010615 Planning PLANNING COMMISSION MEETING
City Hall,4401 Xylon Avenue North
Tuesday,January 6,2015
7:00 p.m.
I. CALL TO ORDER
2. ROLL CALL
3. NEW BUSINESS
3.1 Swear in new Planning Commission member,Scott Clark
4. PUBLIC HEARING
4.1 PC 14-11, request for conditional use permit to allow the conversion of a
warehouse into a storage facility,and a request for conditional use permit to allow
additional outdoor storage (Sections 4-20(e)(1)and 4-20(e) (15), -New Hope Code
of Ordinances)at 9300 52nd Avenue North,Mayflower Properties,Petitioner.
4.2 PC 14-12, request for consider a text amendment to Section 3-50 of the New Hope
City Code establishing regulations for wall signs throughout the city,City of New
Hope,petitioner.
4.3 PC 14-13, inquest for a text amendment to Chapter 4 of the New Hope Zoning
Code establishing regulations for portable outdoor storage units in residential
areas throughout the city,City of New Hope,petitioner.
S. COMMITTEE REPORTS
5.1 Design and Review Committee. Last meeting held on December I8,2014.
Next potential meeting scheduled for January 15,2015.
5.2 Codes and Standards Committee. Last meeting held on December 10,2014.
Next potential meeting has not been scheduled.
7, OLD BUSINESS
7.1 Approve August 6,2014 and September 2,2014,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.
Il u IIN� �IIN '°�CAIN IIIN �i� 111C S R E II 11DR 1I
C"I of New Hope
Meeting Date: January 6,2015
Report Date: December 31,2014
Planninge: PC 14-11
Petitioner. Sheldon Badzin
Address: 9300-52nd Avenue North
Project Name: New Hope Mayflower Properties,LLC
Project Description: Warehouse conversion to self storage and request for additional outdoor storage
Planning Request: Conditional Use Permits)
......................................m...................................................._.............................................._. .......,
I. Type of Planning Request
A. Conditional Use Permit(CUP)
11. Zoning Code References
Section(s) 4-33 Administration-Conditional use permit
4-20(e) (1)-Open Outdoor Storage
420(e) (15)-Warehouse conversion to self storage
III. Property Specifications
Zoning: 1,Industrial.
Location: North side of 52nd Ave,East of Hwy 169 Frontage Road
Adjacent Land Uses: Railroad to the north, industrial to the south and east, and Highway 169 to
the west.
Site Area: 3.47 acres, or 151,256 square feet
Building Area: Approximately 46,226 square feet
PIanning District: Planning District 3. The Comprehensive Plan supports both requested
conditional uses within the district and also promotes improving site design
and aesthetics of industrial properties when possible.
Plaruiing Case Report 14-11 Page 1
12/31/14
IV. Background
The applicant is requesting a Conditional Use Permit (CUP) to convert an existing 46,000 square foot
warehouse building into a self storage facility. The applicant is also requesting a CUP for additional
outdoor open storage. The building, located at 9300 52nd Avenue, is the current location of Maypak
Products, a distributor of corrugated boxes, padlocks, and moving supplies. The applicant has recently
acquired the building and has informed staff that Maypak is leaving the facility for a new location.
The 46,000 square foot building will be divided into approximately A25��a�controlled velopment proposal,
The units will range in size from 25 to 1,300 squarep arpro area
there will be some slight exterior modifications,including a new front entryway sidewalk,parking
improvements, and the construction of an additional outdoor storage area.
V. Zoning Analysis
A. Plan Descri tion
1. Setbacks
The use of the building is changing,but there are no proposals to expand the building at this
time. For this reason, all existing building setbacks will remain the same.
The site plan reveals that the existing and proposed outdoor storage fence locations all meet
the required setbacks.
2. Circulation,Access,Traffic and Emergency Vehicle Access
There is one driveway access point to 52nd Avenue on the south side of the property.
The circulation of vehicles through the property will be controlled by a one-way traffic flow
system. Truck maneuvering details have been provided on the site plan. Staff feels that the
proposed site circulation and access are adequate.
3. Curbing, Sidewalk and Pavement
The property currently does not have curbing around the perimeter of the lot, and the
repurposing of the building would not require the applicant to install new curbing.
4. Parking
The parking requirements for a self storage facility are as follows:
Ratio e1
2
4Stora a o e 1:1, equired Parking Stalls
,
1: 1 1
Ce ,
46 S
aces
TOTAL REQUIRED46 8 c
The applicant's site plan indicates that there will be adequate on-site parking, meeting t1
minimum City Code requirements. It should be noted that this type of use generally doe.
Pa e 2 12/31J1�
Planning Case Report 14-11 $
not generate intensive on-site parking needs, as it is not anticipated that all owners would
be on-site at the same time.
5. Building
a• Floor Plan. The 46,226 square foot building will accommodate approximately 251
rental storage units. There will be no structural remodeling necessary for the
installation of the storage units. The units are freesta
Eat unit is nding and assembled in place.
approximately 8'5" in height. The unit walls are constructed out of
corrugated metal, and each unit has a metal roll up door. The top of each unit is
covered with heavy duty wire mesh.
b. Fire Suppression. The Building Official and Fire Marshall have reviewed the plans
and will work with the applicant to ensure that adequate fire suppression is in
Place, The applicant has indicated in their narrative that the fire suppression
system was inspected prior to their acquisition of the building and was found code
compliant at the time.
c. Elevation(Design, materials and color). The applicant is not proposing
exterior upgrades or changes to the buildingfa ade or P P any major
� exterior.
6. Landscaping and Screening
The applicant will be retaining the existing trees on the site where possible. Some trees may
have to be removed to accommodate the outdoor storage fencing on the north side y
site. ue of the
Outdoor storage areas must be fully screened from residential uses and public rights-of-
way.For screening,the applicant will install cedar fencing on the south side of the proposed
outdoor storage area that faces 52m Avenue. In addition, the applicant has agreed to add
wood screening along the western edge of their existing Outdoor storage area as it is also
visible from 52-d Avenue.There are no adjacent residential properties.
7. Signage
A signage plan was not submitted with the application. All new signage will require a sign
Permit after staff review.
8. Location of Services,Loading,Drive-through, Trash,Equipment and Outdoor Storage Areas
The building is currently served by five Ioading docks on the east side of the building. Two
of the existing loading dock will remain in use. The other three loading docks will not be
operational. West Metro Fire has informed the applicant that the inoperable doors will have
to be labeled as "blocked"from the outside.
The site currently has an outdoor storage area Iocated to the east of the existing parking
area. The applicant has proposed additional outdoor storage that will be located on the east
side of the building to the north of the existing parking area The new storage area will
connect with the existing outdoor storage.
Planning Case Report 14-11 Page 3
19184 H,e
9. Railroad Access
Site inspection reveals that there is an access drive to the railroad through the existing
parking lot east of the building. The submitted survey does not show this drive and future
plans obstruct this existing drive. The applicant has indicated that there are no additional
easements and the site plan shows that railroad access will not be provided. Being that there
is no official connection between this access drive and the railroad company,staff is satisfied
with the elimination of the access point.
10. Grading,Drainage and Erosion Control
The applicant is not proposing any new expansion of pavement or changes to the site
grading. A portion of the north side of the building drains east towards the proposed
outdoor storage area. Staff requires that the installation of fencing for the outdoor storage
area can not obstruct drainage in this area.
11. Surfacing and Paving
Open outdoor storage areas need to be surfaced with concrete or bituminous. The proposed
outdoor storage will be constructed on an existing paved area. However, the site in general
contains areas of pavement in poor condition. The applicant has agreed to resurfacing
damaged areas of pavement in the parking and outdoor storage areas. The parking lot will
also be stripped as shown on the site plan and include painted directional flow arrows.
12. On-Site Manager
The New Hope city code requires that an on-site manager be on the premises during all
open hours. An exception may be granted for self-storage facilities that have a keypad
controlled access and a comprehensive security system. The comprehensive security system
shall address building access, lighting, cameras, alarm systems, and fire suppression. The
applicant has provided the following details to address the on-site manager standard.
Building Access
There will be an on-site manager at the facility during business hours. Monday
through Friday 9am to 6pm and Saturday and Sunday, 9am to 4pm. There will be a
key pad at the main entrance of the building. Each tenant will be given a
personalized access code. They key pad will only allow access between the hours of
6am and 9pm.
Lighting
There is currently ample lighting on site.
Cameras
There will be security cameras that monitor the secured indoor storage area as well
as the outdoor parking lot and parking area.
Alarm System
The building will be accessed through a security key pad. As with many indoor
climate control storage facilities, the building will not have a separate alarm a
multiple tenants will have access to the building. There will be monitoring in place
in case of fire.
Planning Case Report 14-11 Page 4 12/31/14
Fire Suppression
The fire sprinkler system was inspected prior to the applicants original acquisition of
the case now.
the building and was all brought to code and the applicant is confident that remains
Outdoor Storage Area Access
This area will be locked. There will be a security camera in place to monitor the
storage area and activity.
13. Snow Storage
The applicant has indicated on the site plan that an area east of theoutdoor s
torage area will
be designated for snow storage. The narrative provided by the applicant states that a skid
steer will be used to remove snow from,the parking lot, drive aisles,and storage area.
B. ZWja Code Criteria
1. Conditional Use Permit(CUP)
Criteria. The ung Commission and City Council shall consider the possible adverse
effects of the proposed conditional use. In d
conditional use ming whether to approve or deny a
permit, the City Council and planning Commission shall find that the
conditional use permit complies with the followingcriteria.
demonstrating
emonstra ' The burden of proof
ung compliance with the following criteria shall be the responsibility of the
applicant.
(1) Comprehensive Plan. The proposed action has been considered in relation to the
specific policies and provisions of and has been found to be consistent with the official
comprehensive municipal plan of the city.
Fin The comprehensive plan supports the requested conditional use permits in
the following ways:
a. 'The proposal will provide building and site upgrades that improve the overall
aesthetic of the properly.
b. The proposal will provide a new use for the building that is consistent with
current market trends.
The use of the building as a self storage facility is consistent with the intent of the
Comprehensive Plan.
(2) Compatibility. The proposed use is compatible with adjacent present and future
anticipated land uses.
Finciin�. The proposed use of the building is coxisisfierit with allowable uses in the
industrial district, The common function of a storage facility is unobtrusive to
surrounding land uses because of the lack of continual.traffic to the site.
Planning Case Report 14-11
Paee 5
(3) Performance standards, The proposed use conforms to all applicable performanc(
standards outlined in the Zoning Code.
Per Code Section 4-20(e) (1), open outdoor storage areas that exceed 20 percent of the
gross floor area of the principal structure are a conditional use with the following
criteria:
(a) Screening/landscaping. The open outdoor storage area is screened and
landscaped from adjacent residential uses and public right-of-way in
compliance with subsection 4-3(d)of this Code.
Findings. The applicant has proposed adequate screening for the future
outdoor storage area and has agreed to enhance the existing outdoor
storage area with additional. screening. 'There are no adjacent residential
properties.
(b) Fencing. A wire weave/chi link security fence shall be required around
the open outdoor storage area in conformance with subsection 4-3(d)(3)c of
this Code. Open outdoor storage areas intended for the exclusive storage
of semitrailers may be exempt form the required security fencing provided
the storage area is delineated and the individual trailers are secured.
Findlop.The fencing proposed by the applicant meets this standard.
(c) Surfacing. The open outdoor storage area is surfaced with concrete o-
bituminous.
F The proposed outdoor storage area will be placed on existing
hard surface areas. The applicant has agreed to re-surface the existing
onsite pavement.
(d) Setbacks. The open outdoor storage area shall not be located within any
front yard or side yard abutting a public right-of-way. The open outdoor
storage shall be set back five feet from all side and rear lot lines and shall
not be located within a utility or drainage easement.
Find'Finding& The site plan provided by the applicant indicates that this
standard will be met.
(e) Required space. The open outdoor storage area shall not utilize any required
off-street parking,loading areas, or access space, as required by subsection
4-3(f)and 4-3)e)of this Code.
FE.The proposed outdoor storage area will meet this standard.
(f) Hazardous materials. The-open outdoor storage area shall not be used for
storage of hazardous liquids, solids, gases or wastes. This provision does
not prohibit the property owner from obtaining an administrative permit
for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of
this Code.
Planning Case Report 14-11 Page 6 12/31/14
F The applicant has met this standard by providing language in
their lease document to prohibit storage of hazardous materials in the
outdoor storage area.
(g) Refuse and upkeep. The property owner shall keep open outdoor storage
areas free of refuse,trash,debris,weeds,and waste fill.
FSM Site rnspection reveals the need for some debris cleanup before
the construction of the outdoor storage area.
Per Code Section 4-20(e) (15), the conversion of a warehouse to self-storage is a
conditional use with the following criteria:
(h) On-site manager required. A full-time onsite manager must be employed to
manage the facility, control access and supervise operations during all
open hours in full compliance with the conditional use permit. An
exception to the full-time onsite manager may be granted for self-storage
facilities that have a key pad controlled access and a comprehensive
security system. The comprehensive security system shall address
building access, lighting, cameras, alarm systems, and fire suppression.
The security system plan shall be reviewed and approved by the city.
RndIRP-- The applicant has indicated that tins standard will be met with a
combination of on-site management and a comprehensive security system
with keypad entry. During regular hours the facility will have supervised
access and operations with an on-site manager.During non business hours
the facility will be accessed by keypad and served by a comprehensive
security system.
(i) Fire sprinkler system. The building shall be equipped with an auto-fire
sprinkler system approved by the fire department adequate to protect all
storage within the building. The adequacy of any existing system must be
certified in writing by a qualified fire consultant acceptable to the city.
Any existing system or proposed changes, certified by the fire consultant,
must also be reviewed and approved by the fire department.
EMAM The applicant has indicated the fire suppression system was
inspected and found code compliant when they purchased the building
The applicant will work with West Metro Fixe to ensure compliance with
the new use.
(�) Prohibited storage. Storage of any hazardous materials, chemicals, gasoline
or flammable liquids is prohibited in any storage space, except for normal
household quantities. Any storage of propane tanks or flammable gases is
prohibited. No more than four vehicles tires may be stored in any rental
space. A rental agreement between the operator and each lessee shall be
required. The rental agreement shall strictly prohibit the lessee from
storing or using materials in the storage space or on the facility that are
flammable or classified as hazardous or toxic under any local,
o
Planning Case Report 14-11 page
federal law or regulation, and from engaging in any activity whicl
produces such materials in the storage space.
Fid The applicant's lease agreement prohibits the storage of
explosives, highly flammable materials, hazardous, materials, toxic
chemicals, gasoline,or substances where storage is regulated or prohibited
by local,State or Federal law or regulations,In addition,no vehicle storage
shall be permitted.
(k) Prohibited uses. Any and all commercial,industrial or residential use other
than storage is prohibited within the self storage facility.
Findings. The applicant's lease specifically prohibits the use of storage
bays for residential purposes, housing of live animals, conducting any
business,or business transaction.
(1) Storage access. Storage spaces must be accessible only from the interior of
the building. Accessibility from the exterior of the building to any storage
space may be approved for self-storage facilities if the exterior access units
are fully screened from all residential use and public rights-of-way.
Findings. The building will not offer direct exterior access to individual
storage spaces.All storage space will be accessible from interior hallways.
(4) No depreciation in value. The proposed use will not tend to or actually depreciate th,
area in which it is proposed.
]F� The use of the building as a storage facility will not depreciate the area's
value. The applicant is proposing to upgrade the site with screening, cleaning, and
pavement resurfacing. The proposed use is also unobtrusive to the area and fits well in
the industrial setting.
(b) Zoning district criteria. In addition to the above general criteria, the proposed use
meets the criteria specified for the various zoning districts.
Finding& Staff has concluded that the proposed use complies with all other zoning
district criteria.
(6) In industrial districts(1]:
a. Nuisance. Nuisance characteristics generated by the use will not have an
adverse effect upon existing and future development in adjacent areas.
Eindina. Staff does not think that the proposed use will generate nuisance
characteristics because of the low impact that the use will have on the surrounding
area.
b. Economic return. The use will provide an economic return to the community
and be commensurate with other industrial uses for which the property could
feasibly be used. In considering the economic return to the community, th(
planning commission and city council may give weight to the sociological impact
of a proposed use,both positive and negative.
Planning Case Report 14-11 Page 8 12/31/14
Fngss. Self-storage is something that people need when downsizing or needing
a place to store items not easily stored at their residence. The proposed use of the
building will give its users the opportunity to more easily manage their belongings
in a safe environment. The proposed use is also being located in a building that is
currently used as warehouse storage, a use similar to what is being proposed in
terms of economic impact.
C. Desi n and Review Committee
The Design and Review Committee met on December 18, 2014, to consider the proposal. The
applicant was not in attendance. The committee was generally supportive and felt that given
the simplicity of the proposal the application could move forward to the planning commission
despite the applicant missing the meeting.
D, Approval
1. Type of Approvals
a. Conditional Use Permit(s)
2. Timeline
a. Date Application Deemed Complete;December 24,2014
b. End of 60-Day Decision Period:February 22,2015
C. End of 120-Day Decision Period.April 23, 2015
VI. Petitioner's Continents
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.Staff has received no questions or concerns regarding the proposal.
VIII. Summary
The applicant is requesting a Conditional Use Permit (CUP) to convert an existing 46,000 square foot
warehouse building into a self storage facility. The applicant is also requesting a CUP for additional
outdoor open storage.
The 46,000 square foot building will be divided into approximately 251climate controlled storage units.
The units will range in size from 25 to 1,300 square feet in area. As part of the development proposal,
there will be some slight exterior modifications,including a new front entryway sidewalk,parking area
improvements, and the construction of an additional outdoor storage area.
Planning Case Report 14-11 Page 4
ti�raar,w
IX. Recommendation
Based on review of the application for a conditional use permit for the conversion of a warehouse to a
self-storage facility,staff recommends approval of the CUP with the following conditions:
1. The three inoperable loading dock doors shall be marked on the exterior as "blocked."
2. No storage shall be allowed above the mesh ceilings of the individual interior storage bays. This
requirement shall be incorporated into the lease language.
3. The fire suppression system is subject to review and approval by the Fire Marshal.
4. The conditional use permit shall be recorded with Hennepin County.
Based on review of the application for a conditional use permit for additional outdoor storage, staff
recommends approval of the CUP with the following conditions:
1. The entire parking, driveway, and exterior storage area shall be resurfaced.
2. The fence design and installation shall not obstruct site drainage.
3. The applicant shall provide tree preservation measures during the installation of the northern fence
line.
