. We addressed parking for the live /work unit.
3. Senior Housing. Senior housing was amended to include a location standard.
4. Day Care Provisions were amended to remove the reference to outdoor
recreation area. Within the CC District, outdoor space will be scarce. As such,
indoor recreation options will be considered.
Veterinary Clinic. The veterinary clinic conditional use permit standards are
intended to insure compatibility within a multi -tenant building.
G. Bulk, Building Placement Dimensional Standards
We haven't changed the standards in Table 4- 17(e)(1) related to lot size, building height
or setbacks. However, we did establish some new rules for applying build to range.
Section 4- 17(e)(1) requires the placement of buildings to follow the build to range on the
corners lots of public streets. This will place the buildings are predominant
in
within the City Center and establish the streetscape for the various blocks. On interior
lots, the build to line will be the side of the lot abutting a street.
H. Architectural Standards
We are proposing to relocate the architectural standards of the CC District into the New
Hope Design Guidelines. As guidelines, the City may be flexible in their
implementation. As a zoning regulation, a variance would have to be processed if the
project does not meet the standards.
I. Parking
The minimum parking ratio is dependent on the use of alternative transportation (i.e.,
trails, mass transit) or the availability of alternative parking. With no master plan or
information on transit ridership, the minimum parking ratio for residential properties is a
concern. The Broadway Apartments has a similar transit availability and is closer to the
Bottineau line and we pushed this project to 2+ stalls per unit.
The parking demand for dining and entertainment creates a higher parking demand than
retail, as is evidenced when comparing the City Center Shopping Center to Winnetka
Shopping Center or Midland Center. In this respect, if the CC District is intended to be a
destination for dining and entertainment, the City must provide adequate parking.
The City may consider a multi -tenant building where the tenant composition is
uncertain, having a higher parking standard to allow for tenant turnover and to
compensate for dining establishments.
2. The criteria in Table 4- 17(f)(2) to allow parking below the minimum ratio should
instead be applied to allow reduction to the minimum parking ratio. Currently,
the minimum ratio is less than half the maximum ratio without any standards to
qualify for this reduction.
I Pedestrian and Bicycle Access
The Planning Commission felt that the ratio of one bicycle parking spot per 20 cars was
excessive for larger buildings. Table 4- 17(g)(3) was added with a graduated standard
based on building size. The following shows bike parking for various building sizes:
Parking Bike Parking
180 stalls T 20 = 9 spaces
270 stalls— 30 = 9 spaces
360 stalls- 30 = 12 spaces
450 stalls - 40 = 12 spaces
D
Parking
Building Size
Ratio
40,000 X.9 =
36,000
- 200 =
60,000 X .9 =
54,000
- 200 =
80,000 X.9 =
72,000
_ 200 =
100,000 X.9 =
90,000
- 200 =
Parking Bike Parking
180 stalls T 20 = 9 spaces
270 stalls— 30 = 9 spaces
360 stalls- 30 = 12 spaces
450 stalls - 40 = 12 spaces
D
The Planning Commission should discuss the bike parking to determine if we should
require a higher standard for bike parking. Section 4- 17(h), pedestrian and bicycle
access, was moved forward in the ordinance.
K. Loading
The loading requirements reference current standards.
L. Usable Open Space
We propose no changes to Section 4- 17(k), usable open space.
M. Landscaping
Section 4 -17(1) was amended to reduce the amount of foundation plantings.
N. Sings, Banners and Pennants
We propose no changes to Section 4- 17(m).
O. Trash Enclosures
We reference the City current enclosure language.
XI. Summary
The preparation of the CC District is a challenge in defining the City's design goals, while
still providing flexibility for developers to be creative. The draft CC, City Center District
has been revised to define uses, density, setbacks, and parking regulations that the City
wants as hard and fast regulations. The Comprehensive Plan amendments and Design
Guidelines outline the City Center vision and ambitions but offer flexibility in the
implementation.
XII. Recommendation
Comprehensive Plan Amendments:
Staff recommends approval of the Comprehensive Plan amendments, including:
1. An amendment to the Proposed Land Use Plan (page 195) to show the City Center District
super block as mixed land use to facilitate the land use recommendations of the Vision
Study (see Exhibit B).
7
2. An amendment to the mixed use land use description (pages 217 -219) to formally adopt the
Vision Study as an appendix to the Comprehensive Plan and outline the Vision Study goals
within the Comprehensive Plan; and an amendment expanding the Commercial
Redevelopment Target Area map (page 219) to include the City Center District super blocks
(see Exhibit Q.
An amendment to Planning District 11 language (pages 301 -303) to include
recommendations that are consistent with the Vision Study goals; and amendments to the
Planning District 11 Generalized Land Use Plan (page 283).
4. Updates to the New Hope Design Guidelines, as illustrated in Exhibit F, which take the
language from the City Center District draft ordinance and blend them with the existing
design guidelines.
New Hope Zoning Ordinance Amendment:
Staff recommends approval of an amendment to the Zoning Ordinance to include the draft
Section 4 -17 CC, City Center District Ordinance as detailed in Exhibit E.
Attachments:
Exhibit A: New Hope City Center Parcels by Area
Exhibit B: Proposed amendment to the New Hope Proposed Land Use Plan, with mixed land
use designation for the CC District superblock.
Exhibit C: Proposed amendments to the Comprehensive Plan mixed land use description,
and the Commercial Redevelopment Target Areas map.
Exhibit D: Proposed amendments to the Planning District 11 language and Planning District
11 Generalized Land Use Plan.
Exhibit E: Proposed Sec. 4 -17 CC, City Center District Zoning Ordinance.
Exhibit F: Proposed amendments to the New Hope Design Guidelines.
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EXHIBIT B
195
GOLDEN VALLEY
Land Use
In addition to the general commercial land use recommendations, the Land Use Plan calls
for the following changes in commercial land use patterns:
1. The commercial area at the southwest corner of West Broadway and 62 " Avenue is
proposed to be redeveloped as mixed use.
2. Commercial land uses have been expanded along the east side of Winnetka Avenue
just north of Medicine Lake Road to include a non - conforming multiple family site.
This land use change is proposed to establish a contiguous land use pattern along
Winnetka Avenue between Medicine Lake Road and Terra Linda Drive.
3. Commercial land uses have been expanded to two sites located at the comer of
Hillsboro Avenue and Medicine Lake Road.
MIXED USE
The commercial land use description on pages 215 -216 recommends the pursuit of
redevelopment of select City Center commercial sites. Within the City Center area, the
promotion of commercial land uses is the City's first priority. However, the City may also
consider the introduction of complementary, alternative land uses that will enhance the
areas and provide support for the commercial use. Commercial mixed use land use
category maintains the commercial land use as a priority but may also allow for residential
land uses in an integrated site design. Residential densities that may be considered within
a mixed use redevelopment would be medium density housing at 10 units per acre or high
density housing options at 23+ units per acre.
The Gity has not immediate p f9F a mixed land use redevelopment within Gity limits.-
Thor, land use GategeFy gives th Gil, 11 N ixibility te GeRsideF alteMative land uses wheR
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Any fUtUFe GOMPFehensuve Plan amendments to allew a mixed land use feF the Gity GeRteF
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the range of re i deRtial densities that m he allewe.d
In 2011, the City completed the New Hope City Center Vision Studv to define its land use
and design ambitions for the City Center area. This study is adopted as Appendix G to the
New Hope Comprehensive Plan. The Vision Study outlined the following general City
Center goals. The principle and supporting themes for each of the goal statements can be
found in Appendix G, Vision Study of the New Hope Comprehensive Plan
�J City of New Hope Comprehensive Plan Update
�J Development Framework
217
EXHIBIT C
Land Use
1. General Intent. The redevelopment of City Center will strengthen its role as a
vibrant year -round destination that includes retail, commercial, and residential uses.
The government center and parks and recreation areas will reflect the active,
prosperous and friendly character of New Hope.
2. Public and Community Gathering Spaces. City Center will be the cultural and
community center of New Hope. It should be engaging, active, lively and fun.
Residents and visitors will meet at City Center for celebrations, activities, theater,
events and concerts. The public spaces at City Center will support a wide variety of
gatherings from impromptu meetings for coffee taking a stroll, and people
watching to farmer's markets and community -wide celebrations.
3 Businesses. City Center will be the hub of commercial activity in New Hope. It will
serve the community by offering a unique mix of retail, commercial, service, food,
office and recreational needs. The business community will continue to be a strong
component of the City and will play an active role in the community.
4 Housing. New Hope's healthy residential neighborhoods will continue to be one of
the City's greatest assets. The redevelopment of City Center will add diversity and
new neighborhoods to the community and provide an exciting destination for
residents of existing neighborhoods.
5 Transportation. The City will work to increase transportation choices, and create a
multi -modal transportation network that is efficient, safe, sustainable and
comfortable for all. City Center will be the hub of the City's transportation network,
with roadway, transit and trail connections to local neighborhoods, the Bottineau
transit line and other regional facilities. The local transportation system will help
residents employees and business users get to their destinations quickly, while also
allowing those same users to take a relaxed stroll with friends and famil .
