080713 planning commissionCITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES August 7, 2013
City Hall, 7:00 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to
due call and notice thereof; Chair Svendsen called the meeting to order at
7:00 p.m.
ROLL CALL Present: Jim Brinkman, Mikel Dumonceaux, Wade English, Greg
Gehring, Jeff Houle, Roger Landy, Christopher McKenzie,
Steve Svendsen
Absent: Sandra Hunten, Ranjan Nirgudé, Tom Schmidt
Also Present: Curtis Jacobsen, Director of Community Development, Jeff
Sargent, Community Development Specialist, Stacy Woods,
Assistant City Attorney, Alan Brixius, Planning Consultant,
Pamela Sylvester, Recording Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
Planning Case 13-04 Chair Svendsen introduced Item 4.1, request for preliminary and final
plat review for property to be known as Bass Lake Road AutoZone and
Item 4.1
site plan review, 7117 Bass Lake Road, AutoZone, Inc., petitioner.
Mr. Jeff Sargent, community development specialist, explained that the
applicant was requesting preliminary and final plat approval to combine
the two properties at 7117 Bass Lake Road (the vacant gas station) and a
vacant parcel to the south at 5551 Louisiana Avenue. Site plan review will
be required due to the demolition of the existing building and the
construction of a new 7,360 square foot retail building. The parcels are
located in the CB, community business, zoning district at the southwest
quadrant of Bass Lake Road and Louisiana Avenue. There are other
commercial properties to the north, east and west, and the city of Crystal
to the south.
Mr. Sargent stated that the site plan review was required to ensure the
proposal met all building setbacks, landscaping and parking
requirements, and the building elevations complied with the city’s Design
Guidelines. Two existing curb cuts along Bass Lake Road would be
removed and shifted to Louisiana Avenue. The curb cuts proposed are
wider than typically allowed to accommodate deliveries. Turning radii
would be adequate for semi-traffic entering the site. One parking stall
would be required for each 200 square feet of retail space, or 33 stalls,
with 39 stalls proposed for the site. The landscape plan illustrated shrubs
along the north and south property lines to adequately screen abutting
residential properties. A fence along the south property line provides
additional screening. Trees will also be planted in the Louisiana Avenue
right-of-way. Rooftop HVAC units will be screened through the use of
parapet walls. Lighting and photometric plans were submitted and
comply with city code.
AutoZone is proposing an 88 square foot pylon sign to be located 10 feet
from the property line, which would be 30 feet in height. Wall signage
would incorporate two signs totaling 163.5 square feet, which meets city
code standards. Sanitary sewer and water would connect to city of Crystal
utilities at the centerline of Louisiana Avenue and plans must be reviewed
and approved by the city of Crystal. A subsurface detention facility and
an open filtration area along the south side of the property are proposed.
This will be a dry pond and grassed along with other landscaping. The
sandy soils in this area allow for better infiltration. Erosion control
measures during construction are illustrated on the plans.
Mr. Sargent reported there is an existing 27-foot roadway easement along
Louisiana Avenue. The western 10 feet was vacated years ago and the
applicant will dedicate 17 feet as street right-of-way. Hennepin County
requires a 10-foot right-of-way be dedicated along Bass Lake Road for a
future pedestrian/bike path.
The new 7,360 square foot proposed retail building meets the intent of the
Comprehensive Plan and is consistent with city code. The building color
scheme will utilize warm colors, such as browns, tans and black with
accent colors, which complies with the Design Guidelines. More than 60
percent of the building face will be brick and glass. Several sections of the
building would be utilizing faux (fake) windows to hide storage areas and
the back of shelving units. The front entry way would have transparent
windows.
Property owners within 350 feet of the site were notified by mail and a
public hearing notice was published in the SunPost newspaper. One
adjacent property owner did contact staff regarding the placement of the
building.
Mr. Sargent reiterated that the applicant was requesting preliminary and
final plat approval for the combination of the properties at 7117 Bass Lake
Road and 5551 Louisiana Avenue. The site plan illustrates construction of
a new 7,360 square foot retail building. Staff was recommending approval
subject to the conditions listed in the planning report. Staff added one
additional condition, as recommended by the city engineer, after the
packet was prepared. Condition #9: “The applicant shall enter into a pond
maintenance agreement with the city for the maintenance of the
underground detention pond for stormwater management.”