4. The parking lot shall be striped and directional arrows shall be provided.
5. The exterior of the site shall be cleared of all existing debris.
6. The conditional use permit shall be recorded with Hennepin County.
Attachments:
Application
Planning consultant memorandum(12/30/14)
Applicant narrative(12/8/14)
Applicant's response to comments from the Design Review Committee(12/23/14)
Sample lease
Location map
Site photos
0 City Engineer(Stantec) memorandum(12118/14)
0 West Metro Fire memorandum(1/2/15)
Plans
Planning Case Report 14-11 Page 10 12/31/14
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City of Hope, i ! Avenue
Case No. Basic Fee Deposit
Planning
Receipt No. AMW
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Location • Property- ,
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'( Legal Description of Property.
'OWNER OF RECORD: Name:
Address
Home Phone: Work Phone: Fax:
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Applicants natu - of -._ or • • - Interest:
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Applicant acknowledges that before this request can be considered and/or approved, all fees, including the
App' application materials) must be paid to
basic zoning fee and any zoning deposits (as outlined in the attached app i the man er has the
the city and that, if additional fees are required to cover costs incurred by the city,
right to re vire a Jdfti lLpffment.
The city hereby notifies the applicant that state taw aq cation t the f theevelopment development reviewew s cannot ted
he
within 60 days from the city's acceptance of this pp
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.oDevelopmentedarpepview shall bin e cog The Comhmuniiy
days unless adnt
ditional review a ns a appy Y
Development Department will yo all eetings.
Signed:
Fee r(print r ty name)
Applicant 011ier than Owner(print or t)tpe)
FOR CITY USE OM V
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
Subject to the followingconditions:
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4800 Olson Memorial Highway, Suite 202 Golden Valley, MN 55422
Telephone: 783.231.2555 Facsimile: 783.231.2581 planners@nacplanning.com
MEMORANDUM
TO: Jeff Sargent
FROM: Alan Brixius
DATE: December 30, 2014
: New Hope — Mini Storage - 9300 52nd Avenue North
FILE NO: 131.01 — 14.07
BACKGROUND
The City of New Hope has received application from Mayflower Properties for
conversion of the industrial building to an indoor self-storage facility at 9300 52nd
Avenue North. The applicants are also requesting expanding the outdoor storage area
of the site. The following review comments address the application and site conditions.
ZONING
The site at 9300 52nd Avenue North is zoned 1, Industrial District. The proposed
conversion of the building to self-storage facility and outdoor storage is allowed by
conditional use permit.
WAREHOUSE CONVERSION TO SELF-STORAGE CUP
Section 4-20(e)(15) outlines the performance standards for the conversion of
warehouse space to self-storage.
On-Site Manager. The building plans show office space as part of the building layout.
The New Hope City Code requires an on-site manager to be on the premises during all
open hours. An exception may be given to the standard with the installation of a
comprehensive security system. The applicants have provided the following narrative
outlining their security plans:
On-Site Manager/Security plan:
119 Building Access
o The building will be accessible from 6 am to 9 pm and will only be accessible to
those individuals with a security code they use to gain access.
Outdoor Storage Area Access
o This area will not be locked. The swing gates will be kept closed but the space
will not be advertised as secured, outdoor parking. There will be a security
camera in place to monitor the storage area and activity.
Lighting
o There currently is ample lighting on site.
Cameras
o There will be security cameras that monitor both the secured indoor storage area
as well as the outdoor parking lot and gated parking area.
* Alarm System
o The building will be accessed through a security key pad. As with many indoor,
climate control storage facilities,the building will not have a separate alarm as
multiple tenants will have access to the building. There will be monitoring in
place in case of fire.
Fire Suppression
o The fire sprinkler system was inspected prior to our original acquisition of this
building and was all brought to code and we are confident that remains the case
now.
The aforementioned narrative indicates that the applicants intend to control access to
the building, but will leave the outdoor storage area unlocked. Past similar applications
controlled access to the outdoor storage area via a key pad gate. With limited operation
hours (6:00 AM to 9:00 PM), staff recommends that the outdoor storage area be locked
and secured outside of business hours.
Prohibited Storage. The applicants' example lease prohibits the storage of
explosives, highly flammable materials, hazardous materials, toxic chemicals, gasoline,
or substances where storage is regulated or prohibited by local, State or Federal law or
regulations. This language may be acceptable provided it is approved by the Building
Inspector and Fire Inspector.
One conflict may exist in the language—the same paragraph allows one vehicle per
unit. We question whether the facility is designed for any vehicle storage due to access
and aisle width. If motor vehicles are permitted storage, the applicants must remedy
this with previous prohibition on gasoline storage.
The applicants have addressed the issue of vehicle storage by stating no internal
vehicle storage shall be permitted.
Prohibited Uses. The applicants' lease specifically prohibits the use of storage bays
for residential purposes, housing of live animals, conducting any business, or business
transaction. The lease appears to address this issue.
Storage Access. This provision requires that the storage spaces having exterior
access doors be fully screened from residential uses. This building will not offer direct
exterior access to individual storage spaces. All storage space shall only be accessible
2
from interior hallways. The three overhead doors located within the outdoor storage
area must be blocked and signed accordingly.
Storage Bays. The storage bays will be designed with wall units covered by a wire
mesh. As a condition of approval, no storage may occur above the mesh ceiling of the
storage bays.
OUTDOOR STORAGE CUP
Section 4-20(e)(1).of the New Hope Zoning Ordinance establishes the following
performance standards for outdoor storage in the 1, Industrial District.
Fencing and Screening. Outdoor storage areas must be fully screened from
residential uses and public rights-of-way. The site pian indicates that the entire outdoor
storage area will be fenced. Wood screen fencing is being provided along the south
and west edges of the outdoor storage area. The east side of the storage area is
screened by a grove of existing trees. The screening meets Code. We recommend
prohibiting the stacking of outdoor storage items that may extend above the screen
fence.
Review of the fencing presents the following issues:
?. The gates into the outdoor storage area as shown on the site plan are very
narrow (±10 feet). The narrow gate will complicate vehicle movement into this
area.
2. The gates must be secured when the site is not open to the public.
3. The installation of the fence shall not interfere with existing trees or disrupt the
drainage patterns from the north side of the building. The applicants'
indicates that the location of existing trees along the north lot line wilsite plan
l be verified.
They indicate that the trees will be protected if possible.
Surfacing. Outdoor storage areas must be surfaced with concrete or bituminous. in
review of the site, the following concerns are raised with regard to the paved area:
1. The current paving is in poor condition with ruts, scaling, and cracks with
vegetation growing through. The City requires parking and outdoor storage
areas to have a paved surface. The ordinance also requires these areas to be
maintained. The site's entire paved area requires improvement. This
improvement with new surfacing will be a condition of CUP approval.
The applicants have agreed to resurfacing and striping the parking lot The
resurfacing shall also include all the exterior storage areas as well.
3
2. The current outdoor storage area fencing has isolated an area of existing
pavement to the east. We are recommending the removal of the isolated
pavement and its restoration to green space or a stormwater treatment area to
filter the stormwater before it outlets into the wetland to the east.
The applicants have indicated they will not be improving this segment of
pavement with the intention of removing this at a future date. Reducing this
impervious surface and converting this area to green space or a stormwater
feature is seen as beneficial to the site, especially with the storage of vehicles
within the outdoor area. In this respect, we would recommend the removal of the
unused pavement. The applicants are requesting a deferment in the removal of
this pavement. This may be acceptable if they provide a timeframe for its
removal and a restoration plan for this area of the site that is acceptable to the
city.
Setbacks. The outdoor storage area must be set back five feet from all side and rear
property lines. The property survey reveals that the site shares the south property line
with the property to the east. The site plan reveals that the existing and proposed
outdoor storage fence locations all exceed the five foot required setback.
Required Space. The outdoor storage area provides sufficient space for required
parking and large trucks entering the site. The applicants have included a detail of truck
movements exiting the site. In review of the site plan, we offer the following access
comments:
1. The turn movement for trucks leaving the loading bay begins with the trailer
rather than the cab. This does not accurately represent the truck turning
movements.
2. The gates into the outdoor storage area have a width of approximately 10 feet.
This narrow width will present issues for larger vehicles maneuvering into this
area.
Hazardous Materials. lease prohibitions must extend to the outdoor storage area.
The applicants have indicated the lease prohibitions extend to the outdoor storage area.
Refuse and Upkeep. Site inspection reveals the need for some cleanup. Refuse,
boards, and curb stops require site upkeep and removal. This may also include the
cleanup of brush, tree branches, and other debris.
RAILROAD ACCESS
Site inspection reveals that there is an access drive to the railroad. The submitted
survey does not show this drive and future plans obstruct this existing drive. What is
the current use of the existing drive? Is there a need to preserve this drive?
4
The applicants have indicated that there are no additional easements. The site plan
shows that railroad access will not be provided. The current access drive consists of
crushed rock. With the elimination of this drive, the site must be restored to green
space with sod or landscaping.
SITE GRADING AND DRAINAGE
The applicants are not proposing any new expansion of pavement or changes to the
site grading. In review of the site and proposed use, we offer the following comments:
1. A portion of the north side of the building drains east to the outdoor storage area.
The installation of the fence and outdoor storage patterns cannot obstruct this
drainage pattern.
2. The elimination of the railroad access requires the applicants to restore this
existing access drive to green space with sod or landscaping.
3. The unused paved area east of the storage area must be removed and put into
green space and/or stormwater treatment. The City may defer this pavement
removal provided the applicants provide a schedule acceptable to the City for
removal and a restoration plan for this area of the site.
PARKING
Based on proposed uses and their floor area, the building is required to provide the 46
parking spaces and 47 are illustrated on the site plan. This 60 degree parking meets
the City dimension standards for one-way circulation. In review of the parking, we offer
the following comments:
1. The entire parking, drive aisles, and storage area must be resurfaced. The
applicants have indicated this will be done.
2. The parking stalls must be striped on-site. The site plan illustrates directional
arrows on the pavement.
3. Signage for disability parking and one-way circulation must be provided.
4. The parking lot is not currently curbed. We are not recommending curbing.
5. The applicants must provide a truck maneuvering detail for trucks exiting the site.
The truck maneuvering diagram does not accurately depict truck movements
exiting the site.
5
6. The site plan must provide a snow removal plan for the parking areas, loading
areas, and outdoor storage areas. The applicants have indicated that snow
storage will be east of the outdoor storage area. They indicate a bobcat will be
used to remove snow from the parking lot, drive aisles, and storage areas.
CONDITIONAL USE PERMIT DEVELOPMENT AGREEMENT
This project will require a number of site improvements including paving, fencing, site
restoration, removal of unused pavement, etc. The timing and installation of these
improvements are critical to the project. The applicants have requested deferment on
some of these improvements. We would recommend that the applicants eater into a
development agreement with the City to insure compliance with conditions of approval.
RECOMMENDATION
Upon review of the development application, narrative, and site plan sets, we
recommend approval of the conditional use permit for conversion of warehouse space
to a self-storage facility and outdoor storage for the site located at 9300 52nd Avenue
North, based on the narrative and plans received December 23, 2014 with the following
conditions:
Warehouse Convemion to Self-Storage
1. Both the building and outdoor storage area be locked and secured between the
hours of 9:00 PM and 6:00 AM.
2. No vehicle storage within the building.
3. No storage above the mesh ceiling of the individual interior storage bays.
4. The three exterior dock doors loading into the outdoor storage areas shall be
blocked from opening and shall be signed accordingly.
5. Subject to comments of Fire and Building Inspector.
Outdoor Storage
1. The entire parking, driveway, and exterior storage area shall be resurfaced.
2. The gate widths shall be re-examined to insure width adequate for vehicle
movements, access and egress, and snow removal.
6
3. Exterior storage area shall be locked and secured between the hours of 9:00 pM
and 6:00 AM.
4. Fence design and installation shall not obstruct site drainage.
5. The applicants shall provide tree preservation measures during the installation of
the northern fence line.
6. The applicants shall provide a schedule for the removal of the pavement east of
the storage area and a landscape restoration plan that addresses this area and
the current railroad access drive. Said schedule and restoration plan shall be
subject to the approval of the City.
7w The parking area must meet the following conditions:
a. The applicants must demonstrate truck egress from the building will not
interfere with on-site parking.
b. The parking lot shall be striped and direction arrows be provided.
C. Disability parking stalls must have appropriate signage.
8. The applicants enter into a development agreement with the City to insure
compliance with terms of both conditional use permits.
c: Aaron Chirpach
7
Mayflower New Hope Properties
7760 France Ave So
Suite 1100
Edina, MN 55435
December 8,2014
RE: 9300 52°d Ave North
New Hope, MN 55428
We are proposing within the New Hope City guidelines to convert the warehouse portion of the building to
climate control storage units and continue to use the front office portion of the building as office space. We
would also like to request approval for additional outdoor storage.
Storage unit : There is no structural remodeling that has to be done in the building to get
the units put in. The units are approximately 8'5"in height and are constructed of corrugated metal for the walls
and roll up door and a heavy duty wire mesh that goes over the top.
Accessibility& Security: You will gain access to the building through a secured door that requires a
access number to get in. The buildingwill be equipped with a surveillance monitoring system.
Loading/unloading: There will be a staging area when you enter the facility through the east facing access
ioor. Tenants will back up to the southernmost loading dock door to load and unload their stored property.
Tenants also will have the option to move contents in and out using the ramp adjacent to the loading dock.
Tere will be a trash container locked inside of a l Ox 10 storage unit for the use of the property manager
only. Tenants are responsible for disposal of their own trash pursuant to the lease agreement.
Contents to be stored: Storage will primarily be used for the storage of household goods.Please see the lease
agreement provided that lists prohibited items to store. (Listed in number 13)Please note that the sample lease
provided is from another one of our facilities and will have the appropriate header and property information
listed for this site specifically once approved. The metal mesh ceilings provide a visual to monitor that
prohibited items aren't being stored.
The east wing of the front office will not be occupied by any third party tenants and will be used only for our
corporate staff meetings and individual meetings from time to time by our executive-team.
The west wing of the front office will either be rented out individually,therefore there will be no need for
additional signage.
The office area would be accessed through the south facing main entrance. Those tenants will not have access to
the storage area. All pathways for exiting will meet and comply with city requirements.
D ECEIVED
DEC 12 2014
CITY OF NEW HOPE
Outdoor
A detail has been provided in the site plan as to the outline of the outdoor storage and with the additional
outdoor storage, we are still able to comply with the parking requirements outlined for both the warehouse and
office. The fence will be constructed of cedar along the south facing side and the balance will be chain link. The
cedar portion of the fence will meet the screening requirement. Access to the outdoor storage area will be
through a double swing gate.
We look forward to the City of New Hopes approval of our request.
%I�Lz C,
Marinda Carr
Corporate Administrator
Mayflower New Hope Properties
651-219-4083 (Office)
612-385-7780(Cell)
Mayflower New Hope Properties
7760 France Ave So
Suite 1100
'"dins,MN 55435
December 23, 201
RE: 9300 52nd Ave North
New Hope, MN 55428
Below I have outlined the questions, comments and concerns that were brought up in the Design and Review meeting. I1
is our hope that with the following items being addressed along with the initial narrative submitted,the city will have all
necessary information and documentation to move forward with our application.
Interior Storage:
There will be an on-site manager at the facility during business hours. Monday through Friday gam to bpm and
Saturday and Sunday, gam to 4pm. Like most storage facilities,we will have a key pad at the entrance to the
facility. The storage area can only be accessed by someone that has an access code and each access code is a
personalized number that is assigned to that tenant. They key pad time zones are set to be active from 6am to
Spm so a tenant cannot enter prior to Gam or after Spm. We do not feel there is any additional lighting needed at
this time.
Mayflower Properties uses a common storage software called SiteLink. When the facility is approved and set up,
all leases will have specific c information on it specific to New Hope Mini &Outdoor Storage. The verbiage
regarding storage of vehicles inside the facility would be removed. That verbiage was in the sample provided as
that is an option at the facility I used to show the lease example.
Exterior Storage:
The parking lot will be resurfaced and restriped to meet city standards.
Please see revised site plan as it relates to the fence detail which includes material to be used,height and
location and sizes of gates to gain entrance to the storage area.
Additional screening will be provided along the west side of the current outdoor storage area.
Per City Code the entire fenced in area will be hard surfaced and will be addressed when the lot is resurfaced
and restriped.
After further discussion with Jeff Sargent,the decision was made that since we are not expanding outside of the
currently paved area no additional grading plan is required. We understand there may be some requirements
regarding storage and debris removal to allow water flow to naturally occur on the property.Please also note
that the site plan and survey have been adjusted to show the actual area where there is currently pavement.The
original site plan and survey did not fully show the correct amount of pavement that is currently on site.
With all of the other required actions needed to be taken, at this time we would chose not to remove existing
pavement east of existing storage area but will not make any additional changes or resurface that area so that the
pavement can be removed at a later date.
Leased/moving areas will be stored inside of the fenced outdoor storage area.
Parking:
Please see revised site plan for the egress movement out of the site.
Please see revised site plan for traffic circulation and signage indicating one-way traffic flow as required.
Please see revised site plan showing area where snow will be piled. Our snow removal company will use a
bobcat to remove snow from storage area and plow to designated area on the property. There are currently two
swinging gates installed in the outdoor storage area allowing us to pass through the storage area and move snov
to the east segment of the lot.
Site Plan:
There are no additional recorded utility easements or other easements than what was previously submitted.
All signage will meet code requirements.
hLorjhwest AssociatedConsW=s. INC.
On-site Manager/Security Plan:
Building access
o The building will be accessible from 6am to Spm and will only be accessible to those individuals with a
security code they use to gain access.
Outdoor storage area access
o This area will not be accessed with a keypad,like the interior storage building but a lock will be
placed on the gates and tenants will access the area with the combination to that lock. There will also
be a security camera in place to monitor the storage area and activity.
• Lighting
o There currently is ample lighting on site.
• Cameras
o There will be security cameras that monitor both the secured indoor storage area as well as the outdoor
parking lot and gated parking area.
Alarm system
o The building will be access through a security key pad. As with many indoor, climate control storage
facilities,the building will not have a separate alarm as multiple tenants will have access to the building.
There will be monitoring in place in case of fire.
Fire suppression
o The fire sprinkler system was inspected prior to our original acquisition of this building and was all
brought to code and we are confident that remains the case now.
