120401 Planning AGENDA
PLANNING COMMISSION MEETING OF DECEMBER 4, 2001
CITY OF NEW HOPE, MINNESOTA
7:00 p.m.
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CALL TO ORDER
ROLL CALL
CONSENT BUSINESS
PUBLIC HEARING
Case 01-22
Case 01-19
Consideration of a Text Amendment to Section 4.205 Conditional Uses in the
Industrial Zoning District Dealing with Mini-Storage Facilities Within an Existing
Warehouse Building in an I District and a Conditional Use Permit to Allow a
Mini-Storage Facility in an I District, 4401 Quebec Avenue North, Hudson
Properties, Inc., Petitioner
Request for Ordinance No 01-14, An Ordinance Amending New Hope Code
§4.204(3) by Permitting by Administrative Permit the Retail Sale of Bulk
Product in the Industrial Zoning District Delivered or Repackaged for Resale at
Principal Building, City of New Hope, Petitioner
COMMITTEE REPORTS
Report of Design & Review Committee - Meeting December 13, 8 a.m. (if needed)
Report of Codes & Standards Committee
OLD BUSINESS
Miscellaneous Issues
Council Action on November Planning Cases
· Ord. 01-08, Administrative Permit Fees, Adopted
· Ord. 01-09, Voting Requirements for Zoning Code Text or District Changes, Adopted
· Ord. 01-10, Amending Sign Code, Adopted
· Ord. 01-11, Personal Wireless Service Antennas and Towers, Adopted
Livable Communities Grant Update
NEW BUSINESS
Review/Approval of Planning Commission Minutes of November 6, 2001
Review of City Council Minutes of November 13, 2001
ANNOUNCEMENTS
ADJOURNMENT
· Petitioners are required to be in attendance
Planning Commission Guidelines for Public Input
The Planning Commission is an advisory body, created to advise the City Council on land use. Th~.
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 staffs recommendations and answer any questions from the
Planning Commission.
3. The petitioner is in, vited 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.
Al If the Planning'Commission recommends that the City Council approve or deny a request, the
planning case will be placed on the City Council agenda for the next regular meeting. Usually this
meeting is within one to two weeks of the Planning Commission meeting.
B. If the Planning Commission tables the request, the petitioner will be asked to return for the next
Commission meeting.
Planning Case:
Petitioner:
Address:
Request:
PLANNING CASE REPORT
City of New Hope
Meeting Date~: -' December 4, 2001
Report Date: November 30, 2001
01-22
Hudson Properties, Inc.
4401 Quebec Avenue North
Consideration of an Ordinance Amending the New Hope Zoning Code by Amending
Section 4.205(7) Regulating Self Storage Facilities and Adding Section 4.205(15)
Permitting by Conditional Use a Warehouse Conversion to a Self Storage Facility and
a Conditional Use Permit to Allow Mini-Storage in an I District
Request
The petitioner is requesting consideration of a Zoning Text Amendment by modifying Section 4.205(7)
regulating self storage facility and creating a new Section 4.205(15) for a conditional use permit for a
"warehouse conversion to a mini-storage" facility and approval of this new conditional use permit to
convert a warehouse to mini-storage in the I District.
II. Zoning Code References
III.
Section 4.20
Section 4.205
Section 4.205(7)
Section 4.32
Section 4.33
Property Specifications
Zoning:
Location:
Adjacent Land Uses:
Site Area:
Building Area:
Lot Area Ratios:
Planning District:
Specific Information:
Industrial District
Conditional Uses, I
"Self Storage (mini warehouse) Facilities"
Text Amendments
Conditional Use Permits
I, Industrial District
On the west side of Quebec Avenue, 900 feet north of 42nd Avenue.
R-4 high-density apartments to the west and northwest of the site, Sunnyside
Park to the northeast, industrial uses to the east and south.
433'x 279' = 121,006 square feet (2.78 acres)
294' x 180' +/- = 48,000 square feet
Building 38%
Green 35%
Paved 27%
No. 9; The Comprehensive Plan indicates the City will continue to promote
industrial business retention and in-place expansion within this District.
The property is generally flat, except for the northwest corner, which rises
about six feet to the residential street, Rhode Island Avenue, providing no
access to this lot. No storm sewer or ponding was provided on site, per the
Planning Case Report 01-22 Page 1 11/30/01
standard practice of the time. The parking lot to the south has been pav~-'~
onto the adjacent warehouse lot over the years, in violation of a minimb...
setback requirement. Since the north and west walls are blank without major
openings or access to the adjacent residential area, land use conflict has
been avoided. A recorded 15-foot wide utility easement parallels the north lot
line for underground utilities and no easement exists for the power lines that
parallel the west lot line.
IV, Background
The applicant, Hudson Properties, Inc., is requesting a conditional use permit to allow the
redevelopment of an existing office/warehouse building into a self-storage facility with 176 units. The
self-storage facility will occupy only the warehouse portion of the building while the office section will
remain open for an additional tenant. The subject property is located at 4401 Quebec Avenue North and
is zoned Industrial.
The original single-tenant office/warehouse was built in 1968 and an addition was erected on the north
end in 1974. The building had been occupied by Displaymasters for the entire time, until this spring.
The owners/applicants have been good stewards of the property for many years.
Self-storage facilities are allowed in the Industrial District through a conditional use permit. However,
staff was concerned with certain aspects of this proposal, which were not addressed in the existing
language. Therefore, the applicant is requesting an amendment to the City Code to specifically permit
the conversion of a warehouse building into a self-storage facility. Staff developed the ordinance
amendment and it was reviewed by the Codes & Standards Committee on November 27. This
Committee approved the proposed amendment with minor revisions.
V. Petitioner's Comments
The petitioner states in correspondence that "The request of Hudson Properties, Inc. for a conditional
use permit should be granted for the following reasons:
1. Hudson Properties is owned by Steven Gregerson and David Gregerson, former owners of
Displaymasters, which maintained business operations at 4401 Quebec Avenue for approximately
32 years. Hudson Properties is a known, proven corporate citizen of New Hope and will operate a
successful operation in a clean and pleasing environment.
2. The premises at 4401 Quebec have been vacated by the current owners of Displaymasters/Giltspur
Exhibitgroup. Despite a commercial sale/lease listing of two years, the facilities remain empty with
no purchase or lease candidates known to the property owners or their agents, CB Ellis. The loss of
all rental revenue from a leasehold tenant creates a significant hardship upon the present property
owners and the city's tax base.
3. The mini-storage facility will be a climate-controlled facility fully enclosed within the existing building
parameters. The storage facility will provide local, climate controlled storage access to New Hope
residents in an area densely populated by rental property. An on-site manager will supervise all
facility daily usage.
4. The new mini-storage usage will constitute a safer, cleaner, and quieter use than its previous
manufacturing and sales usage. Instead of traffic precipitated by approximately 100 employees,
semi-trailer access, and customer influx, as well as the presence of industrial manufacturing
equipment, saws, flammables, forklifts, and chemicals, the storage facility may employ one or two
emPloyees who will provide supervised access to inside storage facilities.
Specific zoning code considerations may be addressed as follows:
· Green Space. Zoning code provision 4.205(7)(a) requires 35% green space on the site. The existing
facility configuration has approximately 32.5% green space. Projected plans add green space
Planning Case Report 01-22 Page 2 11/30/01
sodding at the southern border of the property, replacing a portion of existing parking lot to meet or
exceed green space requirements. Further, additional plants will occur at the south and southeast
perimeter points as indicated upon submitted drawings.
· Buildinq Location. The facility is an existing building and abuts no other building within 35 feet to
impede parking, loading, driveway or fire lanes.
· Buildinq Length. The facility exceeds 150 feet in length but is a currently existing building, which has
been used for manufacturing, storage, and sales for approximately 32 years.
· Snow Storage. Adequate space exists on the parking lot for snow storage at the southwest,
southeast, and northeast locations. (The storage operation will employ only one or two people on
site, whereas previous staffing of manufacturing operations required parking for approximately 60
employees.)
· Sprinkler System. The present facility is equipped with fully automated overhead sprinkling
throughout. Additionally, the owner will have the sprinkler system evaluated by a licensed sprinkler
systems company and updated as necessary and verified to the City as reviewed, evaluated, and
updated.
· Fire Alarm System. The facility maintains a Honeywell full security and ADT fire alarm system.
· Driveways and Parkinq Area. The parking area and driveway (blacktop) was resurfaced and re-
striped in 2001. The parking lot, as modified, may accommodate approximately 40 automobiles. The
parallel parking previously provided on the east side of the building will be removed to allow for
adequate fire lane dimensions. The parking lot will be curbed at the south perimeter along newly
added green space at the southern border of the property.
· Site Management. The site shall be subject to continuous management by owner representatives
on-site during hours of operation, not to exceed maximum hours of 6 a.m. through 10 p.m. Monday
through Friday and 6 a.m. through 6 p.m. Saturday and Sunday. Office location shall allow for full-
time monitoring of internal driveway areas, as enhanced by video cameras as necessary.
Additionally, the owner shall provide a rolling ladder or other suitable device to allow for overhead
inspection of storage units by owner and city representatives.
· Caretaker Apartments. Although the facility shall be staffed by an on-site manager at all access
times, no caretaker shall live on the premises.
· Building Appearance. The current facility is a mix of brick far,.ade and block exterior. The block
exterior was painted within the previous 12 months and constitutes a pleasing exterior consistent
with surrounding industrial facilities.
· Buildinq Code Compliance. The owner shall comply with all applicable building code provisions.
· Storaqe Use. Use of storage facilities by storage tenants shall be limited and consistent with city
requirements. A copy of proposed sample rental agreement is attached hereto.
· Other Business Activity. The facilities contemplated for mini-storage operations stand vacant and no
other activity is contemplated within the self-storage warehousing facility.
· Si.qna.qe. Signage projections include a temporary banner (consistent with city limitations) at time of
opening and permanent, new panel signage at the driveway and south office locations consistent
with regulations and immediate neighboring facilities. Specifically, plans contemplate a two-sided,
40-square foot maximum allowable by code.
· Lighting. Perimeter lighting exists on the east and south sides of the facility. Enhanced lighting is
contemplated at the southwest and northeast exteriors as indicated on submitted plans.
Refuse Storaqe. Refuse storage will be internal.
Planning Case Report 01-22 Page 3 11/30/01
· Lawn Irriqation. A lawn irrigation system currently exists.
· Rooftop Ventilation. The facility has eight existing rooftop units and may be modified, as necessity
requires. Carbon monoxide sensor units shall be installed intemally consistent with city
requirements and industry Standards --
The concept of indoor, climate-controlled mini-storage facility operations is relatively new. Other indoor
mini-storage operations are located at 5525 Highway 169, Plymouth, and 5217 Hanson Court, Crystal.
The indoor mini-storage facility operation affords a clean and pleasing enterprise without exposure of
rental units or contents to neighborhood facilities or residents. Further, the indoor facility allows for close
monitoring and safety inasmuch as access is limited to time and supervision of the on-site manager.
VI. Notification
Property owners within 350 feet of the property were notified and staff has received no comments
VII. Development Analysis
A. Zoninq Code Amendment
The applicant approached the City with a "new concept" that does not fit into an existing choice of land
uses. Staff reviewed the matter and proposed a new CUP that fits this warehouse conversion, while
updating and correcting existing mini-storage language.
The Codes & Standard Committee met to review the proposed ordinance amendment and made
recommendations regarding the final language and the recommendations from the Committee have
been incorporated into the ordinance, which was prepared in final form by the City Attomey. The
proposed ordinance amendment and text change would read as follows:
The City Council of the City of New Hope ordains:
Section 1.. Section 4.205(7) "Self Stora.qe (mini warehouse) Facilities" of the New Hope City Code is
hereby amended to read as follows:
Section 4.205(7) "Self Storaqe (mini warehouse) Facilities". Provided that:
4.205(7)(a) "~"'-~"'~. ~., ~ ~ .... _~" ^, ,,.~.., ,~..,.,,,..,.. ~,,~, ~-~o~_~ ...... + ..~ ,~.....~,..;
4.205(7,,.,(a) "Buildin.q Location". No building shall be located closer than thirty-five (35) feet to
each other to allow for parking, loading, driveway and fire lanes.
4.205(7){-e-)(b) "Buildin.q Len.qth". No building shall be greater than one hundred fifty (150) feet in
length.
4.205(7,~.~c) "Snow Storaqe". Adequate space is provided for snow storage.
4.205(7)(.e-)(d) "Fire Hydrant". All structures are to be within two hundred (200) feet of a fire
hydrant.
4.205(7)(f)(e) "Sprinkler Systems". All storage buildings are to be equipped with dry sprinkling
systems which will be subject to review and approval of the C!~' ~u!Idi,-.
and the Fire Department.
~1,-,~
4.205(7,~/(f) "Fire Alarm System". Every two thousand (2,000) square feet of the storage
structure ;~ tc mustEbe separated by a one-hour rated firewall and sha// be
equipped with a complete and comprehensive fire alarm system
d:t='c!cm :hc!! b: ~n!t!ctcd !n c:ch :tr'--'ct'--'rc subject to the review and approval of
the Fire department.
Planning Case Report 01-22 Page 4 11/30/01
4.205(7)(-h-)(g) "Driveways and Parkin.q Area". All driveways and parking area are to be hard
(b!=c~cp cr cc.".crcte) surfaced with concrete or blacktop and provided with
adequate turning radius for fire vehicle truck maneuverability. Parking spaces
shall be striped in white and city required fire lanes shall be striped in yellow, is tc
~,,,, ,~-
bc...-....-...~-""":"*"~"",4 *~'"'"'g....~- ..v,. *~,,-...~ ~..~.,-~*,- Des noted~..~.. ...... stcrcgc sp=cc
4.205(7)¢,)(h) "Caretaker Apartment". If an "on-premises" caretaker dwelling unit is provided on
site, construction of said dwelling unit shall conform to all design standard
regulations for multiple family dwelling units of the Minnesota State Building Code
and the New Hope Zoning and Building Code. Two off-street parking spaces and
one garage stall must be provided for the caretaker dwelling unit. The occupancy
and minimum dwelling unit and room floor sizes intedor and floor area standards
shall be controlled by Sections 3.353, 3.361, 3.362, and 4.032(2)(b) of this Code.
4.205(7)~)(i) "Buildin.q Appearance". Any structures having exposure to an adjacent residential
use or public right-of-way, park or similar public use areas shall be of brick,
natural stone, wood, or stucco facing material.
4 205(7)0~-)0~) ,,~m,,, ,~,,,.; .... ^,.,;,,;,,e, "Prohibited Uses".
..... ;,,,-,,,,; ...... ; ....*~, ...... ~' '-"*;";~' Any and ali commercial, industrial or
resident/a/uses other than storage '" t: :c:'-'-r is prohibited within the self-storage
mini ,:::r:~:'--':!ng facility.
4.205(7)(k) "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 (4) vehicle tires may be stored in any rental space.
Section 2. Section 4.205(15) "Warehouse Conversion to Mini-Storaqe" of the New Hope City Code is
hereby added to read as follows:
Section 4.205( ~ 5) "Warehouse Conversion to Mini-Storaqe':
4.205(~5)(a) "On-Site Manaqer Required". A full-time on-site manager must be employed to
manage the facility, control access and supervise operations during ali open
hours in full compliance with the conditional use permit.
4.205(15)(b) "Fire Sprinkler System': The bu#ding 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.
4.205(~5)(c) "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
moro than four (4) vehicle t/res may be stored in any rental space.
4.205(~5)(d) "Rout/ne Inspection Access". Inspection visibility must be provided to each space
through an open ceiling or master lock system. Inspection of storage spaces by
the fire or building inspector shall be portaged by acceptable means such as use
of an on-site wheeled ladder, elevated catwalks or master key.
Planning Case Report 01-22 Page 5 11/30/01
4.205(15)(e) "Prohibited Uses: Any and afl commercial, industrial or residential uses oth",~
than storage is prohibited within the self-storage facility.
4.205(15)(f) "interior Access Onll/'. Storage spaces must be accessible only from the interior
of the building. Acce~ ssibility from the exterior of the building to any storage space
is prohibited.
Conditional Use Permit
1. The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally
permissible degree of discretion in determining suitability of certain designated uses upon the
general welfare, public health, and safety. In making this determination, to allow a conditional use
permit application, the City may consider the nature of adjoining land or buildings, similar uses
already in existence and located on the same premises or on other lands close by, the effect upon
traffic into and from the premises, or on any adjoining roads, and any other factors bearing on the
general welfare, public health, and safety from the approval of the conditional use permit.
2. Criteda for Decision. The Planning Commission and City Council shall consider possible adverse
effects of the proposed conditional use. In determining whether to approve or deny a conditional
use permit, the City Council and Planning Commission shall find that the conditional use permit
complies with the following criteria. The burden of proof demonstrating compliance with the
following cdteria shall be the responsibility of the applicant.
A. 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.
B. Compatibility. The proposed use is compatible with adjacent present and future anticipated
land uses.
C. Performance Standards. The proposed use conforms with all applicable performance
standards contained in the Code.
D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in
which it is proposed.
E. Zonin.q District Criteria. In addition to the above general criteria, the proposed use meets the
criteria specified for the various zoning districts:
1. In Industrial Districts (I):
a. Nuisance. Nuisance characteristics generated by the use will not have an adverse
effect upon existing and future development in adjacent areas.
b. Economic Return. The use will provide an economic retum 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, the Planning Commission and
City Council may give weight to the sociological impact of a proposed use, both positive
and negative.
Per the Planner's report, the City Code outlines 11 criteria to weight when considering a conditional
use permit for a self-storage facility. However, staff felt that these criteria did not address certain
aspects of this proposal. Therefore, the applicant requested an amendment to the City Code to add
specific language for the conversion of a warehouse building into a self-storage facility. This new
language was developed by city staff and approved by the Codes & Standards Committee. It should
be noted that the following analysis is based on the assumption that the City Council approves this
new language.
A. On-Site Mana.qer Required. A full-time person must be employed to manage the facility, control
access, and supervise operations during open hours in full compliance with all parts of the
conditional use permit.
Planning Case Report 01-22 Page 6 11/30/01
Finding: The operator must provide a full-time manager to supervise the facility dudng all hours of
operation.
B. Fire Sprinkler System. The building is equipped with an approved auto-fire sprinkler system that is
adequate to protect the variety of items stored in the building. A qualified fire protection consultant
shall evaluate the existing system and proPose changes 'to be reviewed and approved by the Fire
Department.
Findinq: According to the applicant, the facility has an existing automated overhead sprinkler
system. The applicant must provide wdtten evidence prior to issuance of a building permit that a
qualified fire protection consultant has evaluated the existing system and that they have made all
necessary additional or improvements. This written evidence is subject to the review and approval
of the Fire Department.
C. Prohibited Storage. No hazardous materials, chemicals, gasoline, or flammable liquids can be
stored in any storage space, except for normal household quantities. A maximum of four (4)
vehicle tires may be stored in any rental space. Absolutely no propane or flammable gases are
permitted in the building.
Findinq: The applicant must submit a copy of their rental contract prior to issuance of a Certificate
of Occupancy that specifies the following: (1) no hazardous materials, chemicals, gasoline, or
flammable liquids can be stored in any storage space, except for normal household quantities, (2)
a maximum of four vehicle tires may be stored in any rental space, and (3) absolutely no propane
or flammable gases are permitted in the building.
D. Routine Inspection Access. Continue the established fire prevention abilities of the City by
providing visibility of each space through an open ceiling or master lock system: Inspection of
spaces by the manager and Fire or Building Inspector can be arranged with an on-site wheeled
ladder, elevated catwalks or master key, for example.
Findinq: The applicant has agreed to an open ceiling design that will allow inspection of individual
units via an on-site wheeled ladder system.
E. Prohibited Uses. No repair, living, sleeping, cooking, commercial or industrial uses, except for
storage, shall occur within the mini-storage facility.
Findinq: The applicant agrees with the condition that no living, sleeping, cooking, commercial or
industrial uses, except for storage shall occur within the mini-storage facility.
F. Interior Access Only. No storage space may be directly accessible from the extedor of the building.
Finding: According to the applicant's plans, no storage space will have direct exterior access. All
tenants will access their storage spaces from an internal ddve lane.
Development Review Team
The Development Review Team met on November 14, was supportive of the request, and
recommended the following: provide a fire lane in front by deleting the nine parallel parking spaces;
identify hours of operation; consider changing the warehouse manager's office location to a more
visible, central area; submit comprehensive sign plan for change to multi-tenant building; upgrade
fire-sprinkler system; provide intedor security cameras; submit lease language; provide architect-
signed complete plans within one week or statement agreeing to full compliance with the State
Building Code at the time of building permit application; provide concrete curbing, per the City
Engineer; identify new plant species, sizes and planting schedule; submit illumination contours for
new exterior lights.
Planning Case Report 01-22 Page 7 11/30/01
D. Design & Review Committee ~-'
The Design & Review Committee met on November 15 to review the concept-only plans ana
sustained the recommendations of the Development Review Team, adding: provide south concrete
curbing by the new greenery; identify trash dumpster locations; routine inspection access language
makes this conversion possible from the building department and fire department standpoint. The
Committee and staff agree with the applicant predicting that this type of conversion could be a big
improvement over other existing mini-storage facilities.
E. Plan Description
Revised plans were submitted as a result of the Design & Review Committee meeting that include
the following details and excerpts from the Planner's report and Building Official comments are also
included.
1. Zoning. The existing office/warehouse building conforms to the lot and building performance
standards for the !, Industrial District. The relevant existing performance standards for sites in
the Industrial Distdct are listed below. However, in order for the proposed use to be approved,
the City must also approve the proposed text amendment.
I, Industrial District Performance Standards
Category Standard Existing Status
Front yard 30 ft. 60 ft. 'Conforming
Rear Yard 30 ft. 37 ft. Conforming
Side Yard (interior) 10 ft. 15/121 ft. Conforming
Building Height 6 stories or 72 ft. N/A Conforming
Impervious Surface Not more than 80% 65% Conforming
2. Comprehensive Plan. The Proposed Land Use Map guides this site for industrial use. Therefore,
the conversion of this site into a self-storage facility through a conditional use permit is
consistent with the City's Comprehensive Plan.
3. Parking. The City Code does not identify a specific parking standard for self-storage facilities. In
this case, the Ordinance dictates that staff consults other professional sources for a parking
standard. According to the American Planning Association (APA), self-storage facilities should
provide three off-street parking stalls plus one stall for every 100 units. Given this standard, the
site should provide five stalls. By comparison, the parking standards for an office/warehouse use
are one stall for every 300 square feet of office space and one stall for every 1,500 square feet
of warehouse space, or 52 stalls.
As proposed, the site will have 41 off-street parking stalls. While requiring the 52 stalls for a self-
storage use would be too intense, providing only five stalls could severely limit the marketability
of this site should it ever return to an office/warehouse use or add an additional office tenant.
Therefore, staff recommends that the applicant provide the 41 stalls shown in the parking area
on the south side of the building.
The nine (9) existing parallel parking stalls in the front yard on the east side of the building along
the ddve in the front of the building have been eliminated, per the request from staff, West Metro
Fire, and the Design & Review Committee. Staff is recommending as a condition of approval
that the front driveway be identified as a fire lane, per West Metro, and be appropriately signed
and painted. Two (2) handicapped accessible stalls are shown in the south parking lot.
4. Loading. The applicant's plans allow all loading and unloading to occur within the building.
Tenants will enter the building through the garage door next to the manager's office on the south
side of the building. Once inside the building, tenants may load or unload their items and then
Planning Case Report 01-22 Page 8 11/30/01
drive through the building and exit on the east side. A loading dock is also available to serve
large trucks.
5. Access. The subject property has two existing access points along Quebec Avenue North. The
first is at the south end and will allow access to the parking area and building entrance. The
second is at the north end and will ailow vehicles to leave the site once they exist the building.
6. Li(~htin.q. The petitioner has submitted reasonable lighting contours. The site plan illustrates
exterior lighting on the east and south sides of the building. AcCording to the applicant's site
plan, these lights meet the City's glare standards outlined in Section 4.034(5). Two (2) new wall
lights will be installed on the south side of the building along with one existing. One new light will
be installed on the east side of the building (far north) along with the four (4) existing lights on
the east side. The plans show that the exterior wall lights are to be RUUD-lighting "WACW"
Series, wedge luminaire with 250w lamp or equal. The Planner is recommending that the
applicant submit a cut sheet illustrating the design of the proposed lights to insure they will direct
all light down toward the ground.
7. Snow Storage. The site plan identifies three snow storage areas on the southwest, southeast,
and northeast areas of the property.
8. Curbing. A new curb is shown on the site plan to be installed along the south property line, as
recommended. The site plan shows the material to be bituminous and the City Engineer is
recommending that concrete curbing be considered.
9. Landscaping. The petitioner has submitted a detailed landscape plan and schedule, as
requested. According to the applicant, the site currently has approximately 32.5% green space.
The existing green space is made up of grass and a mixture of coniferous and deciduous trees.
In addition to this, the applicant plans to add a green strip with sod and five (5) sugar maples
along the south side of the site. The plans show that the existing irrigation system will be
extended into the new sod area.
10. Trash Storaqe. According to the applicant, all refuse containers will be stored inside the principal
building.
11. Siqnage. The site plan shows a two-sided 40 square foot ground sign on the east side of the
building and a one-sided 250 square foot (maximum) wall sign on the south wall of the building.
The applicant's proposed sign plan is in conformance with the sign standards for single
occupancy industrial uses as outlined in Section 3.49. However, the current design of the
building allows another future use in the office portion of the building. Therefore, staff
recommends that this site meet the sign standards for multiple occupancy businesses outlined in
Section 3.493. These standards limit total wall signs to 15% of the wall on which they are
placed; however, no individual tenant wall sign may exceed 100 square feet in size. Therefore,
the applicant must reduce its proposed wall sign from 250 to 100 square feet while its proposed
ground sign may remain.