Mr. Alan Catchpool, CEI Engineering, 2025 Centerpoint Boulevard,
Mendota Heights, came forward to answer questions of the Commission
on behalf of AutoZone. He asked for clarification regarding the
recommendation to shift the driveway access 10 feet to the south to meet
the 40-foot setback from the intersection. Mr. Brixius, planning
consultant, stated that the curb cut distance should be measured from the
2
Planning Commission Meeting August 7, 2013
intersection of property lines not the street curb. Mr. Catchpool stated
that the city of Crystal had approved the utility plans and plans were
submitted to the watershed for review.
Chair Svendsen inquired if anyone in the audience wished to address the
Commission.
Ms. Barb Commers, 5506 Louisiana Avenue, came forward. She stated
that Louisiana is currently signed for “no trucks” and she wanted a
guarantee that trucks would not be traveling further south on Louisiana
than the AutoZone property. She wondered whether or not the property
could be served with only one access point and Chair Svendsen
responded that the flow of traffic would be better for garbage trucks,
delivery trucks and semi trucks with two access points.
There was no one else in the audience that wished to speak at the public
hearing.
Motion by Commissioner Landy, seconded by Commissioner Houle to
close the public hearing. All voted in favor. Motion carried.
Commissioner Brinkman commended the applicant on the combination
of the two properties to make a site large enough for this project.
Motion Motion by Commissioner Houle, seconded by Commissioner Landy, to
Item 4.1 approve Planning Case 13-04, request for preliminary and final plat
review for property to be known as Bass Lake Road AutoZone and site
plan review, 7117 Bass Lake Road, AutoZone, Inc., petitioner, subject to
the following conditions:
1.The northern driveway access point shall be shifted ten (10) feet to
the south to meet the 40-foot setback off the intersection of Bass
Lake Road and Louisiana Avenue.
2.Stormwater plans shall be approved by the city engineer and the
Shingle Creek Watershed Management Commission.
3.Grading and utility plans shall be approved by the city engineer.
4.The erosion control plan shall be reviewed and approved by the
city engineer.
5.All sewer and water plans must be reviewed and approved by the
city of Crystal, as connections will be made within the Crystal-
owned portion of the Louisiana Avenue right-of-way.
6.A sign permit must be obtained along with other required building
permits.
7.Applicant to enter into a site improvement agreement with the city
to insure the installation of all required improvements (to be
prepared by the city attorney).
8.Applicant to provide a financial guarantee/performance bond for
site improvements (amount to be determined by city engineer and
building official).
9.The applicant shall enter into a pond maintenance agreement with
3
Planning Commission Meeting August 7, 2013
the city for the maintenance of the underground detention pond for
storm water management.
10.Maintain “no truck traffic” signage south of this parcel on
Louisiana Avenue.
Voting in favor: Brinkman, Dumonceaux, English, Gehring, Houle,
Landy, McKenzie, Svendsen
Voting against: None
Absent: Hunten, Nirgudé, Schmidt
Motion approved.
Chair Svendsen stated that the City Council would consider this planning
case at its August 26 meeting and asked the petitioner to be in attendance.
Planning Case 13-05 Chair Svendsen introduced Item 4.2, request for planned unit
development (shopping center), conditional use permit for off-site/shared
Item 4.2
parking, and site plan review, 7554-7562 42nd Avenue North, Robert
Gossard, petitioner.
Mr. Curtis Jacobsen, director of community development, stated that a
planned unit development (PUD) allowed for flexibility of site design and
architecture for the conservation of land and open space through site
design. A conditional use permit (CUP) is a land use designation in a
zoning ordinance that was specifically permitted as long as it met certain
standards. A site plan review is required when modifications, additions
or enlargements to a building was proposed.
The property at Village on Quebec is located in a CB, community
business, zoning district, at the northeast quadrant of Quebec and 42nd
avenues, and adjacent land uses include commercial to the east, west and
south, and industrial properties to the north.
Mr. Jacobsen reported the applicant was proposing a restaurant use in
three tenant bays in the single-story retail building. In 2006, a PUD was
approved to allow no more than two tenant bays to be occupied by
restaurants. Mountain Mudd Expresso & Café currently occupies one bay
in this building. The applicant would like to amend the 2006 PUD to
allow up to four tenant bays to be occupied by a restaurant use. Off-site
shared parking with the business to the north could be accomplished
through a conditional use permit. The site plan review would ensure
adequate parking would be available and to approve the location of the
proposed outdoor dining area. The applicant would like to convert two
parking stalls for use as outdoor dining that would accommodate 16
patrons. The area would be cemented with curbing and temporary
fencing around the outside, similar to Mountain Mudd’s outdoor dining
area.