Prohibited Storage:
This language covers the storage of vehicles in the outdoor spaces. We would not allow more than one vehicle parked
in an outdoor storage space. Vehicle storage will not be offered nor allowed indoors at all.
Miscellaneous:
Please see earlier comment regarding conversations with Jeff Sargent and the updated site plan.
Other various items outlined in the consultant memo was outlined in the committee notes and was either addressed
above or noted to please see revised site plan for information.
Marinda Carr
Corporate Administrator
Mayflower New Hope Properties
651-219-4083 (Office)
612385-7780 (Cell)
I
Gopher Mini and Outside Storage
Professionally Managed by Makilower Properties
10685 165th Street W, 6
Phone: lle, MN 55044
3232 ® Email.-
&
Rental Agreement
This agreement dated May 12,2009,between Justin Anderson(hereinafter referred to as(hereinafter "TENANT"}and Gopher Mini and Outside
Storage referred to as"MANAGEMENT").
MANAGEMENT does hereby rent to TENANT storage unit number 100D09(10.0 x 30.0)in a building Iocated at 10685 165th
Street W,Lakeville,MN 55044 to be used as storage for personal or business property for the monthly rate of 219.00 payable on the
same date of each month hereinafter. Rental payment is payable in advance.
MANAGEMENT aelmowledges receipt of as per your receipt,including the fust(la)month's rent. All
made to MANAGEMENT pursuant to the agreement shall be lied first to administrative and late c payments
accrued and unpaid ren this a p � charges,then the balance to
pa� t, agreement shall expire each month and automatically renew for one(1)additional month,SUBJECT TO
THE CONDITIONS ON THE NEXT PAGE. Rental payments made after d"y 5 of the due date each month are subject to a 10.00
Late Charge. Additional late fees may apply. Mailed payments must be postmarked by day 5 of the month to avoid Late Charge. A
returned Check is subject to a charge of 42.00. There is a one-time 35.00 non-refundable administrative fee charged when Tenant
signs this lease. In addition to the one-time administration fee,there is a$50.00 deposit and a$10.00 tag fee.
TENANT shall give MANAGEMENT fourteen(14)days written notice to Vacate in order to avoid responsibility for the payment of
the next month's rent.
TENANT is an active member of the United States Armed Forces: Yes No
TENANT acknowledges that MANAGEMENT does not carry any insurance which in any way covers any loss whatsoever that
TENANT may have or claim by renting time Storage Unit. All property stored in the Storage Unit shall be at TENANT'S sole risk.
TENANT ACKNOWLEDGEST S READ THE CONDITIONS ON THE NEXT PAGES AND AGREESE
THEM.BOUND BY
Executed on May 12,2009,
Tenant Name,
Jus i Berson By(Management Agent): $rte s
?fenaur# i a re) ( ana ent ign )
(Tenant Company Name)
Leasr: 41
1 1 st 1 h Please
t ) Gopher Mini and Outside Storage
10685 165th Street W
Lakeville MN 55044 Lakeville,MN 55044
(Tenant City,State,Zap)
651-331-6135
(Tenant Home Phone) (Tenant Work Phone)
(Tenant Drivers License No.) (State)
!mechanical il.com p C C E ll U.
ED
Tenant Email Address) DEC 12 2014
r
CITYOFHOPE
COMMUNITY DEVELOPMENr
Description of stored property.
❑ Car/Truck ❑ RV ❑ Boat ❑ Other
Lkew PIM N ;IN Number
t
You are being given a red plastic tag that corresponds to the space Xou are renting. You are required to display
the red plastic tag in the front window of your vehicle or attach it to your trailer in a place easily seen. The tag
or tags must be returned to Gopher Storage when you vacate your space. Failure to return the tag will be
grounds for the forfeiture of your$50 deposit. If your tag is lost of destroyed you may purchase another for$5 at
the Gopher office at 10685 165',St.W.Lakeville,MN 55044.
Please sign below to acknowledge and agree to this procedure.
Mg O&- Dag
How did you hear about our storage facility? (Please circle one-Required)
1. Drive by 10.Google Search
2. Referral 11.Valpak
3. Previous customer 12.Facebook
4. Current Customer 13.Craigslist.com
5. eMove(Uhaul) 14.Lakeville ghamber of Commerce Directory
6. US Storage Search 15.AAA
7. Spare Foot 16.Moving.com
S. CubeSmart 17.Other(please specify): www
9. www.mUflowffproperties.com
Conditions
1. Tenant further covenams with Management that at the expiration of terms of this Lease,peaceable possession of the premises shall be given to the Management,
in as good condition as they are now,normal wear,inevitable accidents and loss by fire excepted;and the Tenant agrees not to let,sublet,or assign the whole or any
part of the premises without written consent of the Management. Tenant agrees not to affix shelving or other articles to the walls,ceiling or doors. Tenant must
provide his own lock and keep unit locked at all times,using only one lock per unit door basp.Unit size listed is approximate,actual size may vary.
2. Tenant shall not place or keep in the premises explosives,flammable liquids,contraband or other goods prohibited by the law and agrees to abide by any rules
promulgated by Management governing the use of these premises, Tenant shall not permit damage to the premises and shall indemnify and hold Management
harmless from any claim or cause of action arising out of Tenant's use of the premises. Tenant assumes responsibility for any loss or damage to property stored by
Tenant in the premises and may or may not elect to provide insurance coverage for the same. MANANGEMENT DOES NOT MAINTAIN INSURANCE FOR THE
BENEFIT OF TENANT,WHICH IN ANY WAY COVERS ANY LOSS WHATSOEVER THAT TENANT MAY HAVE OR CLAIM BY RENTING THE STORAGE
SPACE OR PREMISES AND EXPRESSLY RELEASES MANAGEMENT FROM ANY LOSSES AND/OR DAMAGES TO SAID PROPERTY CAUSED BY FIRE,
THEFT,WATER,RAINSTORMS,TORNADO,EXPLOSION,RIOT,RODENTS,CIVIL DIS"(:URBANCES,INSECTS,SONIC BOOM,LAND VEHICLES,
UNLAWFUL ENTRY,OR ANY OTHER CAUSE WHATSOEVER,NOR SHALL MANAGEWNT BE LIABLE TO TENANT AND/OR TENANT'S GUEST OR
INVITES OR AGENTS WHILE ON OR ABOUT MANAGEMENT PREMISES.
3. All]eases expire on the anniversary day of each month. The management may terminate skid lease at his option if Tenant is not in full compliance with the terms
of this Lease,subject to Management's approval. TENANT'S FAILURE TO VACATE THEftEMISES OR REMOVE THEIR LOCK ON THE
ANNIVERSARY DAY OF THE MONTH AUTOMATICALLY RENEWS THE LEASE FOR ONE(1)MONTH.
4. Tenant agrees to give Management fourteen(14)days written notice of his intention to vacate his storage unit THERE ARE NO RENT REFUNDS,
INCLUDING PREPAID RENT. If the unit is vacated on or after the anniversary date,a full month's rent is due. There is no proration of rent.
5. Rental payments are due on the rent annivesary day of each month without demand. Payments made after day 5 of the due day are subject to a 10.00 Late
Charge. If rental payments are not paid in full within five(5)days of;the due date,including Late Charge,and/or Returned Charge,of Miscellaneous Charge,the
Management may,at his option,declare the Tenant in default. No notice need be given of default. MANAGEMENT DOES NOT SEND OUT BILLINGS FOR
MONTHLY RENTAL CHARGES. Tenant agrees to pay MANAGEMENT's Standard Fern in the event of default,late payment,returned checks,or for other
services requested by the Tenant.MANAGEMENT's Standard Fees shall include reasonable attorney's fees and costs MANAGEMENT incurs in enforcing this
agreement.There will be additional fees assessed for categories as follows,but not limited to:declined credit card payment,returned checks,retuned mail,lock cut
fee,lien fee,24 Hour gate access,etc.
6. The Management may,at his option,take possession of the goods in the Storage Unit on or after day 30 of the due date if full payment is not received by the date.
Taking possession of the goods shall consist of over-locking the Storage Unit door to prevent Tenant's access to the Storage Unit until all rental,late fees and
miscellaneous charges art paid in fall.
7. The personal property in Storage Unit may be sold to satisfy the lien if Tenant is in defanit, Management shall have a lien on all personal property stored within
i
each Storage Unit For sera,labor,or expenses reasonably incurred in the sale,pursuant of MINN.STATUTES 514.970ET.SEQ. All moving,storage and/or sales costs
associated with sale of gods shall be bome by Tenant. After a lien against the personal propertyin the unit arises,ONLY A PAYMENT IN THE FULL AMOUNT
OF THE LIEN WILL BE ACCEPTED TO SATISFY LIEN,PARTIAL PAYMENTS WILL NOT STOP ANY AUCTION PROCEDURES OR LEGAL
ACTIONS.
8. The Management may,at his option,REMOVE THE TENANT'S LOCK AT TENANT'S EXPENSE TO APII'RAISE STORED GOODS FOR SALE.
Management may at this time move property to another location to be stared and Tenant agrees to be solely liable for any damage,loss or expenses incurred by his
action. And the parties agree that Management shall have a lien upon all personal property stored in the unit to secure payment ofthis charge,as well as all other
charges owed to Management. If the rental account is brought current,the Management shall remove its lock. IT IS THE TENANT'S RESPONSIBILITY
TO REPLACE HIS LOCK AT THE TIME OF PAYMENTTO INSURE THE SECURITY OF HE STORAGE UNIT AND TO SECURE HIS STORAGE
UNIT BY A LOCK(only one lock per unit door hasp). AT ALL TIMES,MANAGEMENT WILL NOT SUPERVISE USE OF UNIT IN ANYWAY. THE
SAFETY OF ITEMS STORED BY THE TENANT IS THE RESPONSIBILITY OF THE TENANT.
9. In the event Management is required to obtain the services of an attorney to enforce any of floe provisions of this Least,Tenant
agrees
sums due hereunder,an additional amount as and for attorneYS tees and cast incurred. to PAY in addition to the
10. Management will have the right in the event of an emagency to enter the storage unit with what ever reasonable force is necessary. They may at their discretion,
deny access to Anises in arse of inclement weather or emergencies.
11. A returned check is subject to a charge of42.00,which shall be considered part of the rental. Unit shall be in default and ovcdocked by Management,until
amount of the nstumed check,returned check charge,and any additional charges due are paid in fiill. Payment must be made
12. The Monthly Rental rate,deposit amount,Date e,cut-1eacject by money order or certified check.
given thirty(30)days written notice of such in this Lease shall he denedd to be soaltered if the Tenant continues his occupancy beyond the increase m day 27 of each month. Teff cativo date
enant shall e
of the increase.Ifyou have moved in at an agreed Accounted rate and your rrccore sr becomes 60 days past daeyou will be given a 30 day notice ofa rete increase
to our standard rack rote ap pt rice to the sterroV Ra yore kava agyrred to Fm Notice shall be domed given whet Management sends an email to the email
oddness provided upon tmove in or deposits first-class mail,postage prepaid to Tmamattt at address turn on this Lease d official change of address. Tenant shall
Apprise Management of any change in his/her mauling address in wr'ltiog within twenty(24fts of each change. A new Lase does not have to be executed
for any new rental rate luu:msea. n
13. USE OF PREMMES. The Storage Unit is for the storage of property only and m not ben used for residential
�' Purpose,to house live animals,or to store
anything that is a health hazard,including perishable food items. -pre Storage Unit may not be used for any unlawful purpose or in violation of zoning,business
license,or other regulatory restrictions,nor will Tenant keep in the Storage Unit Any explosive or highly flammable materials,harnrdous materials,toxic dnemmicals,
gasoline,or substances whose storage or use is regulated or prohibited b local,state or federal w or
furs,heirlooms,art works,collectibles,or other irreplaceable iteans haul y regulation. The Storage Unit should not be used to store jewels,
carnrrmercis]transactions in of about She S ng special or emotional value to the Tenant. Tenant may not conduct any business or
Storage Unit. The incidental storage ofgoods,merchandisr,or other property related to an off-site business or enterprise is
permitted. Teant agrees to hold MANAGEMENT,other tenants,and third parties harmless and indeamiify,save and defend such persons from any loss resulting from
the violation of this provision. Tenant grants MANAGEMENT permission to enter the Storage Unit at any time for the purpose of removing or disposing of any
property kept in the Storage Unit in violation of this provision. Tenant may not make any alterations or modifications to the Storage Unit or attach any fixtures or
signs in or about the Unit without the written oonset of MANAGEMENT. Tenant represents tq MANAGEMENT that all personal property to be stored in the Storage
Unit will belong to the Tenant only,and not to third parties. Only one vehicle,per unit,allowed Tarrant shall not be allowed to conduct any estate sales or public
auctions from its storage unit or anywhere else on the property. Additional in=lying around the property or outside of the stored vehicle are subject to removal by
4ANAGEMENT.
4. Any right granted herein to Management may be exercised by Management's Rental Agent or other
end to and be binding n the representative nagent.
15. The covenants herein contained shall ext
ng� lames hecto,their baba,executors,administrators and assigns.
16. Tenant will allow MANAGEMENT,without notice to Tenant,frac access at all reasonable times to the Storage Unit or to any stored vehicle or boat,for the
Purpose of inspection or making repairs,additions or alterations to the premises. MANAGEMENT's rights under this paragraph do not create a duty to make any
repairs,additions or alterations. Revocation of Gate Cade:When tent or other charges are not paid when due,MANAGEMENT may revoke Tenant's gate code and
require that Tenant contort site personnel before gaining access to the Self-Storage Facility.Due to extreme weather conditions that may exist during the course of the
winter season,it is the tenant's responsibility to clear snow from the immediate access area portion of their storage unit.
17. TENANT HEREBY REPRESENTS TO MANAGEMENT THE TOTAL VALUE OF ALL PROPERTY STORED OR TO BE STORED IN THE FUTURE IN
THE STORAGE UNIT IS LESS THAN$2,500 UNLESS TENANT ADVISES MANAGEMENT IN ADVANCE AND IN WRITING OF A GREATER VALUE.
Tennant agrees that the maximum liability for any claim or suit by Tenant,including but not limited to any suit which alleges wrongful or improper foreclosure or sale
of the contents ofa storage emit,is$2,500, Nothing in this section shall be deemed to create any liability on the part of MANAGEMENT to Tenant far any loss or
damage to Tenant's ProPCItY,tiegardless of cause.MANAGEMENT shall not be liable for any injury sustained by Tenant or odwis fmm any defects,kno"or
subsequently discovered or cited,in the Storage Unit,or Self-Storage Facility,or caused by any condition existing near or about the Storage Unit or the Self-Storage
Facility,or resulting from the ads or omissions of Tont.
18. No provision of this Lease may be waived or changed other than by written agreement. Only the general partner of MANAGEMENT may authorize any specific
waiver,modification,or extension of arty provisions.This Lease us binding upon the parties,their heirs,successors,personal representatives,and assigns. This Lease
constitutes the entire agreemcat between MANAGEMENT and Tenant. Any agreement or representation not expressly set forth herein is void.
19. DEFAULT,LIEN AND FORECLOSURE, UNDER MINNE
PERSONAL PROPERTY IN THE STORAGE UNIT, Tenant agSOTA LAR,(MINN.STATUTES 514.970ET SEG.)MANAGEMENT HAS A LIEN ON
rees that MANAGEMENT may exercise the following foreclosure rights:
A. Upon Tenant's Ail=to pay rent or other charges within 15 days after they are due or upon the failure of Tenant to vacate the Storage Unit promptly upon
the expiration of this lease,MANAGEMENT may deny Tenant access to the Storage Unit.
b. MANAGEMENT will mail a notice of comm to Tenant's last known address.
C. If payment in full is not received within 15 days atter the mailing of the notice of claim,Tenant's lock will be cut and the contents of the Storage Unit will
be inventoried and advertised for sale to the highest bidder. At any time before a sale,however,a Tenant may redeem the property in the Storage Unit by
full payment in cash or cashier's check far all rent,fees,and foreclosure charges owing.
d• The proceeds ofany such sale or disposition will be applied first to the cost of such sale and second,to the payment of the rents and charges which may
then be due from the Tenant to MANAGEMENT under the teams of this Lease. The balance,if any,will be held by MANAGEMENT for the period
required by law for the benefit of Tenant and then it shall become property of the MANAGEMENT.
C. Tenant agrees to pay all costs and expenses,including attorneys'flees and reasonable service beg,of MANAGEMENT in enfbreing the tarns of this Lease.
Tenant waives any claims it or its successors,heirs,or assigns may have as a result of any action taken by MANAGEMENT to collect the rent or other
charges due under the terms of this Lease and Tenant agrees to defend and hold MANAGEMENT harmless against any claims by any other party having an
interest in personal property kept in the Storage Unit.
g. Yany property remains unsold after MANAGEMENT has complied with the requirement set forth herein,MANAGEMENT may then otherwise dispose of
Tenant's personal property(at tenant's expense)in any manner considered appropri4c by
MANAGEMENT,including,but not limited to destroying or
disposing of said personal property.
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Stantec ConsulSng Services Inc.
2335 Hlghwoy 36 West
St.Paul MN 55113
Sta
Tel: (651) 636-4600
Fax:(651)636-1311
December 18, 2014
File: 193800102
Attention: Jeff Sargent
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Reference: New Hope Mini Storage (9300 52nd Avenue Noft)-Initial Plan Review
Dear Jeff,
We have initially reviewed the redevelopment plans for New Hope Mini Storage as submitted by
Mayflower Properties on December 12,2014.Following are our initial comments and/or
recommendations.
e t. ®l d tl S
1. Identify and show all easements within the property, specifically any City drainage and
utility easements.
SheRt 0-Sit Plan
1. It is recommended to remove existing pavement east of the existing outdoor storage area,
and provide additional buffering prior to storm water outlet into the wetland located on
the east side of the property.
2. This property is located in the Shingle Creek Watershed.As there is minimal site
disturbance, this plan will not require a Commission plan review.
3. Additional pavement may be required on the north side of the proposed additional
outdoor storage area.
4. It is recommended to complete parking lot improvements to the existing pavement
surface.The existing surface appears to be in poor condition.
eneral Comments
1. Provide existing record plans or as-built drawings for all private utilities.
If you have any questions or require further information please call me at (631)604-4808.
Design i+alae community Its rr:lnd
December 18, 2014
Mr,Jeff Sargent
Page 2 of 2
Regards,
STANTEC CONSULTING SERVICES INC.
r
W.