Staff recommends that a condition of approval be that the applicant submits a Comprehensive
Sign Plan for change to a multi-tenant building, including scaled elevation drawings of front wall
and ground sign.
12. Interior/Number of Stora.qe Units. The floor plan shows that the following number and sizes of
storage units will be located in the building:
Planning Case Report 01-22 Page 9 11/30/01
Storage Unit Key
Code Size of Unit Quantity
A 7'a6" x 7'6" unit 4
B 10' x 7'6".unit 3
C 10'-x 10' Unit 72
D 10'x 15' unit 38
E 10' x 20' unit 59
13. Manaqer's Office. The manager's office has been relocated to the south entrance for improved
supervision of the facility as recommended.
14. Hours of Operation. In the revised narrative, the petitioner has stated that the hours of operation
will be:
6 a.m. - 10 p.m. Monday through Friday
6 a.m. - 6 p.m. Saturday and Sunday
15. Rental Aqreement. The petitioner has submitted a draft Rental Agreement, as requested.
F. Planning Considerations
Excerpts from the Planner's report have been incorporated into this report.
G. Buildin.q Considerations
No detailed architectural plans have been submitted. Many complications exist and full compliance
with the state building code is required before any construction may begin. The Building Official has
stated that it would be desirable to have a utility easement created under the common power lines
along the west boundary, where none appears to exist.
H. Legal Considerations
The City Attorney's comments are included in the Text Amendment section of this report.
I. En.qineerin.q Considerations
The City Engineer reviewed the revised plans and made the following comments:
We have reviewed the proposed improvements at 4401 Quebec Avenue. The improvements include
the conversion of an existing warehouse to a mini storage facility. Minimal site improvements are
shown.
The site's impervious area will be reduced slightly. A portion of the existing parking lot will be
removed along the south edge of the property and landscaped buffer strip will be added. The site
improvements will not require any storm water improvements for the overall site.
The existing parking lot does not include any curb and gutter. This is typical for the majority of
parking lots for the industrial properties along Quebec Avenue. It was recommended that the
applicant install curb and gutter along the new landscaped buffer strip to efficiently handle runoff
and to prevent traffic from crossing the buffer strip. The submitted plans show a proposed
bituminous type curb in this area. Concrete curb would be more durable and could be considered.
All other site items are acceptable from an engineering perspective.
J. Police Considerations
The Police Department was included in the review of these plans and the recommendations have
been considered and incorporated into the plans.
Planning Case Report 01-22 Page 10 11/30/01
K. Fire Considerations
West Metro Fire reviewed the original plans and made the following comments:
Parking on east side of building to be removed and fire lane established. Curbs shall be painted
yellow and "No Parking Fire Lane" signs installed.
· Sprinkler system needs to be evaluated by a licensed sprinkler company. The system must be
able to handle storage such as cars, trailer, boats, etc. A copy of this report must be sent to my
office for review.
· The outside bell for the water flow alarm shall be replaced with a horn and strobe.
· Horns and strobes will be placed throughout the building to warn occupants of and water flow
alarms.
· ABC fire extinguishers will need to be placed throughout the building.
VIII. Summary
Staff feels that this is a reasonable proposal for the re-use of an existing warehouse building and that
the applicant has done a good job addressing a number of issues. There are still a number of Building
and Fire Code issues that will need to be addressed, but if the petitioner is willing to cooperate with staff
on addressing outstanding issues, staff is supportive of this request.
IX. Recommendation
Staff recommends approval of the text change amendment and the conditional use permit application to
allow an interior mini-storage facility within an existing warehouse, subject to the following conditions:
1. Prior to any site work, submit detailed, signed plans that demonstrate full compliance with the State
Building Code.
2. Compliance with all recommendations from West Metro Fire. The applicant shall provide written
evidence prior to issuance of a building permit that a qualified fire protection consultant has
evaluated the existing system and that they have made all necessary additions or improvements.
This written evidence is subject to the review and approval of West Metro Fire.
3. Submit Comprehensive Sign Plan details. The site shall meet the sign standards for multiple
occupancy businesses outlined in Section 3.493. Because the building is a multiple occupancy
building, future tenant occupancy of the office space shall require review by city staff to insure
proper compliance with all zoning and building regulations prior to occupancy.
4. Comply with City Engineer recommendations for concrete curb along south property line.
5. Establish fire lane along east driveway with appropriate painting/signage.
6. The applicant shall submit a cut sheet illustrating the design of the proposed lights to insure that all
light will be directed down toward the ground.
7. The applicant must submit a copy of their rental contract prior to issuance of a Certificate of
Occupancy that specifies the following: (1) no hazardous materials, chemicals, gasoline, or
flammable liquids can be stored in any storage space, except for normal household quantities, (2) a
maximum of four vehicle tires may be stored in any rental space, and (3) absolutely no propane or
flammable gases are permitted in the building. No living, sleeping, cooking, commercial or industrial
uses, except for storage, shall occur within the mini-storage facility. There shall be a full-time
manager supervising the facility during all hours of operation.
8. Petitioner to submit statement agreeing to all 6 conditions in new code amendment.
9. Have surveyor descdbe a drainage and utility easement over the west 20 feet of property, submit to
the City for approval and then record the easement on title at Hennepin County.
Planning Case Report 01-22 Page 11 11/30/01
10. Execute Development Agreement with City and submit performance bond
improvements (amount to be determined by Building Official and City Engineer).
Attachments: Address/Zoning/Topo Maps .....
Petitioner Application/Narrative
Certified Survey
Floor Plan
Storage Unit Key
Site Plan
Landscape Plan
Lighting Plan
Rental Agreement
Ordinance Amendment
11/27 City Attorney Correspondence
City Engineer Comments
Planner's Report
Current City Code
Sign Code excerpts
Application Log
for
minor
Planning Case Report 01-22 Page 12 11/30/01
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APPLICATION TO PLANNII~G COF94IS~
~ CITY COUNCIL
City of New Hope
4~0! Xylon Avenue North
New Hope, MN 55428
Name of Applicant:
PID # 1711821220003
Hudson Properties, Inc.
Street Location of ProDerty:
4401 Quebec Avenue North, New Hope, Minnesota 55428
Legal Description of Property:
See attached Exhibit 1
OWNER OF RECORD:
Name:
Hudson Properties
Addre s s:
640 Baker Buildinq, Minneapolis, M~nnesota 55402
Home Phone: 651-698-8339 Work Phone: 612-288-9490
Applicant,s nature, of Legal or Equitable Interest:
100% .legal fee title
Fax: 612-349-6718
Type of Request.. (pertaining to what section of City Code)
Conditional use permit, New Hope Zoning Code 4.205(7)
Please outline Description of Request:
Conditional ~se permit for mini-storage operation in existing facility
(use additional 'pages if' n'~cessary)
Why Should Request be Granted: See attached Exhibit 2
form if ne~~
3/99
EXItlBIT 2
The request of Hudson Properties, Inc. for a conditional use permit should be granted for the
following reasons:
1. Hudson Properties, Inc. is owned by Steven Gregerson and David Gregerson, former
owners of Displaymasters, Inc., which maintained business operations at 4401
Quebec Avenue North for approximately 32 years. Hudson Properties is a known,
proven corporate citizen of New Hope and will operate a successful operation in a
clean and pleasing environment.
The premises at 4401 Quebec Avenue North have been vacated by the current owners
ofDisplaymasters/Giltspur Exhibitgroup. Despite a commercial sale/lease listing of
two years, the facilities remain empty with no purchase or lease candidates known
to the property owners or their agents, CB Ellis. The loss of all rental revenue from
a leasehold tenant creates significant hardship upon the present property owners and
the city's tax base.
The mini storage facility will be a climate controlled facility fully enclosed within the
existing building parameters. The storage facility will provide local, climate
controlled storage access to New Hope residents in an area densely populated by
rental property. An on-site manager will supervise all facility daily usage.
The new mini-storage usage will constitute a safer, cleaner, and quieter use than its
previous manufacturing and sales usage. Instead of traffic precipitated by
approximately 100 employees, semi-trailer access, and customer influx, as well as
the presence of industrial manufacturing equipment, saws, flammables, fork-lifts, and
chemicals, the storage facility may employ one or two employees who will provide
.supervised access to inside storage facilities.
Specific zoning code considerations may be addressed as follows:
Green Space. Zoning code provision 4.205 (7)(a) requires 35% green space on the
site. The existing facility configuration has approximately 32.5% green space.
Projected plans add green space sodding at the southern border of the property,
replacing a portion of existing parking lot to meet or exceed green space
requirements. Further, additional plantings will occur at the south and southeast
perimeter points as indicated upon submitted drawings.
Building Location. The facility is an existing building and abuts no other building
within thirty-five (35) feet to impede parking, loading, driveway or fire lanes.
Building Length. The facility exceeds 150 feet in length bm is a currently existing
building which has been used for manufacturing, storage, and sales for approximately
32 years.
Snow Storage. Adequate space exists on the parking lot for snow storage at the
southwest, southeast, and northeast locations. (The sWrage operation will employ
only one or two people on site, whereas previous staffing of manufacturing
operations required parking for approximately 60 employees.)
Sprinkler System. The present facility is equipped with fully automated overhead
sprinkling throughout. Additionally, the owner will have the sprinkler system
evaluated by a licensed sprinkler systems company and updated as necessary and
verified to the City as reviewed, evaluated, and updated.
Fire Alarm System. The facility maintains a Honeywell full security and ADT fire
alarm system.
Driveways and Parking Area. The parking area and driveway (blacktop) was
resurfaced and re-striped in 2001. The parking lot, as modified, may accommodate
approximately 40 automobiles. The parallel parking previously provided on the east
side of the building will be removed to allow for adequate fire lane dimensions. The
parking lot will be curbed at the south perimeter along newly added green space at
the southern border of the property.
Site Management. The site shall be subject to continuous management by owner
representatives on-site during hours of operation, not to exceed maximum hours of
6:00 a.m. through 10:00 p.m., Monday through Friday;, 6:00 a.m. through 6:00 p.m.,
Saturday and Sunday. Office location shall allow for full-time monitoring of internal
.driveway areas, as enhanced byvideo cameras as necessary. Additionally, the owner
shall provide a rolling ladder or other suitable device to allow for overhead
inspection of storage units by owner and City representatives.
Caretaker Apartments. Although the facility shall be staffed by an on-site manager
at all access times, no caretaker shall live on the premises.
Building Appearance. The current facility is a mix of brick facade and block
exterior. The block exterior was painted within the previous 12 months and
constitutes a pleasing exterior consistent with surrounding industrial facilities.
Buildin~ Code Compliance. The owner shall comply with all applicable building
code provisions.
2
~. Use of the storage facilities by storage tenants shall be limited and
consistent with City requirements. A copy of proposed sample rental agreement is
attached hereto.
Other Business Activity. -~"he facilities contemplated for ministorage operations
stand vacant and no other activity is contemplated within the self storage
warehousing facility.
Signage. Signage projections include a temporary banner (consistent with city
limitations) at time of opening and permanent, new panel signage at the driveway and
south office locations consistent with regulations and immediate neighboring
facilities. Specifically, plans contemplate a two-sided, 40-square foot (maximum)
per side sign at the building entrance on Quebec Avenue and a one-sided wall sign
on the south side of the building, not to exceed the 250 square foot maximum
allowable by code.
Lighting. Perimeter lighting exists on the east and south sides of the facility.
Enhanced lighting is contemplated at the southwest and northeast exteriors as
indicated on submitted plans.
Refuse Storage. Refuse storage will be internal.
Lawn Irrigation. A lawn irrigation system currently exists.
Rooftop Ventilation. The facility has eight existing rooftop units and may be
modified as necessity requires. Carbon monoxide sensor units shall be installed
internally consistent with City requirements and industry standards.
The concept of indoor, climate-controlled ministorage facility operations is relatively new.
Other indoor ministorage operations are located at 5525 Highway 169 North in Plymouth, and 5217
Hanson Court in Crystal. The indoor ministorage facility operation affords a clean and pleasing
enterprise without exposure of rental units or contents to neighborhood facilities or residents.
Further, the indoor facility allows for close monitoring and safety inasmuch as access is limited to
time and supervision of the on-site manager.
A typical corridor- well lit and plenty of space to maneuver push carts
provided by Lessor. For current proposal, with 16 foot clear ceilings, tops
of units will be covered with chain-link fencing.
Examples of smaller
and
largir unit~
A smaller unit with Handicap Accessible doors.
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RENTAL AGREEMENT
DRAFT
This Agreement is made and entered into by the undersigned this day
1. PROPERTY RENTED. Tenant agrees to rent the following property located at the selfo
storage facility at 4401 Quebec Avenue North, New Hope, Minnesota.
Enclosed Space Number: ; Space Size
2. RENT. Tenant will rent the property beginning on
Tenant agrees to pay rent in the sum of $ per month, payable in advance
on the day of each and every calendar month to Landlord, or Landlord's designated agent.
Landlord reserves the right to require that rent and other charges be paid in cash, certified check or money
order. In addition, costs incurred by Landlord by reason of Tenant's breach of any provision of this
agreement shall be deemed additional rent, and may be demanded by Landlord of Tenant at any time, withheld
fi'om Tenant's deposit, or waived, all at Landlord's sole discretion. Landlord may change the monthlyrental
rate at any time by giving Tenant at least thirty days' written notice at Tenant's last known address. If
Tenant has made advanced rental payments the new rent will be charged against such payments, effective
upon notice. Tenant shall not be entitled to a refund of the first full month's rent for any reason. Tenant shall
not be entitled to a refund of the pro rate portion of rent for the monthly rental period in which the rental
agreement ends.
3. LATE CHARGE. Rent paid more than 10 days late causes Landlord to incur damages
which are extremely difficult to measure, and because of this, Tenant agrees to pay Landlord, as additional
rent, $10.00 if rent is not paid within I 0 days of the monthly due date by close of'business and an additional
$10.00 if rent is not paid within 20 days of the monthly due date by close of business.
4. FEES AND DEPOSITS.
(a) Administration Fee. Tenant will pay Landlord a $5.00 non-refundable administration fee on
the day Tenant Signs the Rental Agreement.
(b) Security Deposit. Tenant will pay in advance a security deposit of $
to secure Tenant's faithful performance of all terms of this agreement. Occupant agrees that Landlord need
not segregate this deposit from other fimds, and that no interest will be due for the period of time during which
the deposit is held. This deposit maybe picked up, at the rental office, byTenant within 14 days after Tenant
surrenders the rented enclosed space to Landlord, less all charges for cleaning, repairing or otherwise
preparing the space for rental to others. At Landlord's sole option, amounts may be withheld from the
security deposit to compensate Landlord for rent, or any other charges due and unpaid under this Agreement,
at the time Tenant relinquishes, abandons or otherwise loses possession of the storage space.
5. DENIAL OF ACCESS. If Tenant is in default of any obligation set forth in this Rental
Agreement, Landlord may deny Tenant access to Tenant's enclosed storage space.
6. LANDLORD'S RIGHT TO ENTER. Tenant grants Landlord, Landlord's agents, or
representatives of any governmental authority access to the Enclosed Space upon three (3) days written
notice to Tenant. In the event of an emergency, or to preserve the premises, to complywith applicable law,
of
or enforce any Landlord' s rights, Landlord, Landlord' s agents, or representatives o f any government authority
shall have the right to remove Tenant' s lock and enter the Enclosed Space, without notice to Tenant, and take
such actions as may be appropriate.
7. ACCESS. Tenant understands that Tenant's cost of renting the Enclosed Space is based
on Landlord's cost of operating the Enclosed Space. Both of these costs are reduced if access to the
Enclosed Space is limited to fixed hours. Tenant will have access only during the hours posted by Landlord.
Tenant' s access to the premises maybe limited by Tenant' s faithful compliance of all rental conditions, upon
access during normal hours of storage operations, and in any manner deemed reasonably necessary by
Landlord to maintain order on the premises..
8. USE. Landlord is not engaged in the business of storage for hire. No bailment is created
by terms of this Agreement. Landlord exercises neither care, custody, nor control over tenant's property.
9. STORAGE PURPOSES. Tenant agrees to use the storage premises only for storage
purposes. Tenant agrees to use the storage space only for the storage of property wholly owned by tenant.
Tenant shall not store any animals, perishable goods nor conduct a business or work on vehicles
of any type in the enclosed space. Tenant agrees not to store collectibles, heirlooms, jewelry, works of
art or any property having special or sentimental value to Tenant. Tenant waives any claim for emotional or
sentimental attachment to the stored property. Tenant agrees not to store property with a total value in
excess of $2,500 without thewfitten p;ts~-dssion ofthe Landlord. Ifsuch written permission is not obtained,
the value of Tenant's property shall be deemed not to exceed $2,500. Nothing herein shall constitute any
agreement or admission by Landlord that Tenant's stored property has anyvalue, nor shall anything after the
release of Landlord's liability set forth below.
10. HAZARDOUS OR TOXIC MATERIALS PROHIBITED. Tenant is strictly
prohibited from storing or using materials in the enclosed storage space or on the premises
classified as hazardous or toxic under any local, state or federal law or regulation, including
chemicals, gasoline, flammable liquids, propane tanks, or flammable gases, and from engaging in
any activity which produces such materials. Tenant's obligations of indemnity as set forth below
specifically includes any cost, expenses, fmes or penalties imposed against the Landlord, arising
out of storage or use of any hazardous or toxic material by Tenant, Tenant's agents, employees,
invitees or guests. Landlord may enter the enclosed storage unit at any time to remove and
dispose of prohibited items.
11. CONDITION OF PROPERTY. Tenant has looked at the Enclosed Space and
surrounding areas and found them to be in satisfactory condition. Tenant understands that Landlord has made
no promises about the condition of the Enclosed Space or surrounding areas, its safety or its security. Tenant
will keep the Enclosed Space in good condition. Tenant will pay for any damage to the Enclosed Space
caused by Tenant or his agents during the term of this Agreement beyond reasonable wear and tear.
12. LANDLORD'S LIEN. UNDER THE MINNESOTA LAW, LANDLORD HAS A
LIEN ON THE PROPERTY OR UPON THE PROCEEDS OF THE PROPERTY STORED BY
TENANT AT THE FACILITY. THE LIEN COVERS OVERDUE RENT, LABOR CHARGES
AND OTHER CHARGES, INCLUDING EXPENSES INCURRED IN THE PRESERVATION,
SALE OR DISPOSITION OF TENANT'S PROPERTY, PERMITTED UNDER MINNESOTA
LAW. IF THE RENT OR ANY OF SUCH OTHER CHARGES DUE REMAIN UNPAID FOR
2
FIFTEEN (15) CONSECUTIVE DAYS, LANDLORD HAS THE RIGHT TO DENY ACCESS TO
CERTAIN PERSONAL PROPERTY STORED IN TENANT'S SPACE AND TO ENFORCE AND
SATISFY THE LIEN BY SELLING THE PROPERTY STORED BY TENANT AT THE
FACILITY IN ACCORDANCE WITH MINNESOTA LIENS ON PERSONAL PROPERTY IN
SELF-SERVICE STORAGE ACT (MINNESOTA STATUTES, SECTION 514.970, ET SEQ.),
WHICH AUTHORIZES SUCH ACTIONS.
13. INSURANCE. Tenant, at Tenant's expense, shah maintain a policy of fu'e, extended
coverage endorsement, burglary, vandalism, water damage and malicious mischief insurance for
the actual value of stored property. Insurance on Tenant's property is a material condition of this
agreement and is for the benefit of both Tenant and Landlord. Failure to carry the required
insurance is a breach of this agreement and Tenant assumes aH risk of loss to stored property that
would be covered by such insurance. Tenant expressly agrees that the insurance company
providing such insurance shah not be subrogated to any claim of Tenant against Landlord,
Landlord's agents or employees for loss or damage to stored property.
14. RELEASE OF LANDLORD'S LIABILITY FOR PROPERTY DAMAGE. All
personal property stored within or upon the enclosed storage space by Tenant shah be at Tenant's
sole risk. Landlord and Landlord's agents and employees shall not be liable for any loss of or
damage to any personal property while at the serf storage facility arising from any cause whatsoever
including, but not limited to, burglary, mysterious disappearance, in-e, water damage, sprinkler
damage, rodents, Acts of God, the active or passive acts or omissions of the Landlord, Landlord's
agents or employees.
15. RELEASE OF LANDLORD'S LIABILITY FOR BODILY INJURY. Landlord,
Landlord's agents and employees shah not be Hable to Tenant for injury or death as a result of
Tenant's use of the self storage facility, even if such injury is caused by the active or passive acts
or omissions or negligence of the Landlord, Landlord's agents or employees.
16. INDEMNITY. Tenant agrees to indemnify, hold harmless and defend Landlord from
aH claims, demands, actions or causes of action (including attorneys' fees and all costs) that are
hereinafter brought by others arising out of Tenant's use of the 'enclosed storage space and
common areas, including claims for Landlord's active negligence.
17. TIME TO BRING SUIT. Any claims, suits or defenses to any suit by Tenant that arise
out of this rental agreement, the negotiations that proceeded this tenancy, or for loss or damage to stored
tenant property shall be barred unless Tenant commenced an action within 12 months, after the date of the
acts, omissions, or inactions that gave rise to such claim, suit or defense.
18. LOCKS. Tenant shall provide, at Tenant's expense, alock for the enclosed storage space
which Tenant, in Tenant's sole discretion, deems sufficient to secure the enclosed storage space. Landlord
may, but is not required, to lock the Enclosed Space if it is found open. Landlord may assess a charge for
providing a lock for Tenant's Enclosed Space.
19. ALTERATIONS. Tenant will not make any alteration to the Enclosed Space unless
Landlord has given written permission.
3
20. ENDING TItE TENANCY. Landlord may terminate this tenancyby giving Tenant at least
30 days' written notice at Tenant's last known address. Tenant must give Landlord at least 10 days' written
notice of termination of the tenancy. Tenant shall leave the Enclosed Space clean and in good condition.
Tenant is respons~le for all damages ..... ~
21. RELEASE OF TENANT INFORMATION. Tenant hereby authorizes Landlord to
release any information regarding Tenant and Tenant's tenancy as may be required by law or requested by
governmental authorities or agencies, law enforcement agencies or courts.
22. CltANGE OF ADDRESS. Tenant will inform Landlord in writing if Tenant changes his
or her address or alternate address.
23. CHANGE OF TERMS. All of the terms, charges, conditions and covenants are SUBJECT
TO CHANGE BY LANDLORD UPON THIRTY (30) days' prior written notice to Tenant. ffchanged,
the Tenant may terminate this agreement on the effective date of such change by giving the Landlord TEN
(10) days' prior written notice to terminate. If the Tenant does not give such notice, the change shall become
effective and apply in accordance with the terms of the notice.
24. NO SUBLETTING OR ASSIGNMENT. Tenant will not rent the Enclosed Space, in
whole or in part, to anyone else, and Tenant will not assign any of the fights under this Agreement to anyone
else.
25. ENTIRE AGREEMENT. This Rental Agreement states Landlord's and Tenant's
complete agreement and replaces all other oral and written agreements between Landlord and Tenant.
26. NOTICES. All notices required by this Rental Agreement shall be sent by first class mail
postage pre-paid to Tenant's last known address. Notices shall be deemed given when deposited in the
United States mail. Tenant agrees that any such notice is conclusively presumed to have been received by
Tenant 5 days after mailing. All statutory notices shall be sent as required by law. Tenant will obey all
Landlord's rules and regulations, now or hereafter posted on the premises.
27. ALTERNATE ADDRESS. Tenant shall provide Landlord with an alternate address to
where notices maybe sent, if such address is available. Landlord may, but is not obligated to, send any notice
required by this Rental Agreement or by law to the alternate address provided by Tenant in addition to
Tenant's last known address.
28. INDIVIDUALS AUTHORIZED FOR ACCESS. Any person with a valid gate number
and key to the Enclosed Space is presumed to have Tenant's authorization for access.
29. VALIDITY OF RENTAL AGREEMENT. This Rental Agreement shall be governed
and construed in accordance with the laws of the State of Minnesota Ii'any part of this Rental Agreement
is declared invalid, the rest of the Rental Agreement shall remain in effect. If any part of the Rental
Agreement is inconsistent with Minnesota law, the applicable provisions ofMinnes ota law shall be considered
to be substituted for the inconsistent provisions.
4
30. MODIFICATION. This RentaiAgreement maynot be modified, mended or terminated
orally, and no modification, termination or amendment or attempted waiver shall be valid unless in writing,
signed by Landlord.
31. CONSTRUCTION. The headings preceding the sections of this Rental Agreement are
for the purpose of identification only and shall not in any event be employed or used for the purpose of
construction or interpretation ofanyportion ofthis Rental Agreement. No waiverbyanypartyofany default
or nonperformance hereunder shall be deemed a waiver of any subsequent default or nonperformance. As
used herein and when necessary, the singular imports the plural and vice versa, and masculine, feminine and
neuter expressions shall be interchangeable.
32. RULE OF STRICT CONSTRUCTION. The language used in this Rental Agreement
shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule
of strict consumction will be implied against any part.