The applicant indicated they would lease 15 parking stalls from the
property to the north for the off-site shared parking. The farthest stall
would be 175 feet from the entrance, and code allows a distance of 300
4
Planning Commission Meeting August 7, 2013
feet. The overall Village on Quebec shopping center was required to
provide one parking stall for each 200 square feet of retail space. The
development supplied a total of 155 stalls, or 42 extra stalls. The three
tenant bays utilized for Goose Egg’s Deli & Diner were originally allotted
19 parking stalls. A total of 77 parking stalls should be provided – 68 for
the restaurant use plus two stalls to replace those utilized for the outdoor
dining area and another seven stalls for the outdoor seating. Mr. Jacobsen
reported that another new business in the shopping center would have an
excess of 12 spaces and the CUP provides 15 off-site parking spaces.
The building currently has a fire suppression system, but code requires a
minimum one-hour separation wall between the proposed restaurant use
and the vacant tenant space to the south.
All landscaping was required for the original development proposal,
therefore, no new landscaping was proposed. A fence would surround
the outdoor dining area that would be removed during the winter
months. The applicant must abide by the comprehensive sign plan that
was previously approved for the shopping center. A sign permit would
be required for any signage for the restaurant.
Mr. Jacobsen explained that city code allowed for a reduction of up to 50
percent of the parking for restaurants where shared parking may be
supplied by primary daytime uses. The off-site joint use parking must be
located within 300 feet of the entrance and the distance for this use would
be 175 feet from the front door. The applicant must show there would be
no conflict in operating hours between the two uses sharing the parking.
The company to the north has an excess of 15 parking stalls and never
utilized all of the parking available on its property. The two parties are
currently negotiating the terms of the agreement, which would be
finalized prior to issuance of the certificate of occupancy, and would be
recorded with Hennepin County.
The proposed use is compliant with the Comprehensive Plan and city
code.
Mr. Jacobsen reiterated that the applicant would be converting two
parking stalls into an outdoor dining area. The deli and diner are two
separate businesses, both utilizing the same kitchen. Without the CUP for
shared parking, the shopping mall would be short 12 parking stalls. The
off-site parking would alleviate any parking concerns that Village on
Quebec would have when fully occupied. The outdoor dining area would
be constructed to mirror the seating area in front of Mountain Mudd.
Mr. Jacobsen explained that this parcel of land was a Brownfield site and
the parking lot was sized and paved to protect the ground from
absorbing any more water and pushing potential contaminants into the
water table.
Property owners within 350 feet were notified by mail and a public
5
Planning Commission Meeting August 7, 2013
hearing notice was published in the SunPost newspaper.
Mr. Jacobsen stated that staff was recommending approval subject to the
conditions listed in the planning report. Staff added a CUP condition #4
after the packet had been prepared, as follows: “The off-site parking stalls
specified in the lease agreement shall be striped.”
Commissioner Houle clarified that parking calculations for the remaining
vacant tenant bays were figured as future retail uses. He questioned how
the off-site parking would be signed so patrons would know there was
additional parking available. Mr. Jacobsen replied that parking area
would be mainly for staff. Houle stressed that the landscaping between
the properties would need to be protected and maintained regularly.
Mr. Brixius interjected that signage could be installed directing people to
the sidewalk along Quebec Avenue or install a walkway between the two
sites and include specific verbiage in the CUP agreement.
Commissioner McKenzie inquired if there were plans to complete the
sidewalk along Quebec as currently there is a small pile of dirt there. Mr.
Jacobsen stated that the two parties could work together to have that
sidewalk completed, but if the dirt pile was on the adjacent property, that
was not part of this application. Mr. Brixius interjected that if the area in
question was in the right-of-way near the shared parking, that could be
added as a condition of approval.
Commissioner Brinkman initiated discussion regarding the number of
islands installed in the parking lot and the possibility of removing some
of them. Mr. Jacobsen responded that light standards were located in the
islands. Mr. Brixius pointed out that the islands help channel traffic flow
and parking. One of the islands was placed to protect a monitoring well.
Commissioner Houle confirmed that the Planning Commission did not
need to vote on the administrative permit for the outdoor dining.