Christopher W. Long,P.E.
c. Aaron Chirpich, Bob Paschke, Bernie Weber-New Hope;Alan Brklus-NAC Planning;Adam
Martinson,Ann Dienhart-Stantec.
Design viii-i con"n nits/its mind
f' E
o II !
WEST
METRO
FIRE RESCUE Project: New Hope Mayflower Properties LLC. (Climate controlled self-
DISTRICT storage)
S"Oing tb,Cities of Address 9300-52"d Ave 11�prth
•Crystal
-New Nap,
war Warehouse was recently inspected and found code compliant.
Q Exterior loading dock doors that are inoperable will have to be
marked as"blocked"from the exterior
No items are to be stored on top of the storage units
Provide signage for the riser room
Neighbors Thank you.
Serving
Neigbhors
Shelby Wolf
Deputy l=ire Marshal
West Metro Eire-Rescue District
4251 Xylon Ave North
New Hope, MN 55428
(763)230-7006
4251 Xylon Ave N.
New Hope,MN 5542$
Voice 763.230.701D
Fax 763.230-7029
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PLANNING
CASE II
City of New Hope
Meeting Date: January 6,2015
Report Date: January 2,2015
Planning Case: 14-12
Petitioner: City of New Hope
Request: Sign Code Text Amendment
1.
Request .... . .... ...,..
The Codes and Standards Committee met on December 10,2014 to review a text amendment proposal
to the City's Sign Code (Code) in relation to regulations for wall and directional signage,
comprehensive sign plans, and the City Center and PUD zoning.districts. The Hy-Vee PUD rezoning
and plan review presented several signage requests that were not readily addressed by the Code.
Multiple existing businesses have also approached the city recently wishing to add or change signage
and have been unable to do so due to the Code.
As a part of their renovation plans, Applebee's submitted a sign permit application for city staff to
review on November 20, 2034. The application included multiple wall signs and branded awnings to
the east, west, and south. Unique Thrift Store has also inquired about adding additional signage to
their building. Currently the Code would allow one wall sign or branded awning on two sides of the
building, with a maximum size of 100 square feet per side.According to the Code, awnings with text or
Logos are considered wall signs. The Code also requires.that wall signs be located on the building
fagade facing public streets.
Several other businesses within the city have existing or approved future signage that uses a similar
scheme, with numerous smaller signs on two sides of a building. Examples include CVS (two stores),
Tires Plus, and the future Hy-Vee and Winnetka Commons buildings.
At the December Codes and Standards Committee meeting, the city's planning consultant proposed a
number of changes to the Code consistent with what other cities in the area have adopted. This would
provide greater flexibility in application of the Code. The proposed changes include the following:
Number of Signs&Coverage Area
The Code currently limits the number of wall signs for single occupancy buildings to two signs and
multiple occupancy building tenants to one sign, Wall signs are capped at 15% of the building fagade
fronting public streets, with a maximum size of 100 square feet per side. The proposed revisions to the
Code would remove hard caps on wall signs in commercial and industrial zoning districts. Wall signs
would continue to be capped at 15%of the building fagade. These proposed changes take wall size into
consideration when determining what signage will be allowed, whereas the Code currently only
considers size of sign(s).
The proposed wall signage area cap of 15% should be evaluated to determine if it is a good fit for the
city. The attached silhouettes of Applebee's, CVS, Hy-Vee, and Winnetka Commons illustrate the
approved and proposed signage versus 15% facade coverage. Only Applebee's, with the inclusion of
the branded awnings,exceeds 10%coverage of the fagade.
In reviewing the planning consultant's memo, city staff identified a concern regarding changeable copy
wall signs that is not addressed as a part of the draft ordinance. The removal of the signage hard cap
allows for the possibility of several smaller changeable wall signs or a large changeable wall sign
covering up to 15% of a building's fagade. The option of amending the Code to no longer allow
dynamic wall signs should be considered. This change or other possible recommended changes can be
made prior to presenting the text amendment proposal to the City Council.
ont rehensive Sign Plan
The Code currently requires a comprehensive sign plan for an entire building or shopping center when
a single principal building is devoted to two or more businesses or industrial uses. Revisions to the
comprehensive sign plan criteria and conditions would require that mixed use, commercial and
industrial multiple occupancy buildings, and single occupancy buildings with more than two signs
submit an application and receive approval of a comprehensive sign plan.
Sian Code Districts
The Code currently does not address the City Center or PUD zoning districts. Changes to the Code
include the addition of the City Center district and the creation of PUD district criteria. Th
amendment provides language specifying that PVDs are also intended to provide some deviation from
the Code and its strict provisions. Additionally, the PUD language allows for signage on fagade
fronting public or PUD-approved private streets, with the total area of all signs displayed on-site not to
exceed 15%of the total building fagade.
Direglional SignWe
The Code currently does not define or address directional signage. Proposed changes would define
directional signage and allow it,when less than two square feet in size.
II. Recommendation
The Codes and Standards Committee was generally in favor of the proposed changes and felt that the
city should encourage awnings, regardless of whether or not they include logos or text. City staff is
requesting that the Planning.Commission review and offer comment on the proposed changes to the
Code.The comments will then be forwarded to the City Council for consideration.
Staff recommends approval of the proposed text amendment.
Attachments
• Draft ordinance
• Memo from Alan Brixius to Jeff Sargent
• Signage silhouettes
ALLEIL07
ORDINANCE NO.14- Z"
AN ORDINANCE AMENDING SECTION 3-50(SIGN CODE)OF THE NEW HOPE
CITY CODE RELATED TO DIRECTIONAL SIGNAGE,CHANGES To SIGNS IN THE
COMMERCIAL,INDUSTRIAL,AND PLANNED UNIT DEVELOPMENT ZONING
DISTRICTS,AND CHANGES To THE COMPREHENSIVE SIGN PLAN CRITERIA
The City Council of the City of Now Hope ordains:
Section 1.Section 3-50(d)(2),Definitions,is hereby amended to provide the following
definition:
Section 2.Section 3-50(f)addressing signs for which a sign permit is not required is
hereby amended as follows:
................rrr............
........),
'U,
Section 3.Section 3-50(k)(2),Signs Within the R-O and R-B Zoning Districts,is hereby
amended to repeal the strikeouts and add the underlined text as follows:
(2) Within the R-0 and R-B districts the following additional regulations"apply
a. All residential use regulations in accordance with subsection 3-50(k)(1).
b. All commercial use regulations as follows:
The total area of all signs displayed on a lot shall not exceed 15 percent of
the total building facade fronting not Marc than two public streets.
2. One freestanding sign is allowed per lot.The area of a fimstanding sign
may not exceed 100 square feet each side with a maximum.height of 30
fee.
3. For single occupancy buildings,not more than two wall,canopy or
marquee signs shall be permitted on a building,except in the case of a
comer lot or VmRMb lot where wall signs may be installed on two facades
fronting a public street.nie
vyg,�,,,area of
shall.not exceed jr .............
-8,
One changeable cagy sign per property provided it meets time following!
L Changeable copy signs may be a wall,freestanding or monument
sign provided it meets the sign area and height requirements of the
respective zoning district.
ii. The images and messages displayed on changeable copy signs
must be static and the transition from one static display to another
must be in tantaneons without any special effects with the
exception of a scrolling monochromatic message on a single color
dark background.
iii. Changeable copy signs may change their message no more than
once every five seconds.
iv. f'ree'standing signs shall be subject to the same setback
requirements as other permitted freestanding signs in the zoning
district except that no electronic changeable copy sign shall be
located within 30 feet of a residential dwelling-
v. All electronic changeable copy signs shall be equipped with an
automatic dimming device that controls the sign's brightness to
meet the following standards:
a. The electronic changeable copy sign shall not exceed 500
lumens per square meter measured one foot from the sign
face for the time period between ono-half hour before
sunset and one-half hour after sunrise.
b. The electronic changeable copy sign shall not cast glare
that exceeds 0.4 of a foot candle above ambient light
measured at the property line of an adjoining residential
property or one foot candle measured at the curb line of a
public street.
vi. Certification from the sign manufacturer shall be provided stating
that a dimming device will reduce and maintain night time
illumination of the sign not to exceed 500 lumens per square meter
at the sign face measured one foot from the sign face.
vii. Changeable copy sign displays shall be designed to freeze the
display in the event of malfunction,and the owner shall
discontinue the display immediately upon malfumc-tion,or upon
notice from the city that the display violates the city's regulations.
2
viii. Changeable copy signs shall not be permitted as window signs.
Temporary signage subject to the provision of subsection 3-506)(8)of this
Code.
.
Section 4. Section 3-50(k)(3),Signs Within the LD,CB,CC and I Zoning Districts,
is hereby amended to repeal the sh-keouts and add the underlined text as follows:
(3) Within the LB,CB.g ;eS��n°and I districts the following additional regulations shall apply;
a. The total area of all 9gos displayed an a lot Shall not exceed 15 percent of the
total building facade fronting not nn=flim two public streets.
b ,
FJt� ;ati r 1 ..,'-..�.6ne freestandingsign is all per lot.The area
of a freestanding 84M may not exceed 100 square feet each side with a maximum
height of 3 0 feet.Freestanding signs abutting a freeway or freeway frontage road
shall not exceed 200 feet in area.
t
Wall signs.For single occupancy buildings,not more than two wail signs per
building, except in the arse of a corner lot or through lot where wall signs may be
installed on two facades fronting apublic stivet.The area of
.signs shall not exceed 15 Pert of the r(jyAface of the
Pealc ommercial or industrial buildiug
Awning or canopy signs.Letters may be painted or otherwise affixed to any
Permissible awning ar canopy as follows:
1. Location. Signs shall be limited to one sign per canopy fascia fronting
onto a street.
2. Height.The canopy sign shall not project above or below the physical
dimensions of the awnings or canopy fascia.
3. Maximum 4=gr.Awning and canopy signage,shall not
exceed lb square feet per sign.Awning and canopy siguge shall be
3
included in calculating the maximum sign area of the permissible wall
sign.
Accessory signs to gas sales in conjunction with automobile service stations or
convenience stores are permitted in addition to the signs permitted under
subsection 3-50(k)(3)of this Code.
1. Gasoline and price sign.One sign(single or double faced)per frontage an
a public street,suitable for apprising persons of the total price per gallon.
The area of such price sign shall not exceed 16 square feet on either side.
Each such sign shall be affixed to the standard of a ground sign or light
fixture,and shall state the total price.No sign posting an incomplete price
or less than the total sales price is permitted-
2.
ermitted2. Signs denoting operating instructions associated with self-service gas
facilities including gas pump,air supply and car washes are exempt from
the maximum sign area standards of subsection 3-50(k)(3)of this Code.
One changeable copy sign provided it meets the following:
1. A changeable copy sign may be a wall,freestanding or monument sign
provided it meets the sign area and height requirements of the respective
zoning district.
2. The images and messages displayed on changeable copy signs must be
static and the transition from one static display to another must be
instantaneous without any special effects with the exception of a scrolling
monochromatic message on a single color dark background.
3. Changeable copy signs may change their message no more than once
every five seconds.
4. Freestanding signs shall be subject to the same setback requirements as
other permitted freestanding signs in the zoning district except that no
electronic changeable copy sign shall be located within 30 feet of a
residential dwelling.
5. All electronic changeable copy signs shall be equipped with an automatic
dimming device that controls the sign's brightness to meet the following
standards:
i. The electronic changeable copy sign shall not exceed 500 lumens
per square meter measured one foot from the sign face for the time
period between one-half hour before sunset and one-half hour after
sunrise.
ii. The electronic changeable copy sign shall not cast glare that
exceeds 0.4 of a foot candle above ambient light measured at the
4
PrVCI1Y line of an adjoining residential property or one foot candle
measured at the curb line of a public street.
6. Certification from the sign man"Ifiwam shall be Provided gating that a
dimming device will reduce and maintain night time illumination of the
sign not to exceed 500 lumens per square meter at the sign face measured
at the sign face.
7. Changeable WPY sign displays shall be designed to fmcm the display in
the event Of malfunction,and the owner 60 discontinue the display
immediately upon malfunction,or upon notice from the city that the
display violates the city's regulations.
8. Changeable cOPY signs shall not be pomitted as window signs.
Window signs shall not exceed 33 percent of the total area of the window in
which they are displayed.
h'�" Temporary signage subject to the Provision of subsection 3-500)(8)of this Code.
..................... .........
............
................ ......�111,1111 . ....
............ ..........
.........
Section 5. Section 3-50(k)(4),Signs Within a PUD District,is hereby added as
follows:
. . .........
.................
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ftrMNttMd-Indere Left: 0.5,Hanghg.- 05"
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............
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Formatted:Body Text Indent 2
.....
Section 6. Section 3-50(k)(3)i,Comprehensive Sign Plan,is repealed in its entirety
and replaced with the following section 3-50(k)(5)as follows:
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a determ nation that rt s consistent with a previouslf individual use except upon
no permit shall be issued
or concurrently approved
comprehensive sign plan.The effect of said comprehensive sign plan is to allow and
require the owner of multiple occupancy structures to determine the specific individual
sign requirements for the tenants of his building.As sign locations,size and other sign
details maybe of some significant importance in lease arrangements between owner and
tenant,it is the city's intention to establish general requirements for the overall building
only,thus providing a building owner with both the flexibility and responsibility to deal
with his individual tenants on their specific sign needs.
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Comprehensive sign plan information. The applicant shall prepare a written and
graphic comprehensive sign plan for submission to the city.Said plan shall
include,but not be limited to the following information:
Sign location(both wall signs and freestanding signs)•
Sign area.
;. . Sign height.
Scaled building elevations.
Scaled floor plan that outlines tenant bays.
Identification of sign design.
Sign construction drawings(sections).
6
The council,Planning oannnission and city staff may request additional
MfOrMad(In from the applicant concernmg the application or may rem
expert opinions at the expense of the city, or may require as a condition of
proceeding with its consideration that the applicant furnish expert opinion
and data at the expense of the applicant
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N,multiple Occupancy structm may display more than two
overall building
mgu- Said overall building
signs shall fall within the maximum wall sign area
for multiple occupancy buildings
r,, Tenant signs.individual tenants located within multiple occupancy
structures shall be permitted to display individual signs,if ffir
have wpm"exterior y
of ent'aum to their use Or they are tenants in a
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Changeable copy wall signs are permitted subject to the provisions
of subsection 3-50(k)(3)f of this Code.
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Shopping centers. Shopping centers containing more than four separate
distinct occupancies may erect rare freestanding sign per street frontage,
not to exceed two freestanding shopping center signs per site(single or
double faced).
NL Each ground sign may not exceed 200 square feet in area,nor 30
feet in height.In lieu of multiple freestanding signs,the shopping
center may have a single freesWding sign not to exceed 300
square feet in area nor 30 feet in height.
Changeable copy signs are permitted subject to the
subsection 3-50(k)(3)f of this Code. J provisions of
2Other multiple occupancies.
Multiple occupancy structures other than shopping centers,or
shopping centers having for or less separate and distinct
occupancies,may erect one ground sign in accordance with the
provisions of subsection 3-50(k)(3)b of this Code and may identify
each separate and distinct occupancy on said ground sign.
Changeable copy signs are permitted subject to the provisions of
subsection 3-40(k)(3)f of this Code.
Single occupancy freestanding satellite sites.Not more than one
freestanding sign shall be permitted per satellite site.
1 d, Freestanding signs shall not exceed 100 square feet in area.
Freestanding signs shall not exceed 30 feet in height.
10 Changeable copy signs are pmmitted subject to the provisions of
subsection 3-50(k)(3)(f)of this Code.
Section 7.Effective Date.This Ordinance shall be effective upon its passage and
publication.
Dated the y of,........... _,x 2014.
AT'T'EST: Heinken, y
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9
ORDINANCE
NO. 14- DR4FTJZM7114
AN
-
AN
UNIT DEVELOPMENT) OF 711E NEW HOPE CITY CODE RELATED TO
y
PLANNED
DEVIATION FROM SECTION 3-50(SIGN CODE)
The City Council of the City of New Hope ordains:
Section 1. Section 4-34(a),Purpose and Intent,is hereby amended to add the following
text regarding deviation from the sign code:
(a) Purpose and intent. The purpose of this section of the zoning code is to provide for the
grouping of lots or buildings for development as an integrated, coordinated unit as
opposed to traditional parcel by parcel,piecemeal, sporadic and unplanned approach to
development. This section is intended to introduce flexibility of site design and
architecture for the conservation of land and open space through clustering of lots,
buildings and activities, which promote the goals outlined in the comprehensive plan or
serve another public purpose. It is further intended that planned unit developments are to
be characterized by central management, integrated planning and architecture,joint and
common use and maintenance of parking, open space and other similar facilities,and
harmonious selection and efficient distribution of uses. The PUD process,by allowing
deviation from the strict provisions of this Code related to setbacks,heights, lot area,
width and depth,yards, eta,and from the provisions of Cha ter 3-50 New Ho a Si
Code,by either conditional use permit or rezoning to a PUD district,is intended to
encourage:
Section 2. Effective Date, This Ordinance shall be effective upon its passage and
publication.
Dated the _ ` day of 2014.
Kathi Hernken,Mayor
ATTEST:
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4$*O Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone., 703.231.2555 Facsimile: 783.231.25$1 planners@naaplanning.com
MEMORANDUM
TO: Jeff Sargent
FROM: Alan Brixius
DATE: December 29, 2014
RE: New Hope— Sign Code Amendment
FILE NO: 131.00— 14.04
BACKGROUND
The HyVee PUD rezoning and plan review presented unique requests for signs not
readily addressed in the New Hope Sign Code. These issues included:
1. Multiple signs for single occupancy buildings. HyVee was requesting wall signs
for various components of its store (i.e., food, pharmacy, HyVee, Market Grille).
2. The New Hope Zoning Ordinance requires wall signs to be located on the
building fagade facing the public streets. The HyVee grocery store and the
HyVee convenience center wall signs are oriented to the private parking lots and
private streets.
3. The base zoning district of the HyVee site was zoned CC,-City Center District.
Through the development review, the City rezoned the property to PUD, Planned
Unit Development. Neither of these zoning districts are addressed in the New
Hope Sign Code. As such, specific district standards and/or flexibilities were
undefined.
4. The City applied the CB District standards and used the PUD to approve a
comprehensive sign plan for the entire HyVee development. Through the review
process, the Council questioned whether the PUD mechanism was appropriate
to facilitate this approval since the Sign Code is a separate ordinance from the
Zoning Ordinance.
