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060600 Planning AGENDA 'PLANNING COMMISSION MEETING OF JUNE 6, 2000 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 2. 3. 4. 4.1 4.2 5.1 5.2 5.3 5.4 6. 6.1 7. 7.1 7.2 7.3 8. 9. CALL TO ORDER ROLL CALL CONSENT BUSINESS PUBLIC HEARING Case 00-10 Case 99-06 Request for a Conditional Use Permit to Allow a School Use in a Church Facility, 3351 Independence Avenue North, Hope Alliance Chapel/Medicine Lake Lutheran Academy, Petitioners Informal Review of Zoning Code Update COMMITTEE REPORTS Report of Design & Review Committee - Next Meeting: Thursday, June 15, at 8 a.m. Report of Codes & Standards Committee Report of Comprehensive Plan Update Committee Report of Zoning Code Update Committee OLD BUSINESS Miscellaneous Issues NEW BUSINESS Review/Approval of Planning Commission Minutes of May 2, 2000 Review of City Council Minutes of April 24 and May 8, 2000 Review of EDA Minutes of April 10, 2000 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. The Planning Commission will recommend Council approval or denial of a land use proposal based upon the Planning Commission's determination of whether the proposed use is permitted under the Zoning Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the surrounding neighborhood. The Planning Commission holds informal public hearings on land use proposals to enable you to learn, first-hand, what such proposals are, and to permit you to ask questions and offer comments. Your questions and comments become part of the record and will be used by the Council, along with the Planning Commission's recommendation, in reaching its decision. · To aid in your understanding and to facilitate your comments and questions, the Planning Commission will utilize the following procedure: 1. The Planning Commission Chair will introduce the proposal. 2. City staff will outline the proposal and staff's recommendations and answer any questions from the Planning Commission. 3. The petitioner is invited to describe the proposal, make comments on the staff report, and answer questions from the Planning Commission. 4. The Chair will open the public hearing, asking first for those who wish to speak to so indicate by raising their hands. The Chair may set a time limit for individual questions/comments if a large number of persons have indicated a desire to speak. Spokespersons for groups will have a longer period of time for questions/comments. 5. When recognized by the Chair, the person wishing to speak is asked to come forward and to give their full name and address clearly. Remember, your questions/comments are for the record. 6. Direct your questions/comments to the Chair. The Chair will determine who will answer your questions. 7. No one will be given the opportunity to speak a second time until everyone has had the opportunity to speak initially. Please limit your second presentation to new information, not rebuttal. 8. At the close of the public hearing, the Planning Commission will discuss the proposal and take appropriate action. A. If the Planning Commission recommends that the City Council approve or deny a request, the planning case will be placed on the City Council agenda for the next regular meeting. Usually this meeting is within one to two weeks of the Planning Commission meeting. B. If the Planning Commission tables the request, the petitioner will be asked to return for the next Commission meeting. Planning Case: Petitioner: Address: Request: PLANNING CASE REPORT City of New Hope Meeting Date: Report Date: 00-10 June 6,2000 June 2,2000 Hope Alliance Chapel and Medicine Lake Lutheran Academy (MLLA) 3351 Independence Avenue North Conditional Use Permit to Allow a School Use in a Church Facility I. Request The petitioner is requesting a conditional use permit to allow a school use (Medicine Lake Lutheran Academy - grades 9 - 12) in a religious facility (Hope Alliance Chapel), pursuant to Sections 4.0541(1) and 4.21 of the New Hope Code of Ordinances. II. Zoning Code References 4.054(1) Conditional Uses, R-l, Public, Educational and Religious Buildings 4.21 Conditional Use Permit Property Specifications Zoning: Location: Adjacent Land Uses: Site Area: Building Area: Lot Area Ratios: Planning District: Specific Information: III. R-l, Single Family Residential Independence Avenue between 33rd and 34th Avenues Highway 169 on the west and surrounded by single family homes on the north, east and south. Eight single family homes and three streets abut this property. 135' x 520'- roadway = 144,180 square feet (3.3 acres) 19,800 square feet (no change) Green = 44,000 square feet (1 acre) 31% Parking = 80,000 square feet (1.8 acres) 55% Building = 19,800 square feet (.45 acres) 13% No. 16; This District consists primarily of single family homes and the City encourages private reinvestment in the homes and redevelopment of multi- family and commercial properties. At the time the Comprehensive Plan was updated, the City did not anticipate any change in use of the church building. The City's existing land use map indicates that the subject property is surrounded by single family residential units. According to the Comprehensive Plan, this use is consistent with the proposed educational/religious use. The property was first developed in 1963, with a small church and parking lot served by a single driveway to the west on County Road 18. About five years later, the freeway was built and the church lost its west access, so it got City approval to connect to 34th Avenue North. In 1977, an addition was built on the north side of the church with parking lot expansion. In 1982, a large new sanctuary was built on the south side, along with parking lot expansion. In Planning Case Report 00-10 Page 1 6-2-00 1994, a CUP was approved for a District 287 public school use of the northern 2/3rds of the building. However, the school move never occurred and the CUP expired 12 months later due to non-enactment. Parking is more than adequate for both uses. Few problems have been noted on the property over the decades. The remote location is a critical factor in its "underutilized" nature. IV. Background Hope Alliance Chapel is requesting approval of a conditional use permit to allow operation of Medicine Lake Lutheran Academy within the existing building located at 3351 Independence Avenue North. The Academy is intended to be temporary and should operate for three to five years. The subject property is zoned R-l, single family residential, and educational and religious buildings are a conditional use within this district. The City Council did approve a conditional use permit to allow a similar school at this location in 1994; however, that school never actually began operation. At that time, Hope Alliance Chapel was in the process of purchasing the church from Beautiful Savior and the request was to lease space to District 287 for purposes of conducting educational classes. V. Petitioner's Comments RSP Architects, representing Hope Alliance Chapel, submitted a narrative highlighting the scope of the work for the existing facility. The complete text is attached and major items are highlighted below. Minor changes would be made to the educational portion of Hope Alliance Chapel to accommodate Medicine Lake Lutheran Church and Academy's 9th -- 12th grade classes for the next three to five years. Fall 2000 enrollment is expected to be 60-70 students and faculty with anticipated growth to a maximum of 150 students and faculty. Hope Alliance would continue to use the Chapel and educational wing for Sunday Services and Sunday School programs