Commissioner Houle questioned whether the dates of November 1
through March 31 were standard dates for the movable furniture and was
told yes.
Chair Svendsen requested clarification on the removable fencing around
the outdoor dining area. Mr. Jacobsen explained the seating for Goose
Egg’s would be like Mountain Mudd, who has bollards around its
outdoor area. This application proposed fencing around the dining area
due to the fact that cars can park all around this area and the fencing
would prevent car doors from bumping the tables and chairs. The fencing
would be removable for easier snow removal and maintenance during the
winter months.
Mr. Robert Gossard, 9220 45th Avenue, came forward and stated he had
no additional comments.
6
Planning Commission Meeting August 7, 2013
Chair Svendsen inquired if anyone in the audience wished to address the
Commission.
Mr. and Mrs. Les (and Mary Ellen) Everhart, owners of Mountain Mudd,
came forward. Mr. Everhart stated he was happy to see potential tenants
come to the shopping center, but was concerned with parking. He
indicated that potential tenants they had talked to felt there would not be
enough parking available when the shopping center would be completely
full. The Sunshine Factory utilizes a portion of the lot on Thursday
evenings. He pointed out that during heavy rains the northeast corner of
the lot floods. He stated that when they signed their lease, there were to
be no more than two restaurants. This proposal would add a deli and
diner. The pizza place is for take-out only, however, occasionally some of
those patrons utilize Mountain Mudd’s outdoor dining area. He indicated
there were a lot of diner-type restaurants in close proximity to this site.
Ms. Everhart reiterated that competition was good, but they wanted
success for themselves and for the other restaurants, but she wasn’t sure
this was the answer. They serve coffee along with fresh egg sandwiches
for the early morning hours, and mainly sandwiches with coffee as an
addition at lunchtime. Coffee shops do not survive serving only coffee.
She mentioned that they also have live entertainment. Ms. Everhart
wondered if New Hope could support all the deli/sandwich type
restaurants.
Mr. Sargent pointed out that the Planning Commission must consider
whether the application complied with the Comprehensive Plan, was an
allowable use in the CB zoning district, and met minimum city code
requirements, and if so, must recommend approval. The restaurant use is
a permitted use in the CB district. The applicant needed the CUP for the
off-site parking. Mr. Sargent stated he understood the Everhart’s concerns
with the competition, but the Commission would have to put aside that
piece when making a decision on the application. Free enterprise allowed
individuals to make business decisions, whether good or bad.
Ms. Mary Hudson, 4500 Hillsboro Avenue North, came forward and
stated that she would encourage the Commission to approve this project
which would add more energy to New Hope. She felt there would be
different people at each business.
There was no one else in the audience that wished to speak at the public
hearing.
Motion by Commissioner Landy, seconded by Commissioner Houle to
close the public hearing. All voted in favor. Motion carried.
Commissioner Houle inquired why only two bays were slated as
restaurants when the project was approved in 2006. Mr. Brixius stated the
restriction was related to parking. He felt the off-site parking addressed
the potential shortage, which was being addressed through the CUP. He
7
Planning Commission Meeting August 7, 2013
emphasized to the Commission and applicant that prior to the City
Council meeting, the off-site parking needed to be resolved with regard to
placement, design, and finalizing the lease.
Commissioner Houle stated he felt for the owners of Mountain Mudd
who had established a business under other rules and now the rules could
potentially change.
Commissioner Landy stated he was encouraged with a new restaurant
use at this site.
Commissioner Brinkman inquired as to the hours of operation and
questioned whether or not liquor be served. Mr. Gossard stated that he
would be applying for a bottle beer and wine license to serve at the tables
in the diner. The hours of operation would be 6 a.m. to 2 p.m for the diner
and the deli would open from 10 a.m. to about 6 or 7 p.m. The evening
hours would be mostly take out rather than dine in. He stated he would
consider additional diner hours in the future if the need arose. He added
that the lot had 137 spaces and he would be providing 15 additional
spaces off site. Gossard stated he was working with Mr. Truax on having
the parking spaces striped once the lot was seal coated. A question was
raised whether a few more parking spaces could be leased. Mr. Gossard
added that there is one spot on the pavement that has a pile of dirt on it,
which would be moved prior to seal coating and striping.
Mr. Gossard confirmed his use would not affect Mountain Mudd’s drive
through lane.