TENANT:
(Printed Name)
Tenant Signature
Date
Street Address
City, State, Zip
Phone
Tenant Alternate Address
Alternate Name
Alternate Address
City, State, Zip
Tenant Photo Identification
5
LANDLORD
SAFE-STOR MINISTORAGE COMPANY
By
sa£e-s~or~r~tal agrccm=t
11/27/01 17:19 FAX 7634935193 JENSEN & $ONDI~T.L, P& ~ NEW HOPE CH 1~004
ORDINANCE NO. 01-
A~ ORDINANCE AMENDING Tmz. NEW HOPE
ZONING CODE BY AMENDING SECTION 4.205(7)
REG~&~G SELF STORAGE FACILIT~__-~
AND ADDING ~ON 4.205C15) PERMITTING
BY CONDITIONAL USE A WAR]~OUSE
CONVER6TON TO A SET~ STORAGE FACILITY
The City Council of thc City of New Hope
~io_~_!. Section 4.205(7) "Sci Storage (mi,i warehouse) Facilities" of the New Hope
City Code i~ hcreby amended to read as foUows:
Section 4.205(7) "$clf Storn_~c (ni.i wa~__house) Facilities". Provided that:
4.2os(
"Building_ Location". No bm'Idin_~s sh.ll bc local~d closer
than thirty-five (~ feet ~o each other to allow for parking,
loading, d:iveway and fire lanes.
"BuildinE Length_ ". No building shall be greater than onc
hlm~l'(X1. ~ (150) feet in le~lh.
4.20si"O(-eli
"Snow Storage". Adequate space is provided for snow
storage.
"Fire Hvdrant". AU str~tm~ arc to bc wjth~ two hundred
(200) fi:ct of a tLc hydram.
4.205(7)(-0~
"S'orinlder Systems". AU storage build~gs are to be
cquipp~ with dry spri,l:li,_~ systems which will be subject
to review .nd approval of .-.'.a CX'y D-ail,li~,~,,,~,~'~ ' ~ the
"Fir~ Alarm by_stem'. E~ two thousand (2.000) square
feet of the storage stmcan'e ~o ~]be separated by a~
~.~T'~'e wall and ~~~ a complete
-1-
17:19 F&X 7634935193 JENSE.N & SONDRALL, PA -, NEW It0PI~ C~ iglOOS
11/27/01
4.205(7)0)~
4.zo
and compr~ive fire alarm sysmm wi~ ~,~
appr~v~ of ~e Fkc D~c~.
'Dfivc~vs sna Pakin~ Ar~". AU ~ways ~ p~ng
~ ~e to be h~d ~'--' ........... ' ~c~
~a~ for fire ~~ ~neuvcrab~
dw~g ,mit-~ provid~ om site. ~cfi~ of smd
dwell~g ~it shsll ~n~ tO ~1 d~i~
re.flora for mMfiplc ~y dwelling
Minn~ta S~te B~dlng CO~ ~d ~e New Hppe ~ping
~o~d by S~o~ 3.353, 3.361.3.362 ~
of ~ Code = ~ ~
-~3ildlrL~ A_ovcarance". Any struc~res having cxposttre to
an adjacent residential usc or public right-of-way, park, or
similar public usc areas shall bc of brick, natural stone,
wood, or stucco facing m~terial.
-2-
11/27/01 17:19 Fi.I 7634936193 .TI~SI~I & SONDR&LL, ~A ~ t~W HOFB CR t~005
.J
11/27/01 17:20 F~ 7634935193
J]~Ns~ & $O]~DP~T.I~, PA -~ N~W HOPE CH ~t~007
Dated the
day of
This Ordinam:e shall ~ effective upon its pa~sa~ aud '.,
W. Peter Enck, Mayor
Attest:
Valeri¢ Leone, City Cl~k
(Pub~ in the New Ho~-Crolden Valley b'~m-Post tl~ ~
day of
11/27/01 17:18 FAX 7654935193 JENSEN & SONDRALL, ?A ~ NEW BOFB CH ~002
STACY ,ds_ Woons
JENSEN & SONDRALL, P.A.
Novcmbcr 27, 200I
Kirk McDonald
Community Dovelopment Director
City of New Hopc
4401 Xylon Avenue North
New Hope, MN 55428
TO: (763) $31-$136
AND BY REGULAR MAIL
Warehouse Conversion to Self Storage Facility CUP
Our File No.: 99.40111
Please find enclosed 8 r~vised Ordinauc~ ~n follow up to our November 27a Codes aud
Standsrds Meeting discussion reg~ding warehouse conversions to n self storage facility as
a conditional use pu, mit.
Basically. we discussed a number of itc-ms ~s follows:
The Pro~'bited Uses sections are being completely reworded to ~ndicatc no
commercial, h~dustrial or residential use may be ,~=a~_ of a self storage space or
bay. Specifically, the only use permitted will be storage activity. (See Section
4.205(7)0) and Section 4.205(13)(e))
s
We m-e changfl~ thc "On-Site Mznag~ Reqttired" regulation found in Section
4.205(15Xa) to indicate supervision of the facility must be made in full compl+n-ce
with th~ condid, onal use permit requirements.
The "Rw,ti~e InspectionAccess" section found at4 9-05(1 S)(d) is being changed to ·
eliminate the word aperiodic" prior to thc word "inspection" in the second sentence.
We don't want the Ordinanc~ to imply scheduled inspections of the storage spaces
will be made by our ~ to Euard against a.~,mi,~g liabilit7 agnin~ the City
in the, event some form of fflegal storage occurs at thc faoilitics and ca,,-c~ damagc
tO a third party.
17:18 FAX 7634935193 JENSEN & $01~DRAT.T., PA .~ NEW HOPI~. CH ~005
11/27/01
November 27, 2001
Page 2
- ' '" · ' Also, let me know if this
Please contact me ifF°u lmve ar0r questi°ns °r c°mm~ts regm'ding these ~' givcn 2001
Orai,~,n~e¢ will bo considered at thc December 10~ Council Meeting. If so, it should be a
O~'~nnnc= ~O~D,bcr.
S~~~ Sondrall, City Attorney.
City of New
Afire, ~om~ Ex'linden ~47
En~losm'e
cc: Valcrie Leone, City Clerk, City of New Hope (w/enc.)
Engineers & Arcl~itects
Bonestroo, Rosene. Andertik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer
and Employee Owned
Ptfncipals: Otto Bonestroo, P.E. · Marvin L. Sorvala, P.E, · Glenn R. Cook, P.E. ·
Robert G. Schunicht, P.E. - Jerry A. Bourdon, P.E.
Senior Consultants: Robert W. Rosene, P.E. · Joseph C. Anderlik, P.E. · Richard E. Turner, P,E. ·
Susan M. Et)erlin, C.P.A.
Associate Principals: Howard A. Sanford, P.E~ · Keith A. Gordon, P.E., Robert R. Pfefferle, P.E. ·
Richard W, Foster, P.E. · David O. Loskota, P.E., Robert C. Russek, AA.A. ° Mark A, Hanson, P.E. ·
Michael T. Rautmann, P.E. · Ted K. Field, P.E. · Kenneth P. Anderson, P.E. ° Mark R, Rolls, P.E. ·
David A. Bonestroo, M.B.A.· Sidney P. Wiliiamson, P.E., L.S. · Agnes M Ring, M.B.A., -
Allan R_J.c~; Schmidt, P.E.
Offices: St. Paul, Rochester, Willmar and St. Cloud, MN · Milwaukee, WI
Website: www.bonestroo.com
MEMO
TO:
FROM:
CC:
DATE:
SUBJECT:
Kirk McDonald
Doug Sandstad
Vince Vander Top
Mark Hanson
November 28, 2001
4401 Quebec Ave. N.
Our File No. 34-Gen E01-29
We have reviewed the proposed improvements at 4401 Quebec Ave. N. The improvements include
the conversion of an existing warehouse to a mini storage facility. Minimal site improvements are
shown.
The site's impervious area will be reduced slightly. A portion of the existing parking l°t will be
removed along the south edge of the property and landscaped buffer strip will be added. The site
improvements will not require any storm water improvements for the overall site.
The existing parking lot does not include any curb and gutter. This is typical for the majority of
parking lots for the industrial properties along Quebec Ave. It was recommended that the applicant
install curb and gutter along the new landscaped buffer strip to efficiently handle runoff and to
prevent traffic from crossing the buffer strip. The submitted plans show a proposed bituminous type
curb in this area. Concrete curb would be more durable and could be considered.
All other site items are acceptable from an engineering perspective.
2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311
#GI~lrHWI~$'t &$$GC~Ii&?I~IG C:GHISUKlr,4kHY$,, IIHC:,
5775 Wayzata Boulevard, Suite 555, St.
Telephone: 952.595.9636 Facsimile: 952.595.9837
MEMORANDUM
Louis Park, MN 55416
planners@nacplanning.com
TO: Kirk McDonald
FROM:
Jason Lindahl/Alan Brixius
DATE:
November 29, 2001
RE:
Hudson Properties CUP and Zoning Text Amendment
FILE: 131.01 - 01.11
The applicant, Hudson Properties, Inc., is requesting a conditional use permit to allow the
redevelopment of an existing office/warehouse building into a serf storage facility with 176
units. The self storage facility will occupy only the warehouse portion of the building while
the office section will remain open for an additional tenant. The subject property is located
at 4401 Quebec Avenue North and zoned Industrial.
Self storage facilities are allowed in the Industrial District through a conditional use permit.
However, staff was concerned with certain aspects of this proposal which were not
addressed in the existing language. Therefore, the applicant is requesting an amendment
to the City Code to specifically permit the conversion of a warehouse building into a self
storage facility. Staff developed the ordinance amendment and it was reviewed by the
Codes and Standards Committee on November 27, 2001. This committee approved the
proposed amendment with minor revisions. It is included in this report as Exhibit B.
Attached for reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Site Location Map
Proposed Zoning Text Amendment
Site Survey
Floor Plan
Site and Landscape Plan
Lighting Plan.
Comprehensive Plan
The Proposed Land Use Map guides this site for industrial use. Therefore, the conversion
of this site into a self storage facility through a conditional use permit is consistent with the
City's Comprehensive Plan.
Zoning
The existing office/warehouse building conforms to the lot and building performance
standards for the I, Industrial District. p. The-relevant existing performance standards for
sites in the Industrial District are illustrated in the table below. However, in order for the
proposed use to be approved, the City must also approve the proposed text amendment.
!, Industrial District Performance Standards
Category Standard Existing Status
Front Yard 30 ff. 60 fl. Conforming
Rear Yard 30 ft. 37 ft. Conforming
Side Yard (Interior) 10 ft. 15/121 ft. Conforming
Building Height 6 Stodes or 72 ft. N/A Conforming
Impervious Surface Not more than 80% 65% Conforming
Parking
The City Code does not identify a specific parking standard for self storage facilities. In
this case, the Ordinance dictates that staff consult other professional sources for a parking
standard. According to the American Planning Association (APA), self storage facilities
should provide three off-street parking stalls plus one stall for every 100 units. Given this
standard, the site should provide five stalls. By comparison, the parking standards for an
office/warehouse use are one stall for every 300 square feet of office space and one stall
for every 1,500 square feet of warehouse space, or 52 stalls.
As proposed, the site will have 41 off-street parking stalls. While requiring the 52 stalls
for a self storage use would be too intense, providing only five stalls could severely limit
the marketability of this site should it ever return to an office/warehouse use or add an
additional office tenant. Therefore, staff recommends that the applicant provide the 41
stalls shown in the parking area on the south side of the building.
Loading
The applicant's plans allow all loading and unloading to occur within the building. Tenants
will enter the building through the garage door next to the manager's office on the south
side of the building. Once inside the building, tenants may load or unload their items and
then drive through the building and exit on the east side. A loading dock is also available
to serve large trucks.
Access
The subject property has two existing access points along Quebec Avenue North. The first
is at the south end and will allow access to the parking area and building entrance. The
second is at the north end and will allow vehicles to leave the site once they exit the
building.
Lighting
The site plan illustrates exterior lighting on the east and south sides of the building.
According to the applicant's site plan, these lights meet the City's glare standards outlined
in Section 4.034 (5). However, the applicant should submit a cut sheet illustrating the
design of the proposed lights to insure they will directed all light down toward the ground.
Landscaping
According to the applicant, the site currently has approximately 32.5% green space. The
existing green space is made up of grass and a mixture of coniferous and deciduous trees.
In addition to this, the applicant plans to add sod and four Sugar Maples along the south
side of the site.
Signage
The applicant's proposed sign plan is in conformance with the sign standards for single
occupancy industrial uses as outlined in Section 3.49. However, the current design of the
building allows another future use in the office portion of the building. Therefore, staff
recommends that this site meet the sign standards for multiple occupancy businesses
outlined in Section 3.493. These standards limit total wall signs to 15% of the wall on
which they are placed; however, no individual tenant wall sign may exceed 100 square feet
in size. Therefore, the applicant must reduce its proposed wall sign from 250 to 100
square feet while its proposed ground Sign may remain.
Trash Enclosure
According to the applicant, all refuse containers will be stored inside the principal building.
CUP
Section 4.205 (7) of the City Code outlines eleven criteria to weigh when considering a
conditional use permit for a self storage facility. However, staff felt that these criteria did
not address certain aspects of this proposal. Therefore, the applicant requested an
amendment to the City Code to add specific language for the conversion of a warehouse
building into a self storage facility. This new language was developed by City staff and
approved by the Codes and Standards Committee. It should be noted that the following
analysis is based on the assumption that the City Council approves this new language.
A. On-site Manager Required. A full-time person must be employed to manage the
facility, control access, and supervise operations during open hours in full
compliance with all parts of the conditional use permit.
Finding: The operator must provide a full-time manager to supervise the facility
during all hours of operation ....
Fire Sprinkler System... The building is equipped with an approved auto-fire
sprinkler system that is adequate to protect the variety of items stored in the
building. A qualified fire protection consultant shall evaluate the existing system
and propose changes to be reviewed and approved by the Fire Department.
Finding: According to the applicant, the facility has an existing automated overhead
sprinkler system. The applicant must provide written evidence prior to issuance of
a building permit that a qualified fire protection consultant has evaluated the
existing system and that they have made all necessary additions or improvements.
This written evidence is subject to the reviewed and approval of the Fire
Department.
Prohibited Stora,qe. No hazardous materials, chemicals, gasoline, or flammable
liquids can be stored in any storage space, except for normal household quantities.
A maximum of four (4) vehicle tires may be stored in any rental space. Absolutely
no propane or flammable gases are permitted in the building.
Finding: The applicant must submit a copy of their rental contract prior to issuance
of a Certificate of Occupancy that specifies the following: (1) no hazardous
materials, chemicals, gasoline, or flammable liquids can be stored in any storage
space, except for normal household quantities, (2) a maximum of four vehicle tires
may be stored in any rental space, and (3) absolutely no propane or flammable
gases are permitted in the building.
Routine Inspection Access. Continue the established fire prevention abilities of the
city by providing visibility of each space through an open ceiling or master lock
system. Inspection of spaces by the manager and Fire or Building Inspector can
be arranged with an on-site wheeled ladder, elevated catwalks or master key, for
example.
Finding: The applicant has agreed to an open ceiling design that will allow
inspection of individual units via an on site wheeled ladder system.
Prohibited Uses. No repair, living, sleeping, cooking, commercial or industrial uses,
except for storage, shall occur within the mini-storage facility.
Finding: The applicant agrees with the condition that no living, sleeping, cooking,
commercial or industrial uses, except for storage, shall occur within the mini-storage
facility.
Interior Access Only. No storage space may be directly accessible from the exterior
of the building.
Finding: According to the applicant's plans, no storage space will have direct
exterior access. All tenants will access their storage spaces from an internal drive
lane.
RECOMMENDATION
Staff recommends approval of a zoning text amendment to allow the conversion of an
existing office/warehouse building into a self storage facility through a conditional use
permit. Should the City approve this amendment, staff recommends approval of a
conditional use permit to allow the conversion an existing office/warehouse building into
a self storage facility. This recommendation is based on the findings made in this report
and the following plans date 11-21-01: Site Survey, Floor Plan, Site and Landscape Plan,
and Lighting Plan. This recommendation is subject to the following conditions.
Approval of the zoning text amendment to allow the conversion of an existing
office/warehouse building into a self storage facility through a conditional use
permit.
The applicant shall submit a cut sheet illustrating the design of the proposed lights
to insure that all light will be directed down toward the ground.
There shall be a full-time manager supervising the facility during all hours of
operation.
The applicant shall provide written evidence prior to issuance of a building permit
that a qualified fire protection consultant has evaluated the existing system and that
they have made all necessary additions or improvements. This written evidence is
subject to the reviewed and approval of the Fire Department.
The applicant must submit a copy of their rental contract prior to issuance of a
Certificate of Occupancy that specifies the following: (1) no hazardous materials,
chemicals, gasoline, or flammable liquids can be stored in any storage space,
except for normal household quantities, (2) a maximum of four vehicle tires may be
stored in any rental space, and (3) absolutely no propane or flammable gases are
permitted in the building.
°
No living, sleeping, cooking, commercial or industrial uses, except for storage, shall
occur within the mini-storage facility.
Because the building is a multiple occupancy building, future tenant occupancy of
the office space shall require review by City staff to insure proper compliance with
all zoning and building regulations prior to occupancy.
pc:
The site shall meet the sign standards for multiple occupancy businesses outlined
in Section 3.493.
Doug Sandstad
Steve Sondrall
Vince Vandertop
Hudson Properties, Inc.
Subject
Property
City of
New Hope
EXHIBIT A
Add New Conditional Use Permit:
4.205 [15] Warehouse Conversion to Mini-Storaoe:
1. On-site Manager Required. A~full-time person must be employed to manage the
facility, control access, and supervise operations during open hours in full
compliance with all parts of the conditional use permit.
2. Fire Sprinkler System. The building is equipped with an approved auto-fire
sprinkler system that is adequate to protect the variety of items stored in the
building. A qualified fire protection consultant shall evaluate the existing system,
and propose changes to be reviewed and approved by the Fire Department.
3. Prohibited Storage. No hazardous materials, chemicals, gasoline, or flammable
liquids can be stored in any storage space, except for normal household quantities.
A maximum of four (4) vehicle tires may be stored in any rental space. Absolutely
no propane or flammable gases are permitted in the building.
4. Routine Inspection Access. Continue the established fire prevention abilities of the
city by providing visibility of each space through an open ceiling or master lock
system. Inspection of spaces by the manager and Fire or Building Inspector can
be arranged with an on-site wheeled ladder, elevated catwalks or master key, for
example.
Prohibited Uses. No repair, living, sleeping, cooking, commercial or industrial uses,
except for storage, shall occur within the mini-storage facility.
o
Interior Access Only. No storage space may be directly accessible from the exterior
of the building.
EXHIBIT B
I, INDUSTRIAL DISTRI~2T
4.201
5/14/'200,1
Purpose. The purpose of the I, Industrial District is to provide for the establishment of heavy
industrial and manufacturing development use which, because of the nature of the product or
character o factivity, requires isolation from residential oi non-compatible commercial uses. The
I District is also intended to provide for large scale activities ora sociological nature not suited
to other districts, but reasonably compatible with the same characteristics suitable for General
Industrial Use.
4.202 Permitted Uses. The following are permitted uses in an I District:
4.202 (1) Radio and Television Antenna Farm.
4.202 (2) Research, Medical, Dental or Optical Laboratories.
4.202 (3) Trade School/Training Schools/Specialty Schools.
4.202 (4) Warehouses.
4.202 (5) Essential Services.
4.202 (6) Governmental and Public Utility Buildings and Structures.
4.202 (7) Building Materials/Appliance and Furniture Retail Sales.
4.202 (8) Eno'raving, Printing and Publishine.
4.202 (9) Wholesale Business.
4.202 (10) Manufacturin~ etc. The manufacturing, compounding, assembly, packaging,
processing, treatment or storage of products and materials.
4.202 (11) Automobile Major Repair.
4.202 (12) Office Business.
4.202 (13)
4.203
4.203 (1)
Cable TV. Limited scope production studio for franchised Cable TV company allowing
for production of community oriented cable television programming produced by and
for members of the community or commercial programming limited to presentation on
the cable system serving only New Hope and other member cities of the Northwest
Suburban Cable Communications Commission. Said use shall require all antennae
conform to height limits of Section 4.032(5). Additional antenna height may be
permitted by Conditional Use Permit pursuant to those procedures set forth and
regulated by Section 4.33. Notwithstanding Section 4.33, no Conditional Use Permit
shall be grouted unless a public hearing is held and there is a finding that the additional
height is technically necessary to serve the New Hope area and that this additional
height will have no adverse effect on the area surrounding the studio.
Permitted Accessory Us¢~, The following are permitted accessory uses in an I District:
Accesso Buildin . Accessory building for commercial uses shall not exceed thirty
(30) percent of the gross floor space of the principal building.
4 - 130
5/14/2001
4.204(5) (t') Access. Storage sites shall be accessible by service and emergency vehicles.
4.204(5) (g) Valves.. All £dlmg valves of the storage maks shall be enclosed and have locking
devices:
4.204(5) (h) ~- A warning sign shall be required for every tank and shall be
placed in a conspicuous location directly on the ~ indicating a supplier's name,
address, phone number, that highly dangerous and flammable material is stored
therein and that no smoking requirements must be observed or a sufficient warning
~ ~at affect. Said signage may not exceed four (4) square feet nor may it be used
~ for'~v¢~ing purposes.
4.2~ Conditional Uses I. The~ollowing are conditional uses in an I District: (Requires a conditional
(~ ,~.~e permit based u~o~rocedures set forth in and regulated by Sections 4.303 and 4.33 and
~dards set forth in Section 4.03 of this Code.
4.205 (1) Open Outdoor Storage as a Principal or Accesso~ Use. Open outdoor storage as a
conditional accessory use, where the open outdoor storage area exceeds twenty (20)
percent of the gross floor area of the principal slxucmre provided that:
4.205(1)(a) Screening/Landscaping. The open outdoor storage area is screened and landscaped
from adjacent residential uses and public right-of-way in compliance with Section
4.034 of this Code.
4.2o5rl)
Fencing. A wire weave/chain link security fence shall be required around the open
outdoor storage area in conformance with Section 4.034(3)(c) of this Code. Open
outdoor storage areas intended for the exclusive storage of semi-trailers may be
exempt from the required security fencing provided the storage area is delineated
and the individual trailers are secured.
4.205(1 ) (c) Surfacine. The open outdoor storage area is surfaced with concrete or bituminous.
4.205t' l ) (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
hack five (5) feet from all side and rear lot lines and shall not be located within a
utility or drainage easement.
4.205(1) (e)
Required Space. The open outdoor storage area shall not utilize any required off-
street parking, loading areas, or access space, as required by Section 4.035 and
4.036 of this Code.
4.~o5(1~(0
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 obt~inlng an administrative permit for the outdoor storage of
propane or LP gas per Section 4.204(5) of this Code.
4.205(11 (g) lRefuse and Upkeep. The property owner shall keep open outdoor storage areas
free of refuse, trash, debris, weeds, and waste fill.
4.205 (2)
Planned Unit Development, Industrial. Industrial planned unit development as
regulated by Section 4.34 of this Code.
5/14/2001
4.205 (3) Restaurants.
4.205 (4)
4.205 (5)
Motels/Hotels.
Commercial Reereatior~ Facilities. Commercial Recreation, provided that:
4.205(5) (a) ~
Access. The site of the proposed use has direct access to an arterial street as
defined in the City Code, without utilizing pubhc streets ora lower traffic handling
classification to reach the arterial street.
4.205(5) (b)
Compatibility. The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence.
4.205(5) (c) Li~htin~ Shielded. All lighting shall be hooded and so directed that the light
source is not visible from the right-of-way or from a residential zone or use.
4.205(5) (d)
Surfacing. Thc entire area other than that occupied by buildings, structures or
plantings shall be surfaced with a bituminous or concrete material which will
control dust and drainage. The material and grading shall be subject to the
approval of the City.
4.205 (5) (e) Landscapine. Landscaping shall be provided and the type of planting material and
the number and size of plants shall be subject to the approval of the City.
4.205 (6) Solid and Hazardous Waste Transfer Station;,
4.205(6) (a) Purpose. The purpose of this section is to establish standards for the development
of energy resource recovery-solid and hazardous waste transfer facilities.
4.205(6) (b) General Provisions.
4.205(6)(b) (i)
4.205(6)(b) (ii)
Area. The site must be five (5) acres, or larger.
Access. The site shall not be more than one (1) mile from a nine (9) ton
roadway. Sites adjacent to State Highway No. 169, or arterial streets, are
to be preferred.
4.205(6)(b)(iii) Development. Thesitedevelopmentshallnotrequiremajorslope cutting,
filling or off-site utility work.
4.205(6)(b) (iv) Ownership. The site must be owned by Hennepin County or privately
held and currently for sale.
4.205(6)(b) (v)
4.205(6)(b) (vi)
.Traffic. A thorough Traffic Analysis must be made of the existing and
anticipated impacts upon streets within the City of New Hope. This study
would be based upon the Goals and Objectives of the 1998 New Hope
Transportation Plan. Development shall be consistent with this Plan and
shah be evidenced by the Traffic Analysis.
Environmental. The site must be well-buffered and have minimal visual,
activity, and noise impact on residences.
5/14/2001
4.205(6)(b) (vii) Noise.. The site must be one thousand (1000) feet from the nearest
residence and well buffered from residential areas as to sound pollution,
and shall conform with the Noise Ordinance of the City of New Hope.
4.205(6)(b) (viii) ~. The site development shallminimize impacts on wetlands,
streams, lakes and pondmg areas.
4.205(6)(b) (ix) Recreation. The site development shall not conflict with existing
recreational facilities in the City.
7) Self Storage (mini warehouse) Facilities. Provided ~t: ~
5.205(7) (a) Green Spac.e.. At least thirty-five (35) percent of the.site is open green s. ,pace. wh.?~h
is sodded and intensely landscaped in accordance w~th a plan approvea oy me ~.~ry
Council.
4.205(7) (b) ~. No buildings shall bc located closer than thirty-five (35) feet
to each other to allow for parking, loading, driveway and fire lanes.
4.205(7) (c) ~. No building shall be greater than one hundred fifty (150) fcct in
length.