and would continue to maintain an office at the site during weekday hours. Buildinq/Site Changes · Move two interior walls to accommodate classrooms. · Add approved fire alarm system. · Upgrade hardware on interior hallway doors. · Replace windows in the multi-purpose room with gypsum board infill panels or wired glass. · Create a safer pathway for exiting the building. · ADA upgrades. · No exterior changes. · Small sign is proposed to be added below the current signage at each of the two existing locations. · A "right turn only" sign is planned for the north entry to control bus traffic to Hillsboro. · 3-4 ornamental trees or shrubs are planned for the north side of the site to screen headlights into the adjacent property. · Wood fence on the site will be repaired this summer, due to storm damage. · Plan submitted that indicates proposed bus drop-off and pick-up area, bus routes and turn around radius, number of existing parking stalls, designated parking areas for Medicine Lake Lutheran Academy students and staff, existing site lighting and snow removal storage areas. Medicine Lake Lutheran Church and Academy submitted a narrative of its mission, intended use, hours of operation, traffic impact on the area, and student type. The church is located at 3110 East Medicine Lake Boulevard in Plymouth. The Medicine Lake Lutheran Academy's K - 11th grade is currently located at 3415 Louisiana Avenue North in Crystal. The proposed scope of work would relocate grades 9- 12 to the Hope Alliance Chapel at 3351 Independence Avenue North in New Hope. Excerpts of the narrative are as follows: Planning Case Report 00-10 Page 2 6-2-00 VI. VII. · Hours of operation from 8:30 a.m. to 3:30 p.m. - no students would be at the facility beyond 5:00 p.m. Extracurricular activities would take place at another facility. · Students would be dropped off approximately 8:20 a.m. and picked up between 3:25 and 3:40 p.m., via personal vehicles. · Students arriving bythSCh°°l bus would arrive at 8:30 a.m. and be p~cked' up at 3:35 p.m. The bus would travel from 36 Avenue, proceed south on Hillsboro, turn west on 34th and enter the north parking lot, make a turn about in the north parking lot and exit onto 34th Avenue, and proceed north on Hillsboro. Students will be loaded and unloaded at the north curb in the north (34th Avenue) parking lot. A "right turn only" sign will be located at the north parking lot exit onto 34th Avenue. Another moveable sign, for Monday through Friday use, will be placed in the immediate north parking lot prohibiting parking in the area the bus will make its turn and off-load/on-load students at the north curb. · Physical education is a one-semester requirement and would be held off site. Students would be transported on a bus to this site two days per week from September to December or January to May. · Parking would consist of MLLA staff, visitors and students. · No commercial vehicles would visit the site on a normal basis. · Hot lunch would be provided three days per week and would be brought to Hope Alliance from the Olivet Baptist facility. Two days per week would be cold lunch days provided by the students. · School year starts after Labor Day and funs through the Friday before Memorial Day. The academy is run on semesters and breaks at Thanksgiving, Christmas and Easter. Additional three and four day weekends could occur during the school year. · After school, family activities take place five to eight times per school year and would run from 7 - 9 p.m., such as Christmas Choral programs, Career Night, Open House, etc. · During the summer months, a small staff of five or less is present. Notification Property owners within 350 feet of the property were notified, and staff received one call from a property owner near 33rd and Hillsboro who had concerns about increased traffic. After it was explained that all bus traffic would be directed to 34th Avenue, the resident had no further concerns. Development Analysis A. Zoning Code Criteria 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, whether or not the conditional use is to be allowed, the City may consider the nature of adjoining land or buildings, whether or not a similar use is 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 all such other or further factors as the City shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. 2. Other general criteria to be considered when determining whether to approve or deny a conditional use permit include: 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 its adjacent land uses. Planning Case Report 00-10 Page 3 6-2-00 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. ZoninR District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: 1. In Residential Districts~ R-1,2,3,4,5, R-O: a. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. b. Screenin.q. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. c. Compatible Appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. 3. Specific criteria related to the R-1 District is as follows: A. Public, Educational, and Religious Buildinqs. (Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, iunior hiqh and senior hi(Ih schools; and religious institutions such as churches, chapels, temples, and synagogues) are allowed by conditional use in the R-1 Zoning District provided that: · Side Yards. Side yards shall be double that required for the district, but no greater than 30 feet. · Parkinq. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use and that such parking is adequately screened and landscaped from surrounding and abutting residential uses. · Off-Street Loadinq. Adequate off-street loading and service entrances are provided and regulated where applicable by City Code. Development Review Team On May 17 the staff team was supportive of the request, noting: · Provide site plan illustrating site and building lighting. · Temporary nature of request is critical, lessening concern for permanent issues developing. They expect to reach 150 students in three to five years. · Recount/verify parking spaces and signage at north driveways. · Clarify interior building code related upgrades for"E-l" Occupancy (school). · Consider landscaping at northwest corner of lot by single family home. · Private church-based school CUP request is distinct in several ways from 1994 approved public school CUP. For example, control over student admission screening, student parking, student behavior, parental support and involvement with tuition-paying is claimed to be much more manageable. · Identify sign plans for both the church and the school. · Revise narrative to clarify outside activities and hours of operation. Desi.qn & Review Committee On May 18 the Design & Review Committee was supportive of the CUP. They underscored the staff team remarks and added: Planning Case Report 00-10 Page 4 6-2-00 · Illustrate bus access, bus loading zone, bus turning and bus exiting plans with "right turn only" signs near 34th Avenue and lot striping, with arrows. · Clarify where staff and students park. · Clarify loading zone where a truck or van will deliver goods and the likely frequency of same. · Staff provided a "Neighborhood Bus Route plan" that the school must be prepared to agree'to use. Repair east fence where damaged. Identify snow storage areas on site plan. Plan Description Revised plans were submitted that address all of the issues/items discussed at the Development Review and Design & Review meetings and the plan details are described as follows: 1. Site Changes - The applicant plans minor interior and landscaping changes. No exterior