6 Environment. The health of the local and regional environment will continue to be
important to the City of New Hope. City Center will provide an opportunity to
implement the City's goals to enhance sustainability and the natural environment.
The design of City Center will encourage walking, biking, and the use of transit. The
buildings in City Center will be designed or retrofitted to reduce the use of energy
and utilize sustainable materials. The Center's landscape will be a signature
element that is attractive and enhances the natural environment.
7 Finances The City will take a lead role in the redevelopment of City Center, and
will seek partnerships with others in the public and private sectors to identify and
focus the resources needed to redevelopment. The City is committed to using all
available tools to secure funds, pursuing partnerships and implementing cost -
effective financing programs to implement the vision and goals for redevelopment.
V�� City of New Hope Comprehensive Plan Update
Development Framework
218
EXHIBIT C
Land Use
8. Government. The City will take the lead role in the redevelopment of City Center to
rejuvenate the area and realize its vision for the future. The City will use a variety of
financial, communication and regulatory tools to guide and support redevelopment,
and develop public/private partnerships that will maximize involvement and
resources. Elected and appointed City officials will champion the vision and work
closely with citizens and property owners to move forward through consensus and
positive action.
Redevelopment will be a maior component to implementing the Vision Study goals. The
following tools will -guide City redevelopment efforts:
1. The principle and supporting themes for the City Center vision (see Appendix G).
2. City Center falls into Planninq District 11 of the New Hope Comprehensive Plan.
This district outlines City recommendations that will guide land use, access and
redevelopment efforts.
3. The New Hope Design Guidelines outline building and site design components that
will be applied to any new development within the City Center area.
4. The City will amend its Zoning Ordinance to create a City Center District that defines
land use, establishes densities, and design standards that will achieve the City
Center vision goals.
COMMERCIAL REDEVELOPMENT
TARGET AREA ACREAGE
Maintenance 3.74 acres
Redevelopment 43 63.76 acres
Maintenance / Redevelopment 15.10 acres
Maintenance includes upkeep, improvements, renovation, or rehabilitation of existing
commercial buildings. No expansion of the existing buildings is anticipated.
Redevelopment of commercial areas is anticipated to achieve between 25 percent to 30
percent building coverage in the City's standard zoning districts. Within the City Center, the
City anticipates a building coverage of 50 percent or greater. ;
FeSUlt
sot- of mem n rri. reail s a 9F ,� OOF r pee
to 596,000 ee�T yi
��,a�,— ef#,oe fl �w� The
identified redevelopment sites are currently active retailing locations. The City has no
definite timeframe for redevelopment.
The City has also identified 15.10 acres of commercial property as Maintenance /
Redevelopment. These sites are a lower priority for the City. The City will emphasize
maintenance until an opportunity arises to promote a larger redevelopment project.
City of New Hove Comprehensive Plan Update
Development Framework
219
EXHIBIT C
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Planning Districts
DISTRICT 11
District 11 has been configured to include the City Center and the commercial corridor
along 42 Avenue. The district extends from Zealand Avenue on the west to Louisiana
Avenue on the east. In addition to the commercial land uses, District 11 includes high
density residential, and public/semi- public land uses. The following recommendations are
offered for District 11.
1. A stated 99al of the -amity 0 6 tg enhance —ands Vitalize the cit reRter as a
Avenue s
�mme + tien_ flyenewe acam downtown Ne w�
• The Gity Gen+ ar ; ;nd A7 , .,..,+ vv. r v - uv - T�Gy0'
b pan d efine d far th e i+ammernial Ia -,c+acn in nie #r n+ 1 1 .The 2011 New Hope City
era c , .... ., . . .,. th -
Center Vision Study calls for the City Center to be a year -round destination that
includes retail, commercial, and residential uses in an urban compact design that
provides attractive living, shopping, dining, and entertainment opportunities to City
residents and visitors. In recognition of this, the fol lowinq strategies have been
identified for District 11:
a. Aggressively pursue the r°n en acguisition and redevelopment of the
Winnetka Center and the Kmart Shopping Center. Undertake efforts to
enhance the physical appearance and tenant composition of the centers to
improve the customer base of this area. A mixed land use that allows for a
combination of commercial office, entertainment, recreational, and medium
to high density residential land uses twill be oeRsideFed in the
redevelopment of the aforementioned sites and the balance of the City
Center area
b. Redevelopment efforts for any of the existing thre shopping vent Fn
aftempt te integrate the site design with adjeffin'Ag ShOPP E;eAteF-S te-
. ' % ID r*
GineSS in4arnhange an d nedeir,n me, t parcels within the
City Center area will require the development of a site master plan that
accomplishes the followina design goals:
1) Work with Hennepin County Highway Department to outline options to
improve pedestrian, bicycle and transit opportunities along Winnetka
Avenue and 42 " Avenue.
2) Work with Metro Transit to identify opportunities to integrate mass
transit into the design of the City Center's super blocks including but
not limited to, bus stops with shelters, segregated bus lanes and park
and ride options.
3) For all City Center redevelopment/develop the Citv will reauire a
master concept plan for the parcel that shows how the site
V%�a City of New Hope Comprehensive Plan Update
301 Development Framework
EXHIBIT D
Planning Districts
development will be integrated with adioinina lots, streets, internal
parking, circulation systems, pedestrian circulation, and landscape.
The master concept plan shall emphasize transportation connections
between lots and shared parking as a means of promoting a unified
design and business interchange within the City Center area.
4) The master plan must examine street patterns, site access, lot
configuration, land use, building location, building orientation, and
parking to insure that redeveloped parcels contribute to unified and
cohesive block design.
C. The 2011 Vision Study calls for a mixture of retail, office, entertainment,
recreational. and residential land uses to be introduced within the Citv Center
with a commercial core around 1/yinnetKa ana 4L" Avenues. i ne Lana use
Plan on page defines the City's intentions. To accommodate the
mixture of land use, the City will develop a new CC, City Center Zoning
District that outlines the range uses and establishes densities and
performance standards unique to this area of New Hope.
d. The Citv Center area is inte nded to have a downtown character with buildin
forward design to de- emphasize parking areas and promote a pedestrian -
friendly environment for both residents and visitors to the area. The building
placement and orientation shall be defined in the CC Zoning District and
illustrated in future master concept plans.
de. The City will premete the set Hope Design Guidelines and
a uniform streetscape design around the City Center and along 42 " Avenue
to establish an attractive commercial identity. The New Hope Design
Guidelines shall be amended to include guidelines for site and building
design unique to the City Center. All future redevelopment and /or
renovations shall implement the New Hope Design Guidelines to improve
building and site aesthetics.
f. The School District bus garage is an unsightly industrial use in close
proximity to the City Center commercial area. The appearance and future
use of the site presents compatibility issues with th th of District 11.
e„
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City of New Hope Comprehensive Plan Update
Development Framework
302
EXHIBIT D
Planning Districts
This block has been included in the 2011 New Hope City Center Vision Study
for potential redevelopment.
eg. The City will pursue redevelopment of marginal commercial sites along 42
Avenue. Two target sites have been initially identified. The first site consists
of two small commercial lots at the southwest corner of 42 Avenue and
Oregon Avenue. The lots are over - utilized, creating operation and aesthetic
problems for the businesses. Redevelopment efforts should attempt to
combine the properties to create a large commercial site. The second site is
located at the northeast corner of 42 Avenue and Nevada. This site is
generally under - utilized and offers opportunity for commercial expansion.
h. The City will pursue the painting and maintenance of the railroad bridge
passing over 42 Avenue and pedestrian railings along 42 Avenue.
2. The Tradewinds Apartments, located north of 45 Avenue, face flooding and settling
problems due to their proximity to the adjoining wetland /ponding area.
Redevelopment efforts for the City Center shall give attention to the Tradewinds
Apartments, including renovating existing buildings, improving stormwater
conditions, and enhancing the site consistent with the New Hope Design Guidelines.
3. The Civic Center Park, outdoor pool, outdoor theater, and governmental buildings
are included in District 11. This area serves as an important element to the City
Center image and as an attraction to the planning district. The City will continue to
monitor and upgrade facilities in Civic Center Park as needs are presented.
Suggestions for this land use area include:
a. Implementation of the Civic Center Park Master Plan.
b. Build a skate park in Civic Center Park.
City of New Hope Comprehensive Plan Update
Development Framework
303
EXHIBIT D
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CITY OF NEW HOPE — DRAFT ZONING ORDINANCE FOR CITY CENTER
DISTRICT
Sec. 4 -17. CC, city center district.