4.205(7~ (d)
4.205(7) (e)
4.:05(7) (0
Snow Stora.~.e. Adequate space is provided for snow storage.
Fire Hydrant. All structures are to be within two hundred (200) feet of a fire
hydrant.
~. All storage buildings are to be equipped with dry sprinkling
systems which will be subject to review and approval of the City Building Official
and the Fire Department.
4.205(7) (g)
Fire Alarm System. Every two thousand (2,000) square feet of the storage
structure is to be separated by a fixe wall and a complete and comprehensive fire
alarm system with smoke detectors shall be initiated in each structure subject to the
review and approval of the Fire Deparlment.
4.205(?) (h)
4.205(7~ (i)
Driveways and Parkin~ Area. All driveways and parking areas are to be hard
(blacktop or concrete) surfaced and adequate turning radius for lure truck
maneuverability is to be maintained throughout the site. Designated snow storage
space is to be provided to insure adequate and safe access during winter months.
Caretaker AparUnent. If an "on-premises" caretaker dwelling unit is provided on
site, construction of said dwelling unit shall conform to all design standard
regulations for multiple family dwelling units of the Minnesota State Building
Code and the New Hope Zoning and Building Code. The occupancy and minimum
interior and floor area standards shall be controlled by Sections 3.353, 3.361, 3.362
and 4.032(2)(b) of this Code. Off-street parking shall be made available for said
dwelling trait in conformance with Section 4.035 of this Code.
4.205(7
Buildin~ Appearance. Any structures having exposure to aa adjacent residential
use or public fight-of-way, park, or similar Public use areas shall be of brick,
natural stone, wood, or stucco facing material.
S/14/'2001
4.205/7)(k) OtherBusinessActivitv. No retailing, wholesaling, manufacturing, repair, or other
such activity other than storage is to occur within the self storage, mini
warehousing facility.
4.205 (8) Personal Wireless Service Antenna Towers. perSonal wireless service antenna towerS
in conformance with Section 4.039D of this Code.
4.205 (9)
Commercial and Public Radio and Television Transmitting Antennas and Public Utility
Microwave Antennas and Related Antenna Towers. Commercial and public radio and
television transmitting antennas and public utility microwave antennas and related
antenna towers in conformance with Section 4.039D of this Code.
4.205 (10) Tracking Operation. Truck terminals and major truck repair provided the site is
adjacent to an arterial street, provided that:
4.205(1 O) (a)
Regardless of whether the dispensing, sale or offering for sale of motor fuels
and/or oil is incidental to the conduct of the use or business, the standards and
requirements imposed by this Code for motor fuel stations shall apply. These
standards and requirements are, however, in addition to other requirements
which are imposed for other uses of the property.
4.205~ l O) (b)
The entire site other than that taken up by a building, s~uctu~e or plantings
shall be surfaced with blacktop or concrete to control dust and drainage which
is subject to the approval of the City Engineer.
4.205(1 O) (c)
4.205(10) (d)
4.205(10) (e)
4.205(10) (0
4.205(! 0) (g)
4.205 (11)
4.205 (12)
4.205 (13)
4.205 (14)
A drainage plan subject to the approval of the City Engineer shah be installed.
The lighting shall be accomplished in such a way as to have no direct source
of light visible from adjacent land in residential use or from the public right-
of-way and shall be in compliance with Section 4.034(5) of this Code.
Wherever fuel pumps are to be installed, pump islands shall be installed.
Parking or track magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 4.034(3) of this Code.
No outside storage, sales, service or rental shah be permitted, unless otherwise
approved in accordance with applicable provisions of this Code.
.Health and Social Services. Private, non-profit social service organizations providing
broad based family and individual activities of a health, athletic and social nature,
provided the site is adjacent to an arterial street.
~. Group day care centers operated in conjunction with a health and
social services use which qualified under Section 4.2050 1).
Adult Use, Principal Subject to the reguhtious of Section 4.039C of this Code.
County, state or federal government buildings or slructures necessary for the health,
safety or welfare of thc community.
4 - 136
5/14/2001
4.206
Lot Requirements, Buildin~ Heights, and Setbacks. Thc following minimum requirements shall
be observed in thc I Dislrict subject to additional requirements, exception, and modification set
forth in this Code.
~.206 (1) ~inimum Lot Area. one (1) acr~.
4.206 (2) ]Vfin~mum Lot Wide. One htmcLred (100) feet.
4.206 (3) Impervious Surface~. ~ot more than eighty (80) percent o£ the lot area shall be
impervious surface.
4.206(3) (a) The pervious portion of the lot area shall be maintained as landscaping in
conformance with Section 4.034(4) of this Code.
4.206 (4) ~. Six (6) stories or seventy-two (72) feet, whichever is greater. Four
(4) stories of forty-eight (48) feet, whichever is greater, shall be required where an I
District lot abuts the side or rear lot lines of lots in an R-1 or R-2 Zoning District.
4.206 (5) Setbacks.
Front: Local Front: Arterial or Rear Co)(c) Side Interior Side Side: Comer Side: Anerial or
Street Community Yard (b)(¢) Local Street Community
Collector Street Collector Street
(a) (a)
30 feet 30 feet 30 feet 10 (b) 30 feet 30 feet
(a) See Section 4.033 (6)(b) ofthis Code.
(b) A seventy-five (75) foot side or rear yard setback will be required where the lot abuts
an R-1 or R-2 Zoning District.
(c) For each additional story over three (3) stories or for each additional ten (10) feet over
forty (40) feet, the rear and side yard setback requirements shall be increased by five
(5) feet.
4.21-4.23 RESERVED
3.492 C/) Reader Boards.
3.492(7) (a) The reader board shall be a wall, freestanding, or monument sign. The
reader board sign area shall count as pan of the total sign area allowed within
a respective district.
3.492(7) Ih) The reader board area shall not exceed more than fifty (50) percent of the
wall, freestanding, or monument sign erected.
3.492(7) (e) No more than one (1) reader board per premim is permitted.
3.492(7). (d) The reader board may display a given copy or graphic image for a minimum
of three (3) seconds within the reader board frame. Continuous scrolling
messages are not permitted.
//~.493 Signs Accessory to Multiple Occupancy Business and Industrial Uses, Includin~ Shoppine,
Cenmrs. When a single principal building is devo~l to two (2) or more businesses or
induswial uses, a comprehensive sign plan for the entire building or shopping cemer .~hall
be submilled and shall include the information required by section 3.493' (1) of this Code
to permii a determlnafion as lo whether or not the plan is consistent with secfious (2)
through (4) of section 3.493. No permit shall be issued for an individual use except upon
a de~ermlnation that it is consis~mt with a previously or concurrently zpproved
comprehensive sign plan. The effect of said comprehensive sign plan is w allow and
require the owner of multiple occupancy slruc~res to de~ermine the specific indiviitual sign
requirem~s for the tenan~ of his building. As sign locations, size and other sign derails
may be of some si~ificant importance in lease arrangemems between owner ami ~enant,
it is the City's intention lo establish general requiremems for the overall building only, thus
providing a building owner with both the flexibility and responsibility lo deal with his
individual ~n~s on their specific sign needs.
.493 (1) Comprehensive Si~n Plan Information. The applicant shall prepare a wfillen and
graphic comprehensive signage plan for submission to the City. Said plan shall
include, but not be limi~l lo the following information:
3.493(1) (a) Sign location (both wall signs and freestanding signs)
3.4930) (b) Sign area
3.493(1) (c) sign height
3.493(1) (d) Scaled building elevations
3.493(1) (e) Scaled floor plan that outlines ~enant bays
3.493(1) (~) Identification of sign design
3.493(1) (g) Sign construction drawings (sections)
(h) .'l~.e Co .uncll, planning Commission and City S~fff may request ~d4ifional
informau.on, from the applicant concerning the application or may retain
expert .o. pmlo.~..at the expense of the City, or may require as a comiifion of
proceeding with l~s consideration that the applicant furnish expert opinion and
dam at the expense of the applicant.
3.493 (2) .Wall Signs.
3.493(2) (a) Maximum Area. The total allowable sign area for a multiple occupancy
structure shall not exceed fifteen (15) percent of the combined wall mrfaces
on walls which abut streets in business or industrial zoning dislricts. No
individual tenant identification sign may exceed one hundred (100) square
feet in area.
3 -48 072684
CITY OF NEW HOPE
SPECIAL ZONING PROCEDURES APPLICATION LOG
A B C D E F G H I J
Appli- Applicant Date Date Applicant Date 60- Date 120- Date Deadline Date City Date City
cation application was sent day time day time Applicant for City approved or sent response
number Name received notice limit limit was notified action denied the to Applicant
Address by City that required expires expires of under application
3hone information extension extension
was missing or waiver
01-22 Hudson Properties, Inc. 11/09/01 1/08/02 3~09~02
640 Baker Building
706 2n~ Avenue South
Minneapolis, MN 55402
Steve Greverson
612-288-9490
612-349-6718 fax
Boxes A-C and E-F will always be filled out. Whether the other boxes are filled out depends on the City's procedures and the date of a specific application.
Ao
B.
C.
D.
Assign each application a number.
List the Applicant (name, address and phone).
List the date the City received the application.
List the date the City sent the Applicant notice that required information was missing. If the City gives such notice, it must do so within 10 business days after the
date in Box C. If the time clock is "restaded" by such a notice, assign the application a new number and record all subsequent deadlines on a new line.
To calculate the 60-day limit, include all calendar days.
To calculate the 120-day limit, include all calendar days.
Despite the automatic extension, the City will notify the Applicant a second time by mail that a 120-day approval period applies to the application. (The date in Box G
must come before the date in Boxes E and F.)
List the deadline under any extension or waiver.
The City must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.)
List the date that the City sent notice of its action to the Applicant. It is best if the City not only takes action within the time limit, but also notifies the Applicant before
the time limit expires.
Planning Case:
Petitioner:
Address:
Request:
PLANNING CASE REPORT
City of New Hope
Meeting Date-:
Report Date:
01-19
City of New Hope
4401 Xylon Avenue North
December 4, 2001
November 30, 2001
Ordinance No. 01-14, An Ordinance Amending New Hope Code §4.204(3) by
Permitting by Administrative Permit the Retail Sale of Bulk Product in the Industrial
Zoning District Delivered or Repackaged for Resale at Principal Building
II.
III.
Request
City staff is requesting that the Planning Commission and City Council approve the attached minor
ordinance amendment, which amends New Hope Code {}4.204(3) by permitting by administrative permit
the retail sale of bulk product in the Industrial Zoning District delivered or repackaged for resale at
principal building. This amendment is related to a request by Simon Delivers to distribute/sell beer and
wine in conjunction with its grocery delivery business.
Zoning Code References
The attached ordinance amendment references the following section of the New Hope Code:
Section 4.204(3) "Retail Sale, Limited"
This portion of the Zoning Code is contained under the Administrative Permit Section (4.204) under the
Industrial Zoning District (Section 4.20)
Background
In the summer of 2001, Simon Delivers began making informal inquiries to the City regarding the
possibility of obtaining an off-sale liquor license for the purpose of selling intoxicating liquor, wine and
beer, along with its food delivery service. The City has previously approved two large building expansion
projects at 3440 Winpark Drive to accommodate the growth of Simon Delivers' business. One building
expansion (to the west of the original building) has been completed and an additional expansion (to the
north) is yet to be constructed. Simon Delivers formalized this request in September with a presentation
to the City Council. Over the past several months the City Council has studied the issue of expanding
the number of off-sale licenses (in part to retain the Simon Delivers business) and on-sale licenses to
encourage new development in the City. The City Council recently approved ordinance amendments to
the liquor ordinance expanding the number of on- and off-sale licenses available in the City. The City
Council will conduct a public hearing on December 10 to consider Simon Delivers' application for an off-
sale license.
It is the opinion of city staff, Planning Consultant and City Attorney that the Zoning Code needs a minor
amendment to allow this activity in an Industrial Zoning District and staff initiated a minor code
amendment to address this issue.
Planning Case Report 01-12 Page 1 11/2/01
IV. Petitioner's Comments
Staff requested that the Planning Consultant review this issue and make recommendations for
changes, in conjunction with city staff and the City Attorney. The City, not Simon Delivers, initiated this
minor amendment, so there is no correspondence from Simon Delivers specifically requesting this
change. Simon Delivers representatives did make a presentation to the City Council in September
regarding the liquor license issue and those materials are attached.
V. Notification
Amendments to the Zoning Code require a public hearing and the enclosed notice was prepared by the
City Attorney and published in the official newspaper. No mailings or other notification to property owners
is required because this amendment would be effective citywide where retail sales are allowed in the
Industrial District.
VI. Development or Code Analysis
Per the Planner's report, Simon Delivers would like to obtain an off-sale liquor license for the purpose of
selling intoxicating liquor, wine and beer, along with its food delivery service in the City of New Hope.
The City Attorney has looked at this issue and documented his findings in correspondence to the City. It
appears that to obtain an off-sale liquor license, the New Hope Code and State Statutes would require
that an exclusive liquor store be established on site to allow for the issuance of the permit. By exclusive
liquor store, this would require that part of the building be separated from the balance of the grocery
sales with a separate entrance and separate delivery service to accommodate the liquor store. The City
Attorney also indicates that it would require Simon Delivers to establish a separate liquor store that
would permit customers to actually come to the store and purchase alcoholic beverages. The City
Attorney further stated that based on his interpretation of Code, that store would refer to an on-premise
sale of merchandise. Based on this interpretation of the Statute, the City needs to look at what would be
permitted within the Zoning Ordinance to accommodate such a facility.
Simon Delivers' site is zoned I, Industrial, which allows for the warehousing facility that allows for the
present use. In looking at Section 4.204, Administrative Permits, provision 3 allows for retail sales of
products manufactured or processed on the site provided the sales area does not exceed 30 percent of
the gross floor area of the building. This provision would allow retail sales, however, as described,
an amendment would be necessary to address products that were not specifically manufactured
or processed on site. City staff and consultants believe that this section could be modified to
accommodate Simon Delivers by stating: "retail sales of products manufactured, processed, or
received in bulk and packaged on site for redistribution, provided the sales area did not exceed
30 percent of the gross floor area of the building." With this amendment, staff believes an
administrative permit could be approved to accommodate Simon Delivers and other similar situations.
In discussion with city staff, a number of conditions were looked at being assigned to this approval
would be the expansion of the Simon Delivers' building to include third phase of development, adequate
parking, and the establishment of an entrance for walk-in liquor sales. These issues would all be
addressed at the time of Administrative Permit application/approval. The Planning Commission is being
requested to amend the Zoning Code to allow this expanded use of retail sales by administrative permit;
not approve the plan for this specific site or application.
Finally, other issues not necessarily related to the Planning Commission or this code amendment, the
Minnesota Liquor Control Board must approve Simon Delivers' operation for off-sale license. The City
Attorney indicated that beyond the zoning issues, the Liquor Control Board needs to resolve issues
pertaining to age verifications, delivery arrangements, and the segregation of grocery and liquor sale
deliveries as part of the licensing approval. These issues are all being coordinated with the Police
Department and Liquor Control Board and will be addressed at the public hearing for the off-sale
license on December 10.
Planning Case Report 01-12 Page 2 11/2/01
VII. City Attorney Comments/Draft Ordinance
The City Attorney has prepared the enclosed proposed Ordinance Amending New Hope Code Section
4.204(3) by Permitting by Administrative Permit tl~e Retail Sale-of Bulk Product in the Industrial Zoning
District Delivered or Repackaged for Resale at Principal Building. The only change to the ordinance is
that the phrase "or delivered in bulk and repackaged for sale" has been inserted into the current
language.
"The City Council of the City of New Hope ordains:
Section 1. Section 4.204(3) "Retail Sale, Limited" of the New Hope City Code is hereby amended to
read as follows:
Section 4.204(3) "Retail Sales, Limited." Retail sales of products manufactured, e~ processed or
delivered in bulk and repackaged for sale on the site, provided that the sales area not exceed thirty (30)
percent of the gross floor area of the principal building.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication."
VIII. Codes & Standards Committee
The Codes & Standards Committee of the New Hope Planning Commission met and discussed this
ordinance amendment on October 17 and was supportive of the change. The Committee made
recommendations on the final wording of the ordinance and the ordinance was revised, per its
recommendations. The Committee is recommending approval of the minor amendment to the full
Planning Commission.
IX. Staff Recommendations
Staff recommends approval of the ordinance amendment.
ATTACHMENTS:
Draft Ordinance No. 01-14
11/21 City Attorney Correspondence
11/12 City Attorney Correspondence
Public Hearing Notice
10/17 Planner's Report
9/14 Planner's Report
Excerpts: Current Zoning Code
11/28 SunPost Article
Simon Delivers' Presentation
Planning Case Report 01-12 Page 3 11/2/01
ORDINANCE NO. 01-14
AN ORDINANCE AMENDING NEW HOPE CODE .~4.204(3)
BY PERMITTING-BY ADMINISTRATIVE PERMIT
THE RET,a,H. SALE OF BULK PRODUCT IN
THE INDUSTRIAL ZONING DISTRICT
DELIVERED OR REPACKAGED FOR
RESALE AT PRINCIPAL BUILDING
The City Council of the City of New Hope ordains:
Section 1. Section 4.204(3) "Retail Sale, Limited" of the New Hope City Code is hereby
amended to read as follows:
ecfion 4 204(3) "Retail Sales, Limited" ~ Retail sales ~f products manufactured,
or processed ~:~.h.',~.~:~b~!~O:r~pa,~.ka'g~,~. on the
Site, provided that
the sales area not exceed thirty (30) percent of the gross floor area of the principal
building.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 10th day of December, 2001.
W. Peter Enck, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
day of ,2001.)
-1-
GORDON L. JENSEN*
STEVEN A. SONDRALL
WILLIAM C. STRAI~
STACY A. WOODS
OF COUNSEL
LOREN$ Q. BRYNESTAD
*Real Pro~r~ L~w Speclalm
Ce~ified By 'fhe
Mmn~x,a S~e Bar
~lifi~ ADR Neulrai
JENSEN & SONDRALL, P.A.
Attorneys At Law
8525 EDINBROOK CROSShNG, STE. 201
BROOKLYN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-8811 · TELEFAX (763) 493-5193
e-mail law~j ensen-sondrall.com
November 2 I, 2001
Valerie Leone
City Clerk
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Ordinance No. 01-14 Permitting Retail
Sale Of Bulk Product By Admin. Permit
In "I" Zoning District
Our File: 99.80114
Dear Val:
Per your request, enclosed is a revised Ordinance No. 01-14 An Ordinance Amending New
Hope Code 3~4.204(3) By Permitting By Administrative Permit The Retail Sale Of Bulk
Product In The Industrial Zoning District Delivered Or Repackaged For Resale At Principal
Building for consideration at the December 10, 2001 Council Meeting.
Very truly yours,
Steven A. Sondrall, City Attorney,
City of New Hope
JENSEN & SONDRALL, P.A.
After Hours Extension # i 47
Enclosure
cc: Kirk McDonald
GORDON L. JENSEN*
STEVEN A. SONDRALL
WILLIAM C. STRAIT'['
STACY A. WOODS
OF COUNSEL
LORENS Q. BRYNESTAD
*Real Property Law Sp~eiaiiat C~-tified By The
Minn~ota State Bar
~sociation
*Qualified ADR Neutral
JENSEN & SONDRALL, P.A.
Attorneys ~It Law
8525 EDINBROOK CROSSING, STE. 2P
BROOKLYN PARK, MINNESOTA 55443-1960
TELEPHONE (763) 424-8811 · TELEFAX (763) 493-5193
e-mail law~j ensen-sondrali.com
November 12,2001
Kirk McDonald
Community Development Director
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re.'
SENT BY FAX
TO: (763) 531-5136
AND BY REGULAR MAIL
Amendment to New Hope Code §4.204(3)
"Off-Sale" Liquor in the "I" Zoning District
Our File No.: 99.40110
Permitting the Retail Sale of
Dear Kirk:
Please find enclosed for consideration at the December 4, 2001, Planning Commission
metting, a proposed Ordinance Amending New Hope Code 3~4.204(3) by Permitting by
Administrative Permit the Retail Sale of Bulk Product in the Industrial Zoning District
Delivered or Repackaged for Resale at Principal Building. As you know, this'Amendment
will permit the proposed retail sale on an "off-sale" basis of alcohol in the Industrial Zoning
District to accommodate the Simon Delivers' request for an off-sale liquor license at its
current location.
Also enclosed is a copy of the Public Hearing Notice transmitted to the paper requesting a
Publication of Notice for a Public Hearing at the December 4, 2001 Planning Commission
meeting.
Please call me if you have any questions or comments regarding the enclosed Ordinance or
Notice of Public Hearing.
Very L~-uly yours,
Steven A. Sondrall, City Attorney,
City of New Hope
JENSEN & SONDRALL, P.A.
sas,,blje,,sen-sondra Il.corn
After Hours Extension #147
Enclosures
cc: Valerie Leone, City Clerk, City of New Hope (w/enc.)
CNH99.40110-001-]Grk Ltr
NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE
AMENDING NEW HOPE ZONING CODE BY
PERMITTING BY ADMINISTRATIVE PERMIT
THE RETAIL SALE OF BULK PRODUCT IN
THE INDusTRIAL ZONING DISTRICT
DELIVERED OR REPACKAGED FOR
RESALE AT pRINCIPAL BUILDING
City of New Hope, Minnesota
Notice is hereby given that the Planning Commission of the City of New Hope, Minnesota,
will meet on the 4th day of December, 2001, at 7:00 o'clock p.m., at the City Hall, 4401 Xylon
Avenue North, in said City for the purpose of holding a public hearing to consider the adoption
of an ordinance amending the New Hope Zoning Code.
Said ordinance will have the affect of amending {}4.204(3) by permitting the retail sale of
bulk products processed or delivered and then repackaged for sale in a building located in the
Industrial Zoning District by administrative permit.
Ail persons interested are invited to appear at said hearing for the purpose of being heard
with respect to the zoning code amendment.
Accommodations such as sign language interpreter or large printed
materials are available upon request at least 5 (five) working days
in advance. Please contact the City Clerk to make arrangements
(telephone 531-51 I7, TDD number 531-5109).
Dated the 13t~ day of November, 2001.
s/Valerie J. Leone
Valerie J. Leone
City Clerk
(Published in the New Hope-Golden Valley Sun-Post on the 21st day of November, 2001.
-1-
5775 Wayzata Boulevard, Suite 555, St. Louis Park. MN 5541K-~
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
Kirk McDonald
Alan Brixius
October 17, 2001
New Hope - Simon Delivers Off-Sale Liquor License
131.01 -01.10
Simon Delivers would like to obtain an off-sale liquor license for the purpose of selling
intoxicating liquor, wine and beer, along with its food delivery service in the City of New
Hope. The City Attorney has looked at this issue and documented his findings in a
September 15, 2001 letter to the City.
It appears that to obtain an off-sale liquor license, the New Hope Code and State Statutes
would require that an exclusive liquor store be established on site to allow for the issuance
of the permit. By exclusive liquor store, this would require that part of the building be
separated from the balance of the grocery sales with a separate entrance and separate
delivery service to accommodate the liquor store.
The City Attorney also indicates that it would require Simon Delivers to establish a
separate liquor store that would permit customers to actually come to the store and
purchase alcoholic beverages.
I have a chance to speak with Mr. Sondrall to determine what in the Statute requires the
provision for walk up sales. He indicated that based on his interpretation of Code, that
store would refer to an on-premise sale of merchandise. I believe that Mr. Sondrall is
accurate in his depiction of this and as such, we have to now look at what would be
permitted within the Zoning Ordinance to accommodate such a facility.
Simon Delivers' site is zoned I, Industrial, which allows for the warehousing facility that
allows for the present use. In looking at Section 4.204, Administrative Permits, provision
3 allows for retail sales of products manufactured or processed on the site provided the
sales area does not exceed 30 percent of the gross floor area of the building. This
provision would allow retail sales, however, as described, an amendment would be
necessary to address products that were not specifically manufactured or processed on
site. In conversation with Mr. Sondrall, we believe that this section could be modified to
accommodate Simon Delivers by stating: "retail sales of products manufactured,
processed, or received in bulk andpaC~(aged for redistribution, packaged on site
provided the sales area did not exceed 30 percent of the gross floor area of the
building." With this amendment, we believe an administrative permit could be approved
to accommodate Simon Delivers.
In discussion with City staff, a number of conditions that we looked at being assigned to
this approval would be the expansion of the Simon Delivers' building to include third phase
of development, adequate parking, and the establishment of an entrance for walk in liquor
sales.
Finally, in my discussion with Mr. Sondrall related to this topic, he indicated to me that the
Minnesota Liquor Control Board must approve Simon Delivers operation for off-sale
license. He indicated that beyond the zoning issues, the Liquor Control Board needs to
resolve issues pertaining to age verifications, delivery arrangements, and the segregation
of grocery and liquor sale deliveries as part of the licensing approval.
pc: Steve Sondrall
2
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416/-``
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.¢om
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
Kirk McDonald
Alan Brixius
September 14, 2001
New Hope - Simon Delivers Off-Sale Liquor License
131.01 - 01.10
Simon Delivers would like to obtain an off-sale liquor license for the purpose of selling
intoxicating liquor, wine and beer, along with its food delivery service in the City of New
Hope. The City Attorney has looked at this issue and documented his findings in a
September 15, 2001 letter to the City.
It appears that to obtain an off-sale liquor license, the New Hope Code and State Statutes
would require that an exclusive liquor store be established on site to allow for the issuance
of the permit. By exclusive liquor store, this would require that part of the building be
separated from the balance of the grocery sales with a separate entrance and separate
delivery service to accommodate the liquor store.
The City Attorney also indicates that it would require Simon Delivers to establish a
separate liquor store that would permit customers to actually come to the store and
purchase alcoholic beverages.
