120313 Planningwo
I. CALL TO ORDER
2. ROLL CALL
3. CONSENT BUSINESS
PLANNING COMMISSION MEETING
City Hall, 4401 Xylon Avenue North
Tuesday, December 3, 2013
7:00 p.m.
4. PUBLIC HEARING
4.1 PC 13 -10, Request for comprehensive sign plan and site plan review for remodel
Domino's Pizza, 2720 Winnetka Avenue North, Eric Stadtherr, petitioner
4.2 PC 13 -09, Request for rezoning and comprehensive plan amendment, 9390 and
9398 27th Avenue North, Aaron Baruch, petitioner
4.3 PC 13 -08, Ordinance #13 -08, an ordinance amending text in three areas in
Section 4 -2 of the New Hope city zoning code providing a definition for
driveways; requiring paved driveways for all lots within the City; and
addressing front yards and side yards abutting a street for exterior storage, City
of New Hope, petitioner
S. COMMITTEE REPORTS
5.1 Codes and Standards Committee — next meeting December 10, 5:30 p.m.
5.2 Design and Review Committee — next meeting December 19, 7:30 a.m. (if
needed)
6. NEW BUSINESS
7. OLD BUSINESS
7.1 Approve August 7, 2013, 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 full 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: December 3, 2013
Report Date: November 21, 2013
Planning Case: PC 13 -10
Petitioner: Eric Stadtherr
Address: 2720 Winnetka Avenue North
Project Name: Domino's Pizza Remodel
Project Description: Reconstruction of fagade
Planning Request: Site Plan Review, Comprehensive Sign Plan
I. Type of Planning Request
A. Site Plan Review
B. Comprehensive Sign Plan
II. Zoning Code References
Section(s) 4 -35 Administration - Site plan review
3 -50 (k)(3)i.1 - Comprehensive Sign Plan
III. Property Specifications
Zoning: CB, community business
Location: Northeast corner of Medicine Lake Rd and Winnetka Ave N
Adjacent Land Uses: Residential- Office to the north, High density residential to the east._
Commercial to the west and south.
Site Area: 34,369 square feet or 0.79 acres
Building Area: Approximately 4,000 square feet
Planning District: Planning District 16. The Comprehensive Plan states that the commercial and
multiple - family properties along Winnetka Avenue between Terra Linda
Drive and Medicine Lake Road are in marginal condition. Some of these sites
offer the potential for redevelopment.
Planning Case Report 13 -10 Page 1 12/3/13
IV. Background
Domino's Pizza is currently located in the Midland Shopping Center, located at 2757 Winnetka
Avenue. They have recently purchased the building across the street at 2720 Winnetka Avenue and are
planning on moving their store to that location and will add some interior and exterior renovations.
Domino's Pizza will occupy the southern one -third of the new building and will provide two other for -
lease tenant spaces within the building.
The owners of the Domino's Pizza franchise have reviewed the property at 2720 Winnetka Avenue and
have expressed the desire to update the building's fagade, as well as fix up the remainder of the
property. The fagade update will include replacing the existing brick along the front of the building
with a stone veneer and EFIS panels. The applicant will also extend the glass along the front of the
building to the ground. The remainder of the building will be painted to match the color scheme of the
materials used to update the front elevation.
The applicant stated that some small changes to the property grounds will also be made. These
changes include the resurfacing and restriping of the parking lot, maintenance of the existing fence, the
possible integration of landscaping along Winnetka Avenue, a new pylon sign, the screening of the
rooftop equipment, and the installation of a bicycle parking rack.
Domino's Pizza has started remodeling the inside of the building, including the installation of some
partition walls. In order for the interior walls to properly tie into the outside (front) wall, the applicant
stated that some of the proposed glass work needed to be complete before the Site Plan approval. The
applicant has applied for and received an Administrative Permit to allow for rite remodel of no more
than 25% of the fagade in order to accommodate the interior renovations.
V. Zoning Analysis
A. Plan Description
1. Circulation, Access, Traffic and Emergency Vehicle Access
The placement of the building is not changing. For this reason, the circulation, access and
traffic should remain the same as the historical use of the property. The Domino's Pizza
employees and delivery personnel will park in the back of the property, and will enter and
exit the building from a rear door. Therefore, the movement of delivery vehicles should not
conflict with patrons accessing the parking and front entry doors.
2. Curbing, Sidewalk and Pavement
Public sidewalk exists along Winnetka Avenue and the site is easily accessed by pedestrians.
As a part of the fagade remodel of the building, the applicant will be looking to install
landscaping and decorative concrete along the public sidewalk to add to the aesthetic
appeal of the property. The parking lot configuration and access points onto Winnetka
Avenue will remain the same.
Planning Case Report 13 -10 Page 2 12/3/13
3. Parking
Although the building will not be added on to, the change of occupancy in the building
triggers the need for a recalculation of parking requirements. Restaurant uses require more
parking than retail uses, and must be accounted for to ensure that there is adequate parking
on the premises. The property can either assume the retail /shopping center ratio of 1:200 or
use square footage estimates based on use areas for the proposed restaurant. Tables
showing both calculations are as follows:
The applicant's site plan indicates that there are 54 parking spaces on the property, meeting
the city's minimum code requirements. Domino's Pizza will have to provide a dumpster
enclosure and accommodate for on -site snow storage that would most likely take up
additional parking spaces. With that said, it is anticipated that the property will have
adequate on -site parking even after accounting for these issues.
4. Building
a. Elevation (Design, materials and color). As stated previously, the applicants will be
renovating the exterior of the building by removing the existing decorative brick
and replacing it with a stone veneer and EFIS panels along the front and sides of
the building. The majority of the front fagade will consist of glass windows, four
entry doors and stone veneer. The roof overhang will be refaced with a neutral -
toned material to compliment the new front facade. The concrete block wall along
the sides and rear of the building will be repainted to match the EFIS panels.
The submitted exterior renovations meet the intent of the New Hope Design
Guidelines by using suitable materials and a color palette that will dramatically
enhance the aesthetics of the building.
Planning Case Report 13 -10 Page 3 12/3/13
Ratio
Approximate Square
Required Parking
Footage
Spaces
Retail store, service /shopping
Dining 1:40
288
8
center or convenience food take-
1:200
3,960
20
out/delivery establishment
Kitchen 1:80
448
6
The applicant's site plan indicates that there are 54 parking spaces on the property, meeting
the city's minimum code requirements. Domino's Pizza will have to provide a dumpster
enclosure and accommodate for on -site snow storage that would most likely take up
additional parking spaces. With that said, it is anticipated that the property will have
adequate on -site parking even after accounting for these issues.
4. Building
a. Elevation (Design, materials and color). As stated previously, the applicants will be
renovating the exterior of the building by removing the existing decorative brick
and replacing it with a stone veneer and EFIS panels along the front and sides of
the building. The majority of the front fagade will consist of glass windows, four
entry doors and stone veneer. The roof overhang will be refaced with a neutral -
toned material to compliment the new front facade. The concrete block wall along
the sides and rear of the building will be repainted to match the EFIS panels.
The submitted exterior renovations meet the intent of the New Hope Design
Guidelines by using suitable materials and a color palette that will dramatically
enhance the aesthetics of the building.
Planning Case Report 13 -10 Page 3 12/3/13
Ratio
Approximate Square
Required Parking
Footage
Spaces
Drive -in establishment and
Dining 1:40
288
8
convenience food
Lobby 1:15
196
13
Kitchen 1:80
448
6
Storage 1:1500
668
1
Retail/shopping center
1:200
2520
13
Total parEing with restaurant calculation
411
The applicant's site plan indicates that there are 54 parking spaces on the property, meeting
the city's minimum code requirements. Domino's Pizza will have to provide a dumpster
enclosure and accommodate for on -site snow storage that would most likely take up
additional parking spaces. With that said, it is anticipated that the property will have
adequate on -site parking even after accounting for these issues.
4. Building
a. Elevation (Design, materials and color). As stated previously, the applicants will be
renovating the exterior of the building by removing the existing decorative brick
and replacing it with a stone veneer and EFIS panels along the front and sides of
the building. The majority of the front fagade will consist of glass windows, four
entry doors and stone veneer. The roof overhang will be refaced with a neutral -
toned material to compliment the new front facade. The concrete block wall along
the sides and rear of the building will be repainted to match the EFIS panels.
The submitted exterior renovations meet the intent of the New Hope Design
Guidelines by using suitable materials and a color palette that will dramatically
enhance the aesthetics of the building.
Planning Case Report 13 -10 Page 3 12/3/13
b. Roof Top. The Zoning Code requires that the rooftop equipment shall be painted to
match the building or screened from view. The site plan indicates that the rooftop
equipment will be screened as recommended by staff.
5. Landscaping and Screening
No landscape plan has been submitted with the application, nor was one required. The site
virtually has no landscaped areas and consists entirely of hard surfaces. The applicant
stated that it is Domino's intent to install planters along the sidewalk along Winnetka
Avenue. Future plans should be submitted to indicate how this area will be treated.
6. Lighting Plan
As outlined in the submitted photometric plan, the applicant has met the city's minimum
and maximum lighting standards. The submitted lighting plan indicates that the lights at the
corners of the parking lot will remain and the lights on the west side of the property will be
repaired. Since the current pylon sign will be replaced, the current light standard on the
pylon sign will be removed.
7. Signage
The applicant has submitted a comprehensive sign plan for the building. Included in the
sign plan is the requirement that the individual designated tenant sign areas must be sized
not to exceed 15 percent of the total fagade of the building. The applicant would like each of
the three tenant spaces to have the same amount of signage devoted towards each space.