(a) Purpose. The purpose of the CC, City Center district is to encourage a mixture of
residential, commercial, office, and civic uses in the City Center area to enhance
its function as the heart of the community. The district is designed to:
(1) Provide a diversity of housing opportunities and land uses by encouraging
a mix of medium- and high - density residential uses with commercial,
entertainment, employment, and civic uses in vertical (uses located in
separate structures) and horizontal (uses located in the same structure)
mixed use areas;
(2) Increase opportunities for residents to live in close proximity to jobs, non-
residential development and transit connections;
(3) Provide for development that is conveniently and safely accessible by
multiple travel modes including transit, walking and bicycling, and for
people of all levels of mobility;
(4) Require aesthetically pleasing building and site design through the use of
high - quality building materials, landscaping and architectural design;
(5) Encourage a sense of activity and liveliness along front building facades,
public open spaces and sidewalks;
(6) Provide parking in an efficient manner;
(7) Provide public gathering spaces and green spaces;
(8) Encourage appropriate transitions between higher - intensity uses within
commercial and mixed use areas and adjacent lower- density residential
districts;
(9) Encourage sustainable design practices;
(10) Create a unified district and implement the goals outlined in the New
Hope City Center Vision, Comprehensive Plan and New Hope Design
Guidelines.
(b) Procedure. All developments, except for improvements to existing buildings,
must be completed through the Site Plan Review process, as outlined in Section 4-
35 of the Zoning Ordinance. The Planned Unit Development (PUD) process can
EXHIBIT E
be applied, at the request of the property owner, to provide flexibility in the
planning process as outlined in Section 4 -34.
(c) Design standards
(1) In addition to the design and performance standards of the New Hope Zoning
Code. all development and redevelopment shall be consistent with the New
Hope Comprehensive Plan and the New Hope Design Guidelines.
(d) Uses, CC. The following table indicates permitted, conditional, temporary, and
administrative uses in the CC district:
TABLE 4 -17 ed -1
USE
Permitted
I Conditional
I Temporary
Admin
Residential
Use!
Multi- family housing (10 -50 units per acre,
C
Live -work building
C
Mixed -use, residential and commercial
P
PUD, residential
C
Residential care facility 7 -16 persons)
C
Licensed day care facility
C
Senior /disabled housing
C
Civic and Public
Use
Community centers
P
Government buildings
P
Essential services
P
Farmers' markets, festivals
T
A
Park and ride facility, structured
P
Public parks and playgrounds
I P
Recreation facilities public
P
Commercial
Use
i
Appliance and furniture Sales - <10 SF
P
G
Clinic
P
Conference center
P
G
Da care and adult daycare
C
Financial services
P
Grocery supermarkets
P
Hos itali business
P
Hotel
P
Internet publishing, broadcasting
P
Office business
P
Personal service businesses
P
EXHIBIT E
Printing, publishing, engraving, uadeP4,4)W
P
G
PUD Commercial
C
Recreational business, under 10,000 SF
P
Recreational business, over 10,000 SF
C
E
Restaurant bakery coffee shop
P
Retail business
P
Service business
P
Structured parking facility
P
Studios — dance, health, art
P
Theatre
G
Training and trade school
P
Veterinary Clinic
C
Accessor . Use
Auto parking
P
Drive -thru service lane
A
Entertainment, live, as accessory to restaurant
C
Home occupations, permitted
P
E
A
Newsstand
P
Off - street loading
P
Open/outdoor sales, seasonal products
T
A
Outdoor dining, patio
A
Outdoor dining, rooftop
A
Radio and television receiving antennas
P
(1) Administrative uses. Administrative uses listed in Table 4- 17(c) -1 are
subject to the following administrative use provisions:
a. Farmers markets', festivals & open outdoor sales — seasonal
products
1. No such permit shall be approved between the months of
November and April.
2. Hours of operation shall be limited to the hours between
6:00 a.m. and 9:00 p.m.
3. The site plan must clearly demonstrate that adequate
parking for the proposed event can be provided for the
permit's duration without reducing the parking
requirements of the principal use below minimum parking
standards of this Code.
EXHIBIT E
4. Signage for the sales operation may be counted separate
from the maximum allowed for the principal use otherwise
occupying the site. However, this waiver shall be limited to a
maximum of two signs per site not to exceed a total
combined area of 64 square feet of signage and one sign per
individual vendor at a site, not to exceed a total area of 10
square feet of signage.
5. Any use of an outdoor sound system in any connection with
farmers market shall not exceed fifty -five decibels at the
property line.
6. Farmer's markets, festivals & open outdoor sales are
otherwise subiect to the detailed permit requirements of
Chapter S of this Code.
b. Drive - through service lanes. A drive- through service lane accessory
to any permitted or conditionally permitted business or use shall be
allowed only if the following additional criteria are satisfied:
1. Stacking. Not less than 100 feet of segregated automobile
stacking must be provided for the single service lane. Where
multiple ser0ce lanes are provided, the minimum
automobile stacking may be reduced to 60 feet per lane. No
part of the public street or boulevard may be used for
stacking of automobiles. This amount may be adjusted,
higher or lower, if peak average monthly volume for the
business (or similar businesses) shows a need for a different
amount of queuing spaces.
2. Noise. Loudspeakers shall not exceed fifty -five decibels at
property lines.
3. Drive -up facilities shall be designed so that circulation and
drive -up windows are not adjacent to sidewalks, outdoor
dining spaces, parks, and public open space or between
buildings and the street, .
In situations where drive - through lanes must be located
between the building and the street, then additional
screening and landscaping will be required.
4. No more than two drive - through stations are permitted.
4
EXHIBIT E
5.
pedestrian routes through paFking lots shaU be eleaF1
(Moved to "Vehicle and bicycle parking requirements ")
6. Pedestrian crossings of drive - through lanes shall be clearly
marked with crosswalk paint, signs, raised crosswalks, and
other visual cues that alert drivers to the crossing. Likewise,
signs and other visual cues shall be provided to alert
pedestrians of the crossing.
c. Home occupations, permitted andgendiflonally peFmifted,
accessory per subsection 4- 3(g)(3) of this Code.
d. ,
(Combined with "AdW ni4trative uses -- farmers markets ")
e. Outdoor dining - die .
1. The applicant shall be required to submit a site plan and
other pertinent information demonstrating the location and
type of all tables, refuse receptacles, and wait stations.
2. The size of the dining area is restricted to 30 percent of the
total customer floor area within the principal structure.
3. The dining area is screened from view from adjacent
residential uses in accordance with subsection 4- 3(d)(3) of
this Code.
4. `The applicant demonstrates that pedestrian circulation is
not disrupted as a result of the outdoor dining area by
providing the following:
a. It is encouraged that outdoor dining areas be
segregated from through pedestrian circulation by
means of temporary fencing, bollards, ropes,
plantings, or other methods.
b. Minimum clear passage zone for pedestrians at the
perimeter of the restaurant shall be at least five feet
without interference from parked motor vehicles,
bollards, trees, tree gates, curbs, stairways, trash
receptacles, street lights, parking meters, or the like.
5
EXHIBIT E
c. Overstory canopy of trees, umbrellas or other
structures extending into the pedestrian clear
passage zone or pedestrian aisle shall have a
minimum clearance of seven feet above sidewalk.
5. The dining area is surfaced with concrete, bituminous or
decorative pavers or may consist of a deck with wood or
other flooring material that provides a clean, attractive, and
functional surface.
6. A minimum width of 36 inches shall be provided within
aisles of the outdoor dining area.
7. Outdoor furniture shall be stored inside or secured after
normal operating hours. Any storage of furniture shall not
be permitted on the patio between December 1 and
February 28. Sidewalk furniture that is immovable or
permanently fixed or attached to the sidewalk shall not be
subject to the storage prohibition of this section.
8. Additional off - street parking shall be required pursuant to
the requirements set forth in subsection 4 -17(f) of this Code
based on the additional seating area provided by the
outdoor dining area.
9. Rooftop dining shall meet the following additional
requirements:
a. Provide permanent walls or fencing around the
Periphery of the dining area at a minimum height of 42
inches to ensure the safety persons /property
I
. Any permanent structures, including divider walls, trellis
work, etc. be included as part of the building upon which
they are located and are subject to the building height
limitations as specified in subsection 4 -17(d) of this Code.
c. The submitted plans for a rooftop dining facility as well as
the building upon which the proposed outdoor dining is to
occur is subject to review by the city building inspector. The
inspector will determine whether the building is structurally
capable of handling the additional weight of persons and
equipment.
6
EXHIBIT E
2. Any
str-ueter-es, ineluding di-Ader-
permanent
walls, trellis
work, ete. be ineluded
they are loeated
limitations spe effied
as the building
part of
and are to the
upen whieh
building height
4 7(d) a th • C o d e.
subjeet
in e
see u btio.,
l 1
(2) Conditional uses. Conditional uses listed in Table 4- 17(c) -1 are subject to
the following conditional use permit provisions:
a. Freesta Multi - family housing.
1. Sha!! be located according to the Planning District 11 Land Use
tiTew Hi► Comprehensive Plan.
vidp in tb
_. _2. ShaJ1 _meet all other requirements of the New Hope City Code
__ and District 11 of the Comprehensive Plan.
b. Live -work building. A building which contains a live -work unit,
a single unit (e.a. studio. loft, one bedroom) consisting of both a
commercial/office and a residential component that is occupied by
the same resident.
Businesses that serve high walk -in customer volumes
(including retail, recreation, restaurant, onsite service
businesses, entertainment) shall geneFfilly
be located on the first floor for accessibility. Offiee -en sto"
upper- flOOFS or- basements-.