building design changes are proposed. As a result, some of the analysis will focus on operational, rather than site design, issues. Students and Faculty - Initially, the school intends to have between 60 and 70 students in grades 9 through 12. Enrollment could grow to a maximum of 150 students and staff. The applicant has indicated that this is a temporary facility to be used by the school for the next three to five years while they build a new facility in Maple Grove. According to Ben Clifton, Secondary Administrator for Medicine Lake Lutheran Academy, this institution goes through an extensive interview process with all students and parents. These interviews focus on academics, citizenship, athletics, friendships, past disciplinary issues, and the student's religious beliefs. Acceptance is not automatic and in the past students have been turned down or accepted on a probationary basis. Hours of Operation - The school intends to operate between the hours of 8:30 a.m. and 3:30 p.m. Students will begin arriving by bus and car around 8:15 a.m. Pick up of students after school should be complete by 3:40 p.m. The church will continue to operate its normal hours. This includes Sunday activities, regular weekday office hours, Friday evening programs, and occasional board meetings. Staff finds that the vast majority of activity generated by the school would occur during regular work hours when most residents are not home. Outside Activities - According to the applicant, students are not allowed to congregate in parking areas at any time and they are not allowed to leave the building without prior written approval. The church site does not have recreation areas to conduct physical education classes. Therefore, the applicant intends to either conduct these classes at an off-site health club or alter the curriculum to eliminate outside activities. Since the church does not have recreation areas, no extracurricular activities will take place on site. Setbacks Yard Existing Required Status Front 108 ft. 30 ft. Compliant Side (North) 120 ft. 30 ft. Compliant Side (South) 136 ft. 30 ft. Compliant Rear 132 ft. 25 ft. Compliant The chad outlines the setback requirements for public, educational and religious buildings in the R-1 District. Currently, the building meets all of these setback standards. Planning Case Report 00-10 Page 5 6-2-00 6. Parking- . Church Use: According to the City Code, churches are required to provide one (1) off-street parking stall for every three (3) seats based on the design capacity of the main assembly hall. The church has 181 off-street parking stalls which meets the standard for this type.of use, · School Use: According to the City Code, schools are required to provide one (1) off-street parking stall for each seven (7) students and one (1) additional stall for each three (3) classrooms. Based on the maximum enrollment of 150 students and staff, the school is required to provide 25 stalls (7/150 = 21 + 3/11 = 4). According to the applicant, students and staff will need approximately 45 off-street parking stalls. The plans show 25 parking stalls designated for staff in the northwest area of the parking lot and shows 39 stalls designated for student parking on the west side of the parking lot. Three of the spaces in this area are designated for ADA parking. A total of 64 spaces are provided for school parking. Students must receive a parking permit to park in the parking lot. Staff recommends that a condition of approval require all off-street parking for both students and staff be limited to the parking lot on the west and north sides of the church. This will help lessen the impact of the school on the surrounding residential uses. The church and school will not operate at the same time. Therefore, staff finds that these two uses can share the existing off-street parking. 15. Traffic Circulation - According to the applicant, students will come to the school by both car and bus. Staff recommends that a condition of approval require all bus loading and unloading to occur within the designated bus loading and unloading area as shown on the site plan. The applicant has demonstrated that the site has adequate turning area for buses. All traffic will access and exit the site from 34th Avenue, Hillsboro, and 36th Avenue. A "right turn only" sign will be placed at the northeast driveway for exiting traffic. Buses will enter the site at the west curb cut on 34th Avenue and travel along the east side of the building with a "bus drop off/pick up" area shown at the northeast corner of the building. Buses will continue south along the east building line, turn in the south portion of the parking lot, travel north through the parking lot and exit through the east curb cut on 34th Avenue. Bus size details were provided by the applicant and are identified as follows: Medicine Lake Lutheran Academy Bus Sizes Bus #1 Bus #2 Seating Capacity 71 71 Height from Ground 9'-9" 9'-9" Bus Width 7'-11" 7'-11" Wheel Base 21 '-4" 22'-9" Bumper to Bumper Length 35'-3" 37'-0" Standard Bus Size Length 39'-6" Width 8'-0" Turning Radius 43'-6" 16. Off-Street Loading - The applicant has indicated that they intend to cater a hot lunch from their Olivet Baptist facility three times a week. These deliveries would be in addition to the daily loading and unloading of buses as well as the occasional delivery of supplies. Staff originally recommended that the applicant provide a 10' x 40' loading zone for deliveries. The applicant responded by designating one parking space (9'-5' x 18'-5") as a loading zone on the west side of the building, which is identified on the plan as a "van catering drop-off area." Staff finds that Planning Case Report 00-10 Page 6 6-2-00 Planning Case Report 00-10 this area should be adequate to accommodate deliveries and recommends that a condition of approval require all such deliveries are made to the drop area shown on the site plan in the western parking lot. 17. Signage - According to the Sign Code, churches and schools are allowed the following signage: · Two wall signs on the front wall totaling not more than 15 percent of the area of the front wall or 250 square feet, whichever is less. · One freestanding sign (two if located on a corner or more than one street frontage) not to exceed 75 square feet in size or 12 feet in height. The applicant's plan indicates that they intend to reface the site's two existing painted wood monument signs. These signs appear to be approximately 3' x 6' in size and 4 feet tall. These signs appear to be consistent with the sign standards for the R-l, Single Family Residential District. The plans state that one sign is located on the north side of the building and one is located at the parking lot entry on the south. The proposed new signage would be consistent in materials and style of existing signage for Hope Alliance Chapel. A new wood panel would be added to the bottom of the existing church sign for school identification. 18. Screening and Landscaping - According to the applicant, the site's landscaping is in conformance with the property's original conditional use permit. Staff recommended that the applicant consider adding some ornamental landscaping on the north side of the northwest corner of the parking area to screen the parking area from the adjacent residential properties. The applicant has agreed to plant five 3-4 foot shrubs from the City's approved plantings list in this area to provide additional screening. The plant types should be identified/approved by the Planning Commission. When conducting a site inspection, staff noticed that the existing wooden fence along the east side of the property is in need of repair. Staff recommends that a condition of approval require the applicant to repair and maintain this fence to ensure adequate screening of the site from the properties to the east. The applicant has agreed to repair the existing fence. 