I have a chance to speak with Mr. Sondrall to determine what in the Statute requires the
provision for walk up sales. He indicated that based on his interpretation of Code, that
store would refer to an on-premise sale of merchandise. I believe that Mr. Sondrall is
accurate in his depiction of this and as such, we have to now look at what would be
permitted within the Zoning Ordinance to accommodate such a facility.
Simon Delivers' site is zoned I, Industrial, which allows for the warehousing facility that
allows for the present use. In looking at Section 4.204, Administrative Permits, provision
3 allows for retail sales of products manufactured or processed on the site provided the
sales area does not exceed 30 percent of the gross floor area of the building. This
provision would allow retail sales, however, as described, an amendment would be
necessary to address products that were not specifically manufactured or processed on
site. In conversation with Mr. Sondrall, we believe that this section could be modified to
accommodate Simon Delivers by stating that retail sales of products manufactured,
processed, or packaged on site provided the .sales area did not exceed 30 percent of the
gross floor area of the building. With this amendment, we believe an administrative permit
could be approved to accommodate Simon Delivers. The City must evaluate what impact
this type of amendment may have on the other I zoned properties in the City. Any
amendment should take precautions to avoid negative retail sales situations such as the
S.R. Harris site in 1983.
Additionally, in discussion with City staff, a number of conditions that we looked at being
assigned to this approval would be the expansion of the Simon Delivers' building to include
third phase of development, adequate parking, and the establishment of an entrance for
walk in liquor sales.
Finally, in my discussion with Mr. Sondrall related to this topic, he indicated to me that the
Minnesota Liquor Control Board must approve Simon Delivers operation for off-sale
license. He indicated that beyond the zoning issues, there are other issues that needed
to be resolved with the Liquor Control Board that may make the land use concerns moot.
Those being age verifications, delivery arrangements, and the segregation of grocery and
liquor sale deliveries. These being the bigger issues, Mr. Sondrall indicated that we
should probably hold on any action by the City pending the Liquor Control Board's action.
pc: Steve Sondrall
2
5/~4/2oo~
4.20 I, INDUSTRIAL DISTRICT
ose.' The purpose of the I, Industrial District is to provide for the establishment of heavy
industrial and manufacturing development use which, because of the nature of the product or
character of activity, requires isola-fi0n from residential or non-compatible commercial uses. The
I District is also intended to provide for large scale activities of a sociological nature not suited
to other districts, but reasonably compaffble with the same characteristics suitable for General
Induslrial Use.
4.202 Permitted Uses. The following are permitted uses in an I District:
4.202 (1)
4,202 (2)
4,202 (3)
4.202 (4)
4.202 (5)
4.202 (6)
4.202 (7)
4.202 (8)
4.202 (9)
4.202 (10)
4.202 (11)
4,202 (12)
4.202 (13)
Radio and Television Antenna Farm.
Research, Medical, Dental or Optical Laboratories.
Trade School/Training Schools/Specialty Schools.
Warehouses.
Essential Services.
4.203
4.203 (1)
Governmental and Public Utility Buildings and Slxuctures.
Building Materials/Appliance and Furniture Retail Sales.
Engraving, Printing and Publishing.
Wholesale Business.
Manufacturing etc. The manufacturing, compounding, assembly, packaging,
processing, Ixeatmcnt or storage of products and materials.
Automobile Maior Repair.
Office Business.
Cable TV. Limited scope production studio for franchised Cable TV company allowing
for production of community oriented cable television programming produced by and
for members of the community or commercial programming limited to presentation on
the cable system serving only New Hope and other member cities of the Northwest
Suburban Cable Communications Commission. Said use shall require all antennae
conform to height limits of Section 4.032(5). Additional antenna height may be
permitted by Conditional Use Permit pursuant to those procedures set forth and
regulated by Section 4.33. Notwithstanding Section 4.33, no Conditional Use Permit
shall be granted unless a public hearing is held and there is a f'mding that thc additional
height is technically necessary to serve the New Hope area and that this additional
height will have no adverse effect on thc area surrounding the studio.
Permitted Accessory Uses. The following are permitted accessory uses in an I District:
Accessory Building. Accessory building for commercial uses shaU not exceed thirty
(30) percent of the gross floor space of the principal building.
4 - 130
4.17-4.19
5B4/'2ool
4.166 (4) Setbacks.
Front: Local Front: Arterial or Rear Side: Interior Side: Comer: Arterial or
Sn'eet "Community ..... ..- Side Yard (b) Local Street Community
Collector Street Collector Street
(a) (a)
20 feet 20 feet 30 feet 10 feet Co) 20 feet 20 feet
(a) See Section 4.033 (6)(b) of this Code.
(b) Ten (10) foot side yard setbacks are required except a twenty (20) foot side yard setback
will be required where the lot abuts an R-1 or R-2 Zoning District.
RESERVED
5/14/2001
4.203 (2)
4.203 (3)
4.203 (4)
4.203 (5)
Parking. Off-street parking as regulated by Section 4.035.
~. Off-street l~ading as regulated by Section 4.036.
Si~s. Signs in compliance with Chapter 3.
Personal Wireless Service Antennas. Personal wireless service
conformance with Section 4.039D of this Code.
antennas in
4.203 (6)
Accessory Antennas. Accessory antennas in conformance with Section 4.032(6)(h) of
this Code.
4.203 (7)
4.203 (8)
Eating Establishments. Cafeterias, restaurants, snack bars and similar uses, provided
such uses are primarily for the use of employees in the immediate area.
Open Outdoor Storage. Open outdoor storage as a permitted accessory use provided
that:
4.203(8) (a) Accessory Us.e. The open outdoor storage must be an accessory use, as defined by
Section 4.022 of this Code, to a permitted or conditional principal use on the site.
4.~0~(8) (b)
4.203(8) (c)
Maximum St~ace. The open outdoor storage area may not exceed twenty (20)
percent of the gross floor area of principal stxueture.
Setbacks. The open outdoor storage area shall not be located within any front yard
or side yard abutting a public right-of-way. Open outdoor storage shall be set back
five (5) feet from all side and rear lot lines and shall not be located within a utility
or drainage easement.
4.203(8) (d) Surfacing. The open outdoor storage area shall be surfaced with concrete or
bituminous.
4.203(8) (e)
Fencing. A wire weave/chain link security fence shall be required around the open
outdoor storage area in conformance with Section 4.034(3)(c) of this Code. Open
outdoor storage areas intended for the exclusive storage of semi-trailers may be
exempt from the required security fencing provided the storage area is delineated
and the individual trailers are secured.
4.203(8) (f)
Screening/Landscaping. The open outdoor storage area shall be screened and
landscaped from adjacent residential uses and public rights-of-way in accordance
with the provisions of Section 4.034(3) of this Code.
4.203(8) (g)
Required Space. The open outdoor storage area shall not utilize any required off-
street parking, loading areas, or access space, as required by Section 4.035 and
4.036 of this Code.
4.203(8) (h)
Hazardous Materials. The open outdoor storage area shall not be used for storage
of hazardous liquids, solids, gases or wastes. This provision does not proba'bit the
property owner from obtaining an administrative permit for the outdoor storage of
propane or LP gas per Scction 4.204(5) of this Code.
4 - 1~1
5/14/2001
4.203(8) (i) Refuse and Upkeep. The properly owner shall keep the open outdoor storage areas
free of refuse, trash, debris, weeds, and waste fill.
4.2 4~ .Uses by Administrative Permit. ~l~he following are uses by administrative permit in the I Distxict.
(Requires an admi~i-qtrative p~-rmi~ based on the procedures set forth in and regulated by Section
4.31 and the performance standards set forth in Section 4.03 of this Code.
4.204 (1) Personal wireless antennas per Section 4.039D(2) of this Code.
4.204 (2)
Outdoor sales of seasonal produce subject to the permit requirements of Chapter 8 of
this Code.
04
(3)
Retail Sales, Limited. Retail sales of products manufactured or processed on the site,
provided that the sales area not exceed thirty (30) percent of the gross floor area of the
principal building. ~
4.204 (4)
Outdoor Sales and Display, Accessory. Open or outdoor service, sale and rental as an
accessory use provided that:
4.204(4) (a)
Area limit. Accessory outside service, sales and equipment rental connected with
a principal use is limited to thirty (30) percent of the gross floor area of the
principal use.
4.204(4) (b) Screened from Residential. Outside sales areas are fenced or screened from view
of neighboring residential uses.
4.204(4) (c) Surfacing. Sales area is surfaced with concrete or bituminous.
4.204 (5)
Outdoor Storage of Propane or LP Gas, Accessory. Outdoor storage of propane or LP
gas shall be allowed as a conditional accessory use provided it is used exclusively by
the occupant of site where it is stored for a use incidental to said occupant's business,
it is not stored for wholesale or retail sale unless specifically permitted by another
section of this Code, and the following requirements are satisfied.
4.204(5) (a)
4.204(5) (b)
Location. AH propane or LP gas outdoor storage tanks shah be located in the rear
yard not less than twenty-five (25) feet from any property boundary lines. No tanks
shall be permitted in the front yard and side yard abutting public streets.
Open Area. Storage tanks shah be surrounded by twenty-five (25) feet of open
area. Storage of any kind is prohibited in said open area, except equipment
incidental to the storage tank. Approved parking areas must be set back ten (10)
feet from any storage tank.
4.204(5) (c) Setbacks from Buildim,. Storage tanks shall be set back from existing structures,
as outlined in the Uniform Fire Code, based on tank size.
4.204(5)(d)
4.204(5) (e)
Circulation. Storage tanks shall not interfere with site circulation including, but not
limited to, parking, driveway, curb cuts and loading areas.
Fencing. A wire weave/chain link security fence shall be required around all
storage tanks. The location of the fence shall be as per the Uniform Fire Code.
5/14/2001
4.205
4.204t5) (0
4.2o4(5) (g)
4.204(5) (h)
Access. Storage sites shall be accessible by service and emergency vehicles.
Valves. All filling valves of the storage tanks shall be enclosed and have locking
devices:
Warning Simaaee. A warning sign shall be required for every tank and shall be
placed in a conspicuous location directly on the tank indicating a supplier's name,
address, phone number, that highly dangerous and flammable material is stored
therein and that no smoking requirements must be observed or a sufficient warning
to that affect. Said signage may not exceed four (4) square feet nor may it be used
for advertising purposes.
Conditional Uses, I. The following are conditional uses in an I District: (Requires a conditional
usc permit based upon procedures set forth in and regulated by Sections 4.303 and 4.33 and
performance standards set forth in Section 4.03 of this Code.
4.205 (1)
Open Outdoor Storage as a Principal or Accessory Use. Open outdoor storage as a
conditional accessory use, where the open outdoor storage area exceeds twenty (20)
percent of the gross floor area of the principal structure provided that:
4.205(1) (a)
Screening/Landscaping. The open outdoor storage area is screened and landscaped
from adjacent residential uses and public fight-of-way in compliance with Section
4.034 of this Code.
4.205(1 ) (b)
Fencing. A wire weave/chain link security fence shah be required around the open
outdoor storage area in conformance with Section 4.034(3)(c) of this Code. Open
outdoor storage areas intended for the exclusive storage of semi-trailers may be
exempt from the required security fencing provided the storage area is delineated
and the individual trailers are secured.
4.205(1 ) (c) Surfacing. The open outdoor storage area is surfaced with concrete or bituminous.
4.205(1) (d)
Setbacks. The open outdoor storage area shall notbc located within any front yard
or side yard abutting a public right-of-way. The open outdoor storage shall be set
back five (5) feet from all side and rear lot lines and shall not be located within a
utility or drainage easement.
4.20511) (e)
Required Space. The open outdoor storage area shah not utilize any required off-
street parking, loading areas, or access space, as required by Section 4.035 and
4.036 of this Code.
4.205(1 ) (f)
Hazardous Materials. Thc 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 Section 4.204(5) of this Code.
4.205(1) (g) Refuse and Upkeep. The property owner shall keep open outdoor storage areas
free of refuse, trash, debris, weeds, and waste fill.
4.205 (2)
Planned Unit Development, Industrial. Industrial planned unit development as
regulated by Section 4.34 of this Code.
133
~p & Bread
~ift Boxes
Only
3-560-4947
ings wanted
~ the coming weeks
New Hope/Golden Val-
Sun-Post will publish
resses of local homes
businesses with holi-
lights and decora-
s. This list will be
,ted each week
ugh the first week in
~ary. You may submit
,' home or business ad-
;s through mail, e-mail
t'ax. Please indicate
the submission is for
holiday lights listing
include a name and
i)hone number for ver-
. tion, which will not be
ted in the newspaper.
ttn-Post newsroom is at
) W. Broadway, Rob-
dale, MN 55422; e-mail
~unpost@mnsun.com;
~t 763-536-7519.
~ter cont.,' -
ry fOrm inside
HoP , · Gol S VAIi
Vol. 46, No. 33 November 28, 2001 75~ Newsstand
POKER
CHIP
SALE
Thru Dec. 1st
8501 Wyoming Ave. N
763-425 2214
Liquor licenses expanded in New Hope
City Council will hear
request from Simon
Delivers on Dec. 10
By Sue Webber
Sun Newspapers
New Hope city officials are
hopeful that liquor code changes
approved 4-1 by the City Coun-
cil on Nov. 19 will spur new de-
velopment.
Since 1979, the city's ordi-
nance has limited the number of
off-sale licenses to three and the
number of on-sale license to
-four. Last week, the city council
increased that number to six on-
sale and six off-sale licenses.
The council first began dis-
cussing the idea of expanding
liquor licenses in September, in
an attempt to spur new busi-
ness development in the city.
"It is staff's feeling that ex-
panding the number of on-sale li-
censes to six will allow additional
quality restaurants to locate in
several locations in the city, in-
duding the Winnetka/Bass Lake
Road, 42nd/Winnetka, and Mid-
]and Shopping Center areas; said
a memo to the council from Kirk
McDonald, Now Hope's director of
community development.
Councilmember Don Collier
cast the lone dissenting vote
last week, at~er objecting to the
number of off-sale licenses ap-
proved.
'Going from three to six is
one too many,' Collier said. 'I re-
ally would like to see more de-
mand [for licenses] there. I don't
think you build redevelopment
on the back of off-sale liquor. We
haven't had a demand there.'
The investment requirement
for an on-sale license also was
amended last week. The current
investment requirement for an
on-sale license is at least $1 mil-
lion, excluding land value. Al-'
though the city staffl~ad recom-
mended amending that amount
to $500,000, the council settled
on $750,000, including the land
value.
The council also approved
changing the fee for off-sale '3.2
beer licenses from $50 to $100,
the maximum fee allowed by the
state.
"The fee has not changed
since 1984, and the city can eas-
ily justify the increase based
upon the time the police depart-
ment spends on compliance
checks,' McDonald's memo said.
LIQUOR: To Page 17A
Community
Center opening
in GV Nov. 29
An open house celebration
marking the opening of the com-
munity center addition to Mead-
owbrook Elementary School in
C
www.mnSun.com
CrystaVRobblnedale, New Hope/Golden Valley Sun,Post~/ednesday,.l~i)v, 28, 2001. 17A,
Liquor:. Simon Delivers looking to inclUde delivery of alcoholic beverages
From Page lA
Last week's changes are expected to
clear the way for the council to consider
on Dec. 10 an earlier request from Simon
Delivers, a New Hope-based company at
3340 Winpark Drive that opened an In-
ternet delivery grocery store in the Twin
Cities area in July 2000.
Representatives from Simon Delivers
asked the New Hope City Council Sept.
10 to consider amending its ordinance to
allow an additional off-sale liquor license
so the company can include beer and
'I don't think you build redevelopment on the back of off-salo liquor.'
w Don Collier
New Hope City Council member
wine in conjunction with its grocery de-
livery business.
If New Hope doesn't grant the li-
cense, Simon Delivers will move its up-
coming expansion to a city that will
grant the license, said Chuck
Karpinske, the company's chief finan-
cial officer.
Simon Delivers is proposing to create
a separate liquor store within its opera-
tion, similar to what Byerly's has done.
Proof of age (21 years old) and a signa-
ture would be required on all home deliv-
eries of alcoholic beverages, and a person
wold need to be present to accept the de-
livery.
Trucks would be locked at each stop,
company officials said.
If Simon Delivers' request were grant-
ed, New Hope's zoning code would have to
be amended. The city's current zoning
code does not allow retail liquor stores in
an I-1 (industrial) zoning district. It only
allows 10 percent limited retail sales in
an industrial district if the product is
processed on site.
COUNCIL
REQUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
Community Development 9-10-01 Petitions & Requests
Item No.
By: Kirk McDonald B,/:
PRESENTATION BY SIMON DELIVERS REQUESTING CONSIDERATION FOR ORDINANCE
AMENDMENT TO ALLOW FOR AN ADDITIONAL "OFF SALE" LIQUOR LICENSE
REQUESTED ACTION
Simon Delivers, 3440 Winpark Drive, has contacted city officials regarding the potential to apply for an "off-
sale" liquor license to allow delivery and sale of beer and wine in conjunction with their grocery delivery
business. They will be making a presentation to the City Council regarding this request.
POLICY/PAST PRACTICE
The Current New Hope liquor ordinance limits the number of "off-sale" licenses in the City to three and those
licenses are currently issued. An ordinance amendment would be necessary to create a fourth license.
BACKGROUND
Please refer to the attached presentation information provided to the City by Simon Delivers. Representatives
from the company will be present to discuss this issue with the City Council and answer questions.
The City Attorney has prepared the attached correspondence on this issue for your review.
No particular action is being requested of the City Council at this time, as this is considered an initial
~resentation of the request and issues only.
ATTACHMENTS
· Simon Delivers Information
· September 5 Correspondence from City Attorney
MOTION BY SECOND BY
TO:
JENSEN & S0~DRALL, PA ~]002;008
09/05/01 15:33 FAX 7634935193
STAY A. W001~S
O1. COONSnL
Lop.~s (2- BRYn~-r~o
JENSEN & SONDRAI,L, P.A.
Attorneys At Law /"'
8525 Emn-saoox CROSSING, S'r£, ~01
BR~ ~ M~OTA &~3-1968
TgL~HO~ ~) 4~811 m T~ ~) 49~193
Sep~nnber 5, 2001
Kirk McDonald
Community Developmen~ Director
City of New Hope
4401 Xylon Avenue North
New Hope, ~ 55428
SENT BY FAX
TO: (763) 531-.5136
AND BY REGULAR MAIL
Request by Simon Delivers for "Off Sale" Liquor License
Our File No.: 99.40108
Dear Kirk:
This letter is in follow up to our telephone conversation regard/rig Simon Deliver's request
for an "offsale" liquor license. The purpose of the license is to deliver intoxicating liquor,
wine and be~r along with its food delivery service in the City of New Hope.
This request is regulated by New Hone Code Chapter 10, Minn. Stat Chapter 340A and
~ Chapter 7515. The request will require an ordinance amendment to New
~ Section 10.412. This section limits the number of"off sale" licenses in the City
to three, h is my recollection that all three licenses have been issued. Therefore, a fourth
license would need to be created for this request
Also, it would appear Simon Delivers would not be able to deliver alcoholic beverages
along v~th its regular grocery delivery service. ~ Section 10.4 t8 indicates
"off sale*' liquor licenses shnl! be issued only to exclusive liquor stores. An ex~lnsive
liquor store is defined by both ~ Section 10.025 and _l.l.~t. Section
340.A 101 (10) as an establtehmentused exclusively for the sale of intoxicating liquor, except
for the incidental sale of ice, teba~co, rtoa-intoxicaling malt liquor, and things of like nature.
In other words, a gen~ml food store, as defined by ~. Section 340A. 101(12)
enga~.ed primarily in the business ofselling food and grocery products to the public for off-
premises consumption, would not be allowed to make "off sale" sales of alcoholic
beverages. This is probably why Byerly's stores, as an example, are clearly separated for
the "offsale" sale of alcoholic beverages and other grocery items.
Therefore, if Simon Delivers is serious about thc sale and delivery over the interact of
alcoholic beverages, it will need to establish two separate stores, much like the Byerly's
situation, and keep separate its delivery of grocery products and alcoholic beverage
products. It will also require Simon Delivers to establish a retail hquor store that would
permit customers to actually come into a store for purchase of alcoholic beverages. The
City Manager mentioned Simon Delivers may propose only a drive-up service window for
in-person sales. This would not be allowed by Minnes ta Rules Section 7515.0570. This
rule specifically states, °Ho alcoholic beverages shall be sold through any op~ing or
09/05/01 15:34 FAX 7534935193 JENS~ & SONDRALL, PA ~00~;003
September 5, 2001
Page 2
windowto any persons outside of the licensed premiSes.'' An au-mai store cater~g to walk-in customers will
be required.
The "offsale" license will also be subject to State approval per Minnesota Rules Seetiou 7515.0440. ! have
spoken with the Mimaesota Liquor Control Board rega~dhag the Simon Deliver's proposal. The position !
have expressed i~ this letter is consistent with their opinion as well. Therefore, we probably should not take
may a~tion ~m ~ matter until we hear from the Liquor ComroI Board that it will approve Simon Dcliver's
operation fo~ aa "offsale" Iieense.
W/th the foregoing considerations ha m/nd, it is my opinion S/mon Delivers could obtain aa "off sale" liquor
license. It would require the City to amend our liquor code to provide for four '~off sale" liquor licenses.
Sknon Delivers would need a separate store for liquor sales to walk-in customers and keepe delivery of
grocery products separate from the delivery of alcoholic beverage products.
Please co~aet me if you have any questions or comments regarding this issue.
Very truly yours,
Steven A. o~ndrali.
City of New Hope
J~S~N & So~I.L.P.A.
A~e~ HZur~ '.~c~e~oa #147
CityAttomey,
cc;
Dan Donabue, City Manager, City of New Hope
Valerie Leone, City Clerk, City of New Hope
P~esentation to City of Hew Hope
August 2001
B ckground
· 5imonbelivers.com, Inc.
· Fast-growing Intcrnct delivery grocery store
· 46,000 customers in Twin Cities or~o
· Currently cover 90% of thc $~vcn-county metro
or~o
· Potential to deliver to major outstot~ cities
(St. Cloud, Rochester, etc.)
· Employs approximately 600 p~opl¢
· b¢$ircs to retain cor~ operations in New Idop~
os w~ grow (likely expansion within n~xt 12
months)
About 5imonD¢livcrs.com
· Simplifying the lives of busy fomilics
· Steady ond con$¢rvotiv¢ growth of
business despite (dot.corn) foilup¢s
· $70 million revenue run
· Committed to fomily volu¢$
· Committed to meeting thc needs of our
customers ond to be o I¢odcp in
communities we serve
$imonb¢livers.com p ys
ettention to its customers
· 5olicits informotion ~¢9o~din9 p~oducts
desired by customers
· Beer ond wine ore the most frequently
requested products to be includes os o
port of Simonbelivevs.com'$ business
· belivery of beer and wine not new
· Similov to Hoskell'$ & Suvdyk'$
· This would require thc gronting of o
"liquor license" by th~ City of N~w Hope
Regulatory Compliance
· Strictest complia.nce of all m.unicipality and
state laws regard,rig sole of I,quor
· High security (camera)in liquor store
· Proof of age (21 years old even though State Iow is
19) & signature required on oil deliveries
· Website will only allow customers who are attended
delivery and are in the appropriate time window to
put alcohol in their "shopping cart"
· Employee training in all phases of business
· Trucks will be locked at each stop
· Absolutely zero sale of tobacco products
despite regulatory ability to do so
Regulatory Compliance (con .)
· Emphasis on beer end wine soles which
match customer requests
· Very limited "retail" in-person soles
· State requirements only
· Committed to no advertising
· Minimal "state mandated"
open hours
· Ci
ty can do compliance checks by:
Ordering product and having on underage person try
accept or delivery after hours
and
Stop 5imonbelivers van to see if they hove signatures of
the people they delivered to or check the person's age
that they are delivering to
Benefits
· Ability to expand 5imonbeliveps.com's
business
· Ability to m¢~t consumer requests for
odditionol products ond services
· Minimol competition with othe~ licensed
liquor retoile~s in New Hope
Memorandum
To:
From:
Date:
Subject:
Planning Commission Members
Kirk McDonald, Director of Community Development
November 30, 2001
Miscellaneous Issues
NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with
additional detail on CouncilIEDA/HRA actions on Community Development related issues or
other City projects. It is not required reading and is optional information provided for your
review, at your discretion.
1. November 13 Council Meeting - At the November 13 Council meeting, the Council took action
on the following planning/development/housing issues:
Project #692, Public Hearing, Resolution Adoptin.q Assessment for 60~ Street
Extension, Draina.qe and Watermain Proiect: Approved, see attached Council request.
Project #678, Public Hearin.q, Resolution Approvin.q Sale to Northwest Community
Revitalization Corporation for 4864 Flaq Avenue: Approved, see attached Council request.
· PC99-27, Resolution Approving Request for an Additional Extension of Concept StaRe
Planned Unit Development Approval for a Third Buildinq on an Existinq Lot and CUP
Approval for a Commercial Recreation Use for the Mosaic Youth Center, 7601 42nd
Avenue: Approved, see attached Council request. Granted an 18-month extension to June
13, 2003.
· Proiect #699, Resolution Approvin.q Plans and Specifications and Advertisement for
Bids for Rehabilitation of Home at 7901 49th Avenue: Approved, see attached Council
request.
· Project #685, Motion to Allow Staff to Seek Proposals from Desiqn Firms for the Design
of an Accessible Twinhome at 7105 62"~ Avenue: Approved, see attached Council request.
· Ordinance #01-08, An Ordinance Amendinq the New Hope City Code by Establishin.q
Administrative Permit Fees: Adopted, as recommended by the Planning Commission.