EXHIBIT E
2. Businesses consisting of offices, small service establishments,
home crafts which are typically considered accessory to a
dwelling unit or limited retailing associated with fine arts,
crafts or personal services where customer service is on an
appointment only basis shall be located on upper floors or
basements.
3. The dwelling unit component shall maintain a separate
entrance however connections between living and working
areas will be allowed.
3. The bus*
the
building
may
inelude offlees-,
. ment
of
retailing assiebe—i-Ated- m4th
fine arts,
7 eF
personal
lieense,
4. The business of the live -work unit must be conducted by a
person who resides in the dwelling unit. The business shall
not employ more than two (2) workers on -site at any one
time who live outside of the live -work unit. An exception to
the aforementioned emplovee number will be granted for first
floor bus wn a separate exterior customer entrance.
All buildings that permit live -work units shall adopt rules to
regulate their operations in order to ensure that live -work
units function harmoniously with other living units within
the building.
6. Jhe number of parking spaces for live -work buildings will be
based on the square footage of both residential and commercial
independently, and according to the requirements of Table 4 -17
(g) —1 ..
Irc. PUD, residential. Residential planned unit developments and
townhomes as regulated by section 4 -34 of this Code.
e d. Group care facility. A state licensed facility serving seven or more
persons.
8
EXHIBIT E
1. The f f •i
J , 320 v u ■rf Jaarairesr
type use or- ear-e faeilky.
2,1. The entrance of the facility is located within 400 feet of a
public transit route and stop, and pedestrian access is
available, or the operators provide a transportation/access
plan which is found acceptable by the city council.
e. Senior /disabled housing. Senior housing provided that:
1. Age limit. Within a senior housing facility, 80 percent of the
dwelling units must be occupied by at least one person of the
age of 55 years or older.
2. Public transit. The site of the main entrance of the principal
use is served or is located within 500 feet of regular transit
service.
3. Elevators. Elevator service is provided to each floor level.
4. Open- &:<'r, tion space. 20 percent of the gross lot area shall
be maintained for passive or active recreational use, and this
may be comprised of either indoor or outdoor recreational
space.
46. Location. If it is freestanding residential use it shall meet
ti ke locational criteria outlined in Planning District 11 of the
Comprehensive Plan.
h Daycare and adult daycare, commercial. A day care facility (as
defined in subsection 4 -2(b)) and /or an adult day care (as defined in
subsection 4 -2(b)) serving 13 or more people provided that:
EXHIBIT E
1. The design and location of the facility drop off area shall not
interfere with internal site circulation.
2. Off - street loading. The loading area size may be reduced or
the requirement waived if the site cannot physically
accommodate a loading berth to the size required. All
deliveries must be received at times that will not conflict
with customer or employee building access or peak parking
demand.
3. Ouleer- R ecreation area. Outdoor Areas for active or
passive recreation shall be provided in compliance with the
following requirements:
a. Each facility shall provide a minimum of 1,500
square feet of eutdoer-recreation area and must have
75 square feet of outdoor- recreation area per person
within the out doer-recreation area at any given time.
The eutdoee- recreation area may be reduced for
adult day care if the applicant can demonstrate that
limited client mobility warrants a reduction of the
outdoor-recreation area.
b. The outdoor- recreation area shall be located in a side
or rear ,yard, shall be subject to accessory building
setbacks, and shall be fully enclosed and delineated
via fencing and landscaping in accordance with
subsection 4 -3(d) of this Code.
c. No more than 75 percent of the outdoor recreation
area shall be covered with an impervious surface.
The surfacing material shall be subject to the
approval of the city engineer. The remaining 25
percent of the outdoor- recreation area shall be green
space and shall be planted with grass or sod and
landscaped.
h Printing, publishing, engra-Ang, under 2,000 square feet
fig. PUD, Commercial. Commercial planned unit development as
regulated by section 4 -34
10
EXHIBIT E
#:h. Recreational business. Recreational business facilities exceeding
10,000 square feet in area, provided that:
1. Aeees� Location. The site of the proposed use has diFee
moo- abuts a minor arterial street as defined in the New
Hope Comprehensive Plan seetion 43 2 of this Code %4thout
2. Compatibility. The primary recreational facilities are
enclosed such that the architectural appearance and
functional plan of the building and site shall Abe so
dissimilar- similar to the existing buildings or areas as to
blighting . and shall meet the ar chitectural guidelines
of the New Hoge. Design Guidelines.
3. Access. Vehicular access points shall be limited and designed
and constructed to create a minimum of conflict with
through traffic movement be tween adjoining lots or onto
public str eets.
hi. Theatre
M.:i. Veterinary care.
OutdooF kennels shall be prohibited.
1_ No bo or kenneling of animals for longer than a period of
- twenty four (24, ) hours.
2, A ll activity s hall be within a completely enclosed building or
tenant bay with sound proofing and odor control.
3. Applicant shall provide a plan for waste disposal, for both
animals and medical waste.
4. Outdoor activities shall be prohibited in the City Center District.
*:k. Entertainment, live, as accessory to restaurant
1. Buildings shall be designed and constructed in a manner that
11
EXHIBIT E
sound proofs the building or tenant bay so that adjoining
properties are not subject to nuisance, noise or vibrations.
T Temporary
listed in Table A 17( 1 .. ,.1. eet to
(3) uges.
Farmers'
u
a. markets
b. OpeWoutdooF sales, seasonal pr-eduets
(e) Bulk, building placement and dimensional standards. The following requirements
shall be observed in the CC zoning district, subject to additional requirements,
exception and modification set forth in this Code:
TABLE 4- 17(de)-1
Lot Standards
Minimum lot area
All uses
No minimum
Minimum lot width
All uses
No minimum
Structure Heights
Maximum height
Principal building
'72 feet
Accessory building
20 feet
Structure Setback
Street side build -to range
All uses
10 -25 feet
Side yard setback
Uses adjacent to non-
residential or multi- family
uses or districts
5 feet
Uses adjacent to single-
family residential uses or
districts
20 feet
Corner, local or arterial
street
10 feet
Rear yard setback
Uses adjacent to non-
residential or multi- family
uses or districts
10 feet
12
EXHIBIT E
(1) The st side shall be deter t i.,. the . aF d f , in th ,..,;.,,
street. The pr-ima" street is defined as the street as outfined in the
,
plan. City Center- Gelleetor-. Streets in the eity eeateF distAet are to-be
(1) Street Side Build -to Range.
A._t_xistm building; ) n the C C:.Di�tri ct are e from the build -to range
re uircn
b Buildings on comer lots will meet the build -to rani?e on both streets
tfi abut
c. Bu ildings on inte rnal lots will meet the build -to range of streets on
which th ey have d irect fron tage.
d,_ Patios, o seating areas, or usable open space integrated with a
building des itm may exem t a Rortion of the building from the build -to
rang rn ovide a connection between public sidewalks and
intern buildings, sidewalks, parkiniz areas, or usable open space is
_ provid
(2) Residential Density. The maximum residential density is 50 units per net
acre. Maximum densities may be increased by up to 25 percent if two of
the following amenities are provided and up to 50 percent if four or more
of the following amenities are provided:
a. At least 80 percent of the required parking is provided in under-
ground or above - ground structures, including all levels of parking
ramps.
b. Housing is provided above ground floor commercial or civic uses
and the total floor area of the housing is at least twice the floor area
of the commercial and/or civic uses.
13
EXHIBIT E
Uses adjacent to single-
family residential uses or
districts
20 feet
Floor .Area Ratio (FAR)
Minimum Net FAR
All uses, except civic
0.5 FAR
Minimum Net FAR
Civic uses
None
Breen Space
Minimum green space
Residential
10 percent
Commercial, mixed use
5 percent
(1) The st side shall be deter t i.,. the . aF d f , in th ,..,;.,,
street. The pr-ima" street is defined as the street as outfined in the
,
plan. City Center- Gelleetor-. Streets in the eity eeateF distAet are to-be
(1) Street Side Build -to Range.
A._t_xistm building; ) n the C C:.Di�tri ct are e from the build -to range
re uircn
b Buildings on comer lots will meet the build -to rani?e on both streets
tfi abut
c. Bu ildings on inte rnal lots will meet the build -to range of streets on
which th ey have d irect fron tage.
d,_ Patios, o seating areas, or usable open space integrated with a
building des itm may exem t a Rortion of the building from the build -to
rang rn ovide a connection between public sidewalks and
intern buildings, sidewalks, parkiniz areas, or usable open space is
_ provid
(2) Residential Density. The maximum residential density is 50 units per net
acre. Maximum densities may be increased by up to 25 percent if two of
the following amenities are provided and up to 50 percent if four or more
of the following amenities are provided:
a. At least 80 percent of the required parking is provided in under-
ground or above - ground structures, including all levels of parking
ramps.
b. Housing is provided above ground floor commercial or civic uses
and the total floor area of the housing is at least twice the floor area
of the commercial and/or civic uses.