The applicants are also requesting a new pylon sign that will incorporate an electronic
reader board. The proposed plans indicate that the sign meets the requirements of the
Zoning Code in relation to setbacks and dimensions. The applicant will need a permit for
all new signage on the property.
8. Trash Enclosure
The trash enclosure will be located in the approximate location of the current one along the
rear of the building. The enclosure must be constructed with walls of architectural elements
similar to the renovated building.
9. Design Guideline Compliance
The proposed face lift includes architectural elements that are consistent with good design.
The color scheme includes warm tones, the building design includes a mix of textures and
building materials, and the building will incorporate a new comprehensive sign plan. For
these reasons, the proposed face lift is consistent with the New Hope Design Guidelines.
B. Zoning Code Criteria
1. Site plan review
Modification of or additions or enlargements to a building, or buildings, accessory site
improvements, and /or land features of a parcel of land that result in the need for additional
parking or increase the gross floor area of the building by 25 percent or more require site
plan review. The proposal will modify the outside of the building by adding a new fagade.
Planning Case Report 13 -10 Page 4 12/3/13
Criteria. In making recommendations and decisions upon site and building plan review
applications, the staff, planning commission and city council shall consider the compliance
of such plans with the following standards:
(1) Consistency with the various elements and objectives of the city's long range plans,
including, but not limited to, the comprehensive plan.
Findings. The city's long -range plan is for continued redevelopment, expansion, and
renovation of the city's commercial areas. This proposal is consistent with the
Comprehensive Plan and specifically District 16, which calls out for the
redevelopment of the commercial areas between Terra Linda Drive and Medicine
Lake Road along Winnetka Avenue.
(2) Consistency with the purposes of this Code.
Findings. The proposal is generally consistent with the purposes of the Code.
(3) Preservation of the site in its natural state, insofar as practicable, by minimizing tree
and soil removal, and designing any grade changes so as to be in keeping with the
general appearance of neighboring developed or developing areas.
Findings. The site is already nearly fully impervious and preservation is not a
concern. The applicant will be improving the property by adding decorative
planters, fixing the fence, and repaving the parking lot.
(4) Creation of a harmonious relationship of buildings and open spaces with the terrain
and with existing and future buildings having a visual relationship to the proposed
development.
Findings. Staff believes the proposal for site and building is adequate and will be of
a harmonious nature.
(5) Creation of a functional and harmonious design for structures and site features
including:
a. Creation of an internal sense of order for the various functions and buildings
on the site and provision of a desirable environment for occupants, visitors
and the general community.
Findings. The proposed face lift to the building will help create a more
desirable location for the occupants, visitors and the general community.
b. Appropriateness of the amount and arrangement of open space and
landscaping to the design and function of the development.
Findings. No useable open space exists.
c. Appropriateness of the materials, textures, colors, and details of construction
as an expression of the design concept of the project and the compatibility of
the same with the adjacent and neighboring structures and functions.
Findings. The proposed building materials and colors are consistent with the
intent of the New Hope Design Guidelines.
Planning Case Report 13 -10 Page 5 12/3/13
d. Adequacy of vehicular, cycling and pedestrian circulation, including
walkways, interior drives and parking, in terms of location and number of
access points to the public streets, width of interior drives and access points,
general interior circulation, separation of pedestrian, cycling and vehicular
traffic and arrangement and amount of parking so as to be safe, convenient
and, insofar as practicable, compatible with the design of proposed buildings,
structures and neighboring properties.
Findings. The applicant is not proposing any changes to the number of
parking stalls on the property. Per staff's request, the applicant will be
installing a bicycle parking rack to help accommodate pedestrian traffic.
(6) Creation of an energy - conserving design through design, location, orientation and
elevation of structures, the use and location of glass in structures, and the use of
landscape materials and site grading.
Findings. Due to limitations of the existing site and building the inclusion of energy -
conserving design is difficult.
(7) Protection of adjacent and neighboring properties through reasonable provisions for
such matters as surface water drainage, sound and sight buffers, preservation of
views, light and air, and those aspects of design, not adequately covered by other
regulations, which may have substantial effects on neighboring land uses.
Findings. The applicant has submitted a lighting plan to ensure that there is no light
pollution onto adjacent properties. The plans also indicate a new trash enclosure,
which will screen the dumpster from views along the right -of -way, etc.
C. Design and Review Committee
The Design and Review Committee met on November 14, 2013, to consider the proposal. The
committee was generally supportive.
D. Approval
1. Type of Approvals
a. Site plan review — quasi - judicial
b. Comprehensive Sign Plan
2. Timeline
a. Date Application Deemed Complete: November 8, 2013
b. End of 60 -Day Decision Period: January 9, 2014
c. End of 120 -Day Decision Period: March 10, 2014
VI. Petitioner's Comments
Petitioner's comments are attached.
Planning Case Report 13 -10 Page 6 12/3/13
VII. Notification
Property owners within 350 feet of parcel were notified by mail and a legal notice was published in the
SunPost newspaper. Staff has received some questions regarding the development, but none in
opposition to it.
VIII. Summary
Domino's Pizza is requesting a Site Plan Review in order to remodel the exterior of the building. They
propose to replace the existing decorative brick with a stone veneer and EFIS panels and to paint the
remainder of the building to match the new building materials. A Comprehensive Sign Plan was also
applied for to ensure that each tenant will have the same amount of signage, not to exceed 15% of the
total wall face of the building, while meeting all other requirements of the Sign Code. A new pylon
sign will also be added to the property.
Along with the exterior improvements, the applicants will be resurfacing and restriping of the parking
lot, fixing the existing perimeter fence, installing landscaping along Winnetka Avenue, screening the
rooftop equipment, and installing a bicycle parking rack.
IX. Recommendation
Staff recommends that the Planning Commission recommend approval of the proposed Site Plan
Review and Comprehensive Sign Plan with the following conditions of approval:
1. A detail of the proposed screen fencing around the rooftop equipment must be provided.
2. The parking lot area must be striped.
3. A detail of the trash enclosure must be provided with elevations indicating building
materials.
4. The existing perimeter fence must be repaired.
5. A detail of the planters and decorative concrete treatment along Winnetka Avenue North
must be provided.
6. Lighting at the rear of the building must be 90 degree cutoff lighting so as not to impact
adjacent residential properties.
7. The site plan must be revised to show the location for the new multi-tenant sign that meets
the required ten -foot setback from the property line.
8. Sign permits must be obtain for all site signage.
Planning Case Report 13 -10 Page 7 12/3/13
9. The new electric reader board sign must comply with signage regulations as outlined in
Section 3- 50(k)(3)f of the Sign Code.
Attachments:
• Planning consultant memorandum (11/25/13)
• Location map
• Application
• Comprehensive Sign Plan
• Applicant narrative
• Plans
• Design and Review meeting notes (11/14/13)
• Application log
Planning Case Report 13 -10 Page 8 12/3/13
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 783.231.2555 Facsimile: 753.231.2581 planners@nacplanning.com
MEMORANDUM
TO:
Curtis Jacobsen
Jeff Sargent
FROM:
Emily Shively /Alan Brixius
DATE:
November 25, 2013
RE:
New Hope — Domino's Pizza Site & Building Plan Review; 2720
Winnetka Avenue North
FILE:
131.01 -13.06
BACKGROUND
Domino's Pizza has purchased the former convenience market at 2720 Winnetka
Avenue North. The building exterior will be renovated and the existing building
reconfigured for three tenant bays; the southernmost will be occupied by the Domino's
Pizza restaurant. The site is zoned CB — Community Business; restaurants and retail
businesses are permitted uses.
Preliminary plans were reviewed by staff and the Design and Review Subcommittee of
the Planning Commission on November 14, 2013. The applicants submitted revised
plans dated November 22, 2013. This memo reviews the revised plans for compliance
with the New Hope Design Guidelines and performance standards in the ordinance.
SITE AND BUILDING PLAN REVIEW
Building Exterior. The applicants will be renovating the building exterior without
substantially altering the building architecture or design. The existing decorative brick
will be removed and replaced with a stone veneer and EFIS panels along the front and
sides of the buildings. The majority of the front fagade will consist of glass windows and
four entry doors. The roof overhang will be re -faced with neutral -toned material to
complement the stone veneer. The concrete block wall in the rear will be repainted to
match the new EFIS panels.
The submitted exterior renovation plans meet the recommendations of the New Hope
Design Guidelines with regard to building materials and color, fagade treatment, and
window and door openings. The revised plans indicate that rooftop equipment
screening will be installed as recommended by staff; a detail of the proposed fencing
material should be submitted to ensure that the selected materials complement the
building's updated exterior design (Section 4- 3(b)(5)c.).
Parking. The existing parking lot surface is in generally good condition, although some
maintenance is needed. The applicants must indicate their plans for improving the
parking lot surfacing. The parking lot must be striped per ordinance standards. Curb
stops must be installed at the edge of parking along Winnetka Avenue North.
Required spaces. The revised site plan shows 47 spaces on the property. An
additional 10 spaces are shown on the gas station property to the south which seems to
indicate that there is a shared parking or access agreement for these spaces; the
applicant must provide documentation of any shared access or parking easement or
agreement with the adjacent property.
An estimate of parking requirements by ordinance standards can either assume the
retail /shopping center ratio of 1:200 for the site or use square footage estimates based
on use areas for the proposed restaurant. The two different parking calculations are
provided below:
Approximate Required
Ratio Square Feet Parking
Spaces
Retail store, service/ shopping
center or convenience food take-
1:200
3960
20
out/delivery establishment.
Dining 1:40
288
8
Drive -in establishment and
Lobby 1:15
196
13
convenience food.