ISSUES AND ANALYSIS
The HyVee approvals, along with the Winnetka Commons building and past CVS sign
plans, have been examples of new building signs. City staff, in response to the
aforementioned concerns, has prepared the attached Sign Code amendments that
address the following items:
Sign Area. The current Sign Code caps wall signs at 15% of the building facade
fronting on public streets. The code also places hard caps on individual wall signs. The
hard caps prevents the business full access to the 15% of wall coverage. Staff is
recommending the elimination of the hard caps in the commercial and industrial zoning
districts to give individual businesses greater flexibility in use of wall signs.
With the elimination of hard caps, the Planning Commission may wish to evaluate if
15% of the business fagade is excessive. Staff has provided sign silhouettes of HyVee,
CVS, Applebee's, and Winnetka Commons buildings to illustrate the approved signs
versus 15% of the facade coverage. Each of these buildings has wall signage less than
15%. Only Applebee's, with the inclusion of the awnings that contain the restaurant's
logo, exceeds 10% of their facade. In this light, the Planning Commission is considering
the elimination of the hard caps on sign area for individual signs and may also wish to
reduce the percentage of fagade available for wall signs.
Number of Signs. The New Hope Sign Code limits the number of wall signs for single
occupancy buildings to two signs; and tenants within a multiple occupancy building to
one sign. In review of this, staff is suggesting allowing businesses to pursue a
comprehensive sign plan to obtain flexibility in the number of signs allowed, provided
the accumulated sign area does not exceed the allowed percentage of the fagade.
Districts. The proposed amendment includes the CC District with the other
commercial districts in the Sign Code. We have also limited freestanding signs within
the CC District to monument signs not to exceed 12 feet in height.
The sign amendment also creates sign regulations for a PUD Zoning District. This
district mandates a comprehensive sign plan. This district allows the City to consider
variations on sign area, number, and location provided all signs stayed below the 15%
of building fagade for total sign area.
Comprehensive Sign Plan. The new sign amendment is being expanded to include
the following:
1. Greater flexibility in individual tenant signs with regard to number and sign area.
2. Anchor tenants may include business identification beyond the tenant bay
location..
2
3. Provision of a directory board for multiple tenant buildings having a single
common entrance.
4. Allow single occupancy buildings to pursue a comprehensive-sign plan for
flexibility in number of signs and sign area.
CONCLUSION
The Codes and Standards Committee met on December 10, 2014 to discuss this
amendment. They recommend that this amendment proceed to the Planning
Commission. The proposed amendment attempts to address sign concerns of our more
recent development applications, while still maintaining local review and control.
c: Aaron Chirpach
Stacy Woods
Steve Sondrall
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PLANNING CASE REPORT
MY of New Hope
Meeting Date: January 6,2015
Report Date: December 22,2014
Planning Case: 1413
Petitioner; City of New Hope
Request: Text Amendment for Portable Exterior Storage Units
- 1111".
I. Request
The Codes and Standards Commission met on December 10, 2014, to consider a text amendment that
would regulate the use of portable exterior storage unit, throughout the city. The City has received
complaints regarding the use of temporary exterior storage units in the community. The New Hope
Ordinance does not currently address the use of temporary storage units on properties,
demand for this storage device and its us
needs l ge usefulness in addressing temporary Given arise i
e
ary storaand ni to cation with
relo
p �g staff conducted a study of the regulation of these containers in other ge
the goal of understanding how they may be accommodated in the City of New Hope.
Northwest Associated Consultants staff reviewed Albertville,Plymouth, and Golden Valley ordinances
for regulation of temporary exterior storage units. These communities do not currently re
gulate such
containers. The City of Little Canada, however,has implemented an ordinance to specifically regula e
temporary moving containers. The guidelines are addressed in the exterior storage ordinance, which
Permits "Temporary moving containers being used for current household relocation, for a eriod of no
more than thirty (30) days." p
In conversation with the Little Canada City Planner and Code Enforcement Officer,it was clarified that
containers are only allowed for 30 consecutive days, and must be parked off of the public street and on
a private driveway. No permit is required for the moving container,but if the city receives complaints
that such containers have been stored on a property for an extended period of time, details pertaining
to the start and end dates for the placement of the container would be required from the homeowner,
Staff feels that an ordinance that mirrors Little Canada would suffice in regulating portable exterior
storage units. Some of the specifics of the ordinance include:
1. No Permit Required. Staff feels that no permit should be required, as there would be no
inspections needed for placing the structure on the property.
2. 2Q:PAy Duration. Each portable storage unit can be placed on the property for no more than 30
consecutive days in one calendar year. These types of units are meant to assist in remodeling jobs
or aid with moving into/out of a building. Staff feels that 30 days is sufficient to satisfy residents,
needs in this regard.
3. Setbacks. Portable storage units shall be located no closer than 15 feet from the public street curb,5
feet from a private street curb and 5 feet from the side property lines. The setbacks from the street
would ensure that these units would not be stored in the public rights-of-way.
4. Enforcement. Staff will enforce the ordinance on a reaction-only basis,based on complaints that are
generated by the public. Once the complaint is investigated, staff will make sure that the unit is
placed properly on the property and will inform the owner of the property that the unit my only be
placed on the property for a maximum of 30 days.
IL Recommendation
The Codes and Standards Commission reviewed the draft ordinance and was in favor of moving
forward with imposing regulations on portable exterior storage units. Staff recommends approval of
the ordinance establishing regulations for portable exterior storage units in residential areas
throughout the City of New Hope.
Ill. Attachments
• Draft ordinance
• Alan Brixius memo to Jeff Sargent
CITY OF NEW HOPE
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING NEW HOPE ZONING ORDINANCE SECTION 4-2
RULES AND DEFINITIONS AND SECTION 4-3(0)(9) EXTERIOR STORAGE, AS
PERTAINS TO THE DEFINITION AND USE OF TEMPORARY STORAGE UNITS IN
THE CITY OF NEW HOPE
THE CITY COUNCIL OF THE CITY OF. HOPE ORDAINS:
Section . Section 4-2 of the New Hope Zohjng Ordinance, 14[-les and D
hereby amended to read as follows: efinitions, is
Tem ora Stora a Unit. A tem a store e u . i �.°.enclosed writ r
Placed on a roe for use ins . � tem oraril
ateriafs fot':, -._Behold relocation or
improvement proLcts.
Section 2. Section 4 of ..New Hop$Zoning D ance, General Provi
hereby amended to-fail as srons, is
Section 4-3(d) Perform r ce St lards.
Section 4 d
{ ) Ezlnortcxge Ail- te �als:.:and equipment, except as specifically
authori elsewhere this Gc shall be•. red within a building or completely
Y
screen •�:: . y
eel so as not to b$W.
.. ible' adjoining properties or public street right-of-way,
except fortes following:
f. Tem ora s e units b+�`": used for household relocation and im rov
ro'ects are a ed su `" to the--win conditions: ement
1. The store a u• 'Js-`�6nclosed and secure.
2. The store. a unW"is loca#ed on a 12arc-I for no more than 30 consecutive da
in one calendar ear.
3. The stora a unit is located on a drivewa or hard surface area in the front
Yard- must be setback a minimum of 15 ft. from the ublic street curb and 5 ft.
from a vri/ate street curb and ma not intrude on sidewalks.
4. No ennit is re aired for the tem are exterior store a unit. The C' ma
re uire information Pertai wingto the dates upon which the unit was pLaced on a
Property and when it will be removed if concems are raised over the duration of
lacement of the store a unit on the g ert .
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION
Approved by the New Hope City Council the -- 2044•
gthi Hemken, Mayor
Valerie Leone, City Clerk
SII ilw 1 ,S S 10 ,i i A T L D C 110 M S 11W L T AIP11iw111i,1ll "IIIC �S
"W:a^ 'tlGa�, 1P4'dbk,„ 'wYv"TIh:S_.w.�. YIV` � 1114 '11 IIiV
4800 4ison
Memorial Highway, Suite 202. Golden Valley. MN 55422
Telephone: 763.231.2565 Facsimile: 783.231.2561 planners@nacpianning.com
MEMORANDUM
TO: ,teff Sargent
FROM: Michelle Bamess/Alan Brixius
DATE: October 24, 2014
New Hope Temporary exterior storage unit ordinance
FILE: 131.00
BACKGROUND
The City has received complaints regarding the use of temporary exterior storage units in the
community. The New Hope Ordinance does not currently address the use of temporary
storage units on properties. Given a rise in demand for this storage device and its usefulness
in addressing temporary storage and relocation needs, planning staff conducted a study of the
regulation of these containers in other communities with the goal of understanding how they
may be accommodated in the City of New Hope.
Few of the communities examined had specific ordinance addressing temporary exterior
storage units. However several communities had exterior storage ordinances addressing the
storage of other large items such as recreational vehicles. Staff also examined regulation for
recreational vehicles to understand the performance standards which have been applied to
uses which are similar in size and site impact to temporary exterior storage units. The
following is a brief summary of ordinance pertaining to moving containers and recreational
vehicle storage. A draft ordinance amendment incorporating some of these guidelines is also
being provided for consideration.
ANALYSIS
Temporary Exterior Storage Unit Requirements. The City of Little Canada has
implemented ordinance to specifically regulate temporary moving containers. The guidelines
are addressed in the exterior storage ordinance, which permits "Temporary moving containers
being used for current household relocation, for a period of no more than thirty conversation with the Little Canada City Planner and Code Enforcement Officer,30was clarified
that containers are only allowed for 30 consecutive dait
ys, and mt be arked off of the pu
street and on a private driveway. No permit is required for the moving container,, but if the ciic
receives complaints that such containers have been stored on a property for an extended
period of time, details pertaining to the start and end dates for the placement of the container
would be required from the homeowner.
Planning staff also reviewed Albertville, Plymouth, and Golden Valley ordinances for regulation
of temporary exterior storage units. These communities do not currently regulate such
containers.
Exterior Requirements for Recreational . Several communities have
exterior storage ordinances addressing recreational vehicles. Recreational vehicles are similar
in size to exterior storage units. POD is a popular temporary storage unit brand. POD units
are as large as 16' x 8' x 8' for residential moving needs, while recreational vehicles average
between 18 —25 feet in length and would be similar in width to POD units. Both RV's and
temporary storage units require locational standards sensitive to site and neighborhood
conditions given their size and potential for visual or physical impact to the spaces they
occupy. As such, performance standards applied to RV's may be worth considering in
formulating regulations for storage units. Planning staff examined how New Hope, Albertville,
Plymouth and Golden Valley regulate recreational vehicles (RVs).
Generally communities only permit RVs in front yards given certain conditions, including the
following:
• The RV is located on a driveway or hard surface.
• The RV is setback at least 15 feet from the street curb.
• The RV is not allowed to intrude on sidewalks.
• The RV may not be located over stormwater drainage or easement areas.
• The RV may not take up a minimum required off-street parking space.
The described locational and surfacing standards may be applicable to the placement of
temporary storage units on residential properties as well. However, given the fact that the use
of these containers requires proximity to home entrances, placement on driveway surfaces,
including required parking spaces, should be considered.
CONCLUSION
Planning staff recommends the City consider new standards to permit the placement of
temporary storage units on properties for use in storing materials for household relocation and
improvement projects. Staff has created a draft ordinance for exterior storage units based on
the analysis in this report. The draft ordinance provides that the placement of exterior
temporary storage units on properties should only be allowed with performance standards
regulating the location, time duration, and security for use of such containers.
Cc: Aaron Chirpic
2
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE,MINNESOTA 55428
PLANNING COMMISSION MINUTES
August 6,2014
City Hall,7:00 p.m.
LL DER 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, Wade English, Greg Gehring; Roger Landy;
Christopher McKenzie;Tom Schmidt;Steve Svendsen
Absent: Jeff Houle;Ranjan Nirgudd
Also Present: Jeff Sargent, Director of Community Development; Aaron
Chirpich; Community Development Specialist; Stacy Woods,
Assistant City Attorney;Alan Brixius, PIanning Consultant; Chris
Long,City Engineer;Debra Somers,Recording Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING Chair Svendsen introduced Item 4.1, Planning Case 14-09, request for a
Planning Case 14-09 Preliminary and Final Plat, rezoning of certain property from CC, City Center
Item 4.1 District to Planned Unit Development(PUD), and a Site Plan Review,to allow
the construction of a retail grocery store, convenience store/gas station, and
future retail/office building, known as Hy-Vee, Inc., 4300 Xylon Avenue
North,Anderson Companies,Inc.,petitioner
Director Sargent stated that the applicant was requesting a Preliminary/Final
Plat. The applicant will be creating three lots and an outlot during the platting
process as follows:
Lot 1: 90,000 sq.ft.for the grocery store
Lot 2: 4,500 sq.ft.for the gas station/convenience store
Lot 3: Future office/retail building site
Outlot:City Plaza
Director Sargent indicated the applicant proposed to rezone the parcels from
City Center(CC),City Center District to a PUD in order to have flexibility in site
design and layout.
The applicant is also requesting a Site Plan Review which is required when
modifications,additions or enlargements to a building occur.
Director Sargent reviewed some background information.He informed the
Commissioners that the property is the City Center and the visioning process
began in early 2010. The New Hope City Center vision was adopted on June 13,
2011.Kmart Shopping Center was purchased by the Economic Development
Authority(EDA)in July 2012,and the City Center Zoning District was created in
November 2032.Director Sargent noted that Kmart and the Wells Fargo Bank
drive-through buildings were demolished in 2013.
Director Sargent continued by stating that in December 2013,City Council
reviewed proposals from three master developers for possible uses on the
Kmart site.He further stated that after deliberation and discussion,the City
Council entered into a Preliminary Development Agreement with Hy-Vee in
March 2014.The EDA approved the term sheet and authorized preparation of
the purchase and development agreement with Hy-Vee on June 23,2014.He
noted that on June 23,2014,the City Council approved supporting the
convenience store and gas station use in conjunction with the development of
the Hy-Vee grocery store.
City staff worked with Stantec,the city s engineering consultant,on the design
of new streetscape improvements along Xylon Avenue.Staff would like to see
some of the streetscape elements incorporated into the Hy Vee design.
Director Sargent informed the Planning Commission there were no park
dedication fees collected because the applicant is not creating any more lots than
what already existed.
Director Sargent explained the applicant proposed to rezone the property from
CC,City Center district to PUD,Planned Unit Development.Originally the gas
station uses were not specifically allowed in the City Center District.City
Council gave support of the gas station use on June 23,2014.He added that the
PLTD District would give flexibility on specific uses and overall site design.
Director Sargent stated that a Site Plan Review was needed to ensure the
proposed development met the intent of the zoning code in relation to the
placement of the building,landscaping,parking,the design guidelines,etc.He
reported that when considering the zoning analysis,staff took the underlying
City Center Zoning District and applied it to the Hy-Vee parcel so staff could
use it as a basis of regulating some of the proposed zoning elements,such as the
number of parking stalls needed,setback of buildings,landscaping,densities,
etc.
Director Sargent stated that the future pad would not be discussed at this time
as the city has not received a proposed use for the site yet.Once a use comes to
staff it will be brought back to the Planning Commission for consideration.
Regarding PUD flexibility,Director Sargent pointed out that the City Center
District required buildings to be placed 10-25 feet from the street in order to
achieve a downtown feeling.Staff approves of the proposed location of the Hy-
Vee grocery store,which wouldbe contingent on PUD flexibility.
Director Sargent indicated that PUD flexibility was encouraged to allow for the
proposed placement of the convenience store as well.
Director Sargent indicated the City Center District was very specific on the types
Planning Commission Meeting 2 August b,
Of the regulations for parking. He explained that a motor fuel station or gas
station was not part of the City Center district,thus staff took that regulation
from the zoning code and applied it to the property.The number of stalls Hy-
Vee would be required to have is between 322-602 stalls.Staff can give credit for
elements such as an adequate snow removal plan and things of that nature in
Proximity to public transit to justify lowering the parking requirement need.
Director Sargent indicated that the applicant proposed 565 on-site parking stalls,
which falls within the parking ratio range.In order to be granted the reduction
in required parking,the applicant would have to demonstrate adequate snow
removal by providing a detail snow removal plan.
Concerning circulation,access,traffic,emergency vehicle access,Director
Sargent stated there were 3 access points off of Xylon Avenue.He explained that
the northern-most access point would be used for deliveries and would run
along the backside of the property.The turnaround area was designed to
accommodate large semi-trucks or any type of delivery vehicles.The PUD
flexibility allowed driveway opening to be increased to 37 ft.in width to
accommodate larger vehicles accessing the site.
Director Sargent commented that the second of the three access points along
Xylon Avenue would be used for main east/west access corridor along the front
of the store.Future City Center plans call for this"street"to extend further east
to gain access onto Winnetka Avenue.
Director Sargent continued by stating the nine parking spaces in front of the
restaurant would have to be removed because of the need of a fire lane.He
further stated that staff felt this is in the best interest of the city and with the
recommendations from the West Metro Fire Department that there needs to be a
fire lane in this area.The driveway opening being increased to 40 feet in width
was the best use of PUD flexibility to accommodate traffic turning/access into
the site from one of the major entry points into this property.
Director Sargent reported that the southern access point,closest to Xylon and
42nd Avenues,would be used for an ancillary east/west access corridor for the
gas station and fixture office/retail building.The driveway lines up with the
northern Wells Fargo Bank driveway per recommendations of the traffic study.
He further reported that staff had concerns regarding the turning radii used for
large trucks accessing the gas station property,especially tight turns with snow.
Staff did get an amended version of turning radii detail plan,which will be
reviewed.
Currently,there is one access point off of 42nd Avenue.That access point would
serve as the main north/south corridor through the Hy-Vee site and has a right-
in,right-out turning configuration onto 42nd Avenue or into this property.
Director Sargent stated the main sidewalk would connect pedestrians from 42nd
Avenue to the front entrance of the store.Ancillary sidewalks will help with
Planning Commission Meeting 3
August 6,2014
connections from Xylon Avenue to the front of the grocery store and from Xylon
Avenue to the gas station/convenience store.He added that this configuration
had sidewalks on both sides of a landscaped median.
Director Sargent described the extensive landscape and screening plan around
Hy-Vee which meets all the minimum requirements.There was excessive
screening along north property line to help buffer the back of the building from
the residential property.Staff spoke with one of the managers of the complexes
to the north and he/she liked the idea of a buffer there.Director Sargent
mentioned that staff would like to see the types of shrubs and the number of
shrubs HyNee would use and incorporate these into this plan as part of the
conditions of approval.