13
EXHIBIT E
c. Buildings are placed at or near the street right -of -way and off -
street parking is screened from public right -of -way by buildings.
d. At least 50 percent of the building ground coverage is concentrated
in structures of four or more stories in height, thereby conserving
open space within the development site.
e. Durable exterior wall finishes consisting of glass, brick, stone or
stucco on 80 percent of the wall face.
f. Indoor recreation and social rooms equal to a minimum of 25
square feet per unit or 750 square feet total, whichever is greater.
g. Rooftop outdoor recreational facilities such as swimming pools,
porches, tennis courts, gardens or similar facilities equal to a
minimum of 25 square feet per unit or 750 square feet total,
whichever is greater.
h. Transit service available within 300 feet of entrance.
i, The site ca pr ovide parking p er se ction 4- 17 -(g) of thi4 Ordinance to
address the uddd density.
(3) In cases of double frontage lots, buildings . may choose to
the street, but buildings are permitted to follow the st:Feet
cl-tn >vi cb they anphv We build -to r-equir-ements on both . rg?ae•
(4) All above - ground utility structures associated with electric, natural gas,
telecommunications, cable television distribution lines, pipes, conduits, or
other public utilities shall be located behind the minimum setback unless
otherwise approved as part of the site plan approval. This applies to air
vents, utility boxes, and back -flow preventers.
(5) Driveways may cross the street side setback, but shall be perpendicular to
the street for pedestrian safety and to minimize the intrusion into any
landscaped area.
(6) Plazas, patios o utdoor dining or usable open space may encroach into required
y:-t backs prov id ed it does not encumber public or private sidewalks, streets, or
parki areas.
(� Architectural. standards
(1) Building entr-anees and or-lentatiom
a. When a lot abuts a publie street Aghtre&way, open spaee sy
eonneetion shall be pro-Aded to eonneet the building to
pedestAnn zone.
(Moved to "Pedestrian and bicycle access ")
b. t
* 1. ll b 1 1 ibl d id en tifiable f of t .. .tree
r �rrranccS�■ :a :: v c c :2u =r'�' � Fsiza arvraz the
a nd d m 4th e sme F ov erhafigS soil
entries, landseaping OF similar- design featur-
(Moved to New Hope Design Guidelines p. 8 "Entries ")
14
EXHIBIT E
3.
AR non residential buildings fronting the pr-imar-y street or- publie-
open spsee shall be designed so that the fiFst floor- street fagade e
the building(s) along all streets inelude elears glass m4ndow and
dooFs to er-eate pedestrian hiter-est. These openings shall he
— -d so that the uses away. from and to the stFeet on at
least 30 peFeent of the length and at least 20 peFeent of the aFea of
the first ooF street level fagade fr-onta At least 50 per-eent of t
vAndows shall have the lower- sill vAthin thme feet of the gr-ade.
(Moved to New Hope Design Guidelines p. 7 "Transparency:
Window & Door Openings")
i4-U. , bididings shall be designed so that the fi
the u.. -.. .._ e . _.._..._e __ v___ and/ OF wvvvv..aVae to the street VL aai aV{LV4
25 per-eent of the length of the first floor- street frontage.-
(Moved to New Hope Design Guidelines p. 7 "Transparency:
Window & Door Openings ")
c. WWth. A building more than 45 feet in width shall be diAded4*to
iner-ements of no more than 20 feet thr-ough aFfieulation of the
fagade h e F th
€fig.
Moved to Neva Hope Design Guideline` p. 5 "Facades ")
d. Canepi f 7
permitted on exterior- building walls. Sueh featur-es shaR-be
eenstmeted of i designed aaaPaeuaeaac
the streetseape of the aFea. Any sueb feature may e*tend from the
building no more than four- feet. in ne histanee shfAl sueh feStffFe
e*tend over- or- inteFfer-e PA4th the growth or- maintenenee of any
eight feet. Gr-ound supports for- these features aFe not permitted in
the sidewalk or- pubhe right of . (Moved to New Hope Design
Guidelines p. 5 "Facades ")
15
EXHIBIT E
3. Stffebonts diAsion
the b ld;ng
palette;
f aee i n t o di s ti ne
7
4. Roof lines
of
lines
varied
stepped roof gables
5. AFflefflatiOR inteFVal
r-oof
oF ..&
m4th atteMfiflng
0 f e 4 e
::: L 4S.
,
bays, vAndow
equal to the fiFfieUlfifi0ft
inteFyah
f
f
f
d. Canepi f 7
permitted on exterior- building walls. Sueh featur-es shaR-be
eenstmeted of i designed aaaPaeuaeaac
the streetseape of the aFea. Any sueb feature may e*tend from the
building no more than four- feet. in ne histanee shfAl sueh feStffFe
e*tend over- or- inteFfer-e PA4th the growth or- maintenenee of any
eight feet. Gr-ound supports for- these features aFe not permitted in
the sidewalk or- pubhe right of . (Moved to New Hope Design
Guidelines p. 5 "Facades ")
15
EXHIBIT E
+TL. Baleenies may pmjeet up to five feet oveF the st-Feet side or- si
(Moved to New Hope Design Guidelines p. 5 "Facades ")
(3)
(Moved to New Hope Design Guidelines p.10 "Building Materials
& Colors ")
building, eyeept for- the seFAee side, must be br-iek, stone,
{� (1) Architectural design guidelines for the City Cemc r District have been incorporated
into the New Hope Design Guide1 Appendix E of ti Comprehensive Plan, and
shall be referenced in the cour . of future development or re development in the CC
District.
(�}(2) - Alternative Designs or Materials. To encourage creativity imagination,
innovation, and variety in architectural design. the planning commission may
recommend modifications of the requirements of this n the Nc�\, Hope Design
Guidelines and the city council may approve such modifications upon determining
that the proposed architectural design or exterior facades materials meet all of the
following conditions:
a. The proposed design or material is consistent with the purposes of this section.
b. The proposed design or material v =ould. enhance the architectural appearance of
the building and would be equal or superior to designs or materials permitted by
this section.
c. The proposed design or material would be in harmony with the character of
adjacent buildings and the surrounding district.
d. Strict adherence to the requirements of this section would result in reduced
functionality, operation, or .safety of the site and/or building.
(g) Vehicle and bicycle parking requirements. For purposes of this section, new uses
within the CC district shall be required to meet the minimum /maximum parking
spaces as shown in the following chart. All square footage is measured as `gross
footage.'
Table 4- 17( €g)-1
Off - Street Parking Ratios
Land Use
Unit
Minimum Ratio
Maximum Ratio
Residential
Per housing unit
1, plus 10% for
guest parking
2.5, plus 10% for
guest parking
Commercial retail
Square feet
1 per 400 SF
1 per 200 SF
16
EXHIBIT E
Commercial service
Square feet
1 per 400 SF
1 per 200 SF
Commercial office
Square feet
1 per 400 SF
1 per 300 SF
Restaurant
Square feet
1 per 200 SF
1 per 75 SF
Restaurant, on -sale
Square feet
1 per 100 SF
1 per 50 SF
liquor
Hotel or motel
Per room
.75, plus 10% for
1.5, plus 10% for
guests and staff
guests and staff
Clinic
Square feet
1 per 300 SF
1 per 100 SF
Community center,
Square feet
1 per 400 SF
1 per 200 SF
Conference center,
library, health club,
museum
Theatre
Per seat
.167 (1 per 6
.333 (1 per 3
seats), plus 5% for
seats), plus 10%
staff
for staff
Multi -tenant commercia
Suu feet
4 per 1000 SF
5 per 1000 SF
building (shopping
center
(1) The required/permitted number of parking spaces of any building within
the CC District, including mixed -use buildings, shall be the sum total of
the requirements for each use in the building.
(2) The Parking Maximums shall be ap 1p ied
to all proiects, except a reduction dow to the minimum narking ratio may
be applied under the following circumstances, if one or more of the
following is provided:
Table 4- 17( €g) -2
Parking Minimums
I �
17
EXHIBIT E
Provision
Adjustment
Principle use is located within 800 feet of a parking
25 percent
facility with public spaces available to the general public
reduction
or within 800 feet of a public transit park and ride facility
20 percent increase
with an approved joint -use agreement
10 percent increase
Shared parking areas between abutting uses
10 percent
Combining or interconnecting adjacent parking lots and
pedestrian access points
reduction
Payment in lieu of parking provided for use of existing
Per stall reduction
municipal parking stall
A reduction in the required number of parking stalls may
Negotiated
also be permitted if evidence is provided demonsttating
reduction
that the parking requirements of the proposed use will be
less than the number of parking stalls required above
during the peak demand period, based on factors such as
number of employees, type of use, projected volume of
customer traffic, etc.
(3) Parking maximums may be exceeded under the following circumstances, if
one ar mnre of the following is provided:
Table 4- 17( €g))-2
Parking Maximums
Provision
Adjustment
Structured above- ground or uncl.er- ground parking is
provided on site
25 percent increase
Shared parking agreement is executed
20 percent increase
All parking spaces are located behind the building and
are not visible from the public right -of -way
10 percent increase
Driveways and access points are shared by at least two
adjacent properties
10 percent increase
Combining or interconnecting adjacent parking lots and
pedestrian access points
10 percent increase
18
EXHIBIT E
(4) In no case shall the cumulative increase or decrease in parking exceed 25
percent.