19. Snow Removal - Snow removal/storage areas are identified on the plan on the west side of the north parking lot and in the southeast corner of the property. 20. Exterior Lighting - The plans identify the following exterior lights on the property: · Two exterior security spotlights on west side of building · Surface mounted security light on north side of building over door · Surface mounted security light over door on northeast building corner near bus drop off/pick up area · Two exterior security spotlights on east side of building · Two sets of exterior recessed security downlights on east and southeast sides of building. 13. Interior Building Improvements · Emergency battery egress lights are shown at exits · Existing Fire Department lock box is identified · Smoke detectors in corridors, horns and strobes throughout building · All plans to be submitted to West Metro Fire for code review · Plans identify removal of several interior classroom walls to enlarge classroom space · ADA upgrades included in budget for improvements 14. Gate at South Entrance - With previous approvals, a gate was required to be installed at the south parking lot entrance and was required to be kept closed to prevent traffic cutting through Page 7 6-2-00 the parking lot. In reality, the gate has never been closed, traffic cutting through the parking lot has not been a problem, and .the Police and Fire Departments recommend that the gate be left open for quick.exiting in an emergency. Staff is not recommending a condition requiring the gate at the south entrance be closed. E. Planninq Considerations Excerpts from the Planning Consultant's report are included throughout this report and the complete report is included as attachment. F. Building Considerations The Building Official has indicated the interior improvements that the architect has proposed are sufficient to bring the building into general compliance with new standards, even though it is nearly 40 years old. For example, the school will occupy approximately 13,000 square feet and is under the 20,000 square foot threshold requiring auto fire sprinklers. Exit corridor materials will be code compliant. G. Legal Considerations A Conditional Use/Site Improvement Agreement will be required as a condition of approval. H. Engineering Considerations The City Engineer has indicated that the request provides for no changes to the exterior of the building or site improvements, therefore, an engineering review of the 4.2-acre site will not be provided at this time. I. Police Considerations Comments from the Police Department are included in this report, and the Department participated in the review of the plans. J. Fire Considerations The Fire Department participated in the review of these plans, and the plans note that all fire code related improvements are to be subject to the approval of West Metro Fire District. VIII. Summary The City Council approved a similar school use for this property in 1994. The current proposal is lightly larger but should only exist for the next three to five years while the applicant constructs a new facility in Maple Grove. This change in use will not require any exterior changes to the building. The proposed use is consistent with the City's Comprehensive Plan and the performance standards for properties in . the R-1 District. Therefore, staff finds that the school use should have little impact on the surrounding neighborhood. IX. Recommendation Staff recommends approval of a conditional use permit for the Hope Alliance Chapel to allow operation of Medicine Lake Lutheran Academy within the existing building located at 3351 Independence Avenue North, subject to the following conditions: 1. No outdoor extracurricular or physical education activities will be allowed on the Hope Alliance site. 2. All off-street parking for both students and staff is limited to the parking lot on the west and north sides of the church, and all bus loading and unloading occur only within the designated area, both as shown on the site plan. 3. All traffic access and exit the site from 34th Avenue, Hillsboro, and 36th Avenue as shown on staff exhibit, and a "right turn only" sign is placed at the northeast driveway as shown on the site plan. Planning Case Report 00-10 Page 8 6-2-00 4. All deliveries to the site occur within the designated area in the west parking lot as shown on the site plan. 5. The property owner install landscaping on the north side of the northwest corner of the parking area to screen the parking area from the adjacent residential properties as shown on the site plan, with plant types to be identified/approved by staff. 6. The property owner repair and maintain the wooden fence along the east side of the subject property to ensure adequate screening of the site from the properties to the east. 7. Maximum term of CUP is five years and maximum enrollment is 150 students, with application for CUP amendment necessary thereafter. 8. Conditional use permit agreement be executed between petitioner and City that states conditions of approval and establishes guidelines for ongoing operation of facility, including hours of operation, age limit, limit on number of staff/students, etc. to be drafted by City Attorney. Attachments: Address/Topo/Section Maps 5/25 Hope Alliance/RSP Correspondence 5/25 Medicine Lake Lutheran Academy Correspondence Revised Site Plan Sign Details Bus Size Information Revised Floor Plan Revised Floor Plan Notes Site Survey 1982 Site Plan/Notes Building Elevations Planner's Report City Engineer Memo Recommended Bus Route Map 1994 City Correspondence re: Previous Approval Application Log Planning Case Report 00-10 Page 9 6-2-00 32ND ............... 34-1/? AVE N. La ..... .......... ' ~J z ~- .. SONNESYN ............... ,~ ~ : ...................... ._ ~- .......... ELEMENTARY ......................... < ~ SCHOOL -- .34TH r..5 .AVE N ....... Z- -- ........... D. 34TH HOPE ..... ALLIANCE 33RD_AVE N z - - F. CT. __ . ..... ..... z ......... D --~-. - %'- · ~ ..... -~. ....... ~ -.- < - .. .--~ ..... :. .................. ....... c~--. . ....... -ri' ' ~ - ' - .... z r-' u~ _~ ~ --' ' 'Z' .. .... ~. . .-- > _ ~ -.: ~ .... ... z ~ ~ ....... 972,4 X X 970.5 :! '7.7 979.7 gTO.g x 972.9 g"?~.