Director Sargent explained the lighting plan.He further explained there were
acceptable light levels throughout the development,although light levels were a
little short along the sidewalks.
Director Sargent mentioned that staff would continue to work with Hy-Vee to
incorporate some of the landscape elements as well as the pedestrian-scale
lighting elements into the plan that would be consistent with the Xylon Avenue
streetscape improvements.
Director Sargent mentioned the applicant would need some PUD flexibility with
the proposed signage.Staff encouraged the allowance of additional signage on
the back of the convenience store to help make the rear of the building more
aesthetically appealing.Staff,after review of the elevations on the front of the
building,agreed it had a proportional use of signage for the building,especially
for the types of uses in the building.
Director Sargent stated the applicant has proposed the use of monument signs
on sots 2 and 3.These monument signs must meet the minimum setback
requirements,which is a condition of approval.There is some PUD flexibility for
all signs and sing plans will be reviewed and considered through the PUD
process.
Regarding the grading,drainage,and erosion control,Director Sargent reported
the applicant is proposing an underground storm water retention facility located
in the northeastern corner of the lot.A maintenance agreement will be needed
for this facility.
Director Sargent reviewed the design guidelines.The building materials meet
intent of the design guidelines.The applicant will use of precast exposed
aggregate,brick,EIFS,metal.and glass.Differing articulations and parapet
heights throughout and this give the grocery store the appearance of a multi-
tenant building.
Director Sargent pointed out the snow removal area located on the western
parking lot.A comprehensive snow removal and management plan would creed
Planning Commission Meeting
4 August 6,2014
to be submitted in order to justify the reduction of parking spaces for the
Property
Staff recommended that the Planning Commission recommend approval of the
Proposed Preliminary and Final Plat approvals with the following conditions:
I. Hennepin County approval of the Preliminary and Final Plat.
2. The City Engineer approval of the width and location of all drainage
and utility easements.
3. The Preliminary and Final Plat provides a drainage and utility easement
over the underground storm water retention system. The applicant
shall provide for city approval a maintenance plan for the long term
maintenance and upkeep of the underground storm water retention
system.
4. The site grading,drainage and utility plans are subject to review and
approval by the City Engineer.
5. The Planning Commission waives the requirement for their review of
the Final Plat.
Staff recommends that the Planning Commission recommend approval of the
rezoning of the property from CC,City Center District to PUD District with the
following conditions:
1. The city approves the land uses identified in the site plan.Any
additional future land uses must be allowed under the CC,City Center
Zoning District.
2. The city approves the building setbacks as shown in the approved site
plan.
I Site Access.The applicant shall address the following site access issues
in a revised site plan,or other document as part of the final stage
submission for city review and approval:
a. Submission of cross access easements between the three lots in the
subdivision.
b. The right turn lane design from 42nd Avenue shall be subject to the
review and approval of Hennepin County and the city engineer.
c. The applicant must provide a cross easement in favor of the city to
allow the extension of private streets through the properties to the
east.This must preserve the opportunity to extend the main
driveway at the front of the grocery store east to Winnetka Avenue.
d. The site plan shall be revised to improve semi-truck access and
egress through Lot 2,utilizing recommendations as outlined in the
Northwest Associated Consultants staff report.
4. The city approves the curb cut locations and widths as shown on the
site plain
5. Parking.The applicant shall address the following parking issues
through a revised site plan or other documents:
a. Applicant must provide a comprehensive snow plowing,snow
storage and/or show removal plan for the entire PUD area to
qualify for the reduced number of parking stalls.
b. Drive aisles serving 90 degree parking stalls must be a minimum of
Planning Commission Meeting 5
August 6,2014
24 feet in width.
abut4n -thee thlic- is
c. Me
as shown on the site plan.
d. All parking lots throughout the PUD shall maintain a minimum 10-
foot setback from all street rights-of-way.
e Parking lots abutting public streets shall be screened with
landscaping approved by the city.The city will work with the
applicant to incorporate streetscape elements from Xylon Avenue
that may.include such features as wrought iron fencing along Xylon
and 42-d Avenues rights-of-way.Corresponding easements will be
negotiated for the placements of these elements.
f. The applicant must remove the nine parking stalls adjacent to the
south side of the building and located in front of the restaurant
entrance.West Metro Fire and Rescue Department will designate
the area in front of the restaurant as a fire lane to ensure adequate
access to the restaurant in case of a fire.
6. Bicycle parking shall be provided on Lot 2.The convenience store entry
and sidewalk detail must show the location and number of bicycle
spaces.
7. Gas Sales:The plan set addressing the gas sales operation must meet the
following conditions:
a. The fuel pumps and canopy must be shifted to the northeast of the
current location to improve truck access and egress through Lot 2.
b. The fagade of the gas canopy is limited to 3 feet in height.
C. All canopy fighting must be recessed into the canopy.No light
source may extend below the canopy ceiling.
8. Outdoor sales displays:The applicant shall revise the site plan to
illustrate locations and sizes of anticipated outdoor sales displays.Said
areas must meet city zoning standards.Sales displays shall be limited to
approved locations.
9. The lighting plan and landscape plan shall be approved with the
understanding that changes to both plans may occur given the final
approval of the Xylon Avenue streetscape design.
10. Additional lighting shall be provided along the internal sidewalk to
provide a minimum 2.0 foot candle light level.
11. Landscape Plan:The landscape plans must be revised to address the
following:
a. Landscaping along both 42-d Avenue and Xylon Avenue must be
coordinated with the city streetscape designs.A wrought iron
fence/decorative fence may be an additional element included in
these plans that would require easements from the applicant.
b. The L2 and L3 landscape details must identify the plant species and
numbers by location.
c. The landscape plan must provide additional landscape screening
along the.drive-through service lane on Lot 2.
12. Building Design:The city approves the building designs based on the
building elevations with the following flexibilities and conditions:
a. The city approves the side window coverage of less than 20 percent
Planning Commission Meeting
6 August 6,2014
based on the approved building elevations.
b. The applicant provides details of screening of rooftop equipment
from adjoining properties and public streets.
C. In addition to screening,the rooftop equipment shall be painted to
match the building.
d. The applicant shall address the back of the convenience store facing
Xylon Avenue by screening the drive service lane,increasing the
parapet height to match the front fagade,consider tenant wall signs
on the west side of the building.
13. Sign Plan The city approves the comprehensive sign plan as shown on
the building elevation,canopy elevation,and the monuments sign
details as part of the PUD with the following conditions:
a. The city approves the wall sign,locations,numbers and sizes as
illustrated on the building elevations for the grocery store.
b. The city approves the wall sign,locations,numbers and sizes as
illustrated on the building elevations for the convenience store.
c. The city approves flexibility to allow wall signs on the west side of
the convenience store.
d. The city approves flexibility for the number and location of the gas
canopy signs as illustrated on the canopy elevations.
e. The applicant must provide additional information on the size and
location of the proposed monument signs to ensure the sign can be
located to meet the required setbacks,will not obstruct traffic sight
lines and will be coordinated with the streetscape landscaping.
14. As this PUD proceeds to the Final Stage,the applicant wiII be required
to provide a final plat and final development plans that incorporate the
conditions of approval tied to the development stage.Additionally,the
applicant must provide for city review and approval all cross access
easements,association documents that outline maintenance and shared
costs for shared private streets,utilities,and storm water facilities_The
city will also require development and PUD agreements that will be
recorded against the property along with the final plat.All elements
related to the Final Stage PUD,and all required easements and
documents shall be submitted and approved prior to the issuance of a
building permit.
15. The applicant shall comply with all requirements as outlined in the
West Metro Fire and Rescue memorandum dated July 20,2014.
16. The applicant shall comply with all requirements as outlined in the
Stantec memorandum dated July 31,2014.
Staff and representatives for the applicant were present to answer any
questions.
Chair Svendsen asked Director Sargent if he had spoken to Fire Inspector
Shelby Wolf,with the West Metro Fire and Rescue about her reasons for
requiring a fire lane in front of the restaurant area.
Director Sargent replied that,in speaking with Fire Inspector Wolf she stated
Planning Commission Meeting 7 August 6,2014
that anytime there is a brand new building and the department can pick the
easiest access into that building they want to take advantage of that
opportunity.She further stated that it is consistent with big box retailers to
have a fire lane across the full front of the store.
Chair Svendsen questioned whether the fire lane was necessary even though
the Commission has another case coming up that does not have that
capability.
Director Sargent stated it could be the fact that the next case is a smaller
building that has three separate tenants rather than a big box retail site that is
more consistent with how those areas are addressed for fire lanes.
Chair Svendsen clarified that the final stage of the PUD may not be approved
tonight by this Commission but would go to the City Council for its final
approval.
Director Sargent confirmed that was correct.The Planning Commission will
approve the development stage with the understanding that the final stage
will ultimately be approved by the City Council and staff.
Commissioner Brinkman asked who would make the decision when someone
wants information about Lot 3,the proposed office/retail space.
Director Sargent reported it was being taken care of through the development
agreement with Anderson Companies or Hy-Vee to develop that site within
three years.If it is not developed in that time frame there are contingencies in
that development agreement that allows the city to step in and repurchase the
property.
Commissioner Brinkman asked if a person wanted to inquire about putting
restaurant in the Lot 3 area.
Director Sargent replied that ultimately the development agreement would
have some contingencies to direct what types of uses everybody agrees could
be allowed on that site.For the actual construction of the site,Anderson
Companies would be required to come back to the Planning Commission for a
site plan review.
Commissioner Brinkman questioned the two areas going east-west from Xylon
to Winnetka Avenues and asked where these go through near Applebees.
Director Sargent clarified there is only one access point coming through the
middle to Winnetka Avenue.The.city essentially does not know where that
road will be located until the City hears from the next developer for the next
phase of City Center.The second east-west access point would truncate at the
access point that is currently near Applebees.
Planning Commission Meeting 8 August 6,2014
Commissioner Brinkman wondered there would be bicycle parking.
Director Sargent noted that the plans do not show any bicycle parking at the
convenience store and staff would like to see additional installed there.Al
Brixius,City Planner,mentioned the city asked Anderson Companies to
spread the bicycle parking around so it was available at each site.
Commissioner Brinkman questioned whether or not the lighting on the
sidewalk from 42nd Avenue to the grocery store was correct.
Director Sargent mentioned that staff has minimum requirements specifically
for the amount of illumination that should be cast on the sidewalk and there
are some areas on this plan that do not meet that minimum requirement.Staff
would like more lighting added so there is at Ieast 2.0 foot candles on the
sidewalk.
Commissioner Brinkman stated that to get to the sidewalk from 42nd Avenue,
there would be a lot of walking traffic on 42nd Avenue;would there be lighting
out there as well.
Director Sargent stated that staff is working on the pedestrian-scale lighting
along with the Xylon Avenue streetscape and would incorporate those
elements on 42nd Avenue.
Mr.Brixius had one other lighting request on the east side of restaurant in the
outside dining area.Additional landscaping to screen the back of Winnetka
Center was also requested.
Phil Hoey,2005 East Main,St Charles,Iowa was recognized.Mr.Hoey
introduced the Hy-Vee team.
Chair Svendsen noted there appeared to be a tree in the proposed road that
goes through to the east towards Winnetka Avenue North("Winnetka
Avenue")and asked Mr.Hoey to work with their landscape designer to save
the tree.
Chair Svendsen pointed out that the elevations noted for the grocery store
were wrong compass orientation on the plan.Mr.Hoey will have this
corrected.
Chair Svendsen asked Mr.Hoey's opinion/comments on the nine parking
stalls in front of the restaurant.
Mr.Hoey explained that the restaurant is a newer concept for Hy-Vee.Market
Grill would be full service restaurant that will be competing with Applebees,
Granite City and other sit down,high quality restaurants.Those same
restaurants have"to go" service,pickup service,up front parking and other
elements.It becomes a critical component for Hy-Vee competing in that arena
Planning Commission Meeting 9 August 6,2014
to have that parking up in front of our building.
Mr.Hoey continued by stating the nine stalls would be used for people to
come in to pick up products and/or pick up their food to go.Hy-Vee would
like to be able to serve those customers.Mr.Hoey understands the concern
about the safety from the fire department.He thinks there is an adequate fire
lane that has been provided in front of the building.Mr.Hoey would like fire
trucks to get to their building in an emergency and Hy-Vee wants to make
sure to accommodate that service.The Hy-Vee team believes there is plenty of
room to accommodate that service.
Commissioner Landy asked what time of day the trucks arrive to unload and
if the trucks shut their engines off during deliveries.
Mr.Hoey stated that trucks arrive at different times throughout the day and
night.Where the store director can he will work with the community to make
sure he is a good neighbor.
Commissioner Landy commented that the city and planning commission have
been looking at the Hy-Vee property for a long time and have had various
ideas of what the property should look like.One of the main ideas was to
include some sort of pedestrian mall coming from Winnetka Avenue all the
way through to Xyion Avenue.Commissioner Landy noticed this type of walk
was not in the final plan but he asked if Hy-Vee would be amicable to
something similar.
Mr.Hoey responded by stating that a pedestrian mall connection was planned
for and is a part of the city requirements were that Hy-Vee provide an
easement for that connection.Mr.Hoey thinks it is important for their
business as well.
Commission McKenzie noted there was a plan for future expansion of the
main building and asked Mr.Hoey to speak to that.
Mr.Hoey repliedL that Hy-Vee is a 90,000 sq.ft.store.Hy-Vee would like to
think and plan ahead for future expansion.The Market Grill is a newer
concept and Hy-Vee would like to leave themselves open for whatever the
next new concept may be.Mr.Hoey continued by explaining that the store
will operate as four separate businesses with the Market Grill,the food store,
the pharmacy,and the Hy-Vee wine and spirits.He wants to be prepared for
whatever the next great thing may be and put it in New Hope.
Commissioner McKenzie,referring to the contention with West Metro Fire
and Rescue concerning the nine parking stalls asked if Hy-Vee had an altered
plan or could the nine parking stalls be placed elsewhere and still have the
same function.
Mr.Hoey stated his team looked at alternatives.Hy-Vee understands both the
Planning Commission Meeting 10 August b,2014
staff's position and the fire chief's position.Hy-Vee team has looked for other
alternatives but has not been able to come up with any other ideas thus far.
They did look at space on the east side of the building but felt it would be too
far from the restaurant.Mr.Hoey believes that the present location of the nine
stalls is the best location.
Commission McKenzie asked Mr.Parks what he anticipates the maintenance
of the underground retention system to be,and will the system design work as
well in twenty years as it does today.
Mr.Parks from Westwood Engineering explained the system is a low ground
vault which is kind of a half moon shaped pipe.It is a StormTech product and
ranges in size between 21h feet to 41h feet.Hy-Vee is looking at the larger
chambers but is has not been entirely engineered,so it may end up being a
large diameter,perforated pipe such as a 4-5 foot diameter circular pipe.The
system is imbedded in rock with a couple of feet of rock below it.Within the
sand is a perforated drain tile pipe that provides some storage and additional
storm water treatment as the water goes through the sand.
The system Westwood has monitored the longest is at the Cub Foods in
Lakeville,Minnesota.Westwood has a video camera that is used to monitor
the system once a year.
Commissioner McKenzie asked if there were long term examples of the half-
moon system and was there long-term silting of the drain tile and losing
infiltration.
Mr.Parks stated that the long-term operation of the system becomes simply a
maintenance clearing issue.He could not point to any long-term examples of
the StormTech system that he has designed that was for more than 5-6 years
old.
Director Sargent added the city has requested an easement over the system so
if maintenance is not performed by Hy-Vee,the city could step in and do the
maintenance for them..
Commissioner McKenzie highly encouraged staff and the city engineer to
consider the long term and ease of maintenance on these systems.It may not
be as easy other systems on the market.
Commissioner McKenzie inquired about Hy-Vee's sweeping maintenance
plan.
Mr.Hoey indicated the store manager is responsible for the keeping-up the
maintenance.If the manager is not properly maintaining this lot he will have
to pay to have it repaired and he is very incentivized so that those costs stay
low.
Planning Commission Meeting 11 August 6,2014
Chair Svendsen invited the public to come forward and address the
Commission.
The following persons addressed the Planning Commission:
Mark Jennings,6020 Virginia Avenue North;
* Robert Durand,Plymouth Minnesota;
Susan Beaubaire,4617 Ensign Avenue North;
Rick Riley,8001 37th Avenue North.
Concerns included the following:
1. Is the drainage system designed to withstand a 100-year flood event?
If it does not hold up,who would be liable for the damage?
2. How does the sign request compare to what Kmart had for their
signs?
3. Screening of Hy-Vee property versus existing mall(behind Hy-Vee)
with landscaping.
4. City staff said surveys done;has not seen public results of those
surveys.
5. What are the proposed hours of operation for the store?
6. Proposed estimated customer count per day.
7. City's survey results concerning Hy-Vee.
S. When considering the landscaping,would be feasible to incorporate
native Minnesota plantings or edible plants?
9. Has the applicant considered moving the restaurant to the west side to
help with the nine stall parking question and the views are nicer.
10. Future parking to the west,what is it,why is it and whether or not the
restaurant nine parking stalls could be put there.
11. Concerning city ideas and the past vision from the old commissions,
how many Planning Commission member were around then(yes
Chair S&Landy and around when did first go)?
Chair Svendsen wrote down all questions from public.He called the petitioner
forward and addressed each question as follows:
Chair Svendsen read Mark Jennings first question asking if the drainage
design was adequate for a 100-year floods.
Mr.Parks indicated that a significant 100-year flood event could be 6-7 inches
of rainfall within 24 hours.If this were to happen the water would puddle in
the Kmart side then overflow to the south to 42nd Avenue.The proposed site
has similar characteristics with the water standing in the parking lot and when
the level rises to a certain height,the water still goes to 42nd Avenue.However,
the site will discharge a significant less volume and discharge rate than
presently occurring due to the storm water vault and the additional green
surface.
Mr.Parks pointed out that the storm water management design meets all rules
from the city and the watershed in terms of how Hy-Vee will handle storm
Planning Commission Meeting 12 August 6,2014
water discharges.
Director Sargent spoke to Mr.Jennings question concerning the amount of
signage.He has no data as to what the percentage it was to the Kmart
building.Staff looked at the amount of Hy-Vee's signage and felt the signage
is adequate and adequately proportioned.
Mr.Brixius mentioned that by the city's ordinance the applicant would be
entitled to up to 15%of the building face for signage.For the grocery store it is
at 6.3%based on 623 sq.ft.of combined signage.The flexibility Hy-Vee is
asking for is the multiple signs.