Motion Motion by Commissioner Houle, seconded by Commissioner Landy, to
Item 4.2 approve Planning Case 13-05, request for planned unit development
(shopping center), conditional use permit for off-site/shared parking,
and site plan review, 7554-7562 42nd Avenue North, Robert Gossard,
petitioner, subject to the following conditions:
PUD Agreement:
1.An off-site parking lease agreement must be established by and
between the owner of the Goose Egg’s Deli & Diner and the
property owner to the north, and must be in place at such time
when the Goose Egg’s Deli & Diner opens for business.
Conditional Use Permit
1.The applicant must submit a site plan for the proposed off-site
parking showing location (within 300 feet of the restaurant
entrance) and configuration of 15 parking stalls.
2.The off-site parking shall be utilized for employee parking to allow
for customer parking closer to the restaurant.
3.The lease agreement shall be approved by the City Council and run
with the restaurant lease.
4.The off-site parking stalls specified in the lease agreement shall be
striped.
8
Planning Commission Meeting August 7, 2013
5.Plan for pedestrian connection between the off-site parking stalls
and the restaurant to be approved by city staff.
6.Provide signage for overflow parking.
Site Plan Review
1.The applicant must obtain all required building permits and
inspections prior to opening.
Voting in favor: Dumonceaux, English, Gehring, Landy, McKenzie,
Svendsen
Voting against: Brinkman, Houle
Absent: Hunten, Nirgudé, Schmidt
Motion approved.
Chair Svendsen stated that the City Council would consider this planning
case at its August 26 meeting and asked the petitioner to be in attendance.
Planning Case 13-06 Chair Svendsen introduced Item 4.3, request for site plan review for
remodel of existing restaurant, 7100 Bass Lake Road, Phoebe Doan,
Item 4.3
petitioner.
Mr. Jeff Sargent, community development specialist, stated that the
petitioner was requesting a site plan review for the remodeling of the
former Taco Bell building located at 7100 Bass Lake Road and the
conversion of the building into a new restaurant. The property is zoned
CB, community business, and is located east of Maryland Avenue on the
north side of Bass Lake Road. Adjacent land uses include commercial
properties to the north, south and west, and the city of Crystal to the east.
The applicant would like to open The Claws seafood restaurant in the
former Taco Bell building. The front entry would be reoriented from the
south side of the building to the northeast corner of the building to
accommodate pedestrian traffic entering from the parking area. The
outdoor patio would remain for dining. The handicap stalls would be
shifted to meet ADA compliance for location and proximity to the front
entry.
Mr. Sargent explained that the building would remain a restaurant and
parking would not be an issue, other than relocating the handicap stalls
closer to the entry of the building. There are currently 41 parking stalls
available. The parking lot is aging and will need to be restriped. ADA
curb cuts would need to be installed. The outdoor patio is in need of
maintenance and upkeep. The applicant indicated they would remove the
existing lower portion of the chimney and repaint the existing masonry
on the building to match the restaurant’s color motif. They are proposing
to construct a blue flex face pseudo-chimney on the roof that would add
an architectural feature and double as a wall face for signage. The blue
flex face material would be applied around the top of the building to
screen the rooftop units.
9
Planning Commission Meeting August 7, 2013
No landscaping is being proposed as they are remodeling an existing site.
A fence would be added around the outdoor seating area, along with
some plantings to soften the appearance of the area. String lighting would
be added for ambiance to the outdoor dining area. Existing light
standards effectively illuminate the parking lot and access points into the
building. The loading and trash pickup areas would remain the same on
the north side of the building.
The new wall sign would be attached to the newly constructed pseudo-
chimney on the front of the restaurant. The sign would be 74 square feet
in area which meets city standards. The existing pylon sign would be
utilized with their logo placed on the top.
Mr. Sargent stated that the proposed use would meet the intent of the
Comprehensive Plan and was consistent with city code. He stated that
staff recommended approval subject to the conditions listed in the
planning report.
Chair Svendsen reported seeing a dumpster on site and wondered if
remodeling was already taking place. Mr. Sargent replied that the
restaurant was a permitted use. The applicant was requesting a review of
the outdoor improvements for compliance with the Design Guidelines.
Permits have been obtained for demo work on the inside of the building.
Commissioner Houle inquired if the lights around the top of the building
would remain, and Mr. Sargent stated he believed those would be
removed. He reiterated that there would be a wall around the top of the
building to hide the HVAC units. Sconce units would be added around
the side of the building. Houle questioned whether the light fixture on the
north side would be removed.