(5) The off - street parking dimensional standards shall conform to the general
requirements for off - street parking located in Section 4 -3(e) of this Code.
(6) No surface parking or maneuvering space shall be permitted within a
required setback as outlined in Section 4 -3(e) or between the primary
structure and the abutting street side lot line, except that driveways
providing access to the parking area may be installed across these areas.
(7) No surface parking shall be located on c6rner lots at the point of street
intersections.
(8) Parking and loading facilities, and ill other areas upon which motor
vehicles may be located fronting along a public street, public sidewalk or
public pathway may be provided if the following standards are met:
a. A landscaped yard at least seven feet wide. shall be provided along
the public street, sidewalk or pathway, except where a greater yard
is required. If a parkinglacility contains over 1.00 parking spaces,
the minimum required landscaped yard shall be increased to ten
feet in width. * ==
b. Screening consisting of either a masonry wall, fence, or hedge, or
combination thereof that forms a screen three feet in height and not
less than 60 percent opaque shall be .provided, except that where
areas are devoted principally to the parking or loading of trucks or
commercial vehicles of more than 15 pounds screening six feet
in height and not less than 60 percent opaque shall be required.
c. Not less, than one tree shall be provided for each 20 linear feet or
fraction thereof of parking or loading area lot frontage.
d. Total parking or loading area lot frontage shall not exceed 100
linear feet along a public street, public sidewalk or public pathway.
149) On- street parking spaces located along the portions of a public
street(s) abutting the use where parking is currently permitted may be
counted toward the minimum number of parking spaces as required by
this section. Those on- street parking spaces must be located on the same
side of the street as the use, have a dimension of at least 20 feet in length,
and be located in areas approved by the city's Public Works Department.
On- street parking directly across the street from the use may be counted if
that parking abuts property that is undevelopable because of physical
constraints.
1�r•.(10) On- street parking shall not be counted in calculating maximum
parking spaces.
x(11) Parking requirements may be met on -site or off -site at a distance of up
to 800 feet from the permitted use. Off -site parking to meet the
requirements of this section may be provided through a lease, subject to
the review and approval of the city.
19
EXHIBIT E
W-412) Parking that is located to the rear of the primary structure may extend
the entire width of the lot, with the exception of any required screening or
landscaped areas. Shared parking shall be permitted and encouraged.
x413) The following bicycle parking requirements will be applied:
r y
par-Wag stalls, whieheveF is greater-. Bieyele par-ldog must be provided
,Arith -Aew of eaek business front entr-anee Adjoining businesses ma
Table 4 -17 (g)- 3
Bicycle Parking
Building area
Up to 40,000
40,001 — 80,000
80.001 or more
(square feet)
Bike parking/auto
1 bike stall/
1 bike stall'
1 bike stall.'
parking ratio
20 car stalls
30 car stalls
40 car stalls
Minimum bike stalls (if
# is greater than bike
4 bike stalls
park ratio)
A(14) All parking areas for more than ten motorized vehicles, except for
parking areas for townhouse dwellings on a single lot, shall provide
screening. If a wall is provided, then the area devoted to the wall shall be
wide enough to allow for its maintenance. The screening may be
eliminated if abutting parking lots are combined or interconnected with
vehicular and pedestrian access.
A1f15) Structured parking, with the exception of civic structured parking,
shall meet the following additional requirements:
e. At least 50 percent of the linear street level frontage of the facility shall
be devoted to retail, office, civic, institutional or residential uses. If
75 percent or more of the linear street frontage is devoted to such
uses, then the total square footage of these uses shall be credited
100 percent toward the required FAR minimums.
f. If retail, office, civic, institutional or residential uses are constructed on
the rear or side of the facility or above the ground floor on the
street frontage of the facility, then the total square footage of these
areas shall be credited 100 percent toward the required FAR
minimums.
C
EXHIBIT E
g. Under - ground parking structures are permitted. Under - ground
parking located in the minimum setback shall be permitted with an
eight foot clearance from the top of the under - ground structure to
the sidewalk, subject to an approved encroachment agreement. No
ventilation shall be permitted in the setback.
h. A minimum nine foot clearance shall be maintained on the first level
and any additional level that provides disabled parking spaces. A
minimum seven -foot clearance shall be maintained throughout the
remainder of the parking deck to ensure the safe movement of vans
and emergency vehicles.
(16) Pedestrian crossing within narking lots and logical pedestrian routes
through parking lots shall be cl early marked with crosswalk tune
design
alt) Pedestrian and bicycle access
(1) Pedestrian access.
a. Connectivity and Circulation i i ses in t he CC district s bal l be integrated
with the surrounding area, eas and hati t: ,, good internal
circulation . k tcm for a variety of travel modes.
1. The u ,�d.atria n sidewalk s .,_st em shall meet the following
standa
a. 1nt€ l Side wa lk connections are required between
build a nd f orn b uildiii s to all on -site facilities such
as bui not Imuted to asarking areas, bicycle facilities, and
open space.
b. Lxteffial Sid ewalk connections are required to provide
dir ect cotmeetions from all buildings on -site to the
exisfiga and required public sidewalk system and to
adjacent tr ails, parks, and greenwUs.
c. All intemal sidewalks shall be finished with a hard
Su rface and maintain an open width of at least five feet.
d. All crosswalks across public or private drives shall be a
minimum of five feet wide and shall be constructed with
a distinctive paving material, as approved by the city.
e. All sidewalks shall be designed for pedestrian movement
and should be unencumbered by objects that would
inhibit pedestrian circulation.
(2) Building entrances and orientation:
a. When a lot abuts a public street ri t -of -way open space system, multi-
use trail, or areenwav a sidewalk connection shall be provided to
connect the building to the pedestrian zone.
6) Loading. Will meet the requirements of Zoning Ordinance Sec 4 -3(f) General
Provisions: Off - Street Loading.
21
EXHIBIT E
4 , Lighting
a. Exterior lighting shall meet the requirements of this Ordinance,
Section 4-d3(5) requirements of the New Hope Design Guidelines
Pertaining to lighting and the following additional requirements:
1. Poles within landscaped areas and plazas shall have a
maximum height of 20 feet, measured from grade, and shall
be coordinated with city standards.
2. Lighting fixtures mounted directly on structures shall be
permitted when utilized to enhance specific architectural
elements or to help establish scale or provide visual interest.
3. Shielded illumination or fixtures shall be permitted to light
building mounted signage, building facades, or pedestrian
arcades if they are integrated into a building's architectural
design.
4. Lighting should highlight entrances, art, terraces, and
special landscape features.
5. Separate pedestrian scale lighting or other low -level
fixtures, such as bollards, shall also be incorporated for all
pedestFian ways through par-ldng lots and drop -off areas at
entrances to buildings.
. • `, or- ramps along pedestrian
r-outes shall be illuminat
b. Light Intensity
6. The following minimum levels of illumination must be
maintained for each of the specific locations within the CC
Dis
Table 4- 17(gi) -1
Locatiou
Minimum Level of
Illumination (foot candles)
Building entrance
50
Sidewalks
2.0
Bikeways
1.0
Courts, plazas and terraces
1.5
Stairways, ramps and
underpasses
5.0
Parking lots
1.0
22
EXHIBIT E
gk} LUseable open space
(1) Useable open space for public congregation and recreational opportunities
shall be required for all new commercial and mixed -use buildings with a gross
floor
area 20,000 square feet and greater. Such buildings must provide useable
open space proportionate to the building square footage according to the
following schedule:
Table 4- 17(h) -1
Gross floor area (GFA)
Useable Open Space Minimum
20,000- 39,999 SF
1 SF per 150 SF GFA
40,000+ SF
1 SF per 100 SF GFA
a. Open space may be located on roofs of buildings or enclosed on the
ground floor. A maximum of 30 percent of the required open space
may be provided on an enclosed ground floor level.
b. All required open space shall be accessible to the users of the
building and shall be improved with seating, plantings, and
amenities, and be visible from the street or pedestrian areas.
c. FAR credits are allowed for all new developments when the
pedestrian space is available for use by the public, including
widened sidewalk areas.
d. To encourage semi - public useable open space and a pedestrian-
friendly atmosphere, useable open space may encroach into the
setbacks under the following circumstances:
1. In the street side yard facing a public street, sidewalk or
pathway;
2. In the side yard facing a public street, sidewalk or pathway;
3. In an interior side yard, setback three feet from the
property line;
4. When adjacent to non - residential zoning district.
a. Genneetk* nod Cir-eulation. Uses in the CC- distr4et shall be
integrated v4th the surrounding area, easily aeeessible� and have a
good internal eir-ealation system for- a -variety of travel modes.
The pedestrian sidewalk system shall meet the fellev4ng
23
EXHIBIT E
areas as but to pagEiag 7 an
Open spaee.
bzxte...ul side.. alk .,.,..neet.e..., ...e req ._ea to r e ide
e. ., r ,i
dir-eet eefmeefiens ffem all buildings on site to the
existing afA�ef required sidewalk system and to adjae
7 7 and gmenways.