Mr.Jennings question concerning the possible screening the back of the Hy-
Vee property at the existing mall was addressed by Director Sargent.There is
some concern with the back of store on the property to the east.
Director Sargent stated that staff would be speaking with the owner of the
existing mail to find out what considerations he can make to the back of the
existing mall to dress it up.There are no requirements from staff to screen
buildings adjacent to Hy-Vee.Staff feels Hy-Vee's landscape plan for
screening from adjacent residential zoned property is adequate.
Chair Svendsen stated that Mr.Jennings next question concerned survey
responses are not a part of this commission's responsibility.
Director Sargent responded and explained that there were two surveys;one
survey was through the open house.Director Sargent believes the response
from that survey was around 80%in favor of Hy-Vee and the remainder either
did not want to see Hy-Vee built or had some indifference of opinion on it.
Director Sargent stated that the results of online survey showed 75%of the
respondents being for the project,and the remaining 25%being either in the
middle or did not want the project to proceed.The number of results the city
received for the open house survey was approximately 100;and close to 200
surveys were received from the online survey.
Chair Svendsen read Mr.Jennings question concerning the hours of operation
for the grocery store and different elements.
Mr.Hoey replied that Hy-Vee is basically a 24-hour operation,with the
exception of the liquor store.
Chair Svendsen asked Mr.Hoey if Hy-Vee has done any customer count
projections.Mr.Hoey did not want to share that information as it is
proprietary.
Chair Svendsen explained to Robert Durant,that his questions were mostly
business orientated questions rather than design related and referred Mr.
Planning Commission Meeting 13 August 6,2014
Durant to the City Council to answer his questions.
Chair Svendsen stated that Ms.Beaubaire's question concerned landscaping
and the inclusion of native Minnesota plantings and possible edible plantings.
Mr.Hoey indicated their landscape engineer was not present tonight.Mr.Parks
indicated that Hy-Vee would like to use native plantings.All of the trees Hy-Vee
plans to use,such as boulevard trees,ornamental trees,a variety of pines trees,
spruces,and conifers are all native to Minnesota;however,it does not include
native grasses.
Chair Svendsen referred Ms.Beaubaire to the city forester who has a list of
acceptable plantings that all applicants will work towards.
Chair Svendsen continued to address questions from the public specifically Mr.
Riley who asked if it was feasible to move the restaurant to the west side of the
building where there are better views.
Mr.Hoey addressed Mr.Riley's question by stating Hy-Vee tried to design their
building in a way to fit into whatever is going to happen in the future.Hy-Vee's
hope is that in Phase H or the next redeveloper beyond Hy-Vee would develop a
project that would tie in nicely with what is going to happen.
Chair Svendsen asked if Mr.Hoey had any comments about the future
expansion to the west.
Mr.Hoey could not answer cannot answer questions about the future expansion
to the west because he does not know.Mr.Hoey indicated he would like to have
the flexibility for the future.
Chair Svendsen indicated that the last question goes to the Commission
regarding the past commissions that worked on the vision ideas and all the time
and effort put into that project.
Commissioner Landy stated that the city had to switch its thinking to something
other than an Excelsior and Grand concept because that concept no longer
works.Commissioner Landy feels that Hy-Vee is probably the best concept for
the property.Hopefully the city can redevelop the other two parcels with
something similar to what commissioners previously wanted.Commissioner
Landy believes Hy-Vee will draw a lot of people.
Chair Svendsen asked if there was anybody else in the audience that would like
to come forward for the public hearing,he asked for a motion to close the public
hearing.
Chair Svendsen asked if there were any further discussion from the
Commission or other questions to staff.There was none.
Planning Commission Meeting 14 August b,2014
Motion Motion by Commissioner McKenzie,seconded by Commissioner Landy,to
close the public hearing.All voted in favor.Motion carried.8-0
Motion Motion by Commissioner Landy,seconded by Commissioner Brinkman to
Item 4.1 make approval of Planning Case 14-09,request preliminary and final plat,
rezoning of certain property from CC,City Center District to PUD and a site
plan review to allow construction of a retail grocery store,convenience store,
gas station,and future office/retail building known as Hy-Vee,Inc.,4300
Xylon Avenue North,is subject to everything that was put in our packet and
staffs additions.
Voting in favor. Brinkman, English,Gehring,Houle,Landy,McKenzie,
Schmidt,Svendsen
Voting against:None
Absent:Houle,Nirgud6
Motion approved.
Chair Svendsen stated this Planning Case would go forward to the City
Council on Monday,August 25,2014 at 7 p.m
Planning Case 14-07 Chair Svendsen introduced Item 42,Planning Case 14-07,Request for
Item 4.2 Preliminary and Final Plat,Conditional Use Permit for a Planned Unit
Development and Site Plan Review to allow the construction of a 4,600 square
foot multi-tenant retail building with drive-through and outdoor patio,known
as Winnetka Commons,3540 Winnetka Avenue North,Aric Lasky,petitioner.
Mr.Aaron Chirpich,community development specialist,stated that the
applicant is proposing to add a 4,656 sq.ft.multi-tenant retail building at the
existing Winnetka Commons shopping center.The applicant would subdivide
the current lot to create this new lot for the purposed development.The
requested PIanned Unit Development(PUD)would allow for flexibility and
shared parking,storm water,and access arrangements.The proposal includes
filling in an existing storm water retention pond to make room for this new
building.
The types of requests for this development include Preliminary and Final Plat,
Site Plan Review,and the Conditional Use Permit(CUP)for the PUD.
Mr.Chirpich explained that the applicant proposed to subdivide the existing
parcel to create two new lots.The new parcel would be located in the
northwest corner and cover approximately.83 acres.The new parcel will share
existing access and parking with the Winnetka Commons shopping center.
Mr.Chirpich stated the new parcel would require cross access and parking
easements,which would have to be recorded with the county.
Mr.Chirpich continued that by stating the proposed building would be
partially positioned over an existing drainage pond.This pond and
Planning Commission Meeting 15 August 6,2014
surrounding area is covered by a city owned easement.The easement would
have to be officially vacated through City Council action.
The pond would be replaced with an underground storm water storage
system to be located under the parking lot.This new system would be subject
to newly created cross easements and would require an approved facility
maintenance plan.
This project will increase the density of the site due to the lot subdivision and
would require a park dedication fee.The maximum fee for commercial
subdivisions is$2,500 per acre.The proposed development of.83 acres will yield
a fee of$2,075.
Mr.Chirpich indicated the proposed development will share existing access
points on 36th Avenue and Winnetka with the other parcels.Truck maneuvering
details for fire and delivery trucks have been provided by the applicant
illustrating acceptable site circulation for these larger vehicles.Mr.Chirpich
stated that the drive-through service lane is an administrative use in the CB
district.Its design is subject to the review and approval of the city engineer.
The city's Design Guidelines direct that primary building entrances be linked to
public walkways.The site indicates one direct sidewalk connection to Winnetka
Avenue.The sidewalk connection presents the following concerns for staff.
1. The sidewalk is shown at 3 feet wide and code requires a minimum of 5
feet.
2. The sidewalk crosses the drive-through lane just after the service
window.Staff was concerned pedestrians would not be seen for the
folks that are exiting that drive-through service lane.
The site limits the available locations for pedestrian access.To reduce safety
concerns the following options may be considered:
1. Provide a wider sidewalk(5 foot minimum).
2. Redesign the landscape plan to open sight lines where the sidewalk
enters the drive-through lane crosswalk.
3. Add signage for the crosswalk.
4. Elevate the pavement within the crosswalk to act as a speed bump.
Mr.Chirpich informed the planning commission that in considering this
pedestrian access it must determine if the recommended improvements are
sufficient.If not,the city may forego this sidewalk connection to Winnetka
Avenue.Staff feels it is an important part of the way the site functions in total.
Mr.Chirpich added that the site design does not provide a sidewalk connection
to the front of the building from 36th Avenue.
Mr.Chirpich reported that the property is zoned CB,which is the underlying
district used when assessing property.The overlay of the PUD would provide
some flexibility.
Planning Commission Meeting 16 August 6,2014
Mr.Chirpich expressed the following concerns from staff.
1. Setbacks in the CB district are intended to promote store fronts that are
closer to and facing the street.Staff feels that the southerly shift away
from 36th Avenue is sufficient.This orientation is a different set of
circumstances than just looking at the base setbacks for a CB district.
2. The setbacks in the CB district are intended to push the fronts of
buildings towards the sidewalks to create the front loading of
storefronts and pedestrian interchange.This layout has the back of
building with the addition of a drive-through service lane pushed up to
this intersection so it is not meeting the intent of these reduced setbacks
within the district.This is why staff has some concerns related to the
setbacks even though the applicant is technically meeting the CB district
requirements.
3. At the Design and Review Committee staff did discuss this with the
applicant and they did make some changes.The applicant shifted the
building from 361h Avenue in a southerly direction and staff feels that
shift was adequate.
4. Although the proposed building layout meets the setback requirement
of the CB district,staff would still like to see the building pushed farther
to the east.
5. Staff felt the service lane would create an issue for snow storage and
removal by blowing snow from the drive-through service lane onto the
sidewalk on both streets.For this reason staff would not deliver on the
intent of that setback.
As far as parking,Mr.Chirpich indicated that the requirements call for one off
street parking stall for each 200 sq.ft.of adjusted building space.Parking is
calculated for this project by looking at the total site.Using the appropriate
calculations the applicant is required to provide 212 parking spaces.The site
design currently provides a total of 241,exceeding the standard by 30.
Bicycle parking is required for all commercial land uses within the CB district.
Code requires a minimum.of 4 bicycle spaces plus one additional space per 30
automobile parking stalls.There are currently no bicycle parking spaces in the
shopping center.The applicant is proposing 12 new bicyde parking spaces to be
disbursed through the entire site.
Concerning landscaping,Mr.Chirpich reported that seven mature trees that line
Winnetka and 36th Avenues will be removed.The applicant has proposed the
planting of seven new deciduous trees on the site.The landscape plan also calls
for the planting of several deciduous shrubs along the north and west property
lines hugging the drive through lane,which would provide screening of the
building,parking,and drive-through lane making that comer more attractive.
Various other shrubs,grasses,and perennials would be planted throughout the
site to compliment the larger elements.Staff feels the overall landscape plan
meets the city's intent.
Mr.Chirpich,in discussing the fencing and screening,stated that elevation
Planning Commission Meeting 17 August 6,2014
details show adequate screening of the proposed trash enclosure.Materials used
on the enclosure match those of the primary building,however,the setback
indicated on the site plan for the enclosure does not meet code and will have to
be moved 2 feet further from Winnetka Avenue.Roof top equipment will be
screened by building parapets.The outdoor dining patio will be screened with
fencing.The proposed fencing and screening meets the requirements of the city.
Mr.Chirpich reported that the photometric plan submitted by the applicant
shows a compliant lighting layout as it relates to light levels.The applicant will
have to produce cut sheets that detail the exact fixtures once selected to ensure
full compliance.
As far as the signage is concerned,Mr.Chirpich indicated that The applicant
intends to re-locate the existing monument sign serving the shopping center to
the north end of property.The three individual retail spaces would have wall
mounted signs on both the front and back of the building.There would also be a
wall mounted sign on the northwest comer of the building. The signs on the
back of the building would help promote a faux store front effect along with
some other elements incorporated to the building design to dress up the both
36th and Winnetka Avenues.
Mr.Chirpich informed the commissioners of the storm water and drainage
system.The applicant proposed to remove the existing surface level storm water
detention pond and replace it with an underground corrugated metal pipe
(CMI')detention system.The storm water and grading plan must be approved
by the city engineer and meet watershed district requirements.Access
easements would have to be created for the new system,and a maintenance
plan detailing the operations of the system would have to be approved by the
city.
Mr.Chirpich explained the design guideline compliance.The applicant has
created visual differences on the building by using a combination of EIFS,glass,
metal,and concrete masonry units.These materials are acceptable for use,but
the applicant would have to indicate on the plan the percentage breakdown of
each material on each elevation to ensure full compliance.The color scheme
proposed will blend in with the existing shopping center with the use of similar
colors.
The accessory outdoor dining area is an administrative use in the CB district.
Mr.Chirpich noted the proposed dining area includes three tables and a
screening fence.The design generally meets requirements,but to receive a
permit the applicant would have to provide additional details regarding the
storage of any removable outdoor furniture and provide refuse containers if the
patio is self-service.
For snow storage,Mr.Chirpich explained that the applicant proposed to
designate ten percent of their parking lot for snow storage.The additional
parking provided in the design will help provide more snow storage.If there is
Planning Commission Meeting 18 August 6,2014
demand for additional parking during the winter snow will be hauled off-site or
melted with commercial equipment. The snow melting option would be
reviewed against the design of the underground retention system.The applicant
would be required to provide a narrative that describes events or benchmarks
that would trigger melting or hauling.
Mr.Chirpich recommends that the proposed building and site design generally
meet the objectives of the Comprehensive Plan,city code,and design guidelines.
However,during staff review for a CUP for PUD,a recommendation was made
that the building be relocated to increase the setback from Winnetka Avenue.
The applicant feels strongly that this adjustment is not warranted.Because of
this disagreement,staff does not recommend approval of the proposal.
Staff offered the following options for the Planning Commission to pursue:
1. Table the application pending submission of a revised site plan to
include the setback adjustment.
2. Recommend denial of the application.
3. Recommend approval with the following conditions:
a. The applicant shall pay park dedication in the amount of
$2,075.00 prior to recording the final plat.
b. The plat and title is subject to the review and approval of the
City attorney and Hennepin County.
c. The existing drainage easement for the storm water pond being
filled in would be officially vacated and recorded with the
county.
d. The city engineer and public works director will review and
approve the location and widths of the proposed drainage and
utility easements.
e. The grading,drainage,and storm water treatment plans shall
be subject to the review and approval of the City Engineer and
Bassett Creek Watershed District.
f. A cross easement for drainage must be created and recorded
against the properties for the underground storm water storage
system.
g. The applicant must submit for review and approval by the City,
an underground storm water facility maintenance and upkeep
plan that outlines the terms for maintenance,repair,and
cleaning of the facility,as well as the distribution of costs
between the two lots.This agreement will be recorded against
the properties.
h. The City Fire Inspector and City Engineer shall review and
approve the utility plans,hydrant locations,and fire connection
location.
i. The applicant shall provide lighting cut sheets illustrating the
light fixtures,and pole heights of all exterior light fixtures.
j. The applicant shall enter into a development agreement
prepared by the City Attorney that outlines all conditions of
approval and secures all site improvements.
Planning Commission Meeting 19 August 6,2014
k. The applicant must obtain all required permits and inspections
prior to opening.
1. Shared access and parking easements will need to be provided
over applicable areas on both lots and such documents shall be
approved by the City attorney and recorded against the
properties.
m. A maintenance agreement outlining the terms for sweeping,
snow removal,parking lot maintenance,and repair must be
submitted for city review and approval by the City Attorney
and recorded against the properties.
n. The applicant must provide detail on the selected bike racks.
o. The applicant must provide a revised site plan addressing the
pedestrian access recommendations.
p. Building materials must comply with the standards of the New
Hope Design Guidelines.
q. The trash enclosure must be setback a minimum of 20 feet from
the west lot line.
Chair Svendsen asked if the Commission had any questions for staff.
Commissioner Brinkman was concerned that staff didn't recommend approval
of the application.
Mr.Chirpich indicated that at this time staff had not reached an agreement on
the setback question.Staff chose to leave the space open for the Commission to
weigh in on the setback issue.
Mr.Brixius commented that for this specific recommendation staff and Public
Works personnel looked at the site from a development preview aspect. Staff
looked at a 10-foot setback between the drive aisle,the service aisle,and the
edge of right-of-way for Winnetka Avenue.He pointed out that concerns were
raised over the width of Winnetka,snowplowing and cleaning out of the
sidewalk as to whether Public Works would have sufficient area to store snow
in that location.Presently,the city uses a large easement to store snow this
area.Mr.Chirpich added that staff is concerned that pushing snow or blowing
of the sidewalk,crews would be blowing the snow into the applicant's service
lane and the applicant would reciprocate by cleaning their service lane out in
the other direction.
The recommendation that was made by staff to the Design and Review
Committee was to shift the building east 10-15 feet.Presently,there are six
parking stalls on the east side of the building and the loss of those six stalls
would not result in the city becoming deficient in parking by code standards.
Additionally,staff felt that with the elimination of those stalls the applicant
could install a sidewalk off of Winnetka Avenue.Staff believes these changes
would satisfy all the conditions that are necessary.The applicant does not
agree with those recommendations.
Planning Commission Meeting 20 August 6,2014
Chair Svendsen asked if there were any other questions of staff.
Commissioner Schmidt asked if the city or the county plowed Winnetka
Avenue;does the county have any say in the snow storage/removal along
Winnetka and has the county seen the plat for this project.
Mr.Brixius believes the county plows the roads. The county would review the
plat because it is adjacent to a county road but Mr.Brbdus was unsure if the
county had reviewed the plat.
Mr.Chirpich remarked that the issue is not who plows Winnetka Avenue but
more so the width of Winnetka Avenue and clearing of the city sidewalks.
Chair Svendsen mentioned that the applicant is a new ownership group to this
shopping center and past practices are no longer in place.
There being no further questions of the Planning Commission, Chair Svendsen
asked the applicant to come forward.
Kendra Lindahl with Landform,105 S Fifth Avenue,Minneapolis,Minnesota.
Ms.Lindahl indicated she had members of the architecture and engineering
team with her.Ms.Lindahl expressed that her team was extremely
disappointed that staffs recommendation went from giving the Commission
options,to giving a recommendation for denial.
She stated that Landform has worked hard to balance the private property
rights with the public's needs.She continued by stating that part of the
challenge the applicant may be facing is a misunderstanding of what a
drainage and utility easement is used for.Ms.Lindahl noted that a drainage
and utility easement in favor of the city is to allow the city to come in and
maintain the pond should it fail.But that existing,pond is sized for the
development not for public street snow storage.
Ms.Lindahl stated that the applicant certainly wants to work with the city and
they do have a snow removal plan that maintains the snow on their property.
The applicant believes the sidewalk snow removal and the removal of snow in
the drive lane can be accommodated.She added that the applicant has
complied with or exceeded all ordinance requirements.
Ms.Lindahl explained that this is a really nice looking building,and it is going
to help drive redevelopment in this corridor.She added that the baseline from
the applicant's perspective is that this project exceeds all requirements.