Commissioner Houle asked about the blue material to be utilized. Mr.
Sargent answered that the material was similar to what a car dealer uses.
The structure the material is used on would be internally illuminated as
an accent feature. The onus would be on the applicant to prove the
structure would be structurally sound and meet building code
requirements. The structure would add a unique design element and call
attention to the building. The same material would be utilized around the
top of the building for architectural consistency.
Ms. Phoebe (Doan) Schulte (recently married), 9716 Upton Avenue North,
Brooklyn Park, and Marv Kuiper, Kuiper Specialties Inc., 2901 65th
Avenue North, Brooklyn Center, the applicant’s building contractor,
came forward to answer questions of the Commission.
Commissioner Houle asked for clarification on the blue material. Mr.
Kuiper stated he would get samples for city staff. He stated it was a heavy
fabric. All the lighting would be removed at the top of the parapet wall.
10
Planning Commission Meeting August 7, 2013
Commissioner Landy questioned if the restaurant was a franchise and
Ms. Schulte replied that it was not. A server would take the patron’s
order at the table and bring the food to the table.
There was no one in the audience that wished to speak at the public
hearing.
Motion by Commissioner Landy, seconded by Commissioner Brinkman
to close the public hearing. All voted in favor. Motion carried.
Motion Motion by Commissioner Houle, seconded by Commissioner Landy, to
Item 4.3 approve Planning Case 13-06, request for site plan review for remodel of
existing restaurant, 7100 Bass Lake Road, Phoebe (Doan) Schulte,
petitioner, subject to the following conditions:
1.The applicant provide revised site plans demonstrating that fencing
around the outdoor patio area has been adjusted to meet the
minimum 10-foot front yard building setback, and so as to maintain
a sight visibility triangle from the front entryway and drive.
2.The proposed pylon sign may not exceed 30 feet in height when
mounted on the existing pylon base.
3.The parking area must be restriped.
4.Upon installation, the illuminated signs shall adhere to
illumination specific standards described in the New Hope Sign
Code Sec. 3-50(j), and all proposed signs are required to meet all
general regulations as described in the same section of the code.
5.The applicants shall provide more information as to how the
deteriorating condition of the surfacing on the outdoor dining patio
will be improved. If they intend to resurface the patio, they shall
provide a description of what surfacing material will be installed.
Voting in favor: Brinkman, Dumonceaux, English, Gehring, Houle,
Landy, McKenzie, Svendsen
Voting against: None
Absent: Hunten, Nirgudé, Schmidt
Motion approved.
Chair Svendsen stated that the City Council would consider this planning
case at its August 26 meeting and asked the petitioner to be in attendance.
Planning Case 13-07 Chair Svendsen introduced Item 4.4, request for conditional use permit to
allow an adult day care center located in a CB, community business,
Item 4.4
district, planned unit development (shopping center), and site plan
review, 7504-7512 42nd Avenue North, Hope Health Care, petitioner.
Mr. Jeff Sargent, community development specialist, stated that the
applicant was requesting a conditional use permit to allow an adult
daycare in the CB zoning district and site plan review for modifications to
be made to the exterior of the building. The site is zoned CB, community
business, and is located in the Village on Quebec shopping center at the
11
Planning Commission Meeting August 7, 2013
northeast corner of Quebec and 42nd avenues. Adjacent land uses include
commercial to the east, west and south, and industrial to the north. The
Comprehensive Plan guides this site for commercial land uses.
Hope Health Care is the applicant requesting the CUP for the adult
daycare. They have been in business since 1999 at a location in
Minneapolis. A letter was received from the state indicating this location
would be licensed for up to 100 clients. The applicant stated they would
only have 70 clients. All clients would be transported to the facility in
three company vans. The ages range in age from 18 to 99. All clients have
some type of disability, however, 95 percent of them are mobile. Clients
are expected to stay at the center up to seven hours per day with a
maximum of three days per week.
The site plan review was requested to review on-site parking and the
conversion of five parking stalls on the north side of the building to a
recreation area for the clients. The site plan review would ensure the
proposed exterior upgrades to the entire shopping mall met the
minimum requirements of the Design Guidelines and city code.