Kitchen 1:80
448
6
Storage 1:1500
668
1
(Total: 28)
Retail /shopping center
1:200 -
2520--
- - - -13 _ - --
Total parking with restaurant calculation
41
Sufficient off - street parking has been provided under both scenarios. The revised site
plan shows locations for two disability parking spaces as required by ADA guidelines.
The applicants have also proposed the installation of two bike racks near Winnetka
Avenue North to accommodate bicycle parking on the site. This amenity is encouraged
by Goal 6 of the City -wide General Goals in the Comprehensive Plan which is to
promote bicycle and pedestrian movements throughout the city by providing bicycle
support facilities to encourage use.
The site plan also indicates an area for snow storage at the southeast corner of the
property. The proposed snow storage area will occupy approximately three parking
PA
spaces; the number of stalls provided on the site exceeds the number required so
sufficient parking will still be available with this seasonal use.
Trash Enclosure. The trash enclosure will be located in the approximate location of the
existing trash enclosure at the rear of the building. The existing enclosure is screened
with slatted chain link fencing. The applicant must submit an elevation detail of the
proposed trash enclosure materials; the enclosure must be constructed with walls of
architectural elements similar to the renovated building (Section 4- 3(b)(6)i.).
Fencing /Screening. An existing chain link fence runs along the rear and portions of the
side lot lines. The portion of the fence along the north property line adjacent to an
apartment building utilizes plastic slats to provide some screening of the parking lot.
The fence along the east and south property lines is in generally good condition, except
for portions of the fence that are leaning outward (likely due to snow storage impacts).
The damaged portions of the fence must be repaired.
There is no additional landscape screening along the property lines; some vegetation
exists on the other side of the fence that provides some screening for adjacent
properties.
Section 4- 3(d)(3)d.2. states that commercial fencing abutting residential districts should
provide a solid screening effect. The existing fence, including the slatted chain link
fence, is fairly transparent. However, this is an existing condition that has been in place
for some time and may be allowed to continue as long as the fence is maintained in
good condition.
Landscaping. A landscape plan has not been submitted; the site currently contains no
landscaping and is paved in its entirety. Section 4- 3(d)(4)6. mandates a landscape plan
for all income - producing property. The revised site plan indicates an area for planters
and decorative concrete adjacent to the sidewalk along Winnetka Avenue North. The
applicants must provide additional details as to the type, size, and specific location for
these treatments.
Lighting_ The parking lot is currently illuminated by fixtures attached to utility poles at
the corners of the lot and one fixture attached to the existing pylon sign. The pylon sign
will be removed and replaced with a new backlit sign. The submitted lighting plan
indicates that the lights at the corners of the parking lot will remain and the lights on the
west side of the property will be repaired. The lighting plan indicates that the parking lot
lighting type and intensity will remain the same. The utility pole mounted lighting does
not meet required setbacks, but may be considered a legally non - conforming condition.
The applicants are proposing new recessed lighting under the entry canopy and new
wall pack lighting at each door along the rear of the building. The wall pack lighting at
the rear of the building must be 90 degree cutoff down - lighting so as not to impact
adjacent residential properties.
Signs. Three tenant wall signs and one freestanding multi- tenant sign with one
changeable copy panel have been proposed. The multi- tenant sign meets ordinance
requirements for sign type, size, and height.
The revised site plan shows the location of the existing sign pole, but the location for the
new multi- tenant sign has not been clearly indicated. The sign must be set back ten
feet from the property fine (the site plan graphic appears to indicate the new sign
straddling the bike racks near Winnetka Avenue North; if this is the case, the sign does
not meet the required setback in this location). The submitted graphic for the multi -
tenant sign indicates that it is approximately 12'4" wide; after meeting the ten foot
setback requirement, the sign location must not interfere with traffic circulation and the
base of the sign must be protected by a curbed island or bollards. A revised site plan
must be submitted to show that the proposed sign meets required setbacks. The area
around the base of the freestanding sign must be landscaped (Section 3- 500)(14)).
The wall signs meet ordinance performance standards with regard to size; however, it is
recommended that the central tenant wall sign be reduced in height so as not to cover
the trim on the building. The submitted plans constitute a comprehensive sign plan for
the multi- tenant building per Section 3- 50(k)(3)i.; sign permits must be obtained for all
signs.
Additional Comments. There appears to be the remnant of a sign base near the
sidewalk on the west side of the property. The applicant should indicate what will be
done with this feature. The parking lot has a large area of loose sand on the east side;
this should be removed.
RECOMMENDATION
The proposed Domino's Pizza restaurant and new retail bays are permitted uses in the
C -13 District. The building exterior renovations meet the performance standards in the
ordinance and recommendations of the design guidelines. Adequate off - street parking
has been provided for the new uses of the building. We are recommending approval of
the site and building plan with following conditions:
1. A detail of the proposed screen fencing around rooftop equipment must be
provided.
2. The parking lot must be striped.
3. A detail of the trash enclosure must be provided with elevations indicating
building materials.
4. The existing perimeter fence must be repaired.
5. A detail of the planters and decorative concrete treatment along Winnetka
Avenue North must be provided.
4
6. Lighting at the rear of the building must be 90 degree cutoff lighting so as not to
impact adjacent residential properties.
7. The site plan must be revised to show the location for the new multi- tenant sign
that meets the required ten foot setback from the property line.
8. Sign permits must be obtained for all site signage.
5
Location Map
2720 Winnetka Avenue
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PLANNING
APPLICATION TO PLANNING COMMISSION AND CITY COUNCIL
City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428
Basic Fee De
Case No. - �� 6500 air LL001G®
Planning Deadline.
Receipt No.
Received by
Name of Applicant: _ r = c. S-re. 7 t.,h err Phone: 3 ZU-
Applicant Address 0 . & OA '716 7I,_. _ m Al a -j
Street Location of Property: 2 7 L O W i n e r_. t ka Pm. N. PID: 2y w r i V - Z1 ; j 06 S2
Legal Description of Property:
, � ee A - fte, ch ,,
OWNER OF RECORD: Name: k IICuWna ,}
Address: A0. Lac ?x °7 IJf jl ,Mr MAI c &Zvi
Home Phone: Work Phone: S 20 • 2,3_j' -- $ J'77 Fax:
Applicant's nature of Legal or Equitable Interest:
-R eDI GS en u t, dc� e /' um e y
Type of Request: (pertaining to what section of City Code) 9 - 3S'
Please outline Description of Request: (use additional pages if necessary)
/�em� ✓� �i37�� ,�L�r ;c.1G �N1�-lr I %�.�e �d. G�nd t.1�`�*Gll II�,W�
— rte Plt �' , S S S� a" �► 017 02JA A
Why Should Request be Granted: rJ7 i,�� r �� _ -14e 1W"A ir4nte cam' Ae
(attach narrative to application form if necessary)
1 -13
Applicant acknowledges that before this request can be considered and /or approved, all fees, including the
basic zoning fee and any zoning deposits (as outlined in the attached application materials) must be paid to
the city and that, if additional fees are required to cover costs incurred by the city, the city manager has the
right to require additional payment.
The city hereby notifies the applicant that state law requires that the development review be completed
within 60 days from the city's acceptance of this application. If the development review cannot be
completed within 60 days, regardless of the reason, the city shall extend the review completion deadline
an additional 60 days as also permitted by state law. Development review shall be completed within 120
days unless additional review extensions are approved by the applicant in writing. The Community
Development Department will notify you of all meetings.
Signed: 1I14m r1 mye-5 Z .—^--
Fee Owner (print or type name)
Applicant Other than Owner (print or type
FOR CITY USE ONLY
Evidence of Ownership Submitted: Yes No Required
Certified Lot Survey: Yes No Required
Legal Description Adequate: Yes No Required
Legal Ad Required: Yes No Required
Date of Design & Review Meeting:
Date of Planning Commission Meeting:
Approved: Denied:
By Planning Commission on:
Approved: Denied:
By City Council on:
Subject to the following conditions:
IT A
Legal Descrintiop of Real Prole
All that part of the following described tract:
The South 190 feet of the following described tract, Lot 1 except that part thereof embraced in
the plat of Rosalyn Court, Block 1, Lamphere's Terra Linda, which lies East of a line drawn
parallel with and distant 42 feet East of the West line of Section 20, Township 118, Range 21.
Hennepin County, Minnesota
Torrens Property
Torrens Certificate No. 1135016
PLANNING
DESIGN & REVIEV MEgTING CHF_CKLI'ST
All construction projects that require Planning .Commission and City Council approval must be introduced
to city staff at a.scheduled. °pre - application meeting," These are held at 8.a..m. one week before the Friday
tiling deadline listed on the attached schedule Please call 763- 531- 5119 or 763 -531 -51.10 to reserve a
time at a " pre- application meeting." In addition to a Planning Commission application, fees and evidence .
of title, each proposal MUST include all of the starred ( *) data:
*Project Name: NeW Qom,'rAgS *.Applicant: i r14, Sid -tALrr
*Address: 1720 w AP1 &-r 9A ire JV R *Value of Construction: $ ' W ' , aQQ
*Land Owner- au kAu n j r,,7 - c j +t L Planning Case No.