P'. A 11 intemal sidewalks shall be finished with a hard
sul=&ee A—:R-d— M —siati—iiin an open width of M least five gaet.
., a;s+;a,. +;, 0 ,t a 7 a s gab. th e it y . pav (Moved after parking requirements section)
{**Landscape and buffer standards
(1) Landscape standards
a. The landscape plan must be consistent with the city's design guidelines
and any applicable master plan for the City Center.
b. The plan for landscaping must include ground cover, shrubs, trees,
foundation plantings, sculpture, fountains, decorative walks, or other
similar site design features or materials. Landscaping must conform to
the requirements of the City Code Section 4- 3(d)(4), and the following:
1. A minimum of one deciduous or evergreen shrub per ere ten
linear foot of foundation.
2 The periphery of all parking lots shall be landscaped and
screened in compliance with this ordinance.
(2) Buffer Standards
a. All uses shall provide landscaping along all property lines abutting
residentialh used property located adjacent to the CC district. This
requirement also applies in situations where an alley with a right -of-
way width of 25 feet or less separates uses in the CC district from a
non -CC district residential property. Landscaping shall be provided
along all property lines abutting the alley when adjacent to residential
uses. Multi - family developments in the CC district are exempt from this
landscaping requirement when they abut other multi - family uses.
b In no instance shall a chain link, wood, vinyl, or barbed wire fence be
permitted.
(C) Design fitfindwtk
(1) All a o o is k t h e design g uideli nes, f t h e r�i
m • ` • ciiicacsiroz7'c [ 4l m = xcaarcix .,.b.. b
.,... ems, ..........,�
Center dimfiet shall a Th d ,.,,,,B la „o bee a as aFt e
the eit� eempr-ehensive plan.
(Moved to beginning of CC Dist.Ordinance)
{ m Signs, banners, flags and pennants
fffl ' Signage shall be designed to be integral with the architectural character of
the building to which it belongs. Specifically, the scale, proportion, and color
shall be appropriate to the building in which the sign is attached. Elements to
be considered include architectural appearance, sign size, type of illumination,
24
EXHIBIT E
sign motion, sign setback, surface colors, and message. The architectural
appearance of the sign shall not be so dissimilar to the existing signage on
surrounding buildings as to cause impairment in property value or constitute a
blighting influence.
(3-)(2) Where signs, banners, flags and pennants for identification or decoration
are provided, they shall conform to the following:
a. Wall signs shall have a maximum of 150 total square feet or five
percent of the building wall area occupied by the user, whichever is
less. Wall signs may be increased by 20 square feet per sign in lieu of a
ground mounted or monument sign.
b. Wall signs are permitted to project up to two feet into the minimum
setback as measured from the building. A minimum overhead clearance
of eight feet from the sidewalk shall be maintained.
c. Marquee signs are permitted.
d. Ground mounted or monument signs are permitted as follows:
1. Signs shall not exceed ten feet in height and 40 square feet in
area.
2. Signs shall be located behind the right -of wa and out of any
sight distance triangle.
3. Signs shall be setback fiN.e feet from any property line.
4. No freestanding pole signs shall be permitted.
5. No off - premise signs shall be permitted.
(n) Trash Enclo .sr4rEs.1Ml l meet the rc �f Zonnig Ordinance Sec.4- 3(b)(6)(i)
General Pry :visions: 'Tras Enclosur
25
EXHIBIT E
Facade Treatments
ALL DISTRICTS
Objective: To add visual interest and variety, emphasize the pedestrian scale, and
avoid long, monotonous facades.
Defined Base, Middle, and Top
Buildings should have a well - defined base, middle, and top. The base or ground floor should appear
visually distinct from the upper stories through the use of a change in building materials, window shape or
size, an intermediate cornice line, an awning, arcade or portico, or similar techniques. The base or ground
floor of the building should include elements that relate to the human scale, including texture, projections,
doors, windows, awnings, canopies, or ornamentation.
Distinct Modules
The primary fagade(s) of buildings of 40 feet or more in width should be articulated into smaller increments
through the u8e of diffeFent textwe6, division Onto 6ter-efr-ents with sepaFate display windows, amamental
featwes suGh as aFGades 9F awnin@6, 9F by division ef the building mas6 onto GeVeFa small
segments-. combination of the following:
1. Facade Modulation: Stepping back or extending forward a portion of the facade.
2 Storefront Division: Dividing the building facade into storefronts with separate entrances and display
windows.
3 Building Materials: Using different materials, textures, and /or colors drawn from a common palette to
break the building mass.
4 Roof Lines: Varied roof lines with alternating dormers, stepped roofs, gables, parapets, or other roof
elements.
5. Articulation Intervals: Placement of arcades, awnings, window bays, arched windows, or balconies at
intervals of equal articulation.
Canopies / Awnings / Balconies
Where ..uininnc. ire ncerl nanvas or fabFiG awnings a Fe pFe for � Awnings should closely complement the
Trncn�mmrmya�rcav , v - c rr�rnr�rc�...,,,., p..............
building's architectural character and aesthetics
City Center District
• Canopies awnings cornices and similar architectural accents are permitted on exterior buildinq
walls. Such features shall be constructed of rigid or flexible material designed to complement the
streetscape of the area Any such feature may extend from the building no more than five feet. In no
instance shall such feature extend over or interfere with the growth or maintenance of any required
tree plantings Minimum overhead clearance shall be eight feet. Ground supports for these features
are not permitted in the sidewalk or public right -of -way.
• Balconies may project up to five feet over a required setback. Balconies shall have a minimum
clearance of ten feet from -grade.
Transparency: Window and Door Openings
ALL DISTRICTS
Objective: To enliven the streetscape and enhance security by providing views into
and out of buildings with windows and door openings.
EXHIBIT F
Window and Door Design
• Windows should be designed with punched and recessed openings to create a strong rhythm of light
and shadow.
• Mirrored glass or glass block should not be used on street - facing facades. Glazing in windows and
doors should be clear or slightly tinted, allowing views into and out of the interior.
• Window shape, size, and patterns should emphasize the intended organization of the facade and the
definition of the building.
• Display windows at least three feet deep may be used to meet these requirements, but not windows
located above eye level.
CITY CENTER AND GENERAL COMMERCIAL DISTRICTS
For commercial or mixed -use buildings, window and door openings shall comprise at least 30 percent of
the area of the ground floor of the nrimoni +roo+ f ° ^ °�'�building facade fronting a public street A minimum
of 20 percent of any twe -sides or rear facades at ground level shall consist of window and door openings
designed as specified above when fronting a patio, private street, sidewalk, or usable open space A
minimum of 15 percent of all upper story facades shall consist of window or balcony door openings
designed as specified above.
HIGHWAY DISTRICT
Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor
primary (street- facing) facade and 15 percent of each side or rear facade shall consist of window and door
openings designed as specified above. Note that spandrel glass may be used on up to half the window
and door surfaces on any building facade.
MULTIFAMILY RESIDENTIAL DISTRICT
For multifamily residential buildings, a minimum of 2-0 percent of primary (street- facing) facades and 15
percent of each side or rear facade shall consist of window and door openings designed as specified
above.
EXHIBIT F
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES October 15, 2012
SPECIAL MEETING City Hall, 5:30 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due
call and notice thereof; Chair Houle called the meeting to order at 5:30 p.m.
ROLL CALL Present: Paul Anderson, Jim Brinkman, Jeff Houle, Roger Landy,
Christopher McKenzie, Steve Svendsen
Absent: Sandra Hunten, Ranjan Nirgude, Sunday Onadipe, Tom
Schmidt
Also Present: Curtis Jacobsen, Director of Community Development, Steve
Sondrall, City Attorney, Pamela Sylvester, Recording Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
Planning Case 12 -10 Chair Houle introduced Item 4.1, stated the purpose of the meeting was to
Item 4.1 continue discussion of a request for a conditional use permit to allow an
adult daycare facility in an existing building in an R -O residential office
zoning district, 9220 Bass Lake Road, Tharp Family Partnership, petitioner.
Chair Houle stated that, pursuant to the city code, he had requested a special
meeting to continue discussion of this planning case prior to the November
Planning Commission meeting and three commissioners agreed in writing.
The meeting was advertised in the local newspaper and notices were sent to
properties within 350 feet of the site.
Mr. Curtis Jacobsen showed a site map illustrating the location of the tenant
space in the building, drop -off area for clients, loading /delivery area for the
building with easy access for deliveries to the daycare's kitchen, and five
parking spaces for the daycare's buses /vans. The daycare proposed to use
two to three 8 -to -14 passenger buses to transport clients. A room layout map
was shown that identified what all of the rooms would be used for including
the kitchen, storage area (with a door to the hallway leading to the loading
area), exercise room, an office, quiet room, computer /game room,
music /activity /gathering room, and the balance of the area would be open
space for additional recreational activities. The clients would range in age
from 60 to 90 years old. All current clients are ambulatory.