~ x x X 977.7 g61.8 x 779.5~~ =" X 982.7 x g~g. 3 · RSP Architects Ltd. 120 First Avenue North Minneapolis, MN 55401 http://vwwv, rspa rch.com FAX 612 · 339 · 6760 612 · 339 · 0313 ,fP Memorandum COMM. NO: CLIENT: SUBJECT: MEMO BY: DATE: 1199.001.00 Hope Alliance Chapel Scope of Work/Narrative Bonnie Krause ~//- 25 May 2000 Copy: Jeff Fuller, HAC Ben Clifton, MLLCA Steve Fautsch, RSP File 4 Attention: Kirk McDonald, Community Development Director New Hope, MN This narrative describes the intended Scope-of-Work for the existing Hope Alliance Chapel and Educational Building located at 3351 Independence Avenue North, New Hope, Minnesota. Hope Alliance Chapel is proposing to do minor changes to the educational portion of it's existing facility to accommodate Medicine Lake Lutheran Church and Academy's ninth (9) through twelfth (12) grade classes for the next three to five years. Starting in the Fall of 2000, enrollment would consist of 60 to 70 students and faculty with an anticipated growth to a maximum of 150 students and faculty. Hope Alliance Chapel would continue to use the Chapel and educational wing for Sunday Services and Sunday School programs. Hope Alliance Chapel would continue to maintain an office at the site during weekday hours. This office is for the Pastor and part time church secretary. Hope Alliance also holds programs on every other Friday night during the school year and an occasional church board meeting. INTERIOR BUILDING CHANGES The changes to the building interiors will be moving two interior walls to accommodate classrooms. Hope Alliance Chapel will be adding an approved fire alarm system as required by the West Metro Fire Department. They will also be upgrading the hardware on the four pairs of interior hallway doors and replacing all of the windows in the Multi-Purpose Room with either gypsum board infill panels or wired glass. This is in an attempt to create a safer pathway when exiting the building in the event of a fire. These requirements were done as requested by the City of New Hope and are indicated on the floor plan enclosed in this submittal. Hope Alliance Chapel is also using 20% of their budget towards accessible upgrades to the building as required by code. Hope Alliance will submit architectural and fire protection drawings to the City of New Hope and West Metro Fire for review as part of the building permit and inspection process. - EXTERIOR BUILDING CHANGES Hope Alliance Chapel is planning no changes to the exterior of the building or to the existing_site. Enclosed in this submittal for your information and review are a site plan and exterior buiidirig elevations from the City of New Hope's archives. These drawings have been verified with the existing conditions and were found to be accurate with respect to the items listed on the Design Review Checklist. MEMORANDUM Scope of Work/Narrative 25 May 2000 Page 2 The existing parcel is a 4.2 acre site with a sanctuary and educational wing. All landscape has remained as indicated on the site plan and has matured. Parking facilities include a total of 181 stalls with five of those stalls being designed as accessible parking spaces. Also included for your review, is a schematic site plan that indicates proposed bus drop-off.and pick-up area, bus routes and turn around radius, number of existing parking stalls, designated parking areas for Medicine Lake Lutheran Academy students and staff, existing site lighting and snow removal storage areas. Currently there is no existing signage mounted on the exterior of the building and no additional mounted building signage is planned. Signage for the site consists of two 4'-0" tall simple signs. See schematic site plan for details. Proposed signage would consist of a small additional sign added below the.current signage at each of the two locations. A "Right Turn Only" sign is planned for the north entry to control bus traffic to Hillsboro. This sign will conform to the City of New Hope sign requirements. See schematic site plan for possible sign alternatives. Additional landscaping will be added for screening along the north side of the site to screen headlights into the adjacent property owner. Three (3) or four (4) foot ornamental trees or shrubs are planned for this area. These plants will be chosen offthe City of New Hope's approved plant material list. The parking lot is striped as indicated on the existing site plan. Hope Alliance Chapel is reviewing its condition and evaluating restriping in the future as a maintenance item. Some concern was expressed about the condition of the existing wood fence along the east side of the property. During the last period of high winds the existing fence and fence posts incurred damage. Hope Alliance Chapel has contacted their insurance company and is working to have the fence repaired this summer. All additional building information, adjacent streets, and amenities are accurate as indicated per the existing site plan documents enclosed for your information and review. Attached is a summary of Medicine Lake Lutheran Church and Academy's Mission, student profile, hours of operation, anticipated traffic impact on the area and intended use of this site to meet their school program needs. Attachments BK: tip D HopeAlltance MSO8bk. doc FROM : MEDICINE LAKE LUTHERAN ACADEMY PHONE NO. : 531 084? Ma~. 25 2000 07:47AM P2 Medicine Lake Luther'a Academy ~ Secondary School, Grades 7 34L~ Louishrm Avenue Nm'th, (~'ysta~ MN $54Z7 Phone: (7~3) ~ Fax: (763) ~31-0~7 ~mail: beliflomnlla~aoLcom IllI II I I IIIII I IIII ____ IIIII 25 May 2000 COMM. NO: CLIENT: 1 I99.001.00 Hope Alliance Chapel SUBTECT: MEMO BY: Scope of work Narrative Medicine Lake Lutheran Academy Attention: Kirk McDonald, New Hope, Community Development Director This Narrative descn'bes the intended scope of work for the existing Hope Alliance Chapel and educational building located at 3351 Independence Avenue North, New Hope, Minnesota.' New Hope Alliance Chapel is proposing to do minor changes to the educational portion of it's existing facility to accommodate Medicine Lake Lutheran Academy's ninth (9) through twelfth (12) grade classes for the next 3 to 5 years. Starting in the Pall of 2000, enrollment would consist orS0 to 70 students and faculty with an anticipated growth to a maximum of I50 students and faculty. Below is a sumrtlary of Medicine Lake Lutheran Church and Academy's mission, intended use, hours of operation, trail% impact on area and student type. CHURCH Medicine Lake Lutheran Church congregation exists to serve our community. We believe the best way to serve is to bring the message of Christ in God's Word with compassion and clarity. We are an evangelieah conservative Lutheran community with a sincere desire to be of spiritual encouragement and blessing to you. Medicine Lake Lutheran Church sponsors Medicine Lake Lutheran Academy. The Medicine Lake Lutheran Church is located at 3110 East Medicine Lake Blvd., Plymouth, MN 55441. SCHOOL The Medicine Lake Lutheran Academy staffis dedicated to. the education of our students. Our first priority in education is to_ensure that our students have a personal relationship with Jesus Christ. Our second priority is to provide a Christ-centered, quality-learning environment that will foster intellectual and spiritual development and promote positive interaction among our students. We also strive to prepare our students to live and compete in the community. In addition, we believe that all persons in our school have the "Training Students for Christian Servanthood" FROM : MEDICINE I.J:IKE LUTHERAN ACADEMY PHONE NO. : 5-31 8847 Mag. 25 2800 07:47AM 'P3 · right to a safe, respectful and productive learning environment. The Medicine Lake Lutheran Academy K-11 grade is currently located at 3415 Louisiana Avenue North, Cry~tal, M1N 5542'/. The proposed scope of work would relocate grades 9-I2 to the Hope Allianc, Chapel at 3351 Independence Avenue North, New Hope, MN. Medicine Lake Lutheran Academy selects its students after an extensive interview process with both the student and the parents. Interviews subjects cover past academic results, citizenship examples, atMetic actvities, Friendships, past disciplinary issues and the student's personal belief in Jests Christ. Interviews are conducted with the parents and students together and separately and the student must have a strong desire to attend the Academy and become a MLLA student. Acceptance is not automatic and students in the past have been turned down or else accepted on a probationary per/od. The SChool hours arc tentatively planned to be from 8:30 a.m. to 3:30 p.m. This will then allow students