Mr. Sargent reported that Hope Health Care would occupy five of the
seven tenant bays on the first floor of the two-story building. Due to
gaining access to the outdoor recreation area, ADA compliant curb cuts
would need to be installed. Five parking stalls on the north side of the
building would be utilized for the outdoor recreation area. The balance of
the parking lot would remain the same. The recreation area would be
enclosed by a fence. The inside floor plan includes a dining area, kitchen,
activity rooms, exercise rooms, quiet rooms for reading, office space, etc.
The total tenant area is approximately 6,200 square feet. Allotted parking
was based on a retail use at one space for each 200 square feet of area.
Thirty one parking stalls were initially designated for these five tenant
bays. Hope Health Care would only need 14 parking stalls (nine staff,
three company vans, two visitors) plus the five recreation area stalls
equals 19 stalls total to be utilized by the daycare. The proposal would
leave an excess of 12 available parking stalls at the shopping center.
The building is currently vacant and would require a full Certificate of
Occupancy prior to the business opening. There is a fire suppression
system installed in the building. A one-hour fire wall separation around
the perimeter of the tenant space and ceiling would be required.
Deliveries would be made from the north side of the building via a
service sidewalk along the east side of the building. The dumpster is
located on the north side of the building
Mr. Sargent explained that adult daycares are allowed in the CB district as
a conditional use subject to specific conditions, including providing off-
street parking, off-street loading, and an outdoor recreation area.
Fourteen parking stalls have been provided plus five stalls for the
recreation area. Catered meals and other deliveries will be made via the
service sidewalk along the east side of the building. Daycare facilities
12
Planning Commission Meeting August 7, 2013
must provide a minimum of 1,500 square feet of outdoor recreation space,
which may be reduced for adult daycare facilities if there are mobility
issues with the clients. There would also be over 2,000 square feet of
indoor recreational space available including game rooms, exercise
rooms, and reading rooms. Not all of the clients would be there at the
same time. The five parking stalls to be utilized for the outdoor recreation
area contains approximately 624 square feet and would be enclosed with
a decorative black aluminum fence with planters in the area. Mr. Sargent
explained that the requirement for limiting hard surfacing of the area to
no more than 75 percent would need to be set aside in this case. Due to
the contaminated soils under the entire shopping center site, the entire
parcel needed to be paved. Also, many of the clients had mobility issues
and the paved surface would be easier for those using wheelchairs or
walkers. The applicant would need to maintain the site and keep it free of
litter and trash.
Mr. Sargent stated that the proposed use was consistent with the city’s
Comprehensive Plan, was compatible with surrounding land uses, would
not depreciate the value of the surrounding area, the use complied with
other zoning regulations, traffic would not be adversely affected nor
would the adjacent residences. The applicant must comply with all
signage requirements of the city and the shopping center’s
comprehensive sign plan.
Property owners within 350 feet of the site were notified by mail and a
public hearing notice was published in the local newspaper. No calls were
received by staff.
Mr. Sargent stated that staff was recommending approval subject to the
conditions listed in the planning report.
Commissioner Houle inquired if the applicant was licensed for 100 clients
could the city restrict the number to 70. Mr. Sargent responded that the
city could restrict the number through the CUP process. The city could
impose conditions that would be applicable for the building and
surrounding area to be sure the use was consistent with code for a
conditional use. The applicant indicated the request was for 70 clients.
Enforcement would be on a reactive basis and the city could question the
applicant at any time on the number of clients they were serving.
Commissioner Houle pointed out that the slope of the proposed outdoor
recreation area was quite steep for clients using wheelchairs or walkers
and wondered if the area was practical as an outdoor recreation area. He
also pointed out that there was no shade in that area and the asphalt in
summer would be very hot. Mr. Sargent stated the outdoor recreation
area met the minimum allowed due to the caveat allowing the area to be
reduced. The ordinance did not specify the amount the area could be
reduced. The applicant requested the use of the area knowing the slope
and potentially hot asphalt. The applicant could provide tables with
umbrellas to provide some shade.
13
Planning Commission Meeting August 7, 2013
Commissioner Brinkman inquired about access to the second level of the
building. Mr. Brixius replied that there is an elevator in the building. Prior
to the city issuing the Certificate of Occupancy, the entire building must
be completed, including the elevator.