· Ordinance #01-09, An Ordinance Amendinq the Votin.q Requirements for Zoninq Code
Text or District Changes: Adopted, as recommended by the Planning Commission.
· Ordinance #01-10, An Ordinance Amending the New Hope Si.qn Code Regulating
Accessory Si.qna.qe in the R-B, L-B, C-B, and I Zoninq Districts: Adopted, as
recommended by the Planning Commission.
· Ordinance #01-11, An Ordinance Amending Chapter 4.039D of the New Hope City Code
Regulating Personal Wireless Service Antennas and Towers: Adopted, as recommended
by the Planning Commission.
2. November 26 Council/EDA Meetings - At the November 26 Council/EDA meetings, the
Council/EDA took action on the following planning/development/housing issues:
· Proiect #678, Motion Approving Final Payment to Fair's Nursery and Landscal~inq in
the Amount of $7,552.50 for Landscaping at City-Owned Property Located at 4864 Flail
Avenue: Approved for payment, see attached Council request.
· Proiect #705 and #685, Motion Approvin,q Final Payment to Kevitt Excavating Inc. in the
Amount of $37,111.50 for the Site Cleanup at City-Owned Properties in the Winnetka~
Bass Lake Road, and Sumter Area and at 7105 62"d Avenue: Approved for payment, sec
attached Council request.
· Proiect #707, Discussion Regarding Redevelopment/Rehabilitation Proiect at 7610 Bass
Lake Road: EDA directed staff to prepare a resolution authorizing condemnation and
acquisition of appraisal, see attached Council request.
3. Codes & Standards Committee - Codes & Standards met in November to discuss the following
items, which will be considered at the November Planning Commission meeting.
· Mini-storage in an I District
· Body piercing
The mini-storage code amendment will be discussed at the December Planning Commission
meeting.
An amendment to the Zoning Code to address body piercing will be discussed in January, if other
applications are received.
4. Design & Review Committee - Design & Review met in November to review plans for the mini-
storage facility. The application deadline for the January Planning Commission meeting is
December 7, and staff will notify the committee and other commissioners about the status of
applications after that date. Staff is not aware of any applications at this time.
5. Livable Communities Grant - The fourth meeting of the task force was held on November 15.
The discussion focused on the concept plans for the Hosterman site and visioning for the site
west of the golf course. The next meeting is scheduled for December 6. Enclosed are the meeting
notes from the November 15 meeting and a recent project bulletin.
6. Council Minutes - Minutes from the November 13 meetings are enclosed for your information.
7. Commission Re-Appointments - The terms for Commissioners Brauch, Green and Svendsen
expire on December 31. Larry and Steve have elected to remain on the Planning Commission for
another three-year term, which will expire on December 31, 2004. A letter of resignation from the
Planning Commission was received from Patsy so she can devote more of her attention to her
position with the School Board. The Council will formally accept Green's resignation at the
December 10 Council meeting (effective December 31) and the City will advertise to fill the
position on the Commission.
8. 2002 Planninq Commission Schedule - Enclosed is the final 2002 Planning Commission
schedule. Months with dates other than the first Tuesday are: January 8 (second Tuesday), July 9
(second Tuesday), August 7 (first Wednesday), and November 6 (first Wednesday).
9. Officer Elections - Election of Planning Commission officers for 2002 will be conducted at the
first meeting held in 2002.
10.
11.
January meetinq - At this time staff is not anticipating any applications for the January Planning
Commission meeting, unless an application is submitted next week. The only item that staff would
have for consideration is the body-piercing ordinance, and staff does not feel it necessary to have
a meeting for that one item. Therefore, if no applications are received, staff will be recommending
that the January Planning Commission meeting be cancelled.
Future Applications - Future applications or businesses that
include:
·
·
·
·
·
6. If you have
staff is currently working with
Olson Construction expansion
Charter school at former Prudential building
Body piercing ordinance
Navarre expansion
7610 Bass Lake Road garages
any questions on any of these items, please feel free to contact city staff.
Attachments:
60~ Street Extension Drainage Project
4864 Flag sale to CHDO
Mosaic Youth Center
7901 49th Avenue
7105 62nd Avenue
4864 Flag landscaping final payment
City-owned properties site cleanup final payment
7610 Bass Lake Road
Livable Communities Task Force Notes
Council Minutes
2002 Planning Commission Schedule
COUNC~
REQUEST FOR ACTION
~ Agenda Section
Originating Department Approved for Agenda
Community Development 11-13-01 Public Hearing
Item No.
By: Kirk McDonald By:
PUBLIC HEARING: RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT PROJECT NO. 692
(60TM STREET EXTENSION, DRAINAGE AND WATERMAIN PROJECT)
REQUESTED ACTION
This is the public hearing to consider the adoption of the assessments for the Hidden Park Condo
~mprovements, including the street/easement extension and drainage improvements. The Condo Association
petitioned the City for the improvements. The enclosed resolution adopts the assessments for the
improvements and staff recommends approval of the resolution.
POLICY/PAST PRACTICE
In the past, the City has completed projects involving public and private improvements if there is an
assessment agreement in place with property owners agreeing to pay the cost of the private improvements.
When the project is completed, it is routine procedure to schedule a public hearing and assess the final project
costs against the benefiting property owners.
BACKGROUND
The Hidden Park Condo Association petitioned the City for this improvement. At the February 12, 2001,
Council meeting, the City Council approved plans and specifications for this project and authorized staff to
seek bids. Bids were opened, reviewed by the Association, and the City Council awarded the contract for the
work at the April 9 Council meeting to Don Zappa & Son Excavating, the Iow bidder, with a base bid of
$81,720.55. The construction work was undertaken this summer, has been completed, and final payment
made to the contractor.
Per the City Engineer's correspondence, the improvements included the construction of storm sewer, water
main, curb and gutter and the reconstruction of the private drive. Xcel Energy still has to complete some
lighting improvements, however, this is outside the City's project contract.
(Cont.)
MOTION BY SECOND BY
TO:
Request for Action
The total project costs are as follows:
Driveway and storm sewer construction
Watermain construction
Indirect costs
TOTAL PROJECT COSTS
Page 2
$56,707.15
21,994.90
24,563.83
$103,265.87
11-13-01
The previously approved assessment agreement calls for all work except the water main improvements to be
assessed to the Hidden Park Condos. The total costs can be divided as follows:
City Costs:
Watermain construction
Indirect costs
Total City Cost
$21,994.90
5,486.22
$27,431.12
Hidden Park Condo Costs:
Driveway and storm sewer construction
Indirect costs
Total Hidden Park Condo Cost to be assessed
$56,707.15
19,077.60
$75,784.75
The Indirect Costs to Hidden Park Condos include 25% of the construction total ($14,176.79) and $4,900.81 in
rebidding costs.
The costs identified in the assessment agreement are slightly higher than the actual costs. Consequently, the
levied assessment will be lower than the assessment estimated in the agreement:
Item
Driveway and Storm Sewer Construction
Street Light Modifications
Cost Identified in the
Assessment Agreement
$62,061.75
$2,550.00
Final Pr~ect Coststo be
Assessed
$56,707.15
$0.00
Indirect Costs $15,538.25 $19,077.60 *
Total Coststo Hidden Park Condos $80,150.00 $75,784.75
*Indirect costs include costs for rebidding
A direct project cost will not be incurred for the lighting modifications. Xcel Energy will make the required
modifications. The typical monthly lighting billings cover the cost of the modifications. The City Engineer
recommends assessing the total cost of 75,784.75 equally to the 68 units in the Hidden park Condos
($1,114.48 per unit).
At the October 8 Council meeting, the City Council approved a Resolution Declaring Cost to be Assessed and
Calling for a Public Hearing on Proposed Assessment. The attached notices were mailed to all property
owners within the Association being assessed. The City Attorney has prepared the enclosed Resolution
Adopting Assessment. The term of the assessments will be ten (10) years and the first installment shall be
collected with taxes in the year 2002. The interest rate is established at 7.0 percent. Property owners can pay
the assessment in full 30 days after the adoption of the resolution by the Council with no interest payment.
After that time, property owners can pay off the assessment at any time during the 10-year period, less the
current year's installment.
Staff recommends approval of the resolution.
AVE N
KENTUCI~
AVE
JEESEY
LOUISIANA AVE
m
m
m
I IIIWlII~IIIWlIIWlIIWlII
J t
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
To:
Kirk McDonald, Steve Sondrall
From:
Vince Vander Top
cc: Mark Hanson
Subject:
60th Street Extension/6003 West Broadway
Assessment Information
Our File No. 34-00-12 !
Date: October 22, 2001
All work associated with the 60th Street Extension/Private Driveway contract is complete. The
improvements included the construction of storm sewer, water main, curb and gutter and the
reconstruction of the private drive. Excel Energy still has to complete some lighting
improvements, however, this is outside the City's project contract.
The total project costs are as follows:
Driveway and storm sewer construction
Watermain construction
Indirect Costs
$ 56,707.15
$ 21,994.90
$ 24,563.83
Total Project Costs
$103,265.87
The previously approved assessment agreement calls for all work except the water main
improvements to be assessed to the Hidden Park Condos. The total costs can be divided as
follows:
City Costs:
Watermain Construction
Indirect Costs
$ 21,994.90
$ 5,486.22
Total City Cost
Hidden Park Condo Costs:
Driveway and storm sewer construction
Indirect Costs
$ 56,707.15
$ 19,077.60
Total Hidden Park Condo Cost to be assessed $ 75,784.75
The Indirect Costs to Hidden Park Condos include 25% of the construction total ($14,176.79)
and $4,900.81 in rebidding costs.
2335 ~{/est Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311
The costs identified in the assessment agreement are slightly higher than the actual costs.
Consequently, the levied assessment will be lower than the assessment estimated in the
agreement:
Item Cost Identified in the Final Project Costs to be
Assessment Agreement Assessed
Driveway and Storm $62,061.75 $56,707.15
Sewer Construction
Street Light Modifications $2,550.00 $0.00
Indirect Costs $15,538.25 $19,077.60'
Total Costs to Hidden $80,150.00 $75,784.75
Park Condos
~ Indirect costs include costs for rebidding
A direct project cost will not be incurred for the lighting modifications. Excel Energy will make
the required modifications. The typical monthly lighting billings cover the cost of the
modifications.
In summary, we recommend assessing the total cost of $75,784.75 equally to the 68 units in
Hidden Park Condos ($1,114.48 per unit).
Please contact me at 651-604-4790 with questions.
COUNC/I.
REQUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
Community Development 11-13-01 Public Hearing
By: Ken Doresky, Community ~ Item No.
Development Specialist By: 7.3
PUBLIC HEARING: RESOLUTION APPROVING SALE TO NOR'I'WEST COMMUNITY REVITALIZATION
CORPORATION OF 4864 FLAG AVENUE NORTH (IMPROVEMENT PROJECT NO 678)
ACTION REQUESTED
This is a public hearing to consider the attached resolution approving the sale of 4864 Flag Avenue North to
the Northwest Communities Revitalization Corporation (NCRC), Community Housing Development
Organization (CHDO) for $1.00.
POLICY/PAST PRACTICE
City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties within
the City. The City Council has been addressing the residential portion of this goal through the City's many
housing activities, including partnering with different agencies and organizations on housing projects. At times,
third party development agreements and property transfers are necessary for obtaining project funding.
BACKGROUND
On March 26, 2001 the Council approved a development contract and sale of 4864 Flag Avenue North to the
NCRC CHDO. In order to utilize Community Development Block Grant (CDBG) funding for the installation of
pilings, the City was required to transfer ownership of the property to a third party entity. The NCRC CHDO
agreed to act as this third party entity in the development agreement. Also, Hennepin County agreed that this
scenario would fulfill the necessary requirements to obtain the CDBG funds in question.
It has been determined by the City Attorney that the sale of this property to the NCRC CHDO required a public
hearing that was not held when the Council initially approved the sale and development agreement on March
26, 2001. State law requires that a public hearing be held for the sale of public property. Therefore,
~rocedurally it is necessary to hold this public hearing.
Currently, staff is accepting purchase applications for the home and is expecting to complete the sale to a
qualified family under the City's Scattered Site Housing Program shortly. Due to the fact that the NCRC CHDO
will be the official seller of the real estate at 4864 Flag Avenue North, a public hearing will not be required for
this third party sale. Once a purchase application is accepted, staff will present the information to the Council
at a future Council meetin~l.
MOTION BY
, SECOND BY
TO:
Request for Action
~taff recommends approval of this resolution.
Page 2
11-13-01
FUNDING
CDBG funds were used to pay for land acquisition, piling installation and predevelopment work. HOME funds
are available from the CHDO for a development grant and down payment assistance that will be secured in a
second mortgage. The majodty of City EDA dollars in the project will be secured through a third mortgage.
The proceeds from the sale of the home will be used to fund the construction.
A'n'ACHMENTS
· Resolution
· Location Map
· City Attorney Correspondence, 11/07/01
· Public Hearing Notice
· City Attorney Correspondence, 03/21/01
· Development Agreement
· Memorandum of Understanding
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COUNCIL
z uzsa-
~ ~ Agenda Section
Originating Department Approved for Agenda
Community Development 11/13/01 8.1
Item No.
Kirk McDonald
By: and Erin See. man B~,:
RESOLUTION APPROVING REQUEST FOR AN ADDITIONAL EXTENSION OF CONCEPT STAGE
PLANNED UNIT DEVELOPMENT APPROVAL FOR A THIRD BUILDING ON AN EXISTING LOT AND
CONDITIONAL USE PERMIT APPROVAL FOR A COMMERCIAL RECREATION USE FOR THE MOSAIC
YOUTH CENTER, 7601 42ND AVENUE NORTH, YMCA OF METROPOLITAN MINNEAPOLIS AND
ROBBINSDALE AREA REDESIGN, PETITIONERS (PLANNING CASE 99-27).
REQUESTED ACTION
Staff is recommending approval of an additional extension to the Concept Stage Planned Unit Development
and Conditional Use Permit approval granted to the Mosaic Youth Center by the City Council on November 27
2000. Staff is recommending that an 18-month extension be issued for submission of a Development Stage
Planned Unit Development application. The current application expires on December 13, 2001, and the 18-
month extension would extend the application to June 13, 2003. A representative from the Mosaic Youth
Center will be present at the meeting to update the Council on the status of this project.
POLICY/PAST PRACTICE
The City Council, in the past, has issued extensions for special zoning procedures based on a written request
by the petitioners.
BACKGROUND
On March 13, 2000, the City Council passed a resolution granting Concept Stage Planned Unit Development
approval for the construction of the Mosaic Youth Center on the south portion of the YMCA property at 7601
42nd Avenue. The proposed Mosaic Youth Center is a three-stow building containing three youth service
organizations and a youth activity center. Since the Concept Stage approval was granted, the collaboration
has been working to complete the steps necessary to submit a Development Stage application. The Mosaic
has completed a site survey, soil studies, feasibility study, and an integrated services plan in the past eighteen-
months.
The Zoning Code allows petitioners nine months to submit a Development Stage application following Concept
Stage approval. According to this requirement, the Mosaic Youth Center had until December 13, 2000, to
submit a Development Stage application. On November 13, 2000, the City received a request from the
petitioners to extend the deadline for nine additional months.
(Continued)
MOTION BY SI~COND BY
TO:
Request for Action Page 2 11-13-0~-'''
A one-year extension was granted by the City Council on November 27, 2000. The Mosaic Youth Center
collaboration is currently in the fundraising p~ocess,, and the petitioners believe they will be prepared to
submit development stage plans by late fall 2002. The current Concept Stage PUD will expire on December
13, 2001. On November 2, 2001, the City received a request from the petitioners to extend the deadline for
eighteen additional months
In order to ensure the petitioners ample time to submit Development Stage plans, staff is recommending the
City grant the 18-month extension to the Concept Stage PUD approval. The 18-month extension would
require the Mosaic Youth Center to submit a Development Stage application by June 13, 2003. The attached
resolution approves the request and staff recommends approval of the resolution.
ATTACHMENTS · Resolution
· 11/02/01 Correspondence from petitioners requesting another extension
· Mosaic Youth Center Capital Campaign Committed Funds
· Mosaic Youth Center Use of Capital Funds
· Campaign Planning Overview Information
· 11/27/00 Resolution
· 3/13/00 Resolution
MOSAIC YOUTH CENTER
USE OF CAPITAL FUNDS
A. Development Costs
Architects and other professional fees for design
and development (excluding construction phase costs)
Outside counsel to work with Mosaic in planning,
technical support and development program design
Sub Total:
5249.607
1 O5.84O
355,447
B. Construction Costs
25,511 sq. ft. ~ $150 per sq. ft.
C. Contineencv
3,826,650
317,903
Total Capital Campaign Funds Needed:
$4,500.000
D. Land Allocation
The land will be allocated by the YMCA. There will
be no costs incurred for demolition or environmental
work to prepare the land. Utilities are included in the
overall cost of construction.
TOTAL CAPITAL COSTS
425,000
$4,925,000
ENDOWMENT (Phase II)
An endowment, to be raised through planned gifts
and other gifts bom individuals, will help to provide
funds for maintenance and upkeep of the facility.
$1,000,000
MOSAIC YOUTH CENTER
MOSAIC YOUTH CENTER CAPITAL CAMPAIGN
COMMITTED FUNDS
Cash and Firm Pledges:
Robbinsdale Area Redesign (year one of five-year commitment)
Fairview (bridge funding, one-year commitment)
McKnight Foundation (planning grant)
Individual and Board of Directors contribmions
Youth Fundmisers
Crystal, Robbinsdale, New Hope Rotary Club
Mosaic Youth Center Board & Search Institute Book Proceeds
Twin West Chamber of Commerce
Medtronic (match to employee gilt)
Kiwanis of North Hennepin
Xcel Energy
Crystal Frolics
New Hope Lions Club
Subtotal:
In-kind Capital Donations:
Land donated by YMCA of Metropolitan Minneapolis
Architect donated time (Keith Sjoquist)
Bidding costs (McGough Construction)
Subtotal capital in-kind donations
Other In-kind Donations:
Business plan consulting (Howard Schwartz)
Tom Honor[, T.L. Honon & Sons Contractors
Project managemem (Brad Brown)
Assistance with financial pro forma (SAFCO)
Assistance with communications plan & brochure (LDI)
Catering for evems (Chef Tiny Eckman)
Subtotal other in-kind donations
$250.000
$200.000
$ 35.000
$ 10.618
$ 2.710
$ 3.189
$ 1.700
$ 1.500
$ 1.000
$ 1.000
$ 500
$ 500
$ 350
$508.076
$425.000
$ 4.000
TBD
$429,000
$ 1.000
$ 1.500
$ 15.000
$ 4.000
$ 2.500
$ 2,000
$ 26.000
Grand Total of Funding Secured:
$963,076
HBH ASSOCIATES LLC
1 I/2/01
COUNCIL
] REi UEST FOR ACTION
~ ~ Agenda Section
Originating Department Approved for Agenda
Community Development 11-13-01 Development & Planning
Item No.
By: Ken Doresky, Community
Development Specialist By:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS FOR
REHABILITATION OF HOME AT 7901 49TH AVENUE NORTH (IMPROVEMENT PROJECT NO. 699)
ACTION REQUESTED
Staff is requesting Council approval of a resolution approving plans and specifications and advertisement for
bids for the total rehabilitation of a City-owned single-family home at 7901 49th Avenue North.
POLICY/PAST PRACTICE
For projects where bids are expected to exceed $50,000, City staff seeks closed bids from which the lowest
responsible bid is brought back to the Council for consideration.
BACKGROUND
On July 23, 2001, the Council approved a motion for staff to proceed with a written offer to purchase the
property located at 7901 49th Avenue North for its appraised value of $99,000. In August 2001, staff
completed the purchase of this home. During the fall months, staff has developed rehabilitation specifications
for the home. Staff has estimated that rehab costs will be approximately $60,000.00. Rehabilitation
specifications include, but are not limited to, the following items:
· Remediation of asbestos and lead per environmental hazards survey;
· Roof replacement;
· Gutter removal - replaced with rain diverters;
· Siding replacement - including house wrap;
· Window repair and aluminum wrap on extedor window frames (window sashes to be painted);
· Removal of dining room window - replaced with sliding glass patio door;
· Addition of 6' x 6' deck accessing sliding glass patio door;
· Extedor doors, garage service door and garage overhead door replacement;
· Interior doors replaced as needed;
· Driveway and walkway (from driveway to front door) replacement;
· Gut basement - all walls and finish materials removed (less structural supports);
MOTION BY SECOND BY
TO:
Request for Action Page 2 11-13-01
· Installation of two-wide casement egress window in basement;
· Attic insulation, minimum R-44; ,
· Existing furnace system are to be removed, replaced with 90% efficiency forced air furnace;
· Bathroom remodel - new tub enclosure, tile floor, sink, vanity, mirror and stool;
· All cabinets to be repaired and refinished; .-
· Repair and replacement of intedor millwork;
· Repair and painting of all intedor walls and ceilings;
· Replacement of all lighting fixtures;
· Correction of any electrical deficiencies;
· Correction of any plumbing deficiencies;
· All plumbing fixtures are to be replaced;
· Wood floor refinishing in bedrooms;
· Carpet installation in hallway and living room;
· Vinyl installation in kitchen and dining area;
· Tile installation in front entryway;
· Appliance replacement - Refrigerator, range, range hood, disposal dishwasher and washer and dryer;
· Installation of drain tile system, including sump pump
Options
· Central air conditioning
· Roof sheathing, as needed replacement
Landscaping of the property will take place separately from the house rehabilitation. Staff expects to develop
a landscape plan and present the plan to the Council during the winter months. Landscaping is planned to
occur in April 2002. Many of the current plantings will remain on site. Due to the small back yard close
proximity to Winnetka, staff will be proposing the addition of a chain link, plastic coated fence for the rear yard.
The fence will be proposed as a component of the landscape plan.
The property is located at the southwest comer of 49th and Winnetka Avenues North. The property measures
10,597 square feet and has a lot width of 80 feet and a lot depth of 132 feet (see attached survey). The house
is a one-story ranch with 1,092 sq. ft. of above grade living area and an additional 710 sq. ft. finished area in
the basement. The home was constructed in 1967.
Staff will be coordinating with the Northwest Community Revitalization Corporation (NCRC), Community
Housing Development Organization (CHDO) on this rehabilitation. HOME funds obtained through the NCRC
are available for this project in the amount of $26,405.00. After rehabilitation is completed, the City will sell the
home to a Scattered Site Housing Program qualifying first-time homebuyer. NCRC HOME funding in the form
of down payment assistance will be secured through a second mortgage.
Staff has scheduled a pre-bid site meeting for November 19, 2001. Sealed rehabilitation bids are due into City
offices by December 14 at 11:00 a.m., a bid opening will be held at that time. Once the bids are received, staff
will bring the bids back to the Council at the January 14, 2002 meeting to consider the contract award.
Staff recommends approval of this resolution.
FUNDING
The City has approximately $75,000 available from CDBG for the acquisition and rehab of this property. Due
to the fact that these CDBG funds are being utilized for a rehab homeownership project, the CDBG portion of
the sale proceeds can be realiocated to other City CDBG projects as program income.
EDA funding $88,886.00 will be necessary to supplement CDBG funding for this project. Any EDA funds used
will be repaid with the sale of the home. In the summer of 2001, the City in conjunction with the NCRC,
Request for Action Page 3 11-13-01
submitted a funding request to the Minnesota Housing Finance Agency (MHFA) in the amount of $25,000 to
~educe any needed EDA funds. This grant was not funded. Staff intends to continue seeking additional funding
sources for each Scattered Site housing project.
The purchase price on the budget is a staff estimate.. Once plans and specifications are completed for the
project, staff will hire an appraiser to determine-the appraised value. Staff will then present the appraisal to
the Council for approval as the sales price.
HOME funding in the amount of $26,405.00 has been allocated to this project. Please see the attached
budget.
A'i-I'ACHMENTS
· Resolution
· Location Map
· Advertisement for Bids
· Plans and Specifications
· Floor Plan
· Budget
2 Car Garage
20.0'
ARE~ C. KLCUI,.ATIONS SUMMARY
T(~TAi. L.N~ I~) 10~2
LIVING AREA BRF. AKDOWN
SPECIFICATIONS FOR HOUSE REHABILITATION
AT 7901 49TH AVENUE NORTH'
The City of New Hope is seeking bids for the follOWing repairs 'needed on the City-owned house
at 7901 49th Avenue North. Please contact Ken Doresky, Community Development Specialist,
at 763-531-5137 for access to the home and/or specific information regarding the repairs.
GENERAL INFORMATION
1. A separate contract will be developed for landscaping and grading of the property.
2. Lead paint and asbestos hazards identified in environmental must be disposed of per the
requirements of the U.S. Department of Housing and Urban Development.
MINNESOTA STATUTES 144.9501-9509 REQUIRE ANY CONTRACTOR WHO ABATES
LEAD-BASED PAINT TO HAVE A MINNESOTA LEAD ABATEMENT LICENSE. EACH
MEMBER OF THE WORK CREW MUST BE A LICENSED LEAD WORKER. LEAD
ABATEMENT LICENSES ARE ISSUED BY THE MINNESOTA DEPARTMENT OF HEALTH
(651-215-0890).
Minnesota Rules, Chapters 4671, require that a licensed lead supervisor must notify the
Minnesota Department of Health (MDH) by mail or fax at least five working days before
starting any regulated lead work. A property owner who intends to perform lead hazard
reduction must notify MDH by mail or fax at least ten working days before starting regulated
lead work.
3. General contractor to supply and maintain heat on site as needed through completion of
project.
4. Site must remain secure at all times.
5. All contractors shall have a State Residential Contractor's License.
6. Contractors/subcontractors will submit evidence of insurance coverage. Specific
requirements included in sample contract.