The applicant submitted a letter stating it cannot accommodate the city's snow
storage on this pond;it is not designed for it.Ms.Lindahl continued by
explaining that the applicant certainly would work with the city to make sure
normal maintenance can occur but she want to be clear that this is not a
storage area;the pond is for the applicant's site.She stated that they increased
Planning Commission Meeting 21 August 6,2014
the setback four to six times what is required under the ordinance to address
the snow removal.
Ms.Lindahl advised that the applicant would widen the sidewalk to five feet.
Ms.Lindahl reported that the applicant is a little limited on space at the corner
of Winnetka and 36tb Avenues due to several utility boxes.However,she
stated the applicant could make a sidewalk fit.
Ms.Lindahl asked the Planning Commission to recommend approval of the
project based on the finding that the applicant meets or exceeds all ordinance
requirements.
Chair Svendsen questioned the pedestrian access from 361h Avenue,noting
that neighboring residents often access the properties in wheelchairs.
Ms.Lindahl responded that the applicant certainly agreed with Chair
Svendsen but when the building was shifted east to accommodate the green
space,the applicant lost the ability to install access from 36th Avenue.
Commissioner Schmidt inquired as to how many spaces would be lost.
Ms.Lindahl replied that under what staff was recommending the applicant
would lose six parking spaces.
Commissioner Schmidt did not think that six was a large number.
Ms.Lindahl replied that the number is not large yet the proximity of those
spaces is really important for the business to succeed.
Commissioner Schmidt replied that a customer using those six parking spaces
would still need to walk across the drive lane to get to the three new
businesses.
Chair Svendsen asked Ms.Lindahl to explain the grade issues to the north.He
feels the grade issues would be on the Winnetka Avenue side of the property.
Mr.Brixius commented that staff did recognize the adjustments offered by the
applicant and there is a correction to be made.The adjustment of 17 feet is off
of 36th Avenue.The adjustment of off of Winnetka Avenue is 3 feet so the city
only has 13 feet off of the Winnetka Avenue sidewalk.
Mr.Brixius stated that a sidewalk connection could be brought to the front of
the building.The six parking spaces are not going to be well viewed from
eastbound traffic on 36th Avenue that is entering the site at that location.
Backing out into that major traffic drive aisle is a concern.
Mr.Brixius stated that the subdivision cannot occur without the PUD
approval or the vacation of easement.The applicant is asking the city for a
Planning Commission Meeting 22 August 6,2014
considerable consideration in allowing this development.
Mike Bowman,Landform Engineer stated the location of the sidewalk chose
worked best for the grades of the site.He stated that the area to the northeast
was relatively flat.Based on Landform's survey the connection in the
northeast corner is actually three feet lower than the building and cannot be
made ADA compliant.The applicant feels the location shown is very close to
the existing crosswalks on Winnetka and 36th Avenues.There are no
crosswalks on the northeast side of 36th Avenue.
Commissioner Schmidt replied that there should be sidewalks on both sides of
the drive lane to the shopping center.
Mr.Bowman stated that in this case,the grades would not allow an Americans
with Disabilities(ADA)compliant sidewalk in the area;the sidewalk would be
above the 5%threshold required by the ADA.
Ms.Lindahl responded that applicant could look at the sidewalk again with
the understanding that the sidewalk on the east side could not be ADA
compliant.The applicant could put a crosswalk at the drive-through entrance.
Ms.Lindahl indicated that the applicant's bigger concern is what feels like a
taking of the property without compensation.She commented that the
applicant would not have a snow storage problem.She thinks the 13 feet and
17 feet of green space between the drive aisle and the property line are more
than adequate for the applicant's snow storage.Mr.Lindahl commented that
the PUD allows sharing of parking in this center, to allow redevelopment and
expansion of business in the community.She added that the applicant does
not feel it can shift the building anymore and have a viable project.
Chair Svendsen asked Ms. Lindahl to explain why she feels the city is taking
part of the applicant's property for the city's snow storage.
Ms.Lindahl indicated that the applicant has the green space on their site and
they exceed all ordinance requirements so it is unclear why the city would not
stay with its setback requirements but is asking the applicant to push the
building further back from the street.
Mr.Brixius spoke of some issues.He stated that the applicant needs a PUD to
make the property subdividible.The property without PUD approval would
not meet the city's requirements because it does not have direct access.He also
mentioned that the need for the increased setbacks would aid in snow removal
from the sidewalks along Winnetka Avenue.
Mr.Brixius also commented that the removal of the six parking stalls would
be beneficial as vehicles would not have to back into a major drive aisle.Until
staff is satisfied that the site functions for both the city and the applicant Mr.
Brixius does not believe staff is ready to make a recommendation of approval.
Planning Commission Meeting 23 August 6,2014
Chair Svendsen asked if the Commission had any other comments for the
applicant.
Commissioner McKenzie asked if the applicant has been on-site on a Saturday
morning in the spring when the parking lot is full.
Ms.Lindahl mentioned that the project team has had folks there in the spring.
Mr.Bowman commented that the parking lot does get quite full,that is why
the applicant is trying to maximize the parking.
Chair Svendsen opened up the public hearing to anyone in the audience_
• Mark Jennings,6020 Virginia Ave N;
• Rick Riley,800137th Ave N.
Concerns included the following:
1. Is the drainage system designed to withstand a 100-year flood event?
2. Proposal for the maintenance of the new landscaping.
3. Trash containers for the rest of the shopping center because there are
some deficiencies.
4. Notification of the renters within 350 feet
5. Parking,especially on weekends when it blocks the alley behind the
center.
6. Where do the park dedications funds go to.
7. Got rid of a natural area and added a parking lot.
8. Why a park dedication fee for this application but not for Hy-Vee?
9. Loss of wildlife area?
Chair Svendsen asked Mr.Bowman if he had adequately research the 100-year
flood events.
Mr.Bowman informed that the applicant would be actually storing more
water with the underground system than the pond did.The applicant would
not be discharging any higher rates,it would be lower.
Chair Svendsen asked if Mr.Bowman could answer questions about the
maintenance of landscape and how that would be accomplished.
Ms.Lindahl mentioned that the owner would have a maintenance agreement
between the two properties for both the parking and landscaping.The
applicant would have one company maintaining the landscaping for the entire
center.The applicant would have private agreements for the maintenance that
would be submitted to the city for review.
Chair Svendsen asked if Mr.Lindahl had a comment on the trash enclosures
on the new project.
Ms.Lindahl understands there are some challenges with the existing center
24 August 6
Planning Commission Meeting ,2014
and she has talked with the new land owners and this is something they are
willing to work on.
Commissioner Schmidt asked if there was a plan in place to remodel the
existing center to match the new building.
Ms.Lindahl was not aware of a plan at this point.
Chair Svendsen stated that the parking lot fills up quickly especially in the
spring.
Director Sargent responded to this comment.The applicant meets all the city's
minimum requirements and has an excessive amount of parking of 30 stalls
even with the proposed development.The number of parking stalls on-site
should not be a determining factor when making a recommendation.
Chair Svendsen asked Director Sargent to speak to the notification
requirements.
Director Sargent explained that.the city's legal requirement is to notify all
property owners within 350 feet of the subject property.A notification was
given only to property owners not individual renters of property.
Director Sargent answered Mr.Jennings about legal notification.The city's
requirements are to post notification in the city's legal newspaper,which is the
Sun Post.Mr.Jennings could call the Sun Post and ask why he is not getting it
delivered.He added that the city does have extra copies at city hall.
Director Sargent responded to the question regarding park dedication fees.
The ordinance is to accommodate new users of a property.In this case,the
developer cannot set aside land and there is a cash option which is more
typical because land is scarce in a first ring suburb.Those calculations are per
the ordinance,and in this case it is$2500.00 per acre for commercial.
Director Sargent stated that the reason why this property requires a park
dedication fee is because a new parcel is being created.Director Sargant
indicated that to use the money from park dedication There are specific
requirements that must be met when using the park dedication money.It can
be used for new park land,maintenance and upkeep of parks,but it cannot be
used to buy new structures.The money is put in a general fund for park use
and then distributed,as need,to where it can be used per city ordinance.
Staff was concerned that this area could possibly be a wetland.The applicant
obtained a wetland delineation for this area and it was determined that it was
not a wetland but was a man-made structure;for that reason the pond could
be removed with no mitigation of the pond.
Chair Svendsen replied to Mr. Riley's question concerning the pond. The
Planning Commission Meeting 25 August 6,2014
seven trees removed around the pond would be a one for one replacement.
Chair Svendsen responded that as far as the empty space in this shopping
center,he is sure the applicant has a plan of what they are going to do and that
does not concern this Commission at this time.
Mark Jennings pointed out that his question concerning customers parking in
the back of the center where you cannot get through on weekends was not
addressed.
Chair Svendsen stated that the parking issues in the back of the center is
something the applicant needs to talk with the lease holders about and that is
not part of the application.
Motion Motion by Commissioner McKenzie,seconded by Commissioner Landy,to
close the public hearing.All voted in favor.Motion carried.
Chair Svendsen asked if there was any additional discussion at the Committee
level.
Commissioner McKenzie had a question for the city engineer.
Chris Long,city engineer.
Commissioner McKenzie stated that his questions were based on a memo
dated July 31,number 5 underneath the utilities portion that seem to conflict
with what was said of the applicant's engineer.He quickly summarized as
follows:
In summary,part A,the 72 diameter CMF storage detention system does not
match the supporting HydroCAD analysis and should be updated.The details
of the underground system need to be provided.The proposed plans do not
show pre-treatment of the parking structure.
Mr.Long believes the applicant does a HydroCAD analysis that provides
documentation about how the storm water goes in and flows out and there
were some numbers that were conflicting on that.The storm water team is
generally in support.of the system.
Commissioner McKenzie asked what storm sewer design this system was for.
Mr.Long replied that he does not know but he believes it is for 100-year
overflow,he is not sure what level,perhaps a 10-year and a 100-year event or
maybe a 5-year event,but it would be overflowing to 36th Avenue.
Commissioner McKenzie asked Mr.Long to give his opinion if this size
adequately.
Planning Commission Meeting 26 August 6,2014
Mr.Long responded that it appears to be sized adequately according to his
storm water team.
Commissioner Landy understands why staff brought this to the Planning
Commission.He respects the system that is in place.Commissioner Landy
does support the staff in what they do,so he was not supportive in approving
the project.
Mr.Brixius commented that when staff looked at this,they thought it was an
opportunity to put:some additional economic development.The issue remains
the setback off the street.If the Planning Commission agrees with staff
recommendation on shifting the building,Mr.Brixius strongly recommends
either it is approved with the condition that staff gets a 7 foot shift to the east
with the provision of a sidewalk on the east side of the building,or to table the
proposal so the applicant can submit a revised plan that follows the
conditions.
Chair Svendsen explained to the Commission that there are three ways to
progress.
Commissioner Schmidt would like to know what the applicant would like the
Planning Commission to do.
Ms.Lindahl stated that she does not want the Commission to deny the project.
Since the applicant exceeded all the ordinance requirements she would like
approval with the conditions in the staff report.Ms.Lindahl does not believe
there is room for compromise with staff so she does not think tabling the
application is helpful.
Ms.Lindahl would ask that the Planning Commission would either approve
the project as recommended or recommend approval with the condition that
the building be shifted an additional 7 feet to the east.Ms.Lindahl's team
would look it and probably make the same argument to the Council.
Motion Motion by Commissioner Schmidt,seconded by Commissioner McKenzie to
Item 4.2 approve Planning Case 14-07 with the seven conditions as stated in the
proposal with the W condition of shifting the building 7 feet to the east and
the 9f condition of the sidewalk access from 36th Avenue to meet ADA.
Voting in favor. Brinkman,English,Gehring,Houle,Landy,McKenzie,
Schmidt,Svendsen
Voting against:None
Absent:Houle,Nirgude
Motion approved.
Chair Svendsen stated this Planning Case would go forward with the nine
conditions added to the City Council on Monday,August 25,2014 at 7 p.m.
Planning Commission Meeting 27 August 6,2014
Mr.Brixius mentioned that there needs to be a motion for approval of the
preliminary and final plat subject to the conditions outlined in the staff report
and approval of the PUD.
Motion by Commissioner Landy,seconded by Commissioner McKenzie to
approve the preliminary and final plat subject to the conditions outlined in
the staff report and approval of the PUD.
Voting in favor. Brinkman,English,Gehring,Houle,Landy,McKenzie,
Schmidt,Svendsen
Voting against:None
Absent:Houle,Nirgude
Motion approved.
COMMITTEE REPORTS Director Sargent responded there would be nothing for the September 18
Design�and Review Design and Review meeting.Centra Homes ran into some storm water issues
Item 5.1 in designing the pond.Staff does not know if they will be coming back to the
Commission in September or when they will be ready.
Codes and Standards Nothing to report.
Item 5.2
NEW BUSINESS Director Sargent mentioned that the City Council would like to have some
dialogue with the Planning Commission. The next available time would be at
the September 15 work session meeting. Chair Svendsen and Commissioners
Landy and Brinkman volunteered.
OLD BUSINESS
Approval of Minutes Motion by Commissioner Landy,seconded by Commissioner Schmidt,to
Item 7.1 approve the April 10,2014 and June 3,2014 Planning Commission minutes.
All voted in favor.
Motion approved.
Director Sargent explained that the City Council approved an ordinance that
would allow the number of Planning Commission members to go down to ten.
If the number ever went below ten,staff would go through a process of getting a
tenth person back on the Commission.
Director Sargent announced that Commissioner Dumonceaux resigned today as
he would be moving out of New Hope.
Chair Svendsen questioned the status of Scout and their CUP for outdoor
storage.Director Sargent stated he would check on that application.
ANNOUNCEMENTS No announcements.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 10:15 p.m.
Planning Commission Meeting 28 August 6,2014
Respectfully submitted,
Deb Somers
Recording Secretary
Planning Commission Meeting 29
August 6,2014
t
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE,MINNESOTA 55428
PLANNING COMMISSION MINUTES
September 2,2014
City Hall,7:110 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, Wade English, Greg Gehring, Jeff Houle, Roger
Landy,Christopher McKenzie,Torn Schmidt,Steve Svendsen
Absent: None
Also Present: Jeff Sargent, director of community development; Stacy Woods,
assistant city attorney;Debra Somers,recording secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING Chair Svendsen introduced Item 3.1,Planning Case PC 14-10,review of City
Planning Case 14-10 Center Tax Increment Financing District Plan,4300 Xylon Avenue North,City
Item 3.1 of New Hope,petitioner
Director Sargent stated that in order to establish a tax increment financing
(TIF)plan and district,the Planning Commission must establish that the TIF
plan meets the intent of the Comprehensive Plan. This redevelopment
includes not only the future Hy-Vee development site,but also the Winnetka
Mail site,located to the east of the Hy-Vee site,and incorporates the Unique
Thrift Store component.
The TIF plan includes a Resolution for the Planning Commission to pass and
forward to the City Council.The TIF plan will be discussed in full at the City
Council meeting on September 8.Technical questions or comments may be
presented,in writing,to the City Council.
A public hearing notice was published in the SunPost newspaper.
Commissioner Brinkman questioned what the Commission did when it
approved the TIF for the Winnetka Green project and at what point the city
began to capture TIF funds.Director Sargent explained that the Planning
Commission would have looked at the plan to make sure it met the intent of
the Comprehensive Plan prior to the district being established.The outcome of
the Wiftnetka Green TIF District was favorable and the plan is in place today.
He further explained to the Planning Commission that the TIF district starts to
capture money after the redevelopment project is completed and begins
generating the excess TIF that normally would not have been generated.
Commissioner Houle asked Director Sargent to review the basics of a TIF plan.
Director Sargent explained the basics of TIF financing and that excess taxes are
captured to help pay for eligible costs.
Commissioner Schmidt inquired as to why 4200&4300 Xylon Avenue were
the only properties included in the in the TIF plan.Director Sargent informed
the Commission of the rules used to determine key TIF decisions
Commissioner Houle questioned whether the current developer expressed
interest in the housing component,or would that be in the future.Director
Sargent reported that it would be considered during future redevelopment
needs.
Commissioner Brinkman asked which properties were currently owned by the
city.Director Sargent stated that the Economic Development Authority(EDA)
owns the 4200 and 4300 Xylon Avenue,which were the former Kmart and
Wells Fargo shopping center area,and the third outlot parcel that was
established for overflow parking for Applebees.
Motion Motion by Commissioner Landy,seconded by Commissioner Schmidt,to
Item 3.1 approve Planning Case 1410,City Center Tax Increment Financing District
Plan,4300 Xylon Avenue North.
Voting in favor. Brinkman,English,Gehring,Landy,McKenzie,Schmidt,
Svendsen
Voting against;Houle
Absent:None
Motion approved.
Director Sargent asked the dissenting vote to give a reason for the dissent so
staff had clear minutes to forward to the City Council.
Commissioner Houle stated there are no concrete plans for a retail,office or
housing in the TIF plan,therefore,the proposal does not meet the proof of a
mixed use property.
COMMITTEE REPORTS There were no Committee Reports on the agenda.
NEW BUSINESS There was no New Business on the agenda.
OLD BUSINESS There was no Old Business on the agenda.
e with the
ty Council at the
ANNOUNCEMENTS The Planningember commission5 at 6:30 pm.in the Parku& Recreation'conference
Hall on Sep ce room C
Director Sargent updated the Planning Commission regarding recent actions of
the City Council:
Planning Commission Meeting
2 September 2,2014
I. The City Council looked favorably on the Hy-Vee development.
Approval was recommended.It will be necessary to rezone the
properly from City Center to Planning Unit Development.
There was some question regarding the ability for PUD flexibility on the
Comprehensive Sign Plan for the development After review by the City
Attorney it was determined there is flexibility of the sign code through
the PUD.This will be incorporated with the ordinance and presented to
the City Council on September 8.
2. Director Sargent gave a brief update on the Winnetka Commons project.
Through dialogue with the City Council,the representative for the
applicant explained that the applicant would take care of all the snow
removal requirements without shifting the building seven feet Staff has
been working with the applicant to create an agreement for snow
removal.That will be presented to the City Council on September 8.
3. Centra Homes made a determination that there are poor soils on the
property and it will be necessary to revise their site layout.
4. The PIanning Commission is down to eight members and the city
ordinance requires nine members.Staff is in the process of filling the
vacancy.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7;23 p.m.
Respectfully submitted,
Deb Somers
Recording Secretary
PIanning Commission Meeting 3 September 2,2014