dropping off's~blings at the MLLA elementary location of Olivet Baptist to be able to get to Hope Alliance on time. The students would not be allowed to hang around school after 5 p.m. At 5 p.m. the Hope Alliance Chapel would revert from a school to a church and our staffwould go home. Students hanging around are not considered to be a problem as virtually all of' our small number of students is involved in sports, cheerleading, or other activities. These activities would take place where basketball courts, soccer fields, baseball/softball diamonds e:cist. There are no such facilitie~ at Hope Alliance Chapel. Traffic impact would involve personal vehicle drop-offand pick up during thc start and the end of school. The drop ofttimes would be approximately 8:15 a.m. and 8:30 a.m. Pick up times would be from 3:25 p.m. to 3:40 p.m. A school bus would drop off.at g:20 a.m. and P.;ck up at 3:35 p.m. The bus would travel from 36 Avenue and then south on I-Iillsboro Avenue North. The bus will then mrn west on 34th Avenue and enter thc north parking lot of Hope Alliance Chapel. The bus will make a turn about in the north parking lot and exit once again on 34~ Avenue. It will travel north on Hillsboro Avenue North and go to 36~ Avenue and continue on its normal nm. Students will be loaded and unloaded at the north curb in the north or 34~h Avenue parking lot. A sign stating '~Right Turn Only" will be located at the north parking lot exit and the fight turn would be on 34~ Avenue going east. A memo will be sent to all parents, students, and staff of' the proposed high school asking for them to comply with this travel arrangement. An additional sign would be placed in the immediate north parking lot prohibiting parking in the area the bus will make its turn and off-load/on-load students at the north curb. This would be a movable sign and only be used during school days Monday through Friday. Per our Academy requiremems, students are not allowed to leave the church building and sit in their ~ during the school day. They are not allowed to leave the school except with written parent approval. Physical Education (gym) has one semester required for 9th to 12ch grade. We are planning to have a school bus leave the school two days per week some time .axCter 12:30 p.m. and take 10 to 20 students to an offsite exercise area. This bus would then return in time to provide the normal bus transportation from MLLA to their home as d~scribed elsewhere. This would be from September to December or January to May. ~ ~1~0 07: 4f~M P4 : MEDICINE LAKE LUTHERAN ACADEMY PHONE NO. : 531 0847 May~ Parking at Hope Alliance would consist of Mrxiicin¢ Lake Lutheran Academy staff, visitors and students. Please refer to the site plan for parlcin8 space location. We have no commercial vehicles that would visit our site on a normal basis, h is intended that we be able to cater a hot meal three times per week from our Olivet Baptist facility to the Hope Alliance Chapel. The other two days would be sack lunch or cold lunch days, These cold lunches are brought by the students and are not catered. The unloading area for the private vehicle that would deliver the catered food three days a week would be the west parking lot with the exihy nearest the kitchen. The private vehicle would unload the food and then park in the StaffParicing spaces. Medicine Lake Lutheran Academy currently consists of K-11 grade for the 1999/2000 school year. The Academy has traditionally had K through g and has been expanding the 9-12 grades as their students moved upward into the higher grades. The next school year of 2000/2001 has required the additional space of another facility other than Olivet Baptist. Other facilities were looked at and Hope Alliance Chapel was selected due to the similar religious viewpoints of Medicine Lake Lutheran Church and Hope Alliance. Another very important consideration was the closeness of Hope Alliance and our facility at Olivet Baptist.. The school year for Medicine Lake Lutheran Academy generally starts after Labor Day weekend and runs through the Friday just be/om Memorial Day. The academy is run on the semester system and reco~ ;~es holiday breaks at Thanksgivln~, Chri.gtmas and Easter. Additional three and four day weekends could occur during the school year. After-school activities would take place around 5-8 times per school year. These would be activities that mn from 7 p.m. to 9 p.m. Examples of these activities would be Christmas Choral programs, Career Night, High School Open House Night, and other similar activities. They are all family activities. Due to the small number of our students, the attendance would be quite small and the available church parking spaces would be n~fficient. A small adminisia-ative staffis maintained over the n~mmer months and the number would be 5 or less. It is my hope and prayer that the information supplied above will prove adequate for your usage. Sincerely In Christ, Ben Clit~on Secondary Administrator 6126777102 RSP ARCHITECTS 488 P03 MAY 31 '0~ 08:45 ., i i N :lnN:l^V Hl178 ;I NOTE: BOTH SIGNS 'A' AND 'B' ARE EXISTING PAINTED WOOD SIGNS. SIGN 'A' IS LOCATED ON THE NORHT SIDE OF BUILDING. SIGN 'B'LOCATED AT THE PARKING LOT ENTRY TO THE SOUTH. PROPOSED NEW SlGNAGE WOULD BE CONSISTANT IN MATERIALS AND STYLE OF ExiSTING SIGNAGE FOR HOPE ALLIANCE CHAPEL. 6'-6' , IO'-O'AT SIGN 'B' J TOP VIEW EXISTING HOPE ALLIANCE CHAPEL WOOD SIGN ~PROPOSED NEW WOOD SIGNAGE MATCH EXISTING STYLE FRONT VIEW PAINTED 4'x4'POSTS SIDE wEw QEXISTING SITE SIGN 1/2' = 1'-0' 24"× 24'.N0 LEFT TURN SYMBOL REFLECTIVE SCREENED ALUMINUM 2,4' W x 18' H , WHITE/BLACK LETTERS REFLECTIVE SCREENED ALUMINUM1 RIGHT TURN ONLY ('RIGHT TURN PROVIDE ONE METZ',= TRAFFIC SIGN: CONF[RN! SZE ~ND STYLE WiTH CITY OF NE~r HOPE ONLY" SIGN ~ECU~,~ ~,~.~ ~ ? I~XTERIOR SECURITY ~ SEE 2/~2 BUS DROP OFF PICKUP INDEP~ V Z !,.I..I --NEW "RIGHT TUR: SIGN SEE 3/A2 GENERAL NOTES I. MEDICINE LAKE LUTHERN ACADEMY BUS SIZES BUS ~1 BUS =2 SEATING CAPACITY 71 71 HEIGHT FROM GROUND 9'-9" 9'-9" BUS WIDTH 7'-I1' 7'-I1" WHEEL BASE 21'-4" 22'-9" BUMPER TO BUMPER LENGTH 35'-3" 37'-0" 2. STANDARD BUS SIZE LENGTH = 39'-6" WIDTH = 8'-0" TURNING RADIUS : q3'-6" ~126777102 RSP ARCHITECTS 480 P02 MAY 31 '0~ 08:~5 .i t.[lli FIRE ALARM SYSTEM GENERAL NOTES: PROVIDE THE FOLLOWING: t. SMOKE DETECTORS IN CORRIDORS. 2. SMOKE AND HEAT DETECTORS IN STORAGE AND MECHANICAL ROOMS. 3. PULL STATIONS AT ALL EXITS. THE KEYS FOR PULLS MUST MATCH THE FIRE ALARM PANEL. 4. HORNS AND STROBES THROUGHOUT THE BUILDING. 5. FIRE ALARM PANEL WITH RESET BUTTON. MUST BE A RATED PANEL, STAND ALONE FROM THE SECURITY SYSTEM. 6. SYSTEM MUST BE MONITORED BY A CENTRAL STATION. 7. NOTE: EXISTING FIRE DEPARTMENT KEY BOX IS LOCATED ON OUTSIDE WALL NEAR OFFICE 9 BY EXTERIOR DOORS. 8. SUBMIT PLANS TO WEST METRO FIRE FOR CODE REVIEW AND TO STATE FIRE MARSHAL, JOHN MISJA, 65t-215-0500 FOR APPROVAL OF INSTALLATION. FLOOR PLAN KEYNOTES I. PROVIDE NEW~/4"WIRED GLASS IN HM FRAME. 2. PROVlDE~"GYP BD ON BOTH SIDES OF 35/8"MTL STUD INFILL. 3. PROVIDE LOCKERS ON HALLWAY SIDE OF WALL. 4. PROVIDES/8'' GYP BD ON ONE SIDE OF 35//8'' MTL STUD INFILL. 5. PROVIDE NEW PARTITION, LOCATE UNDER WOOD BEAM ABOVE, SEE SYMBOLS FOR PARTITION TYPE. [] FLOOR PLAN DEMO NOTES I. REMOVE EXISTING GLASS & WOOD FRAME. 2. REMOVE EXISTING GLASS AND WOOD FRAME, PREPARE FOR NEW OLASS. 3. REMOVE EXISTING COAT RACK & SHELF. 4. RELOCATE THERMOSTAT TO ADJACENT WALL. 5. RELOCATE ELEC. OUTLETS TO ADJACENT WALL. 6. REMOVE EXISTINO PARTITION. DOOR SCHEDULE EXISTING 20 MIN DOOR AND HARDWARE TO REMAIN UNLESS NOTED OTHERWISE. NOTE: I. PROVIDE CLOSER AND LEVER TYPE HARDWARE TO MATCH EXISTING. 