7. Contractor shall obtain all required permits, inspections and related contracts. Twenty-four
hour notice is required for scheduling of all City inspections. City permit fees will be waived
other than the required Minnesota State Surcharge. State electrical permits fees cannot be
waived. Contractor shall include in bid all other fees and charges including State
surcharges.
8. Equipment and materials must be installed according to State codes and manufacturers
specifications and must perform the intended function. Please contact the New Hope
Building Official or General Inspector for all questions regarding building codes.
9. Materials, patterns and colors to be approved by City. When it is required to remove or
replace an item, the replacement item should be equal in quality, size and function to the
replaced item as specified or determined by City staff. Equal substitutions will be
determined and approved by City staff.
10. Any materials which differ from those specified below are to be approved by City
Community Development Specialist. A list of alternate materials must be submitted in
writing with Bid.
11. The City reserves the right to delete any portion of the work listed below without affecting
the quoted costs of the remaining work, before or during the construction, due to budgetary
concerns.
12. Contractor to provide all transferable warranties to the City and future buyer.
13. The City reserves the right to reject all bids. '
2
Environmental Abatement - per enclosed specs
1. Follow attached Airtech Environmental survet pertaining'to the removal of
asbestos.
2. Follow U.S. Department of Housing and Urban Development regarding lead
paint requirements.
REHABILITATION SPECIFICATIONS
A. Demolition (Properly dispose of all debris)
1. Work to proceed in a manner that minimizes disturbances to adjacent
and public properties. Damage to these areas will be repaired or
replaced at the expense of the contractor.
2. Demolish driveway, sidewalk, rear service door step and landing.
3. Gut basement - Completely remove all walls and finish materials (less
structural supports) from basement. Remove basement doors, walls, all
patricians, heat registers, closets, bar area and bathroom. Completely
remove basement ceiling to exposed joists. Remove all tile per MPCA
requirements.
4. Remove all basement electrical not required by code.
5. Remove extedor vents.
6. Remove fence.
7. Remove siding.
8. Remove roof covering and felt and inspect.
9. Remove shutters.
10. Remove house numbers.
11. Remove gutters.
12. Demolish driveway, sidewalk, rear service door step and landing.
13. Remove all cable wires and cable box.
14. Remove all bathroom tile -floor and walls.
15. Remove all bathroom fixtures (tub, stool, sink and vanity).
16. Remove sink and faucet in kitchen.
17. Remove kitchen countertop.
18. Remove existing appliances.
19. Remove upper cabinets over island in kitchen.
20. Remove boiler unit, registers and related items.
21. Remove water heater.
22. Remove cabinet woodwork between living room and dining room.
23. Remove wallpaper, paneling, shelving and tile from interior walls.
24. Remove suspended ceiling in dining room.
25. Remove existing light fixtures and ceiling fans.
26. Remove exterior doors: rear, front and garage service door.
27. Remove garage door header.
28. Remove closet shelves and rods throughout house.
29. Remove existing floor covering including kitchen flooring.
30. Remove basement windows.
31. Remove dining room window.
BID
32. Remove bathroom window.
33. Remove windows in southeast and northeast bedrooms (two total).
B. Footings/Foundation/Flatwork
1. Install sidewalk, width equal to steps, 7' x 6', raised to proper elevation
for proper dse of steps.
2. Clean garage floor with solvent, paint floor with approved sealing paint
(oil based product).
C. Rain Diverters
1. Install rain diverter over front door.
D. Siding/Soffits/Fascia/House Wrap/Brick
1. Install 44 mil minimum vinyl siding.
2. Wrap soffits, and fascia with alluminum, add soffit ventilation holes as needed.
3. Repair rotted fascia and soffit in rear with new lumber prior to facia wrap.
4. Install Tyvek house wrap under siding, tape all seams and around doors
and windows with approved tape.
5. Power wash brick.
E. Garage
1. Install garage overhead door (steel paneled - 26 gauge).
3. Install garage door header - ML - 2 11 ¼ (size per requirements).
4. Repair firewall - paint.
5. Remove all shelving and misc. wood and debds in rafters.
6. Remove all items from walls.
7. Clean outlets and switches.
8. Remove insulation over walls.
9. Install garage door opener, ~ horsepower with remote keypad and service
button.
10. Wrap all tdm with aluminum (C-2).
F. Deck
1. Install 6' x 6' deck landing (cedar or treated decking) outside of patio
door, two footings required with steps.
G. Misc. Exterior
1. Install new house numbers (4" reflective).
2. Paint exterior, window sash and remaining trim not wrapped.
3. Install I dryer vent. J-Boxes for all vents to match siding.
H. Exterior Doors (Peachtree or approved equal)
1. Install six-panel pre-hung steel insulated front door, double bored for
4
thumbtum deadbolt and lock and compression weather strip.
Garage / house fire door - six panel steel with self closer, double bored for
thumbtum deadbolt and lock.
I. Interior Doors
Replacement doors: flush oak w/Weiserm privacy latches in bedrooms
and bathroom.
Install new door stops at each door with hardware.
Stain, seal and varnish to match existing doors.
· Southeast bedroom
o Replace bedroom door
o Install new closet bi-fold door
· Northeast bedroom
o Keep door, replace hardware
o Install new closet bi-fold door
· North bedroom
o Replace door
o Install new closet bi-fold door
Bathroom
o Replace door
Living Room
o Replace closet door
J. Windows/Patio Door
1. Replace all basement windows with glass block.
2. Install two-wide basement egress window on east side, Marvin WCM 2828.
to include window well per codee
3. Wrap all windows with aluminum (C-2).
4. Install new handles on all windows.
5. Install maintenance free patio door - height to match existing header
% insulated glass and screen.
6. Repair all damaged or broken windows, storms, screens, hardware - clean
and oil all window hardware.
1.
Roofing
Replace roof sheathing, if needed, with material of equal thickness as
existing - pdced as option.
Install (5) new 8" plastic fixed attic vents
Replace roof covering with 15 lb. felt, Ice & Water shield per code, and 3-tab
235 lb. fiberglass/asphalt shingles. Color to be selected by City.
L. Driveway
1. Lay 2.5" asphalt driveway. Driveway to be 17' wide, (17' x 32')
2. Aggregate base course of 6" compacted limestone. Sub grade should be dry
before placing aggregate and pavement.
3. Wear course shall be type 41 bituminous - minimum 2.5" thick
5
4. Immediately after placement, protect pavement from mechanical injury until
Certificate of Occupancy is issued.
Insulation
Increase attic to minimum R-44 (blown fiberglass product)
Add air chutes as needed
N. HVAC
1. Install 90% efficiency up flow forced air furnace with pvc flue to rear wall Lennox
or equal.
2. Install Honeywell chronotherm thermostat.
O. Plumbing
1. Verify and correct all plumbing deficiencies per code
2. Install Moen faucets in all locations.
a. Laundry faucet #4901
b. Kitchen faucet #7201
c. Vanity faucet #.4621
3. Install Kohler toilet with standard seat.
4. Install cultured marble tub surround color to match vanity top.
5. Install standard cast iron bath tub or approved equal.
6. Install single laundry tub and standard faucet in basement.
7. Install single lever faucet with spray and stainless steel 2-compartment
sink 6.5 inches deep, Polar or approved equal.
8. Install Bradford, or equal, 40-gallon water heater.
9. Install shut off at all fixtures.
P. Electrical
1. Verify and correct all electrical deficiencies.
2. Install Panasonic bath and laundry exhaust fans [50 cfm] insulated and
ducted to extedor of building.
3. Install light fixtures, ($850.00 fixture allowance - selected by City)
4. Center light fixture in foyer with door.
5. Install (5) hard wired smoke detectors, one in each bedroom, one in hallway,
one in basement - interconnected.
6. Install GFCl outlets in kitchen, bathroom, laundry and garage per code.
7. Remove existing clock outlet in kitchen, cap wires and install blank cover.
8. Replace all outlets and switches, except in garage and basement.
9. Replace all phone jacks.
10. Replace doorbell.
Q. Interior Millwork
1. Repair or replace any damaged or broken interior miliwork, including doors
and hardware, hardware to be approved by City.
2. Refinish woodwork, sand and re-varnish.
3. Refinish or replace baseboard and complete baseboard where heat register is
removed.
4. Clean all base and casing
5. Remove screws in woodwork, fill holes
6. Install attic scuttle in hallway, per code (22" x 30").
7. Install wire rods and shelves in all closets.
R. Interior Paint/Stain
1. Treat any water marks with sealer and refinish.
2. Paint all ceilings with white fiat interior paint, provide brand for approval.
3. Patch and repair walls and ceilings as needed. Paint walls with two coats of
flat interior pain, provide brand for approval. Color to be selected by City.
4. Paint bathroom cabinets/millwork and windows with semi or high-gloss
paint, provide brand for approval. Color to be selected by City.
S. Cabinetry
1. Refinish and repair all damaged or broken cabinets, shelves, and hardware.
2. Add approximate 12" cabinet to west of existing upper cabinet in kitchen.
3. Replace breadboard.
4. Install new cabinet hardware in kitchen and bathroom. Style to be
selected by City.
Countertops/Vanity Top
Install vanity and vanity top in bathroom.
Install plastic laminate countertop in kitchen with standard edge, backsplash,
and overhang. Colors to be selected by City.
U. Floors/Floor Covering
1. Paint finished floor with Kilz and level surface.
2. Install carpet and pad in living room and hallway. Allow $22/sq. yd., selected
by City - spray Kilz on flooring prior to carpet installation.
3. Install vinyl in kitchen and dining room, Allow $30 sq. yd., selected by City.
4. Install 12" ceramic tile in bathroom, Allow $12 sq. ft., selected by City.
5. Install 12" ceramic tile at front entry to exiting size, selected by City.
6. Tile to be thin set on %" Du-Rock
7. Sand and refinish all wood floors in bedrooms, repair any holes
V. Appliances (Brands approved by City)
1. Appliance allowance, $2500 - Refrigerator, Range, Hood, Disposal, W&D
and dishwasher.
2. Install all appliances.
W. Bathroom Accessories
1. Install two towel bars and one soap dish.
7
2. Install shower rod.
X. Clean-up
1. Provide on-site dumpster, emptied as heeded or approved disposal method.
2. Keep site clean of debds.
Y. Drain Tile
1. Install new interior drain tile system at all basement perimeter walls with
1/3 HP pump with check valve. Direct drainage to sump basket located in
south center, discharge to exterior.
Z. Cleaning
1. Entire home to be professionally cleaned prior to final inspection.
ROOM.BY. ROOM SPECIFICS
AA. Bedroom 1 - southeast
1. Fill in wall where window existed.
2. Repair seal at window crank.
BB. Bedroom 2 - northeast
1. Fill in wall where window existed.
CC. Bedroom 3 - north
1. Seal existing attic access in closet.
DD. Hallway
Linen closet - clean shelves, add shelf in lower half, adjust doom and refinish
Replace hinges and hardware, repair face frame in upper right comer.
Broom closet - clean, replace hardware, refinish.
Bathroom
2.
EE.
1. Remove and replace mirror, full width of vanity.
2. Center new fixture on vanity.
3. Install cultured marble vanity top, selected by City.
4. Clean and refinish linen shelves and doom.
5. Refinish laundry chute.
6. Fill in wall where window existed
FF. Living Room
1. Remove hardware in ceiling.
8
GG. Basement
1. Install full length hand rail to meet code on oPen side of stairway.
2. Stud wall on open side of stairwell and drywall.
3. Paint sheetrock area in staircase.
4. Clean all joists and walls - paint exposed masonry wall with Kiiz.
5. Level floor surface and seal slab with concrete floor paint, Benjamin Moore or equal
6. Repair hole in block, laundry room.
7. Insulate rim joists w/R19.
TOTAL BID
I!. OPTIONS
1. Replace roof sheathing, with material of equal thickness as existing.
2. Central Air.
Company
Contact Person
Address
Telephone Number
Fax Number
Signature of Person Submitting Bid
PLEASE RETURN BIDS BY FRIDAY~ DECEMBER 14~ 2001 at 11:00 a.m, TO:
Ken Doresky
New Hope City Hall
4401 Xylon Avenue North
New Hope, MN 55428
Bids will be opened at 11:00 a.m. on Friday, December 14, 2001. The bids will be considered
by the New Hope City Council at the Monday, January 14, 2002 City Council meeting. All work
is to be completed by the end of April 2002.
The lowest responsible bidder' will be expected to enter into a contract with the City to ensure
the completion of the work in a timely manner. Payment will be made by the City upon
acceptance of the quality and completion of the project.
9
COUNCIL
REQUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
Community Development 11-13-01 Development & Planning
Item No.
By: Ken Doresky, Community
Development Specialist By:
MOTION TO ALLOW STAFF TO SEEK PROPOSALS FROM DESIGN FIRMS FOR THE DESIGN OF AN
ACCESSIBLE TWINHOME AT 7105 62ND AVENUE NORTH (IMPROVEMENT PROJECT NO. 685)
ACTION REQUESTED
Staff is requesting a Council motion for the authorization to seek quotes from design consultants for the
design of an accessible twinhome at 7105 62nd Avenue North.
POLICY/PAST PRACTICE
City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties within
the City. The City Council has been addressing the residential portion of this goal through the City's many
housing activities, including partnering with the CHDO to develop accessible housing for the disabled. In the
9ast, the Council has authorized staff to seek proposals and contract with design firms.
BACKGROUND
On March 26, 2001, the Council directed staff to remove the existing house at 7105 62nd Avenue North and
~roceed with the development of an accessible twinhome on the lot in partnership with the Northwest
Communities Revitalization Corporation (NCRC) CHDO. Since that time, the home was sold to a house mover
and removed from the site. Once the home was removed, the foundation was demolished and the site was
restored.
During the Zoning Code adoption in April, the site was rezoned to R-2, medium density residential. The R-2
zoning classification allows for a reduced lot size per dwelling unit, from 7,000 sq. ft. to 6,000 sq. ft. Staff is of
the belief that this reduced lot size per dwelling unit should accommodate the development of an accessible
twinhome on the site with no variances. Staff developed preliminary twinhome concept plans for the site, but
has not requested the services of a professional design consultant for the development of a site plan and
house plans.
Over the years, staff has been actively working on residential redevelopment in the northwest comer of New
Hope. The residential lots located from 7105-7315 62"a Avenue North are 300 feet deep. In 1994, the City
~urchased the rear portion of 7105 62nd Avenue North to facilitate the development of the accessible CHDO
MOTION BY SECOND BY
TO:
Request for Action Page 2 1
twinhome fronting Louisiana Avenue North. The property was rezoned to R-2 and 6073/6081 Louisiana
Avenue North (accessible twinhome CHDO project) was completed on the site in 1996. This newly proposed
accessible twinhome CHDO project lies directly north of the previously completed accessible twinhome CHDO
project at 6073/6081 Louisiana Avenue North._
If this motion is passed, staff plans to seek design proposals, evaluate and rank the proposals and present a
recommendation in January to the Council for the selection of a firm that staff would work with to develop a
house plan. Staff would then begin compiling the plans and specifications and advertisement for bid packet for
Council consideration during the winter. Staff anticipates that a contract to build the accessible twinhome could
be awarded in the spring, with construction commencing soon thereafter.
Staff recommends approval of this motion.
FUNDING
This project is located in an area where TIF funds can be utilized. CDBG funding was used to acquire the
property, remove the foundation and prepare the site. CHDO HOME funds are available in the amount of
$30,250.00 for this project. Construction costs would be funded by the sale of the property.
This past summer, the NCRC CHDO, in conjunction with City staff, submitted a funding application to the
Minnesota Housing Finance Agency (MHFA) for this project to fill the expected gap. Staff was recently notified
that the MHFA request was not funded, therefore staff plans to work with the NCRC staff to resubmit the
funding request in the spring. Also, staff intends to seek additional CHDO HOME funding for this project. The
HOME funding currently in the project ($30,250.00) is the typical amount for a single-family home CHDO
project.
The purchase price on the preliminary budget is a staff estimate. Once plans and specifications are completed
for the project, staff will hire an appraiser to determine the appraised value. Staff will then present the
appraisal to the Council for approval as the sales price.
ATTACHMENTS
· Location Map
· Preliminary Twinhome Concept Site Plans (Developed by Staff)
· Preliminary Twinhome Budget
61ST AVE
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7105 62nd Avenue Twin Home, New Construction
'105 62nd Avenue North - Twin Home, New Construction. 1,550 square feet each - estimate.
1/6/01
EXPENDITURES Estimated
Accluisition $ 103.000.00
New Construction (($105 scl ft X 1550 sq ft) X 2) $ 325,500.00
5% Contingency on New Construction $ 16,275.00..
Landscapinc,~ $ 10,000.00
Demolition $ 8,000.00
Surve¥in~ $ 1,000.00
Lawnmowin~, Shoveling, Etc. $ 1,000.00
Appraisal $ 300.00
Utilities $ 500.00
Property Tax $ 2,000.00 ...
CHDO Development Fee (HOME funds) $ 2,750.00
Desitin Fees $ 2,000.00
Subtotal - Hard Costs $ 472,325.00
SOFT PROJECT EXPENDITURES
[Publishinc~ $ 300.00
!En~ineerin~ $ 8,000.00
:Legal $ 7,000.00
Copies/Blueprints $ 200.00
Admin/Clerical $ 2,000.00
Supplies $ 30.00
Postac~e $ 100.00
Photos $ 50.00
Open House $ 50.00
Subtotal - Soft Costs $ 17,730.00
ITotal Expenditures - Hard & Soft Costs
$ 490,055.00 I
REVENUES
JProceeds from sale of homes ($155,000 each)
Subtotal Revenues
310,000.00
310,000.00
GAP FINANCING
CDBG Reimbursement $ 131,100.00
HOME Development Fee Reimbursement $ 2,750.00
EDA Reimbursement $ 3,430.00
HOME Grant $ 5,000.00
Subtotal Gap Financinc, I $ 142,280.00
PROJECT COST SUMMARY
Total Expenditures $ 490,055.00
Total Revenues $ 310,000.00
Total Gap $ 180,055.00
Total Gap Financin~l {CDBG, HOME & EDA) $ 142,280.00
Remainincj Gap ($18,887.50 each} $ 37,775.00
Twin Home Purchase Price (each) - Program Eligible Buyer
IPurchasePrice $
I
HOME 2nd Mort~lac, le ($22,500 total} I $
Subtotal
155,000.00
11,250.00
$ 143,750.00
* Staff will attempt to obtain an additional gap funding ($37,775.00) for this project.
REQUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
Community Development 11-26-01 Consent
Item No.
By: Ken Doresky, Community ~I/ 6.7
Development Specialist B
r V/
MOTION APPROVING FINAL PAYMEN~ TO FAIR'S NURSERY AND LANDSCAPING IN THE AMOUNT OF
$7,552.50 FOR LANDSCAPING AT CITY-OWNED PROPERTY LOCATED AT 4864 FLAG AVENUE NORTH
(IMPROVEMENT PROJECT 678)
ACTION REQUESTED
Staff recommends approval of a motion authorizing final payment to Fair's Nursery and Landscaping for
landscaping at city-owned property located at 4864 Flag Avenue North.
POLICY/PAST PRACTICE
Before final payment is made for city contracts, the request is brought before the Council for approval.
BACKGROUND
On October 8, 2001, the City Council awarded a contract to Fair's Nursery and Landscaping in the amount of
$7,552.50 for the landscaping of city-owned property located at 4864 Flag Avenue North. Fair's Nursery has
submitted an invoice in the original contract amount. No change orders have been issued for this project. Per
the attached memorandum, the City Engineer has inspected the project and recommends final payment.
Staff recommends approval of this motion.
FUNDING
All landscaping costs will be paid with proceeds from the home sale.
A'i'FACHMENTS
· Location Map
· Fair's Nursery and Landscaping Invoice
· City Engineer's Correspondence
· Landscaping Plan
· Planting Schedule
· Fair's Nursery and Landscaping Quote Proposal
MOTION BY SECOND BY
TO:
F L A .6 A w~.~.y -
REQUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
Community Development~,) 11-26-01 Consent
Item
No.
By: Ken Doresky, Community
Development Sl3ecialist B~/:~ 6.8
/
MOTION APPROVING FINAL PAYMEN'~ TO KEVITT EXCAVATING INC. IN THE AMOUNT OF $37,111.50
FOR THE SITE CLEANUP AT CITY-OWNED PROPERTIES IN THE WINNETKA, BASS LAKE ROAD, AND
SUMTER AREA AND AT 7105 62NDAVENUE NORTH (IMPROVEMENT PROJECTS 705 & 685)
ACTION REQUESTED
Staff recommends approval of a motion authorizing final payment to Kevitt Excavating, Inc. for the site cleanup
at city-owned properties in the Winnetka, Bass Lake Road and Sumter area and at 7105 62nd Avenue North.
POLICY/PAST PRACTICE
Before final payment is made for city contracts, the request is brought before the Council for approval.
BACKGROUND
On July 23, 2001, the City Council awarded a contract for the site cleanup and development preparation at
city-owned properties in the Winnetka, Bass Lake Road and Sumter area to Kevitt Excavating, Inc. in the
amount of $28,055. Due to the complexity of the project and the large number of removals, quotes included a
lump sum amount and alternate prices on a per unit basis. Although the City Forester spent many hours on
the sites marking and mapping removals, staff was under the belief that the contractor and/or staff would
discover additional removals. The City Engineer provided an estimate of black dirt, but was under the
assumption that more may be required. By requesting alternate prices on a per unit basis, it was not
necessary for staff to negotiate any additions to the contract.
Additional costs incurred on the per unit quoted basis include the following:
· Tree Removal - The additional cost to complete unforeseen tree removals on the twelve (12) lots was
$3,300. The City Forester requested the removal and disposal of three failing cottonwood trees with
diameters of thirty-nine inches (39"), twenty-eight inches (28") and twenty inches (20") located at 5406
and 5410-12 Winnetka. Please see the attached map showing the three trees removed.
· Black Dirt - Staff initially estimated that one hundred and sixty (160) cubic yards of topsoil would be
needed for this project. Due to the large amount of disturbed area, a total of three hundred and twenty-
three (323) cubic yards of soil was needed to complete the site restoration. The increase of one
hundred and sixty-three (1631 cubic yards of topsoil per the quoted unit cost of $28 per cubic yard
MOTION BY SECOND BY
TO:
Request for Action
Page 2 11-26-~,~
increased the site restoration cost by $4,564. The specs called for four inches (4") of topsoil to be
placed upon any areas disturbed, due to the large area disturbed and associated cost staff relaxed this
requirement.
7105 62nd Avenue North - Due to the fact that Kevitt Excavating had submitted a cost for removals:
and restoration on a per unit cost, city staff ~6ntacted Kevitt to discuss the possibility of performing
additional removals and restoration of another city-owned property at 7105 62nd Avenue North. The
purpose of this request was to remove a small amount of debris from the site and restore the site to a
more maintainable condition. Kevitt agreed to add the requested site work at 7105 62nd Avenue North
to the contract. The total cost for this additional work was $1,052.50.
The initial contract amount was $28,055. Additional cost for removals and site restoration along the Winnetka,
Bass Lake Road and Sumter lots was $7,864. The added cost for removals and site restoration at 7105 62nd
Avenue North was $1,052.50. Kevitt Excavating, Inc. has submitted an invoice including the additional work for
a total amount of $36,971.50. Per the attached November 20 memorandum, the City Engineer has inspected
the project and recommends final payment.
Staff would like to make the Council aware that this fall, Public Works staff will prune trees on the publicly
owned lots referenced in this request. Also, staff is continuing to request that the STS crews pick up
accumulating leaf piles in the corners of the lots and along fences and pick up miscellaneous garbage, rocks
and limbs on all city-owned lots.
Staff recommends approval of this motion.
FUNDING
All clean-up costs on the Winnetka, Bass Lake Road and Sumter lots will be paid with TIF funds. Additional
removals and site restoration at 7105 62nd Avenue North will be paid for with CDBG funds.
ATTACHMENTS
· Location Map
· City Engineer's Correspondence
· Kevitt Excavating, Inc. Invoice
· Additional Tree Removal Map
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!
REQUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
Community Development 11-26-01 EDA
Item No.
By: Kirk McDonald, Director of
Communit>, Development
DISCUSSION REGARDING REDEVELOPMENT/REHABILITATION PROJECT AT 7610 BASS LAKE ROAD
ACTION REQUESTED
Staff requests to update the Council on a proposal for the redevelopment/rehabilitation of the l 1-unit
apartment complex at 7610 Bass Lake Road in conjunction with Project for Pride in Living (PPL), the
Northwest Community Revitalization Corporation (NCRC) and several other funding agencies.
Representatives from PPL and NCRC will be in attendance to answer questions. The project was last
discussed at a Council work session on September 17, and at that time the majority of the Council supported
EDA funding for the project and directed staff to request input from the Livable Communities Task Force on
the project. The purpose of this update is to discuss project modifications and the current status of the project.
Staff encourages the Council to strongly consider continued participation in this project, as this property has
been identified as one of the top priorities for rehabilitation in the Comprehensive Plan, the site is located
within the Livable Communities Grant study area, funding has been committed from other agencies to this
project and the City has a successful record in working with PPL on other similar projects.
POLICY/PAST PRACTICE
City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties within
the City. The City Council has been addressing the residential portion of this goal through the City's many
housing activities, including partnering with different agencies and organizations on housing projects.
In the past, the City has participated in similar collaborations, most recently with the Bass Lake Court
Townhomes project As the Council is aware, projects of this size require a variety of funding partners and
usually require the expertise of an experienced development agency, such as PPL. This property has been
identified in the Comprehensive Plan for redevelopment or rehabilitation and it is also identified in the Livable
Communities Grant study area.