Ms. Christiana Greene, Hope Health Care, came forward. She stated that
the facility would be licensed by the Department of Human Services. The
license stated that at each of their facilities staff would go with the clients
into the outdoor recreation area. The space would be designed for tables
with umbrellas and chairs and planters for clients to get fresh air in the
summertime. Ms. Greene stated that the facility would be licensed for
Alzheimer’s patients, security measures would be installed, and doors
would have alarms the same as their current facility in Minneapolis.
Commissioner Dumonceaux inquired whether the trash enclosure was
totally enclosed with a roof since it was adjacent to the outdoor recreation
area. Ms. Greene responded that the refuse would be totally enclosed in
the trash enclosure.
There was no one in the audience that wished to speak at the public
hearing.
Motion by Commissioner Landy, seconded by Commissioner Brinkman
to close the public hearing. All voted in favor. Motion carried.
Mr. Mark Tolvstad, Sjoquist Architects, came forward to answer
questions of the Commission.
Commissioner Houle asked for clarification on the slope of the outdoor
recreation area. Mr. Tolvstad stated it would be preferred to have a little
less slope in the area and may consider looking at a change as long as it
did not affect the parking lot drainage, delivery, the contaminant issue,
access to the trash enclosure, etc. He indicated that due to the recreation
area located on the north side of the building, there would be shade for a
portion of the day.
Mr. Steve Sondrall, New Hope city attorney, commented that verbiage be
added to condition #6 that should read as follows: “Five parking stalls
shall be removed for creation of an outdoor recreation area as proposed
on the applicant’s site plan. This area shall be a minimum of 600 square
feet. Planters must be installed with the outdoor fence to provide some
aesthetic relief within the outdoor recreation area.”
Motion Motion by Commissioner Houle, seconded by Commissioner Landy, to
Item 4.4 approve Planning Case 13-07, request for conditional use permit to
allow an adult day care center located in a CB, community business,
district, planned unit development (shopping center), and site plan
review, 7504-7512 42nd Avenue North, Hope Health Care, petitioner,
subject to the following conditions:
14
Planning Commission Meeting August 7, 2013
1.As Hope Health Care will be the first tenant in this building,
building permits will be required to gain a full certificate of
occupancy for the entire building.
2.Firewall separation must be provided along the ceiling and vertical
walls between Hope Health Care and the adjoining tenants. The
entire facility should have a fire suppression system.
3.Access to the second floor must be secured during the time when
there are no leased tenant spaces on the second floor.
4.The proposed kitchen must be approved by Hennepin County
Environmental Health Services.
5.All other state and license requirements must be met.
6.Five parking stalls shall be removed for creation of an outdoor
recreation area as proposed on the applicant’s site plan. This area
shall be a minimum of 600 square feet. Planters must be installed
with the outdoor fence to provide some aesthetic relief within the
outdoor recreation area.
7.The business may accommodate no more than 70 clients at any one
time, as specified in the petitioner’s letter of request to the city.
Voting in favor: Brinkman, Dumonceaux, English, Gehring, Houle,
Landy, McKenzie, Svendsen
Voting against: None
Absent: Hunten, Nirgudé, Schmidt
Motion approved.
Chair Svendsen stated that the City Council would consider this planning
case at its August 26 meeting and asked the petitioner to be in attendance.
COMMITTEE
REPORTS
Design and Review Chair Svendsen stated the Design and Review Committee met with the
four applicants in July. Mr. Jacobsen reported that no pre-application
Committee
meetings were conducted last week, and he did not expect any new
Item 5.1
planning applications for September.
Codes and Standards Mr. Jacobsen reported that staff was working on several items and would
schedule a Codes and Standards Committee meeting in the near future.
Committee
Item 5.2
NEW BUSINESS Chair Svendsen welcomed the new commissioners.
OLD BUSINESS
Approval of Minutes Motion by Commissioner Landy, seconded by Commissioner
Item 7.1 Dumonceaux, to approve the Planning Commission minutes of July 2,
2013. All voted in favor. Motion carried.
ANNOUNCEMENTS Due to her upcoming retirement, Chair Svendsen thanked Ms. Sylvester
for her many years of service as the recording secretary for the Planning
Commission.
15
Planning Commission Meeting August 7, 2013
Mr. Jacobsen gave a brief update on the City Center project and the
Winnetka Learning Center site.
After an inquiry by Mr. Sargent, Commissioner Gehring volunteered to
be a judge for the city’s RAVE! Award contest.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:55
p.m.
Respectfully submitted,
Pamela Sylvester, Recording Secretary
16
Planning Commission Meeting August 7, 2013