1. 20 set of blueprints (industrial) 15 sets blueprints /plans (residential)
Electronic copy of plans (CD or email) formatted to print maximum size
11" x 17"
* 2 sets color renderings
* One set of 8 1/2 x 11 reductions
2. 20 current lot surveys with legal description
3. * Detailed site plans designed and signed by a registered. architect
* All setbacks to property lines
* All building locations and dimensions
Adjacent building locations
Aajaceni ounaing an iano use
* Adjacent streets
* Existing and finished grading and drainage plans, with erosion control
* Exterior lighting plans (building and parkingiots)
* Refuse storage and required screening
* Utility connections: water, sanitary and storm sewer
Lot coverages: Building %
Green Area %
Asphalt %
100%
Sign plan and details
4. * Traffic circulation and parking plan including:
* Access points
* Sidewalk plans, public and private
* Parking areas with all dimensions
Internal truck loading and maneuvering areas with dimensions (50' r for
semis)
* Type and locations of curbing
* Snow storage (Area = 10% of asphalt)
5. * Detailed landscape plan and schedule illustrating the following:
* Location of existing plantings
* Location of proposed plantings
* Size of plants
* Type of plants (species)
Number of plants
Lawn irrigation plan
* Specify "boulevard trees" close to property lines (minimum Vim
diameter)
6. * Exterior elevations and floor plans designed by a MN registered architect
* Building materials
Special details and-features .-{&ecur-ity,_.amenities, etc.
* Fire protection sprinkler system, if included
* Layout and dimensions in plan review
* l Rooftop and ground- mounted equipment
I eirt��fea to of Title
"See notice of Correction (1)
Certificate Number: 1374188 Created by Document Number: 5112751
Transfer From Certificate Number: 1135016
Originally registered November 18, 1955 Volume:806, Certificate No: 244759, District Court No: 12708
State of Minnesota S.S.
County of Hennepin
This is to certify that
Registration
Kaukauna of Minnesota, LLC, a Minnesota limited liability company, whose address is P.O. Box 795, Willmar, Minnesota, 56201;
is now the owner of an estate in fee simple
In the following described land situated in the County of Hennepin and State of Minnesota:
All that part of the following described tract:
The South 190 feet of the following described tract, Lot 1 except that part thereof embraced in the plat of Rosalyn Court, Block 1,
Lamphere's Terra Linda,
which lies East of a line drawn parallel with and distant 42 feet East of the West line of Section 20, Township 118, Range 21.
Subject to utility and drainage easements as shown on plat;
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota statutes
chapter 508, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application as Is allowed by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
Memorials
Document
Number
Document Type
Date of Filing
Month Day, Year Time
Amount ($)
Running in Favor Of
The name of the above fee owner has been corrected by changing
"Kaukauba of Minnesota, LLC" to "Kaukauna of Minnesota, LLC." In
5129077
Correction
Oct 31, 2013 11 AM
future certificates of title omit the memorial of this Correction.
Indexes Verified through 1011612013
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed the seal of my office this 3rd day of September, 2013.
Martin McCormick
Registrar of Titles,
n and for the County of Hennepin and State of Minnesota.
Certificate Number: 1374188 Page 1 of 1
COMPREHENSIVE SIGN PLAN
2720 Winnetka Avenue North, New Hope, Minnesota
PURSUANT TO the Code of Ordinances of New Hope, Minnesota, Sec. 3 -50 (the
"Code ") this Comprehensive Sign Plan (the "Plan ") is submitted to the City of New Hope (the
"City ") as part of the building permit application (the "Application ") submitted by Kaukauna
of Minnesota, LLC, a Minnesota limited liability company (the "Applicant ")
RECITALS
A. Applicant purchased a three - tenant building in the City of New Hope addressed as 2720
Winnetka Avenue North, New Hope, Minnesota (the "Building ");
B. Applicant plans to remodel the Building's fagade and replace the signage thereon;
C. Pursuant to Section 3 -50 (k)(3)(i)(1) of the Code, Applicant submits this Comprehensive
Sign Plan as part of its building permit application; and
D. Applicant has prepared a rendering illustrating the location and size of proposed signage
on Applicant's Building attached hereto as Exhibit A and a rendering illustrating the size
of a proposed freestanding sign attached hereto as Exhibit B.
NOW, THEREFORE, pursuant to Section 3 -50 (k)(3)(i)(1) of the Code of Ordinances
of New Hope, Minnesota, the Applicant submits this Comprehensive Sign Plan stating as
follows:
1. Sign location
a. Domino's Pizza Building's western fagade facing Winnetka Avenue North above
the window panels of the tenant unit on the south end of the Building.
b. Tenant 2 . Building's western fagade facing Winnetka Avenue North above the
window panels of the tenant unit in the center of the Building.
c. Tenant 3 . Building's western fagade facing Winnetka Avenue North above the
window panels of the tenant unit on the north end of the Building.
2. Sign area
a. Domino's Pizza Less than 58 square feet.
b. Tenant 2 . Less than 58 square feet.
c. Tenant 3 . Less than 58 square feet.
[ 14033- 0005 /1630700/11
3. Sign height
a. Domino's Pizza 3' -7 1/16"
b. Tenant 2 . 2' -0"
c. Tenant 3 . 2' -0"
4. Scaled building elevations
a. Domino's Pizza See attached Exhibit C.
b. Tenant 2 . See attached Exhibit C.
c. Tenant 3 . See attached Exhibit C.
5. Scaled floor plan that outlines tenant bays
a. Domino's Pizza See attached Exhibit D.
b. Tenant 2 . See attached Exhibit D.
c. Tenant 3 . See attached Exhibit D.
6. Identification of sign design
a. Domino's Pizza Backlit illuminated sign.
b. Tenant 2 . To be determined.
c. Tenant 3 . To be determined.
7. Sign construction drawings (sections)
a. Domino's Pizza See attached Exhibit A
b. Tenant 2 . See attached Exhibit A
c. Tenant 3 . See attached Exhibit A
8. Additional information Not applicable
[14033 - 0005'1630700-1]
Submitted thisl of / bze- 2013
Kaukauna of Minnesota, LLC
By'— L
Its: Gds e. - l y1 ,
(14033 - 0005!1630100;11
EXHIBIT A
Tenant Sign Renderings
23'-110'44-
T
TENANT t
I.
I II t
.050'X s RETURNS F 5"
.05WX S'ALUMINUM RETURNS
EXTERIOR FINISI+. WHITE
EXTERIOR FINISH: PM5307BWE
FINISH: REFLECTIVEWHITE
FINISH: REFLECTIVEWHrTE
h` rs4
TRIM CAP i
TRIM CAP:
11 5 2
ALUMINUM BAFFLE— —
ALUMINU 6 A FFI E
—
ELECTRICALOUT PROVISION
ELECTRICAL OUT PROVISION 0
17
3/16'7328 WHITE ACRYLIC
FACE wl I sr SURFACE VINYC_
3/16 7?'28 WHITE ACRYLIC
FACEW/15TSURFACEVINYL
r r=
��.�.
Z� LW_j
ALUMINUM RACEWAY --
LED POWER SUPPLIES
ALUMINUM RACEWAY
LED POWER SUPPUES_
f24
AS REQUIRED
AS REQUIRED
16-0 11/16"
.063"ALUMINUM BACK
.06rA_UM1NUM BACK
WHITE LED'S AS REQUIRED
WHITE UEC•SAS REQUIRED
DRAIN HOLE
DRAIN HOLE
GRAPHIC DETAIL
LOGO PROFILE
LETTER PROFILE
SCALE: 1/4 " = 1' -0"
SCALE: WS
SCALE NTS
NOTE: Elevation
drawings are for customer -approval only, drawings are not to be used as any installation guide, all dimensions must be verified More installation.
cu.twmt:
D a te:
Prepared By:
DISTRIBUTED BY SIGN UP COMPANY
DOMINO'S
10/15113
CM/PKE
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1 11) 21srStmn Sowhwsr
is= 210
Location:
File Name:
Eng.
NEW HOPE, MN
123591 - R2-24” CL
I
Watermn, SD 5"
.
1 (BOG) 843-9888 - ummperson2signscom
EXH IBIT A
NOTE: Elevation drawings arc for customer appro -i•al only; drawings are. not to be used as any installation slide, all dimensions must be verified before Installation.
Customer: _ -_
DOMINOS Date: PrepnredBy ` -a : Ghn M R�h�2na- ��Carh..ued�RP)(SmM1eda k = q �' *+ , pr.�s DISTR13UTEDBY SIGN UpCQMPANY
1A CArlOn:
10/15/13 CM /PKE •w.a.tmn�.x...n.. wda.. r�oon a�rusm:,n,an.nn�.me.tw�.a�...,.
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NEW HOPE, MN 123591 - R2 -24" CL E " g 1Catcivim, 5D 57201 -0210
S/6NIIli4A'EBS1/b1A6EBUILOfBS 1( 800)84 }9888• w-wwpetsonasigns.eom
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TENANT
Dominos
ATCHFIRE
MESSAGE
CENTER
7w3aw X 41 ow
THE ID CABINET I
7' ''WIDE X 8'1" MALL
I2� APPROX.
EXHIBIT B
Freestanding
Sign
N
O
a
r
r
5a SF
r L
WEST EXTERIOR ELEVATION
74'=
EXHIBIT C
Scaled Building Elevations
58 SF
58 SF
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EXHIBIT D
Tenant Floor plan
RIM
Domino's Pizza along with Kaukauna of Minnesota, LLC (owner is the same), propose to
renovate the exterior of the building's fagade as per attached drawings, located at 2720
Winnetka Ave N. Along with the exterior fagade change, Domino's Pizza will be doing
an interior build out for a new store in the southern one third of the building and have the
operating hours from 10 a.m. to 3 a.m. seven days a week. The remainder of the interior
portion of the building will be developed into two other rental spaces. Upon completion
of the exterior and interior renovation of the building, Domino's Pizza will relocate from
its existing location at 2757 Winnetka Ave N.
ULTIMATE CHALLENGE — PO Box 795 — Willmar, MN 56201 — 320 - 235 -8277 — Fax 320 - 235 -7550
DOMINO'S PIZZA
NEW HOPE, MN
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DESIGN & REVIEW COMMITTEE
November 14, 2013
Committee: Houle, Nirgude, Svendsen, McKenzie, English
The Development Review Team met on November 13 to consider a request for a Site Plan Review and
Comprehensive Sign Plan.