BACKGROUND
In 1999, the Northwest Community Revitalization Corporation, (NCRC) Community Housing Development
Corporation (CHDO) and PPL approached the City and inquired about multiple-family properties in need of
rehabilitation for a potential collaborative proiect. Staff had identified the 7610 Bass Lake Road property as a
MOTION BY SECOND BY
TO:
Request for Action page 2 11-26-01
high priority. Also, the City's previous attempts to coordinate an apartment rehabilitation project with the
owners have been unsuccessful.
At the June 25 EDA meeting, the EDA requested that staff investigate additional financing options for the
project. At the September 17 Council work session, staff and representatives from PPL and NCRC presented
additional financial and rehabilitation options to the Council. At the work session, the majority of the
Council voted to approve the rehabilitation project contingent on decreasing the City's contribution to
$218,000 with the addition of a fourth MHOP unit and obtaining Livable Community Task Force input
on the project. Also, the Council elected to contribute $5,000 for playground equipment on the site.
PPL ensured the Council that an additional $5,000 could be raised to match the City's contribution for
playground equipment. $78,000 of the City's contribution would be from CDBG funds, the remaining
$145,000 would be a no interest loan to the project with EDA funds with payment deferred for 30 years.
At the end of the 30 years, the City could collect payment on the $145,000 or opt to continue to defer payment
as long as the property continued as affordable housing, thus insuring affordability in perpetuity. This is the
mechanism that was used on the Bass Lake Court Townhome project.
On October 2, staff presented this rehabilitation proposal to the Livable Communities Task Force. Staff
prepared an information packet for the Task Force, gave a short presentation on the project and requested
that the Task Force review the proposal and provide wdtten input on the project at the following meeting. The
overwhelming input and direction from the Task Force was to proceed with the project. Attached,
please find a summary of comments received from the October 25 Livable Communities Task Force meeting.
Now that the amounts and sources of city financing have been determined and input has been received from
the Livable Communities Task Force, staff requests to discuss other remaining issues and the next project
steps with the EDA.
· Potential Eminent Domain: PPL and NCRC have recently informed the City that one of the owners of
7610 Bass Lake Road are now unwilling to sell the property. Due to the importance of the project,
positive community input and secured financing partners, staff is requesting that the Council consider
condemnation procedures on the property. George Gamett, Executive Director of the NCRC has
submitted a letter regarding this condemnation request, which states that the City's financial
commitment to the project would not increase due to condemnation. Also, Mr. Garnett's letter states
that relocation costs are currently adequately funded in the project budget and would not be impacted
by condemnation. Also, the City Attorney has provided correspondence indicating that there is legal
basis to show blight and public purpose for this action.
If the EDA is willing to consider condemnation of this property, staff will prepare a resolution in support
of condemnation and bring the resolution back to the EDA at a future meeting for consideration.
· Development Agreement: If the EDA is supportive of condemnation, staff will begin to prepare a
development agreement and other necessary agreements for this project.
PROJECT DESCRIPTION
The following project description has been provided by PPL:
PROPOSAL
The project consists of the renovation of the 11-unit apartment building at 7610 Bass Lake Road in New Hope.
The building contains six 2-bedroom apartments and five 1-bedroom apartments.
DEVELOPERS
The development partners are Project for Pride in Living (PPL) and Northwest Community Revitalization
Corporation (NCRC).
Request for Action
Page 3 11-26-01
PPL is a nonprofit community development corporation, which has 27 years of experience rehabilitating
building new housing. PPL has built over 900 units and owns and manages over 500 units in the Metro Ark.,,
including 34 in New Hope. PPL's property management division maintains PPL's long-term commitment to the
community, providing professional services and. access to support for residents who need it. PPL also
developed and now manages over 50,000 square fe~t of commerCial space and operates four businesses,
which provides job training for hard-to-employ adults.
NCRC is a regionally focused nonprofit community development corporation providing affordable housing for
Iow- and moderate-income residents of the northwest metro area. For the past five years, NCRC has been
developing and providing financing for the redevelopment of over 30 units of scattered site housing. The
corporation represents a unique collaboration of six cities including Brooklyn Center, Brooklyn Park, Crystal,
Maple Grove, New Hope and Robbinsdale.
WHAT IS PROPOSED?
The plans entail the exterior and interior renovation of the existing apartment building. The building exterior will
be completely renovated, including painting, the repair or replacement of the soffits and fascia, the provision of
a new roof, gutters and downspouts as necessary, spot tuckpointing and brick repair, and the repair or
replacement of the windows. The landscaping will be improved, the drive expanded and resurfaced, the
walkways repaired, and garages added for each unit.
The interior work will include updating the existing units in their present configuration. New cabinets, counters
and appliances will be provided in the kitchens. The plumbing and electrical will be updated. A new water
heater will be provided and the existing boiler will be inspected and replaced, if necessary. The walls will be
repaired and painted and new carpet will be installed throughout.
The monthly rent for the units will vary from $555 to $710 depending on unit size. At a minimum, nine of the
units would be rented to families earning less than 50% of the area median (e.g. $37,000 for a family of four).
Three of the units would have rents subsidized for lower income families. Two of those three units would be
reserved for residents on the Minneapolis Public Housing waiting list and the other one (and any of the two not
filled by people on the first list) would be used for New Hope residents.
PPL currently has an on-site management office at our other property less than two blocks from the proposed
site. A full-time site manager lives and is employed there. All prospective tenants will be carefully screened:
each must have a good rental history, adequate income to afford the rent, and no criminal background.
FINANCING
The total cost of this development is approximately $1.32 million. The financing is proposed to be a
combination of a traditional bank mortgage, investments from the City of New Hope and Hennepin County
HOME and AHIF funds. The three affordable units are paid for by the Metropolitan Housing Opportunities
Program (MHOP), which was created to increase the supply of rental housing outside of the central cities. The
attached Development Proforma shows a $223,000.00 contribution from the New Hope EDA including
approximately $78,000 from CDBG and a $5,000 contribution from New Hope that has been added to the
project for playground equipment, which PPL intends to match with $5,000 from an unidentified source.
TIMELINE
Acquire properties, design new units
and rehab work, secure financing
Neighborhood, City and Planning
Commission review
.Finish purchase of all property
Start rehabilitation and construction
Complete construction
February 2000 - February 2002
February 2000 - March 2002
February 2002
May 2002
January 2003
11-26-01
Request for Action Page 4
_..'CURRENT RENTERS
The work is intended to be performed without substantial displacement of the existing residents. If existing
residents have incomes above 50% of median, they will receive assistance in finding a new place to live and
help with the moving expenses. Tenants wishing.to re,main in the rehabbed units would be welcome to do so
provided they meet PPL's screening requirements.
ADVANTAGES TO THE COMMUNITY
This development will provide reinve~tment in the area's aging housing stock by an owner committed to
maintenance and a long-term relationship with the community. The improved appearance and stability of the
new and rehabbed units will add to the surrounding area's value and iivability.
These units will provide an opportunity for young families or single parents to stay in this community or
become part of it. This development represents the next step in PPL and NCRC's continued commitment to
the strength and stability of New Hope. A preliminary site plan and proposed scope of work is attached.
SITE CONTROL
Currently the owners are unwilling to sell. PPL has been attempting to purchase the property for many months.
After initial offers, the owners, Engelking and Norbert, received a $520,000 offer to purchase this property.
Despite the fact that they had verbally agreed to PPL's previous offer of $450,000, they felt entitled to a higher
sales price. PPL agreed to increase their offer to $470,000. The owners agreed to this provided that closing
could occur by January 31, 2002, that PPL would cooperate in a 1031 exchange, and that the City would
agree to a friendly condemnation. PPL agreed to its part of these conditions contingent on receiving
acceptable financing, which has happened, but now the owners have declined the sale.
FACTORS IN PER UNIT DEVELOPMENT COST
Please see the following per unit development cost factors:
· High Acquisition Costs: The acquisition of property in a fully developed area such as New Hope is high
almost regardless of the condition of the property. An MHFA study done in 2000 shows the
development costs in urban areas to be as much as 80 to 100% higher than costs in an undeveloped
area. This tendency is exacerbated by Iow vacancy rates in the last several years which have
increased the values of existing rental properties. The acquisition costs for this project will be around
$43,000 per unit.
· High Construction Costs: Recent increases in construction costs (20 to 40% in the last few years)
have been the single largest factor in the higher cost of development. Renovation prices have been
particularly affected due in part to more stringent environmental regulations.
· Quantity and Quality of Renovation: PPL would completely rehab the existing building to a high
standard of quality. All of the deferred maintenance items would be treated and the units would be
completely updated. It is unlikely that a private owner would make this level of investment in the
building, since, for the foreseeable future, it can be rented in its present state. As mentioned before,
PPL is completely willing to discuss the proposed scope of renovation provided we will have sufficient
reserves or other means of future reinvestment in the building. The construction and acquisition costs
account for over 80% of the project costs.
· High Initial Investment to Insure Long-term Affordability: By making a larger than normal initial
investment, the property has a much lower debt load and is therefore able to maintain a Iow rent
structure.
· Project Size and Complexity: Despite being relatively small (only 11 units), this project retains all of the
complexity of a larger project with none of the economies of scale.
Request for Action
Page 5 11-26-01
DEVELOPER FEE
The developer's role includes the following:
Acquisition of the property: Identifying_.and researching a potential property, negotiating with the
current owner(s), assembling the site, preparation of purchase agreements and other legal documents,
investigating environmental issues and their mitigation, closing on the property. To date, this process
has taken over a year and a half on this project and has involved a substantial amount of PPL's time,
consultant's time, and legal expenses.
Structuring the project financing: Preparing and updating the project budget, identifying potential
sources of funding, preparing funding applications, coordinating the requirements of the various
funders, preparing documents for closing, providing for project's ultimate financial and legal structure,
closing on finances, monitoring the project finances during construction, closing out the construction
financing, transitioning to permanent financing, coordinating the cost certification, project income, and
taxes. To date, PPL has set up and updated the budget, making major changes when the Crystal
project was separated. PPL has also completed five separate funding applications. (The cost of
preparation for an application by a consultant is $5,000 to 8,000. The application fees alone were
almost $2,000.) Assuming that the applications PPL currently has are approved, then about 25% of
this portion of the project is finished.
General project management: Selecting, hiring, and coordinating the work of the architectural and
engineering consultants, obtaining necessary regulatory and governmental approvals, providing for the
legal and insurance requirements of the project, soliciting and incorporating neighborhood or citizen
input into the project, managing the property during construction including coordination of work with
residents, scheduling and coordinating all activities and consultants. The bulk of this work occurs
following the set up of the project's financing. PPL has, to date, inspected the property several times,
provided for schematic design of garage location, consulted with environmental engineer, and had
several discussions about the project with the City.
Marketing: As units become available, advertising the property in accordance with fair housing
standards, selecting and screening rental applicants, insuring that income and other requirements are
met, coordinating tenant referrals with the MPHNMet Council. Standard market rates for unit leasing
without the additional compliance work required by the funding institutions would be a minimum of a
month's rent, a total of about $7,000 on this project.
Construction management: Selecting, hiring, and coordinating the work of the General Contractor,
monitoring the progress of the work, authorizing and coordinating pay requests, deciding on alterations
to the work, choosing materials and finishes, monitoring the project contingency, preparing the punch
list, coordinating inspections of various funding entities, and finalizing unit turn over. The architect will
also be involved in this process in essentially a parallel capacity. His/her fee for that involvement will
be $7,500 for this project.
Assumption of project risks: Bearing costs associated with a project not proceeding (as in the case of
the Crystal project on 56"~), covering costs discovered during the planning and construction phases
over and above the contingency (e.g. soil corrections on the Bass Lake project), covering the cost of
unforeseen or estimated items (such as condemnation and relocation costs of the gas station on the
Bass Lake project), allowing for typical real estate ownership dsks such as vacancy, unit damage by
tenants, and the like, and, lastly, covering costs associated with project delays due to weather,
nonperformance by members of the project team, etc.
As PPL has mentioned before, a private developer would probably charge in the range of 15 to 20% of the
total project costs. PPL's fees would total about 9%, with 10% of that being recycled back into the NCRC.
Request for Action
Page 6
11-26-01
FINANCING OPTIONS FOR THE CITY
The Council supported the addition of a fourth MHOP unit decreasing the City's contribution by $120,000, from
$338,000.00 to $218,000 as a deferred loan. Please see the following financing option decided upon by the
Council at the September 17 work session:
· Deferred loan of approximately $223,000. As originally proposed, this would be a no interest loan to
the project with payment deferred for 30 years. $78,000 of the City's contribution would be from CDBG
funds, the remaining $145,000 would be a no interest loan to the project with payment deferred for 30
years. At the end of the 30 years, the City could collect payment or opt to continue to defer payment as
long as the property continued as affordable housing, thus insuring affordability in perpetuity. This is
the mechanism that was used on the Bass Lake project.
· Increased funding from other sources. The number of MHOP units has been increased from three to
four. This has increased MPHA's share of the project by approximately $120,000.
FUNDING
This property is currently not located in an area where TIF funds can be expended, therefore, EDA funds
would need to be used for the New Hope portion of the project in conjunction with $77,992 in CDBG funds that
are programmed for multiple family rehabilitation. Another option would be to add this property to the area
where TIF funds can be expended.
ATTACHMENTS
· NCRC Condemnation Request Letter
· Livable Communties Task Force Input
· Location Map
· City Attomey Correspondence
· Project Modification Letter, Dated 8/19/01
· Project Description
· Development Proforma
· Scope of Work
· Site Plan
· Agency Description
· Livable Communities Maps
· Comprehensive Plan Goals
· February 28, 2000, EDA Minutes
· June 25, 2001, EDA Minutes
· September 17, Council Work Session Minutes
· Hennepin County2001 Valuation
~313
ST RAPHAEL DR.
i
~din 7610 Bass Lake Road
From
October 25th Livabl~"~'mmunities Meetin~
· Be careful with the visual effects-of garages.
· No due to cost and current planning. Would like to fit this in to the other development.
N.H. budget and school referendum will increase taxes. There is a willing buyer that
doesn't require taxpayer funds.
· I think it was a good idea, go for it.
· If it stays on tax roll, go for it. Nice looking building.
· As long as the property pays taxes and keeps it up, will be fine.
· Move forward.
· I honestly didn't have time to drive by. My recollection of it is that it is old enough I would
scratch it and use it for redevelopment.
· Property needs improved landscaping, total makeover, and parking lot needs work, add
garages to the back of lot.
· I approve of proceeding ahead with PPL development.
· Approve the upgrade plan.
· Replace it.
· Move forward, a good collaborative opportunity for the City.
· Let PPL proceed,
· Renovate it; rent needs to be higher to get better families.
· Good project as planned.
· .Replace it.
· Good property for PPL to redo.
· It needs some upgrading.
· I think it is worth investing into, garages done right would make sense.
· It needs to be upgraded, seems to be rundown.
· Metro/State/County revenue still is tax money we strive like hell to create.
November 1~, 2001
Mr. Dan Donahue
City Manager
City of New Hope
4401 Xylon Ave. N
New Hope, MN. 55428
Re: 7610 Bass Lake Rd
Dear Mr. Donahue,
I am writing this letter to updaze you on the current stares of this project, and to solicit
your support in the usc of the City's powers of emlnent dflmni~ to facilitate this project.
As you know we have made substantial progress on this project over the last two
years. Since the City of New Hope identified this property as a top priority for
revitalization, we have worked diligently to obml- fimding ~ negotiate an acceptable
acquisition price with the currant owners. As you are aware, the ~ owners have
shown no interes~ in ~rking with the city on impmvi~ their propm~, despite generous
financ~ terms offered by the city. Together, we have put together a viable financing
approach which includes a $223,000 from the City of New Hope, $350,000 of Henuepin
County HOME funds, and four MHOP units amounting to a $469,000 investment. The
City's commitment is genem~m, and will not increase as a pan of ~ ptmject. Our
project includes the implemenUttion of a playground at your request. The project has
included n slgnificnnt financial commitment to relocation, which is adequate to meet the
projects needs.
Unforttmately, despite ved~l commltmerrts fi'om thc owners, we now find ourselves
unable to complete an acceptable ~ agreemen~ We are therefore request, lng tha~
thc City Council approve the use of eminent domain. We have consulted with your City
attorney, and he is confide~ thc~ is a legal basis to show blight and a clear public
purpose for this action It is also clear that this action in no way affects our obligations
and costs for relocation, since those requirements are tied to the finan~. As I have
already notx~l, this cost is funded in our current budget.
If we are ~mshle to proceed with acquisition at this time, the likely outcome is the loss
of finnncing and the collapse of the projext. New Hope will have to continue to struggle
with a blighting influence in the center of an important strategic redevelopment area for
the city.
f',Amn~nlty
C~rlmmltsm
P. O. P~x 281&9
*Rel,,ildlng nei~lhhorhood$ one ho.se at a time.'
Please feel free to contact me ~t (612) 940-2785 if you require additional inform~on,
Exccu~ve Director
Northwest Cor~munity Rcvit~lizstion Corporation
2
,/
BASS LAKE PROJECT
Development Proforma
USES ,-- Per Unit
IAcquisition
1.00 rl 1 Unit Apartment Building 470,000 42,7271
Subtotal 470,000 42,727
Construction
2.00 Demo and Lead Mitigation 25,000 2,273
2.01= Rehab 11 Units 350,000 31,818
2.02 New Garages 120,000 10,909
2.03 Site Improvements 55,000 5,000
2.04 Playground Equipment 10,000 909
2.05 Contingency 50,000 4,5451
I Subtotal 610,000 55,455
Soft Costs
3.01 Architectural 30,000 2,727
3.02 Environmental 3,000 273
3.03 Legal 15,000 1,364
3.04 Cost Certification 3,000 273
3.05i Survey and Plat 3.000 273
3.06 Utilities and Insurance 2,000 182
3.07 Taxes 10,000 909
3.08 Closing Costs 3,000 273
3.09 Interim Holding Costs 7,000 636
3.10 Relocation 35,000 3,182
3.11 Marketing and Lease Up 1,000, 91
3.12 Construction Interest 5,000 455
3.13 Loan Origination Fee 1,300 118
3.14 Developer Fee 95,000 8,636
3.15 CHDO Fee/Processing Agent 15,000 1,364
3.16i Reserves - MHOP 15,000 1,364
Subtotal 243,300 22,118
4.00 ITotal Development Cost 1,323,300 120,300
SOURCES
5.00 1st Mortgage 126,3001 11,482
5.01 New Hope EDA 223,000 20,273
5.02 Hennepin Co. HOME 350,000 31,818
5.03 Hennepin Co. AHIF 150,000 13,636
5.041 M HOP 469,000 42,636
5.05 Playground Donations 5,000 455
Total Sources 1,323,300 120,300
Prepared by: PPL, November 16, 2001
~j'~O
Livable Communities Task Force
November 15, 2001
1. Recap of October 25 Meeting
Community Development Director Kirk McDonald opened the meeting at 5:10 p.m. and explained
what the Task Force would be accomplishing at this meeting.
Aimie Gourlay, consultant, stated that at the last meeting the task force heard presentations on New
Hope's demographics, home values, transportation issues, and crime in the study area. The task
force broke into small groups to develop a vision for the Hosterman site, including specific housing
types, businesses, parks, roads, and other features on a map of the site. The groups shared and
discussed their ideas at the end of the meeting.
Gourlay asked the group whether it would be agreeable to meet one more time this year and the
consensus was to meet on December 6. Additional meeting dates were scheduled for January 10
and February 7.
2. Presentation of Hosterman Concepts
Alan Brixius, Planning Consultant, reminded the task force of the planning principles and that all
elements should be integrated into the plans. He reviewed each of the concept plans with the task
force. Common elements in each of the plans included medium and/or high-density townhomes,
some upscale with underground parking, a commercial area, green space/walkway, expansion of
Begin Park area, aligning streets along Bass Lake Road, and a bus stop. Brixius stated that the task
force should keep in mind that there would be costs associated with the land acquisition, relocation
of businesses and families, and demolition of buildings.
Several questions arose after reviewing the concept plans that included the number of bedrooms in
the townhomes and size of families, impact on the school district with additional enrollment, and what
happens to the concept plans if the school does not sell either site. The task force was in favor of
some single family homes, apartment above the commercial sites, no through traffic, and a minimum
of asphalt.
3. Small Group Meetings and Discussion
The Task Force broke into small groups for vision development. Each group was given an area map
of the area west of the golf course, which is 3.63 acres in size. Each group was to draw on the map
their vision of the area, including housing, green space, roads, etc. These ideas were shared at the
end of the meeting, and most groups had similar ideas for either townhomes or condos, green area,
a pond, plantings, aligning roadways, and possible access to the golf course through the
development.
Prior to the next meeting, the Planning Consultant will compile several concept plans incorporating
the Task Force's ideas.
4. Reports to Large Group
The group discussed the golf course entrance and how safety could be improved.
Gourlay noted that there were several questions for staff to answer at a later meeting, including park
area per resident, family size in the proposed residential units, and whether the school district could
manage the increased enrollment.
5. Adjournment
The Livable Communities Task Force meeting adjourned at 7:45 p.m.
Respectfully submitted,
Pamela Sylvester, Recording Secretary
Bulletin # 2
PROJECT BULLETIN
Livable Communities Grant
Study Area
The purpose of this bulletin is to inform residents living in the Livable Communities study area of
the ongoing activities of the Livable Communities Task Force. The Livable Communities study
area extends in approximately a half-mile radius from the intersection of Bass Lake Road and
Winnetka Avenue. The area is comprised of 480 acres of residential neighborhoods, commercial
businesses, and the Hosterman school site.
On March 12, 2001, the New Hope City Council accepted a Livable Communities Demonstration
Program Grant from the Metropolitan Council Local Planning Assistance Program to help fund a
study of redevelopment opportunities in the Bass Lake Road/Winnetka Avenue area. In late June,
the City Council approved a specific work plan for the study prepared by the City's planning
consultant, Northwest Associated Consultants. In August, the Council authorized creation of a
volunteer citizen task force that includes about 60 residents, business owners, members of the
New Hope Planning and Human Rights commissions and Personnel Board, and representatives of
the city of Crystal and School District 281.
Overview
On September 13, 2001, the Livable Communities Task Force met, for the first time, to learn about
the grant and the goals of the study. This was an introductory meeting that included information
about the Livable Communities Grant, what other cities have done as the result of similar studies,
the background of the project, and maps of the study area and the city.
Since the initial meeting, the task force has met three times.
On October 3, participants discussed task force ground rules, learned about the Metropolitan
Council's "Smart Growth" principles, and broke into small groups to begin developing their vision
for the study area and identify strengths and weaknesses of the area. The group's initial vision
included: a community gathering place, a variety of housing types, destination businesses
(restaurants) and professional offices, open space and trails, and specific sites for redevelopment.
The Smart Growth principles the task force will keep in mind throughout the study include:
involving the public in the planning process, providing a mix of life cycle and affordable housing
options, locating housing near job centers, and creating livable communities with higher density
residential land uses, a complimentary mix of uses, transit and pedestrian friendly design, in-place
infrastructure, and preservation of open space.
11/27/01
Livable Communities Grant
Study Area
On October 25, the task force heard prese_ntatio~s on New Hope's demographics, on home values
in the area (the average estimated market value of homes in the.area is $134,250), on
transportation issues in New Hope and the study area, and on cdme in the study area. The task
force broke into several small groups to develop a vision for the Hosterman site, from Zealand to
Winnetka and from 54th to Bass Lake Road. Each group developed its vision for the Hosterman
site by locating specific housing types, businesses, parks, roads and other features on a map of
the site. The small groups shared and discussed their ideas at the end of the meeting.
On November 15, the task force reviewed five concept plans for the Hosterman site that had been
prepared by the city's planning consultant based upon the small group concepts completed the
previous meeting. The task force consensus was that all five concept plans would be appropriate
to review with potential developers. The group then broke into small groups to perform a similar
visioning exercise for a small site north of Bass Lake Road and just west of the golf course. Once
again, the small groups joined together to share and discuss their ideas at the end of the meeting.
Upcoming Livable Communities Task Force meetings are scheduled for December 6, January 10
and February 7.
After the task force has completed its initial visioning process for targeted redevelopment sites
within the study area, and the planning consultant has prepared concept plans for each of the
sites, the city will take several steps to increase public participation in the study. First, the city will
meet with key property owners within the study area to determine their interest in cooperating with
or participating in redevelopment activities. Next, the city will meet with several developers to
assess interest in and viability of the concept plans. Finally, city staff and the city's planning
consultant will host a series of neighborhood meetings to present the redevelopment concepts to
interested residents and get feedback. These meetings will hopefully begin in the early spring,
depending on the progress of the task force.
City Contacts
If you have questions or comments regarding the project, please contact Erin Seeman, Community
Development Intern, at 763-531-5196 or Kirk McDonald, Community Development Director, at
763-531-5119. Agendas, synopses and handouts for each Livable Communities Task Force
meeting is available on the city's website at www.ci.new-hope.mn.us.
The City appreciates the cooperation of all residents and businesses in the area that may be
impacted by this redevelopment project. Additional bulletins will be sent to you periodically
throughout the study.
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
November 24, 2001
Dan Donahue, City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, MN 554284898
Dear Mr. Donahue,
I am enclosing the Commission Re-appointment Response and I am sorry to say I will be
declining re-appointment. At this time I feel the need to concentrate my attention on my
upcoming position on the Robbinsdale School Board. It is also my intemion that my
stepping down will allow for greater involvement fi.om interested citizens.
I value my time spem on the Planning Commission and appreciate the opportunity to
have served. I look forward to cominuing and promoting the relationship between the
City of New Hope and the Robbinsdale School Board.
Sincerely,
Patsy Green
Enc.
Cc: Peter Enek, Mayor
Kirk McDonald, Director of Community Development