2. PROVIDE LOCKINO LEVER TYPE HARDWARE TO MATCH EXISTING. QEXlSTINO 90 MINUTE, SOLID WOOD DOOR WITH, CLOSER, PANIC BAR/PULL HARDWARE, AND HOLLOW METAL FRAME. PROVIDE NEW SMOKE OASKETS. EXISTING DOOR TO REMAIN = EXISTING METAL, FULL GLASS, CLOSER, PANIC BAR/PULL HARDWARE. EXTERIOR LOCKING CYLINDER, WITH HOLLOW METAL FRAME. EXISTING DOOR TO REMAIN = EXISTING WOOD, FULL OLAS$,CLOSER, PUSH/PULL HARDWARE, WITH HOLLOW METAL FRAME. GENERAL NOTES I. MEDICINE LAKE LUTHERN ACADEMY BUS SIZES BUS "1 BUS "2 SEATING CAPACITY 71 71 HEIGHT FROM GROUND 9'-9" 9'-9" BUS WIDTH 7'-I1' WHEEL BASE 21'-4" 22'-9' BUMPER TO BUMPER LENGTH 35'-3" 37'-0" 2. STANDARD BUS SIZE LENGTH = 39'-6" WIDTH = 8'-0" TURNING RADIUS = 43'-6" .? LOCK BOX BUILDINO CODE SUMMARY UNIFORM BUILDING CODE, 1997 EDITION (97 UBC) A. OCCUPANCY GROUP: B. REOUIRED SEPARATION: C. TYPES OF CONSTRUCTION: A-2.1 SANCTUARY A-3 MULTI-PURPOSE ROOM E-I EDUCATIONAL A-2.1/E-I A-3/E-I TYPE V-IHOUR EXTERIOR BEARING WALLS INTERIOR BEARING WALLS EXT NON-BEARING WALLS STRUCTURAL FRAME PARTITION-PERMANENT SHAFT ENCLOSURES FLOOR-CEILINGS/FLOOR ROOFS-CEILINGS/ROOFS HOUR HOUR HOUR HOUR HOUR HOUR HOUR HOUR D. ALLOWABLE FLOOR AREA: SANCTUARY A-2.1(TYPE V- IHR)- 10,500 SF MULTI-PURPOSE A-3 (TYPE V- IHR)- 10,500 SF EDUCATIONAL E-I(TYPE V- IHR)- 10,700 SF E. OCCUPANCY CALCULATIONS: 1,353 OCCUPANTS PER TABLE IO-A, PAGE I-t25,1997 UBC. ACTUAL USE= t50 STUDENTS & TEACHERS. TOTAL ACTUAL OCCUPANTS= 153. F. REOUIRED CALCULATED EXIT WIDTH: t53 ACTUAL OCCUPANTS x .2 INCHES/OCCUPANT= 30.6" OF REOUIRED EXIT WIDTH. TOTAL PROVIDED EXIT WIDTH= 205.6" t .... : I NwA NORTHWEST ASSOCIATED COMMUNITY PLANNING - DESIGN CO N S U LTA N TS MARKET RESEARCH PLANNING REPORT TO: FROM: DATE: RE: FILE: Kirk McDonald Jason Lindahl/Alan Brixius May 30, 2000 New Hope - Hope Alliance Chapel (CUP to Allow Medicine Lake Lutheran Academy) 131.00 - 00.07 BACKGROUND The applicant, Hope Alliance Chapel, is requesting approval of a conditional use permit (CUP) to allow operation of Medicine Lake Lutheran Academy within the existing building located at 3351 Independence Avenue North. The Academy is intended to be temporary and should operate for three to five years. The subject property is zoned R-l, Single Family Residential and educational and religious buildings are a conditional use within this district. The City Council did approve a conditional use permit to allow a similar school at this location in 1994; however, that school never actually began operation. Attached for Reference: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Site Plan Traffic Circulation Map Scope of Work Narrative From RSP Architects Scope of Work Narrative From Ben Clifton of Medicine Lake Lutheran Academy. RECOMMENDATION Staff recommends approval of a conditional use permit for the Hope Alliance Chapel to allow operation of Medicine Lake Lutheran Academy within the existing building located at 3351 Independence Avenue North. This recommendation is based on the findings contained in this report and subject to the conditions outlined below. No outdoor extracurricular or physical education activities will be allowed on the Hope Alliance site. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 612-595-9636 FAX 612-595-9837 E-MAIL NAC@ WlNTERNET.COM 2. All off-street parking for both students and staff is limited to the parking lot on the west side of the church as shown on the site plan. 3. Bus loading and unloading occur only within the designated area as shown on the site plan. 4. All traffic access and exit the site from 34th Avenue, Hillsboro and 36th Avenue as shown on Exhibit B.. 5. A "Right Turn Only" sign is placed at the northeast driveway as shown on the site plan. 6. All deliveries to the site occur within the designated area in the west parking lot as shown on the site plan. 7.' The property owner install landscaping on the north side of the northwest corner of the parking area to screen the parking area from the adjacent residential properties as shown on the site plan. 8. The property owner repair and maintain the wooden fence along the east side of the subject property to ensure adequate screening of the site from the properties to the east. ISSUES ANALYSIS Comprehensive Plan The City's Existing Land Use map indicates that the subject property is surrounded by single family residential units. According to the Comprehensive Plan, this use is consistent with the proposed educational / religious use. Compatibility Site Changes The applicant plans minor interior and landscaping changes. No exterior building design changes are proposed. As a result, staff's analysis will focus on operational, rather than site design, issues. Students and Faculty Initially, the school intends to have between 60 and 70 students in grades 9 through 12. Enrollment could grow to a maximum of 150 students and staff. The applicant has indicated that this is a temporary facility to be used by the school for the next three to five years while they build a new facility in Maple Grove. According to Ben 'Clifton, Secondary Administrator for Medicine Lake Lutheran Academy, this institution goes through an extensive interview process with all students and parents. These interviews focus on academics, citizenship, athletics, friendships, past disciplinary issues, and the student's personal belief in Jesus Chdst. Acceptance is not automatic and in the past students have be turned down or accepted on a probationary basis. Hours of Operation The school intends to operate between the hours of 8:30 a.m. and 3:30 p.m. Students will begin arriving by bus and car around 8:15 a.m. Pick up of students after school should be complete by 3:40 p.m. The church will continue to operate its normal hours. This includes Sunday activities, regular weekday office hours, Friday evening programs, and occasional board meetings. Therefore, staff finds that the vast majority of activity generated by the school would occur during regular work hours when most residents are not home. Outside Activities According to the applicant, students are not allowed to congregate in parking areas at any time. In addition, they are not allowed to leave the building without prior written approval. The church site does not have recreation areas to conduct physical education class. Therefore, the applicant intends to either conduct these classes at an off-site health club or alter the curriculum to eliminate outside activities. Since the church does not have recreation areas, no extracurricular activities will take place on site. Performance Standards Setbacks Yard Existing Required Status Front 108 ft. 30 ft. Compliant Side (North) 120 ft. 30 ff. Compliant Side (South) 136 ft. 30 ft. Compliant Rear 132 ft. 25 ff. Compliant The chart above outlines the setback requirements for public, educational and religious buildings in the R-1 District. Currently, the building meets all of these setback standards. Parking According to Section 4.036 (10) (g) of the City Code, churches are required to provide one (1) off-street parking stall for every three (3) seats based on the design capacity of the main assembly hall. The church has 181 off-street parking stalls which meets the standard for this type of use. According to Section 4.036 (10) (f) of the City Code, schools are required to provide one (1) off-street parking stall for each seven (7) students and one (1) additional stall for each three (3) classrooms. Based on the maximum enrollment of 150 students and staff, the school is required to provide 25 stalls (7/150=21 + 3/11=4). According to the