Staff: Jacobsen, Axel, Coone, Fournier, Rader, Sargent, Wolf
Consultants: Brixius
PLANNING CASE: 13 -10
PROJECT: Site Plan Review, Comprehensive Sign Plan
ADDRESS: 2720 Winnetka Avenue
ZONING: CB, Community Business
PROPERTY OWNER: Kaukauna of Minnesota, LLC
APPLICANT: Eric Stadtherr
DESCRIPTION: The applicant is requesting a Site Plan Review and a Comprehensive Sign Plan in order
to construct a new fagade and incorporate new signage for the building located at 2720 Winnetka
Avenue.
The Development Review Team was supportive of the request and had the following comments:
Existing Conditions
• Applicant is planning on locating into the building and will remodel the interior to fit their needs.
The remaining two tenant bays will be leased out at a later time.
• The applicant has applied for an Administrative Permit to remodel a portion of the exterior, so
that an interior dividing wall can be properly tied into the front facing wall.
o The Administrative Permit would allow the applicant to install the bottom row of glass as
depicted on the building elevations.
Comments
• On -site parking is adequate, even with the proposed changes to the use of the building.
0 41 parking stalls are required with new restaurant use
o Site plan indicates 54 on -site parking stalls
• The site plan indicates only 1 handicap accessible parking stall. 3 handicap accessible parking
spaces with access aisles are required by Code.
• The freestanding sign will be remodeled and will have 2 posts instead of 1. An updated plan is
required to show the dimension of the sign area on the sign
o Staff had some concerns over how the sign would be protected from motorists accessing
the parking lot. Currently, there are no protection barriers.
• The proposed building materials and colors meet the minimum requirements of the New Hope
Design Guidelines.
o Exterior finished include a stone veneer and EFIS panels along the front and side and new
windows along the front.
o The concrete block wall will be repainted to match the EFIS color.
• Applicant must submit revised site plans indicating the location of the trash enclosure.
o A detail of the enclosure must also be included - must be constructed of the same
building materials as the principal structure
• The damaged portions of the existing fence along the east and south property lines should be
repaired.
• No landscaping plan was required. Staff would like to explore the possibility of the applicant
installing a landscape area adjacent to the sidewalk along Winnetka.
• The applicant should submit a lighting plan per Section 4- 3(b)(5) to ensure adequate lighting of
the property.
• The parking lot has a large area of loose sand on the east side. This should be cleaned and
removed.
• The remnant of a sign base near the sidewalk on the west side of the property needs to be
addressed. What will be done with this?
ATTACHMENTS:
• Application
• Narrative
• Plans
• Maps
• Planning consultant memo 11/13/13
NOTE: REVISED PLAN DEADLINE is Friday, November 22, by 3 p.m.
Planning Commission, Tuesday, December 3, 7 p.m.
City Council, Monday, December 9, 7 p.m.
A.
B.
C.
D.
E.
F.
G.
H.
9
CITY OF NEW HOPE
SPECIAL ZONING PROCEDURES APPLICATION LOG
B C D E F G H
I
Applicant Date Deadline for Date 60- Date 60- Date Deadline Date city Date city
application required day time day Applicant for city approved or sent response
er Name received information limit extension was notified action denied the to Applicant
Address by city expires expires of
Phone Date Applicant P P under application
sent notice of extension extension
information or waiver
was missing
Eric Stadtherr 11/8/13 1/7/14
320 - 894 -8889 3/8/14
Kaukauna of Minnesota, LLC
(Domino's)
P O Box 795
Willmar MN 56201
320 - 235 -8277 (W)
Boxes.A -C and E -F will always be filled out. Whether the other boxes are filled out depends on the city's procedures and the date of a specific application.
Assign each application a number.
List the Applicant (name, address and phone).
List the date the city received the application.
List the date the city sent the Applicant notice that required information was missing. If the city gives such notice, it must do so within 15 business days after the
date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line.
To calculate the 60-day limit, include all calendar days.
To calculate the 60-day extension, begin counting from the day following the first 60-day limit, include all calendar days.
The city will notify the Applicant by mail that a 60-day extension period applies to the application. (The date in Box G must come before the date in Boxes E and F.)
List the deadline under any extension or waiver.
The city must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.)
List the date that the city sent notice of its action to the Applicant. It is best if the city not only takes action within the time limit, but also notifies the Applicant before the
time limit expires.
PLANNING CASE REPORT
City of New Hope
Meeting Date: December 3, 2013
Report Date: November 22, 2013
Planning Case: PC 13 -09
Petitioner. Aaron Baruch
Address: 9398 - 27th Avenue North
Project Name: Gates of New Hope
Project Description: Rezoning of property, Comprehensive Plan Amendment
Planning Request: Rezoning of property, Comprehensive Plan Amendment
I. Type of Planning Request
A. Rezoning
B. Comprehensive Plan Amendment
II. Zoning Code References
Section(s) 4 -32 Administration - Amendments
III. Property Specifications
Zoning: Current: LB, Limited Business
Proposed: R-O, Residential -Office
Location: Northeast corner of Hillsboro Avenue and 27 Avenue (Medicine Lake Rd)
Adjacent Land Uses: High Density Residential to the north and west, Medium Density Residential
to the east, City of Golden Valley to the south.
Site Area: 1.62 acres, or 70,504 square feet
Building Area: NA
Planning District: Planning District 14. The Comprehensive Plan states that the city wishes to
pursue redevelopment of the commercially zoned site at the northeast corner
of Hillsboro Avenue and Medicine Lake Road. The proposal would help
redevelop this area into High Density Residential and would require a
Comprehensive Plan Amendment to do so.
Planning Case Report 13 -09 Page 1 12/3/13
IV. Background
The applicant has purchased the property located at 9398 — 27th Avenue with the intent of constructing
a 21 -unit apartment building on the site. The site is currently occupied by a single - family house and is
zoned LB, Limited Business, which would not allow for an apartment use. For this reason, the
applicant is requesting a rezoning of the property to R -O, Residential — Office, in order to accommodate
his needs.
Staff has reviewed this application and has decided it would be best to also rezone the property to the
east, located at 9390 — 27th Avenue to the Residential — Office zoning classification. Currently, a State
Farm office is located on the property. The R -O district would allow for both high density residential
and the office building as permitted uses.
The Comprehensive Plan guides these parcels for commercial. Planning District 14 specifically states
that the city wishes to pursue redevelopment of the commercially zoned site at the northeast corner of
Hillsboro Avenue and Medicine Lake Road (the subject property). The applicant's proposal to
construct an apartment building on the property would not be consistent with the commercial
guidance of this land. For this reason, a Comprehensive Plan Amendment would be needed to change
the guidance from commercial to high density residential.
During the pre - application and Design & Review meetings, the applicant has expressed the desire to
also purchase the State Farm building in order to pursue a larger project. As of the date of this report,
the applicant has not yet purchased the property.
V. Zoning Analysis
A. Site Plan Review
The applicant is not requesting a Site Plan Review at this time. However, he has submitted a site
plan indicating the size and location of the type of apartment building that he would like to put on
the property. Also included are examples of what the exterior of the building would look like.
Staff has had some conversations regarding this site plan with the applicant. The site plan
indicates a total of 21 units on the property. The property that the applicant purchased is 35,154
square feet, and the R -O District allows up to 1 unit for each 2,200 square feet of land. Using these
calculations, a maximum of 16 units would be allowed. if the applicant meets minim
requirements based on using durable finishes on the building, utilizing underground parking,
having a recreational area and being within 300 feet of public transit, the applicant would be able
to apply for a Conditional Use Permit for a 20% density bonus. Given that the applicant meets all
the minim requirements for the density bonus, he would still only be allowed to have 19 units.
The applicant would like staff to inquire about a possible text amendment to allow higher density
bonuses with the Codes and Standards Committee.
Planning Case Report 13 -09 Page 2 12/3/13
B. Zoning Code Criteria
1. Rezoning
Any request to change the zoning classification of a property requires City Council
approval.
Criteria. The Planning Commission and City Council shall consider possible effects of the
proposed amendment. Its judgment shall be based upon, but not limited to, the following
factors:
(1) The character of the area has changed to warrant consideration of an amendment.
Findings. The parcels were originally zoned Limited Business to accommodate
neighborhood retail and offices. The area has also been identified as a target
redevelopment site. The city has had no considerable proposals to redevelop this
property as commercial, and the surrounding area has been developed into Medium
and High Density Residential properties. It could be argued that a commercial use
on this land would not be considered due to the surrounding uses in the area.
The applicant has also identified that the existing shopping center to the south is
marginal with an unusual mix of tenants and vacancies. He raised the question
whether that type of development would be suitable for his land, and whether that
type of commercial use would prosper in the area. The applicant feels that the
character of the area has changed enough to warrant a high density residential use
rather than a commercial one.
(2) The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official city
comprehensive plan.
Findings. The Comprehensive Plan currently guides these properties as commercial.
For this reason, the proposed rezoning of the land would not be consistent with the
comprehensive plan. The requirement of a Comprehensive Plan Amendment would
-- - be needed.— _
2. Comprehensive Plan Amendment
Staff proposes to amend the Comprehensive Plan to re -guide this area from Commercial to
High Density Residential. The amendment is needed to ensure that the proposed rezoning
of the properties is consistent with the future comprehensive plan. Amending the
properties to guide the area for High Density residential would be consistent with two of
the housing goals as listed in the Comprehensive Plan:
Goal 1: Provide a variety of housing types, styles and choices to meet the needs of
New Hope's changing demographics.