The original conditions of approval were modified after receipt of the revised
drawings which now include painting of the curb cut access, maximum
number of clients, no outdoor activities, permit required for building
changes, submittal of state licenses to the city for the daycare, and approval
of the kitchen by Hennepin County Environmental Health.
Chair Houle inquired of staff whether public input could be accepted at this
meeting. Mr. Jacobsen responded that the public hearing had been opened
and closed at the October 2 Planning Commission meeting. A decision
whether or not to recommend approval was tabled to November 7 to allow
the applicant to submit revised plans. This special meeting was called to
recommend approval or denial of the request to the City Council prior to its
meeting on October 22.
Chair Houle stated that he would allow input from residents with the
conditions: 1) that comments pertain only to the conditional use permit at
9220 Bass Lake Road; 2) present any new information that was not discussed
at the October 2 meeting; and 3) limit comments to a couple minutes.
Mr. Bill Gabrys, 9209 59th Avenue, and asked for confirmation that there
would be no outdoor activities. He stated concern with clients wandering
into his yard if left outside alone in the picnic: area. Chair Houle replied that
it was his understanding there would be no organized outdoor activities. If a
client wanted to utilize a picnic table, and not all of the clients came out at the
same time, that would fall within the acceptable levels established.
Commissioner Svendsen interjected that all tenants in the building have use
of the picnic tables as weather permits. Mr. Gabrys wondered what recourse
he had if someone wandered into his yard and he was told to call the police
department. Commissioner Landy suggested if there was a complaint that
was not police related to contact city staff. Mr. Jacobsen added that none of
the clients have Alzheimer's or cognitive disabilities. The reason the clients
are there is that they need care during the day, but they are fully cognizant of
what is going on around them.
Mr. Taryn Buehring, 5808 Gettysburg Circle, initiated discussion of the far
east single row of parking as shown on the site plan and inquired of the fence
that had been removed along Highway 169. Mr. Steve Tharp, general partner
with Tharp Family Partnership, stated there are three double rows of parking
in the east lot, but the last single row of parking stalls were never installed as
it was determined those stalls were not needed. Mr. Jacobsen stated that he
visited the site during the day last week and in the east lot alone there were
50 parking stalls not being utilized.
Mr. Steve Lovcik, 9225 59th Avenue, inquired of refuse management,
especially with the kitchen waste. Mr. Tharp stated that trash is now and
would continue to be maintained inside the building with three dumpsters
per week.
Mr. Jacobsen stated that the fence that was referred to was along the ramp
from Bass Lake Road to north Highway 169 and thought it had been
removed by the highway department, possibly TVINDOT. There was no
specific need to have a fence in that area. The four -foot, chain -link fence was
never part of the Tharp development. Mr. Tharp added that they had
removed the fence with the county's approval, with the exception of one
fence post at the corner that the county requested be left in place. There was
no need for the fence as no one walks through the property from that area. In
12 years, there has only been one instance where a car ran off the road, but
not close to where the fence was located.
Planning Commission Meeting 2 October 15, 2012
Mr. Doug Swigert, 5900 Hillsboro, questioned where restroom facilities were
located. Chair Houle responded that the restrooms are located outside this
tenant space and would be accessed from the hallway. 'the applicant would
be required to meet the building code's required number of sinks and toilets
fixtures.
There was no one else in the audience wishing to speak on this issue.
Chair Houle explained that the city had specific steps to follow for a building
or property owner asking for revisions to their property. The CUP process
was laid out specifically in the zoning code. Certain requirements must be
met in order for the city to grant a CUP. If an applicant meets the CUP
requirements as laid out in the code, then it is incumbent upon the Planning
Commission and City Council to grant the CUP. The city cannot institute
additional criteria for an applicant to comply with that are not in the code.
Mr. Steve Sondrall, city attorney, concurred. If the Planning Commission
found that the conditions for the CUP according to the code were met, then it
is a requirement of law that the application be recommended for approval to
the City Council. The City Council then reviews the application based on the
Planning Commission's recommendation and judges whether the conditions
of the code were met and, if the Council finds the conditions have been met,
it is incumbent upon them to grant the CUP.
Chair Houle reported that once granted, a CUP could be reviewed at any
time. If violations were found, staff must be made aware of the violations,
evaluate the situation, and contact the building owner to correct the situation.
Mr. Sondrall added that if clients continued to wander onto adjacent
properties, under the CUP, that would be grounds to review the CUP for
revocation, due to the applicant agreeing that there would be no outside
organized activities. If that would be occurring too often, an argument could
be made that it was a violation of the CUP and subject the application to
revocation.
Chair Houle explained an adult daycare is allowed by code in the R -O zoning
district with specific conditions including providing an adequate amount of
parking stalls on site, off - street loading, an outdoor recreational area which
was waived upon the request of the applicant, signage, meet all building and
fire codes, and state licensing regulations. In this instance, the state would
determine the number of clients that could be served within this size space,
the city was setting a limit of 50 clients with this application.
Commissioner Brinkman inquired whether or not Mr. Tharp had met with
the neighbors as previously recommended by the Commission and he
responded no. Mr. Tharp stated there are nine adjacent neighbors and two
were not at the October 2 meeting and they own three of the properties. The
issues the four property owners brought up were not associated with the
property at 9220 Bass Lake Road, which is owned by Tharp Family
Partnership. The issues dealing with the three rental properties are owned by
another entity, Shawn Tharp. Mr. Tharp added that in the 12 years they have
Planning Commission Meeting 3 October 15, 2012
owned the building, there has only been one violation for long grass, which
was addressed immediately upon notification. He maintained that if
someone comes to them with an issue, it is taken care of immediately. The
brush pile and bags of leaves identified at the October 2 meeting have now
been removed. The issues that were brought up at that meeting had nothing
to do with the property being considered for a CUP. He added the only
neighbor he would be meeting with is Mr. Gabrys. With regard to the noise
and cars, Mr. Tharp stated that they have not had racecars at that building for
three years. All of the racecars that were there were muffled and street legal.
They did not do mechanical work inside the building or tune up cars. If there
was an issue with a car, it was loaded onto a trailer.
Mr. Buehring commented that at the last meeting commissioners pointed out
the example of New Hope Bowl and resolving problems with the
neighborhood. He would like to meet with the property owners before the
Council meeting. Chair Houle and Commissioner Landy agreed that it was
the recommendation of the Commission for the two parties to meet,
however, the city could not force the issue. Landy suggested the neighbors be
diligent in reporting issues to city staff.
Motion Motion by Commissioner Svendsen, seconded by Commissioner Brinkman,
Item 4.2 to approve Planning Case 12 -10, request for a conditional use permit to
allow an adult daycare facility in an existing building in an R-O
Residential- Office zoning district, 9220 Bass Lake Road, Tharp Family
Partnership, petitioner, subject to the following conditions:
1. The accessible curb access point to be identified by a fresh coat of
yellow paint on the curb.
2. The site is approved for up to, but not to exceed, 50 participants per
the applicant's submitted plans.
3. No organized, on -site outdoor activities be permitted.
4. Building plans be submitted for interior improvements in compliance
with building and fire code requirements.
5. The operator assures that at all times the city has copies of all current
state licenses for the facility.
6. Copies of Hennepin County Environmental Health approval of the
kitchen shall be provided to the city.
Voting in favor: Anderson, Brinkman, Houle, Landy, McKenzie, Svendsen
Voting against: None
Absent: Hunten, Nirgude, Onadipe, Schmidt
Motion approved.
Chair Houle stated that the City Council would consider this planning case at
its meeting on October 22, 2012, and asked the petitioner to attend. He
stressed that the planning commissioners felt the requirements of the CUP
have been met and were passing along a recommendation for approval. A
number of other issues brought forward did not pertain to the CUP at 9220
Bass Lake Road. He encouraged residents to talk to the mayor and city
council members prior to the October 22 meeting.
Planning Commission Meeting 4 October 15, 2012
COMMITTEE
REPORTS
Design and Review
Committee
Codes and Standards
Committee
NEW BUSINESS
OLD BUSINESS
Approval of Minutes
Item 7.1
ANNOUNCEMENTS
ADJOURNMENT
Mr. Jacobsen reported that the October Design and Review Committee
meeting had been cancelled due to no new planning applications. The
Planning Commission would be conducting a public hearing on Wednesday,
November 7, for the City Center zoning ordinance.
Mr. Jacobsen reported that no Codes and Standards Committee meeting was
scheduled at this time.
There was no new business.
Motion by Commissioner Landy, seconded by Commissioner Svendsen, to
approve the Planning Commission minutes of October 2, 2012. All voted in
favor. Motion carried.
Mr. Jacobsen announced that Jeff Sargent was hired as the new community
development specialist and would start employment with the city on
November 5.
Mr. Jacobsen passed out a handout on workforce housing and stated it was
assembled by a group in Richfield. It was provided to the City Council by
someone who attended one of Ron Clark's open houses and was for
informational purposes only.
The Planning Commission meeting was unanimously adjourned at 6:10 p.m.
Respectfully submitted,
Pamela Sylvester, Recording Secretary
Planning Commission Meeting 5 October 15, 2012