Analysis: The applicant stated that the apartment would be market -rate with
higher -end amenities in each unit, including granite counter tops, etc. The
building would be brand new in a relatively older neighborhood.
Planning Case Report 13 -09 Page 3 12/3/13
Goal 3: Maintain and enhance multiple family residential neighborhoods.
Analysis: This area can certainly be considered a multiple family residential
neighborhood. Adding a brand new building and giving residents a new
housing option would support this residential goal.
C. Design and Review Committee
The Design and Review Committee met on November 14, 2013, to consider the proposal. The
committee was generally supportive.
D. Anvrroval
1. Type of Approvals
a. Rezoning
b. Comprehensive Plan Amendment
2. Timeline
a. Date Application Deemed Complete: November 8, 2013
b. End of 60 -Day Decision Period: January 9, 2014
c. End of 120 -Day Decision Period: March 10, 2014
VI. Petitioner's Comments
Petitioner's comments are attached.
VII. Notification
Property owners within 350 feet of parcel were notified by mail and a legal notice was published in the
SunPost newspaper.
VIII. Summary
The applicant has requested a rezoning of the property located at 9398 - 27th Avenue from LB, Limited
Business to R -O, Residential - Office in order to construct a 19 to 21 - unit apartment building on the
site. When reviewing the area, staff feels that it would be best to also request a rezoning of the
property at 9390 - 27th Avenue in order to be consistent with the surrounding area. A Comprehensive
Plan Amendment is also required in order to ensure that the proposed use of the property would be
consistent with the Comprehensive Plan.
IX. Recommendation
Staff recommends that the Planning Commission recommend approval of the proposed rezoning of the
properties located at 9398 and 9390 - 27 Avenue from LB, Limited Business to R -O, Residential -
Office.
Planning Case Report 13 -09 Page 4 12/3/13
Attachments:
• Planning consultant memorandum (11/25/13)
• Location map
• Application
• Applicant narrative
• Design and Review meeting notes (11/14/13)
• Application log
Planning Case Report 13 -09 Page 5 12/3/13
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 783.231.2569 planners @naeplanning.com
MEMORANDUM
TO: Curtis Jacobson
FROM: Alan Brixius
DATE: November 25, 2013
RE: Gates of New Hope Apartments - Rezoning
FILE NO: 131.01 - 13.0
BACKGROUND:
Mr. Aaron Baruch has submitted application to rezone the property at 9398 27 Avenue
in New Hope from LB Limited Business district to R -O Residential — Office district to
allow for redevelopment of the site to a twenty- one unit apartment building. The site,
located on the corner of Hillsboro Avenue and 27 street, currently contains a single
family home.
REZONING:
Section 4 -32 of the New Hope zoning ordinance outlines the following criteria for
evaluating a rezoning request.
1. The zoning amendment is necessary to correct a past zoning mistake.
Comment: The comprehensive land use plan guides this site for commercial
development and the LB zoning is consistent with the land use plan. This indicates that
the current zoning is not a zoning mistake,
2. The character of the area has changed that warrant consideration of an
amendment.
Comment: The comprehensive plan identifies this site and the property to the east as a
commercial redevelopment target area and the land use plan guides the sites for
commercial land uses. However, the existing land uses to the north and west are high
density residential apartments and condominiums. This land use pattern is compatible
with the applicant's proposal. Additionally, the applicant has identified that the existing
shopping center to the south is marginal with an unusual mix of tenants and vacancies.
He raises the question as to what type of commercial use would be appropriate for this
site and would it prosper. In past years the city has explored the following commercial
proposals for the site without success, convenience store with gas and fast food.
Review of these proposals presented compatibility issues for the surrounding high
density residential properties related to lighting, hours of operation, and outdoor
activities (i.e. gas pumps, drive through service lanes, site deliveries.) The applicant is
requesting the planning commission and city council to reconsider the site zoning,
suggesting that the character of the area is better suited for multiple family residential
than commercial.
3. The proposed action has been considered in relation to the specific policies
and provisions of the comprehensive plans and has be found consistent with
the official comprehensive plan.
Comment: The Comprehensive Plan guides this site for commercial redevelopment
and the Planning district calls for the commercial redevelopment of the single family
home and the adjoining office building at the intersection of Hillsboro and 27 street.
The change in zoning would be contrary to these comprehensive plan
recommendations and will require a comprehensive plan amendment in conjunction
with the rezoning application.
While contrary to the land use recommendations, the proposal can be supported
through the comprehensive policy plan as follows:
Residential Goals:
Goal 3: Maintain and enhance multiple family residential neighborhoods.
Policies:
D. Consider mixed land uses as an alternative land use option in planning and
redevelopment of obsolete residential / retail sites.
Commercial Goals:
Goal 2: Redevelop commercial sites that display building deterioration, obsolete site
design, land use compatibility issues and a high level of vacancies.
Policies:
D. Consider complementary alternative land use s
redevelopment of commercial sites. These land
commercial scale of the area and provide support
uses.
such as mixed land uses in the
uses would serve to reduce the
for the remaining commercial land
2
With the aforementioned criteria, the planning commission and city council is asked to
determine if the change in zoning is consistent with the city vision of this area of the city.
SITE PLAN REVIEW:
At this time the applicant is only requesting a change in zoning, however, at the
direction of city staff the applicant has provided at concept plan that demonstrates how
the proposed site would be developed if this project proceeds.
R -O Residential — Office zoning district, is being requested in that it would allow a
mixture of residential land uses with commercial office uses within the same district.
Within the R -O district multiple family residential uses are allowed as a permitted use
and commercial offices would be allowed by conditional use permit. This district also
allows for a density bonus of up to 20% increase by conditional use permit.
R -O District standards:
*Based on the concept plan and building photographs this building will likely qualify for a
conditional use density bonus to increase the allowed density an additional 20 %. This
would allow under current zoning standards 19 units on this site, with a lot area per unit
of 1,760 square feet. The applicant is proposing between 19 - 21 units; 19 units will
allow the project to conform to density standards as described and should be pursued,
as opposed to a 20, or 21 unit option.
Green space /recreational space required: 35% of the total lot area must be preserved
as open space. In addition, multiple family buildings containing more than eight units
must provide a recreational area of 2000 sq. ft. plus an additional 50 square feet per
unit over 20 units. The applicant's concept plan provides play area of 2000 square feet
in the northeast corner of the site.
Parking: Multiple family dwellings must provide one enclosed stall and one and a
quarter open stalls per unit. Based on a 19 unit building, 24 open stalls are required
and 19 enclosed stalls are required. The applicant's concept plan for the site indicates
3
Required
Proposed
Lot Area:
15000 sq. ft.
35070 sq. ft.
Lot Width (corner lot)
100 ft.
150 ft.
Lot area per unit
2200 sq. ft.
* 1846 sq. ft.
Setbacks:
Front (south)
30 ft.
30 ft.
Side (east)
20 ft.
17.5 ft.
Side (west)
20 ft.
70 ft.
Rear (north)
30 ft.
70 ft.
*Based on the concept plan and building photographs this building will likely qualify for a
conditional use density bonus to increase the allowed density an additional 20 %. This
would allow under current zoning standards 19 units on this site, with a lot area per unit
of 1,760 square feet. The applicant is proposing between 19 - 21 units; 19 units will
allow the project to conform to density standards as described and should be pursued,
as opposed to a 20, or 21 unit option.
Green space /recreational space required: 35% of the total lot area must be preserved
as open space. In addition, multiple family buildings containing more than eight units
must provide a recreational area of 2000 sq. ft. plus an additional 50 square feet per
unit over 20 units. The applicant's concept plan provides play area of 2000 square feet
in the northeast corner of the site.
Parking: Multiple family dwellings must provide one enclosed stall and one and a
quarter open stalls per unit. Based on a 19 unit building, 24 open stalls are required
and 19 enclosed stalls are required. The applicant's concept plan for the site indicates
3
that 27 open stalls and 21 underground stalls will be provided, meeting parking
requirements.
Building Materials: The applicant has provided a photograph of similar style exterior
building finishes for planning commission consideration and comment. Actual building
plans and elevations will be provided at the time of site and building plan review if this
project proceeds.
Future Additional Plans. If the project proceeds to site and building plan review the
following items will be required.
1. Complete building plans and elevations illustrating, exterior finishes, location
and screening of roof top equipment, interior parking layout, and general floor
and unit layouts.
2. Location and access to a trash enclosure either within the building or at an
exterior location.
3. Utility plans.
4. Grading and storm water management plans.
5. Landscape plan.
6. Exterior lighting plan, locations, light fixture details, photometric plan.
CONCLUSION:
The applicant's request to rezone the subject property from LB — Limited Business
District to R -O - Residential Office District will require a comprehensive plan
amendment in conjunction with the rezoning. The comprehensive plan identifies this
site and the property to the east as a commercial redevelopment target area and the
land use plan guides the sites for commercial land uses. Until these sections are
amended to provide for multiple - family residential or mixed use of the site, the rezoning
request is not consistent with the comprehensive plan. This is a policy related decision
for the Planning Commission and City Council to make.
The Planning Commission's Design Review Committee has had an opportunity tc
review the rezoning request, and arrived at the decision that the subject property,
though currently zoned for commercial, is not a strong commercial site. It was
recognized that the character of the area surrounding the subject property tends
towards high density residential or mixed use, as opposed to the broad range of
commercial uses allowed by the LB District. In addition, previous proposals for
implementing commercial uses on the subject property have not gained approval due to
perceived incompatibility between surrounding high density residential uses and
potential commercial activity on the site.
If the Planning Commission agrees on the policy change to guide the subject property
and the adjacent property to the east for multiple - family residential or mixed use
development, planning staff recommends approval of the rezoning request. Planning
staff's review of the submitted concept plan for a multiple - family residential development
4
on the site demonstrates that such a use, with a reduction in unit count to 19, can meet
current R -O District zoning standards with regards to required lot area, width, setback,
and off - street parking standards (though a thorough site plan review is necessary to
make a final determination). Further, rezoning the subject property from LB District to
R -O District would encourage use on the site compatible with surrounding land uses.
In addition, if the rezoning request and comprehensive plan amendment are approved,
the Planning Commission should outline their ideas for land use and site design on the
subject property, to guide the applicant in moving ahead.
P.C.
Jeff Sargent.
Roger Axel.
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PLANNING
APPLICATION TD PLANNING COMMISSION AND CITY COUNCIL
City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428
�? Basic Feeeposit
Case No. �/ � $ q00. co � /f✓ , U�
Date Filed Il '
Receipt No.
Received by
Name of Applicant: Aaron Baruch
PID 19 118 - 21 - 33 - 0009
Street Location of Property:
9398 27TH AVE N
Legal Description of Property:
Municipality: NEW HOPE
Addition Name: HOWLANDS HEIGHTS
OWNER OF RECORD: Name; BARUCH & ASSOCIATES LLC
Address
9705 29TH AVE N Plymouth MN 55441
410- 864 -8183 Work Phone 410- 864.8183 Fax:
Home Phone:
Applicant's nature of Legal or Equitable Interest:
Sax
Type of Request: (pertaining to what section of City Code)
Rezoning property
Please outline Description of Request: (use additional pages if necessary)
We are looking to rezone property located at 9398 Medicine Lake Road. We are requesting rezoning in order to build up to a 21 unit apartment complex.
Please see attached.
Why Should Request be Granted: Please see attached
(attach narrative to application form if necessary)
1 -09
Applicant acknowledges that before this request can be considered and /or approved, all fees, including the
basic zoning fee and any zoning deposits (as outlined in the attached application materials) must be paid to
the city and that, if additional fees are required to cover costs incurred by the city, the city manager has the
right to require additional payment.
The city hereby notifies the applicant that state law requires that the development review be completed
within 60 days from the city's acceptance of this application. If the development review cannot be
completed within 60 days, regardless of the reason, the city shall extend the review completion deadline
an additional 60 days as also permitted by state law. Development review shall be completed within 120
days unless additional review extensions are approved by the applicant in writing. The Community
Development Department will notify you of all meetings.
Aaron Baruch
Signed:
Fee Owner (print or type name)
Applicant Other than Owner (print or type)
FOR CITY USE ONLY
Evidence of Ownership Submitted:
Certified Lot Survey:
Legal Description Adequate:
Legal Ad Required:
Date of Design & Review Meeting:
Yes No Required
Yes No Required
Yes No
Yes No
Required
Required
Date of Planning Commission Meeting:
Approved: Denied:
By Planning Commission on:
Approved: Denied:
By City Council on:
Subject to the following conditions:
[GATES Om NEW HOPE
COMPLEX
PROJECT DESCRIPTION- UP 7nNIVIC2
�L 1 4 0 AL ULAK-449-d %-F ;.- 1: ALL 4 I L-P
REZONING'.-
The land is curTently zorled, light business. This code does, not 0.11ow for an apartment complex.
Dierefore we are. requesting the land to Lv rezoned to Residential Office (R-0).
A map of the area show that this specific property is on the edge oft-he Ixamition between the
commercial and residential areas,
The, commercial corridors have grown along the adjacent side of the street leaving this prop
isolated. The property will not be u successful commercial site. Residential Off zoning offers
ated for families and individuals, "his type
Id value tQ tile neighborhood.
SAMPI'r,E STYLE
- T+ "w w
SAMPLE FLOOR PLANS
JNI - - 25 - 10 ST.
er.� w•. s•. x x a
;- UNIT- IA - 800 S.F.
sc.ue 1w . r.® . x ^w���
November 202
Proposal:
Baruch & Associates is excited to present The Gates of
New Hope. It will be up to a 21 unit apartment complex
located in New Hope, MN at 9398 27` Ave North.
The project will transform the current aging residential
home and lot into a premier apartment complex for
families and +.ndividuals.
IMMEDIATE SURROUNDING USES
The main parcel has fallen in to disrepair. The
development of an apartment complex will transform this
area, putting a finishing touch on the street and corner lot.
NORTH
There are roughly 62 condos directly north of the lot.
The City of New Hope has much to offer to its residents,
and this site can capitalize on those lifestyle benefits and
extend them to many more potential residents. Now is
the time to make this happen.
Project Proposal
The plan proposes utilizing the current parcels located at
9398 27 Ave North and obtain proper rezoning.
P I D: 19-118-21-33-0009
Municipality: NEW HOPE
Addition Name. HOWLANDS HEIGHTS
Lot: 007
Block: 008
SOUTH
Sunny Hollow Ventures Complex is on the south side. It
has commercial space and was built in 1974. Also located
to the South is an McDonalds, gas station and another
apartment complex.
EAST
State Faim Insurance office. It was built in 1953.
Also located East of the property is Sunny Hollow
Elementary School.
WEST
Across the street is the 1111sboro and Burgundy
Apartments. It was built in 1967 and has around 250
units.
DESIGN & REVIEW COMMITTEE
November 14, 2013
Committee: Houle, Nirgude, Svendsen, McKenzie, English
The Development Review Team met on November 13 to consider a request for a rezoning of the
property located at 9398 — 27th Avenue from LB, Limited Business to RO, Residential- Office. A minor
Comprehensive Plan amendment will also be required to reguide the area from Commercial to High
Density Residential.
Staff: Jacobsen, Axel, Coone, Fournier, Rader, Sargent, Wolf
Consultants: Brixius, Long
PLANNING CASE: 13 -09
PROJECT: Rezoning, Comprehensive Plan Amendment
ADDRESS: 9398 — 27 Avenue (Medicine Lake Road)
ZONING: LB, Limited Business
PROPERTY OWNER: Baruch & Associates, LLC
APPLICANT: Aaron Baruch
DESCRIPTION: The applicant is requesting a rezoning of the property located at 9398 — 27 Avenue
from LB, Limited Business to RO, Residential Office, as well as a minor Comprehensive Plan
Amendment to reguide the property from Commercial to High Density Residential. The applicant is
proposing to construct a 21 -unit apartment building on the property in the future, and will apply for the
needed Site Plan Review once his plans are finalized for the development.
The Development Review Team was supportive of the request and had the following comments:
Existing Conditions
• A vacant single - family house sits on the property.
• Applicant will be removing the single - family house and the abandoned well on the lot.
• The applicant has currently listed the single - family house for rent. The Building Official stated
that the house is uninhabitable and would require a site inspection prior to the issuance of a
rental license for the property.
• If the applicant does not wish to pursue a rental license for. the single - family house, the city will
require an affidavit from the applicant stating that the house will be demolished and an escrow in
the amount to cover any demolition costs.
Comments
• The size of the lot (35,154 s.f.) allows for up to 16 units on the property, with up to 19 units
allowed through a Conditional Use Permit if the property meets density bonus requirements.
• The applicant's initial plans indicate that the proposed building will have 21 units.
• Staff will bring this to the next Codes and Standards Meeting to discuss a possible text
amendment to allow for higher densities.
• The proposed zoning from LB, Limited Business to RO, Residential Office would accommodate
high density residential uses as well as office uses.
o The current use of the property as a single- family house does not fit in with the overall
character of the area, nor the changes to the surrounding uses in the area.
o Commercial uses in the area appear to be struggling as illustrated by the vacancies in the
shopping center across the street.
The minor Comprehensive Plan Amendment would allow for the proposed use of the property
while maintaining an overall vision for the city.
• The Metropolitan Council has assigned a 2040 forecast for the City of New Hope in which
the population will increase from 20,339 to 26,800 and the number of households will
increase from 8.665 to 11,800.
• Changing the Comp Plan to reflect a high density residential guidance would be
consistent with the 2040 forecasts.
• Future Additional Plans for Site Plan Review will require:
• Revised Site Plan indicating percentage of green space, proper building setbacks, onsite
parking counts, etc.
• Complete building plans and elevations illustrating exterior finishes, location and
screening of rooftop equipment, interior parking layout, and general floor and unit
layouts.
o Location and access to a trash enclosure either within the building or at an exterior
location.
• Utility plans
• Grading and storm water management plans
• Landscape plans
• Exterior lighting plan, locations, light fixture details, photometric plans.
ATTACHMENTS:
Application
Narrative
• Plans
a Maps
• Planning consultant memo dated 11/13/13
NOTE: REVISED PLAN DEADLINE is Friday, November 22, by 3 p.m.
Planning Commission, Tuesday, December 3, 7 p.m.
City Council, Monday, December 9, 7 p.m.
CITY OF NEW HOPE
SPECIAL ZONING PROCEDURES APPLICATION LOG
A
B
C
D
E
F
Appli-
cation
Applicant
Date
Deadline for
Date 60-
Date 60-
number
Name
application
required
day time
day
Address
received
by city
information
limit
Tres
extension
Phone
Date Applicant
ex p
expires
pires
sent notice of
information
was missing
13 -09
'
Aaron Baruch
11/7/13
116/14
9705 2e Ave N
Plymouth, MN 55441
410 -864 -8183 (H)
410 - 864 -8183 (W)
G
H
I
J
Date
Applicant
was notified
Of
extension
Deadline
for city
action
under
extension
Date city
approved or
denied the
application
Date city
sent response
to Applicant
or waiver
Boxes A -C and E -F will always be filled out Whether the other boxes are filled out depends on the city's procedures and the date of a specific application.
A. Assign each application a number.
B. List the Applicant (name, address and phone).
C. List the date the city received the application.
D. List the date the city sent the Applicant notice that required information was missing. If the city gives such notice, it must do so within 15 business days after thi
date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line.
E. To calculate the 60-day limit, include all calendar days.
F. To calculate the 60-day extension, begin counting from the day following the first 60 -day limit, include all calendar days.
G. The city will notify the Applicant by mail that a 60 -day extension period applies to the application. (The date in Box G must come before the date in Boxes E and F.)
H. List the deadline under any extension or waiver.
I. The city must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.)
J. List the date that the city sent notice of its action to the Applicant It is best if the city not only takes action within the time limit, but also notifies the Applicant before the
time limit expires.
PLANNING CASE REPORT
City of New Hope
Meeting Date: December 3, 2013
Report Date: November 7, 2013
Planning Case: 13 -08
Petitioner: City of New Hope
Request: Text Amendment for Driveways
I. Request
On April 10, 2013, the Codes and Standards Committee reviewed a text amendment proposal related to
requiring all driveways in all districts in the City of New Hope to be hard surfaced. Currently, the City
of New Hope does not require paved hard surfaced driveways within its R -1, Single Family and R -2,
Single and Two Family Residential Zoning Districts. Recently, the City received notice of a driveway
permit to remove a deteriorated paved driveway and its replacement with a gravel driveway. The
request raised concerns related to the neighborhood design, runoff from gravel driveways, and motor
fluids being absorbed into the ground.
The purpose for requiring hard surface driveways is both environmental and aesthetic. A hard surface
(impervious) driveway is dust -free, reducing the amount of dust particulates from blowing onto
neighboring properties. Requiring vehicles to park on a hard surface also minim izes the amount of
leaked substances such as oil and gasoline from penetrating into the natural ground. Unkempt gravel
driveways also have a tendency of washing away into the public right -of -way during major rain
events.
Table 1 outlines the requirements for hard surface driveways of neighboring communities:
Table 1
Ci
Standard
Brooklyn Park
Must be hard surfaced. Existing driveways expanding more than 20% must
conform
Brooklyn
Center
Must be hard surfaced, but not in the R1 and R2 Districts
Crystal
Must be hard surfaced
Golden Valley
Must be all- weather dustless material. More than 6 stalls must be hard
surfaced
Maple Grove
Must of hard surfaced
Plymouth
Must be hard surfaced, but not in the RSF -1 and RSF -2 Districts
Robbinsdale
Must be hard surfaced
St. Louis Park
Must be hard surfaced
Eden Prairie
Must be hard surfaced
While conducting the research for this project, it was noted that no other city listed in Table 1
considered compacted gravel as an acceptable hard surface material. With the exception of Brooklyn
Center, Golden Valley and Plymouth, all cities require that all driveways be hard surfaced. The City of
Brooklyn Park also requires that existing non -hard surfaced parking lots that are expanded by 20% or
greater, need to be converted to hard surface. The Cities of Brooklyn Center, and Plymouth also
require that all driveways be hard surfaced, with the exception of those properties located in the single -
family residential districts.
The proposed ordinance considers text amendments in three areas. The first ordinance change
provides a definition for driveways to be included in Section 4 -2 of the New Hope Zoning Ordinance.
The second amendment will requires paved driveways for all lots within the City of New Hope. The
third amendment addresses front yards and side yards abutting a street for exterior storage. This
amendment requires paved surfaces for storage of recreational vehicles on the street side of any home.
II. Recommendation
At the April 10 meeting, the Codes and Standards Committee recommended that the proposed text
amendments requiring that all driveways in the City of New Hope shall be hard surfaced. It was
understood that all current driveways that are not yet hard surfaced will be considered legally non-
conforming, or "grandfathered in ", and may remain in place until such time when a building permit is
applied for to expand or reconstruct the driveway in question. Staff concurs with the Codes and
Standards Committee and recommends approval of the proposed text amendment.
III. Attachments
• Alan Brixius memo to Curtis Jacobsen
• Draft ordinance
NORTHWEST ASSOCIATED CON'SULTANT'S, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @na'cplanning.com
MEMORANDUM
TO: Curtis Jacobsen
FROM: Alan Brixius
DATE: April 17, 2013
RE: New Hope — Driveway Paving
FILE NO: 131.00 — 13.04
Currently, the City of New Hope does not require paved hard surfaced driveways within
its R -1, Single Family and R -2, Single and Two Family Residential Zoning Districts.
Recently, the City received notice of a driveway permit to remove a deteriorated paved
driveway and its replacement with a gravel driveway. The request raised concerns
related to the neighborhood design, runoff from gravel driveways, and motor fluids being
absorbed into the ground.
The Codes and Standards Committee met on April 10, 2013, discussed this issue, and
determined some ordinance changes would be appropriate to require a paved hard
surface for all driveways between the street and the single family home or garage. The
following amendments are offered for Planning Commission consideration.
The first ordinance change provides a definition for driveways to be included in Section
4 -2 of the New Hope Zoning Ordinance.
The second amendment will require paved driveways for all lots within the City of New
Hope. This second amendment outlines the driveway design standards for both the
sub -base and surfacing.
The third amendment addresses front yards and side yards abutting a street for exterior
storage. This amendment will require paved surfaces for storage of recreational
vehicles on the street side of any home.
The aforementioned changes will be applied only with new construction or when a
driveway permit is requested for an alteration or expansion of an existing driveway.
Legal non - conforming driveways and exterior storage are protected as grandfathered
non - conforming conditions and will not be required to meet the surfacing standards
unless they are being altered or expanded.
Section 4 -2. Rules and Definitions
Driveway means a private roadway connecting a public street to an off - street
parking lot a loading area a garage a home other buildings or uses on a lot.
Section 4- 3(e)(4)h.11. Off - Street Parking
11, Surfacing. In all o 3 , R 4 , R 5 , R n p Q LB, G9, 1 and oUD- zoning districts, all
parking areas, driveways and driveway aprons shall be constructed and surfaced
with concrete, asphalt cobblestone, paving block or other forms of concrete Of
Ether haFd s u rfaGe .Y;a ±or;M! in compliance with adopted city construction
specifications. All driveways and parking stalls shall, at a minimum, be surfaced
with a six inch class five base and two inch asphalt topping. Plans for surfacing
and drainage of driveways and stalls for five or more vehicles shall be submitted
to the city engineer for review and the final drainage plan shall be subject to
written approval of the engineer. For new construction of new garages., and/e
homes and /or any new driveway permits in all R -1 and R -2 districts, areas
intended to be used for vehicle parking spaces and driveways shall comply with
the above - stated requirement. Parking areas and driveways for existing garages
and /or homes shall be surfaced with a material suitable to control dust and
drainage. A covering permitting the growth of grass in the R -1 or R -2 districts
does not constitute an acceptable surfacing material.
Section 4- 3(d)(9)b.2. Exterior Storage
2. Front yard or side yard abutting a street storage of recreational equipment or
vehicles shall meet the following standards:
Storage must be on bitumineus asphalt cobblestone, paving
block, or other form of concrete that is durable,
weather resistant and suitable to control dust and drainage ^-rata
Landscaped yard or grass areas are not suitable for storage.
ii. All front yard storage must be set back 15 feet from the street curb and
storage shall not encroach on any sidewalk.
iii. Storage is not permitted in a minimum required parking space per section
4- 3(e)(10) of this Code.
2
CITY 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 Nirgud6, 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
Item 4.1 review for property to be known as Bass Lake Road AutoZone and 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 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.
Planning Commission Meeting 2 August 7, 2013
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 the
city for the maintenance of the underground detention pond for stone
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
Planning Commission Meeting 3 August 7, 2013
Voting against: None
Absent: Hunten, Nirgude, 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
Item 4.2 (shopping center), conditional use permit for off- site /shared 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 & Cafe 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 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.
Planning Commission Meeting 4 August 7, 2013
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 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.
Planning Commission Meeting 5 August 7, 2013
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.
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
Planning Commission Meeting 6 August 7, 2013
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 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.
Planning Commission Meeting 7 August 7, 2013
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.
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,
Svendsen
Voting against: Brinkman, Houle
Absent: Hunten, Nirgude, Schmidt
Motion approved.
Gehring, Landy, McKenzie,
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
Item 4.3 of existing restaurant, 7100 Bass Lake Road, Phoebe Doan, petitioner.
Planning Commission Meeting 8 August 7, 2013
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 comer 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 buildLig. 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.
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.
Planning Commission Meeting 9 August 7, 2013
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 Mary 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.
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
Planning Commission Meeting 10 August 7, 2013
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, Nirgude, 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
Item 4.4 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.
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 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
Planning Commission Meeting 11 August 7, 2013
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 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
Planning Commission Meeting 12 August 7, 2013
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.
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
Planning Commission Meeting 13 August 7, 2013
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 minim 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:
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, Nirgudd, 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
Committee applicants in July. Mr. Jacobsen reported that no pre- application meetings
Item 5.1 were conducted last week, and he did not expect any new planning
applications for September.
Planning Commission Meeting 14 August 7, 2013
Codes and Standards Mr. Jacobsen reported that staff was working on several items and would
Committee schedule a Codes and Standards Committee meeting in the near future.
Item 5.2
NEW BUSINESS Chair Svendsen welcomed the new commissioners.
OLD BUSINESS
Approval of Minutes Motion by Commissioner Landy, seconded by Commissioner Dumonceaux,
Item 7.1 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.
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
Planning Commission Meeting 15 August 7, 2013