applicant, students and staff will need approximately 45 off-street parking stalls. Students must receive a parking permit to park in the parking lot. Staff recommends that a condition of approval require all off-street parking for both students and staff to be limited to the parking lot on the west side of the church. This will help lessen the impact of the school on the surrounding residential uses. The church and the school will not operate at the same time. Therefore, staff finds that these two uses can share the existing off-street parking. Traffic Circulation According to the applicant, students will come to the school by both car and bus. Staff recommends that a condition of approval require all bus loading and unloading to occur within the designated bus loading and unloading area as shown on the site plan. The applicant has demonstrated that the site has adequate turning area for buses. All traffic will access and exit the site from 34th Avenue, Hillsboro and 36th Avenue (see Exhibit B). A "Right Turn Only" sign will be placed at the northeast driveway for exiting traffic. Off-Street Loading The applicant has indicated that they intend to cater a hot lunch from their Olive Baptist facility three time a week. These deliveries would be in addition to the daily loading and unloading of buses as well as the occasional delivery of supplies. Staff originally recommended that the applicant provide a 10' X 40' loading zone for deliveries. The applicant responded by designating one parking space (9.5' X 18.5') as a loading zone. Staff, finds that this area should be adequate to accommodate deliveries and recommends that a condition of approval require all such deliveries are made to the drop area shown on the site plan in the western parking lot. Signage According to Section 3.473 (1) and (2), churches and schools are allowed the following signage: Two wall signs on the front wall totaling not more than 15 percent of the area of the front wall or 250 square feet, whichever is less. One freestanding sign (two if located on a corner or more than one street frontage) not to exceed 75 square feet in size or 12 feet in height. The applicant's plan indicates that they intend to reface the site's two existing monument signs. These signs appear to be approximately 3' X 6' in size and 4' tall. These signs appear to be consistent with the sign standards for the R-l, Single Family Residential District. Screening and Landscaping According to the applicant, the site's landscaping is in conformance with the property's original conditional use permit. Staff suggests that the applicant consider adding some ornamental landscaping on the north side of the northwest corner of the parking area to screen the parking area from the adjacent residential properties. The applicant has agreed to plant 5, 3' to 4' shrubs from the City's Approved Plantings list in this area to provide additional screening (see Exhibit A). When conducting a site inspection, staff noticed that the existing wooden fence along the east side of the property is in need of repair. Staff recommends that a condition of approval require the applicant to repair and maintain this fence to ensure adequate screening of the site from the properties to the east. No Depreciation in Value The proposed use is consistent with the City Comprehensive Plan and the performance standards for properties in the R-1 District. In addition, the proposed use will not require any exterior changes. Therefore, staff finds that the school use should have little impact on the surrounding neighborhood. CONCLUSION The City Council approved a similar school use for this property in 1994. The current proposal is slightly large but should only exist for the next three to five years while the applicant constructs a new facility in Maple Grove. This change in use will not require any exterior changes to the building and appears to be in compliance with all the applicable performance standards. Bonestroo Rosene Ancler. lik& l llAssoc, es Engineers & Architects MEMORANDUM To: Kirk McDonald ~ cc: Vince Vander Top From: Subject: Bon~stroO. ROsel)l, Anderlllc Mid A~soclates. Inc, IS'Mt Afflrffl~tfve ActiOn/Equal Oppnrtunfty. Emplo3~r and Employee Owned Pr;ncIptlls: Otto r:. BOnestroo0 RE. · Marvin L, $oryala. RE. · Glenn R. CooK. P.E:. · Rol~ett CS, Schunlci~t, P.E., Jerry A. Bourclon. PG., Senler Cofltultarlts: Robert W. Roqene., P~- · Josep~ C- A~qderllK, P.F. * Richard E. turner, P:.E, · Susan tel EI)erllfl, (_P.A. Associate Principal#; Howar4 A. Sa~,.d, RE. · Kelm ~- Oration, P.E. ·Rnbett R. P~'etterle. P.F., * A~ch#r~ VI. Foster. P.~. · Davfd O, LOlS~ta, RE. · ROD~ ~- Rossek, A.LA. · Mark A. Han~Gn, RE. · MiChael T. RaUtmann, p.r. · Ted KJ:leld, RE. · Kenneth R Anderson, R~'. · Mark R. Rolf~. RE'. · DavKI A. Bor~stroo, M.D.A · Sickley R WJlliamson. RE, I-S. · A.clfle5 M. Rltqg, M.B.A. ~ ,~llot~ Ritk Scnmlclt. RE; Off)CaSt SL P.auL St. Cloud, Rocl~ester and Willmar, MH · MffwauKee. WI ~el~lll~ wWW. bonestrc)o,¢om Mark Hanson Hope Allianc~ Chapel - Interior Modification File 34-Gan, BO0-10 05/30/00 13:23 ~ :02/02 N0:532 · ":iii · Dnte: May 30, 2000 ........ ,~. ....... The above request provides for no changes to the exterior of the building or site improvements. Therefore, we will not provide an engineering review of the 4.2-acre site at this time. MAH:crw I:k34\34Gen\WoroAHopeAllianceMcmo'May30 2335 ~Vest Highway 36 · St. Paul, MN 55113 u 6S1-636-4600 · Fax: 651~636-1311 AVE ~ JORG~]4SON 1ND 3,00, · u I ,J~RGEi~,C T 4401 Xylon Aveoue North New Hope. Mtnnesota 55428-4898 Telepl~one : TDD Line: 612-531-5100 612-531-5109 Ctty Hall Fax: ~o~ ~', ~ ~ -:~' "-~ ': Police Fax: #612-E3: -E ~ - Public Works Fax: ~612-553- ."EE. July 27, 1994 Pastor Wendell Nelson Hope Alliance Chapel 4205 Lancaster Lane N. Plymouth, MN 55441 Vince Svaldi Special Ed. Administrator District No. 287 Hennepin Technical College 1820 N. Xenium Lane Plymouth, MN 55441 Nate Rathjen Beautiful Savior Lutheran Church 3351 Independence Avenue N. New Hope, MN 55427 Subject: REQUEST FOR CONDITIONAL USE PERMIT AMENDMENT TO ALLOW EDUCATIONAL CLASSES AT BEAUTIFUL SAVIOR LUTHERAN CHURCH Dear Pastor Nelson, Mr. Svaldi and Mr. Rathjen: Please be advised that on July 25, 1994, the New Hope City Council approved the request for a Conditional Use Permit Amendment to allow Hope Alliance Chapel/Beautiful Savior Lutheran Church to lease space to District No. 287 for purposes of conducting educational classes, as submitted in Planning Case 94-18. subject to the following conditions: 1. Conditional Use Permit Agreement to be drafted by City Attorney be executed between petitioner and City that establishes conditions of approval and on-going operation of facility, including hours of operation, limited to K-6 grade students, limited to a total of 50 staff and students combined. 2. The right turn sign be installed on the northerly exit to funnel the traffic onto 34th Avenue. 3. The gates on the south entrance/exit to be closed. 4. "No Th.rough Traffic" signs be installed at 34th entrance/exit. 5. Bus traffic to enter and exit through north entrance. 6. Annual review by staff. The City will proceed to prepare a Conditional Use Permit Agreement and will forward it to the parties involved for execution within a short time. Please keep the City informed as to the status of the lease with the School District and the purchase agreement between the churches. Family Styled City ~ For Family Living 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 Phone information extension extension was missing or waiver 00-10 Hope Alliance Chapel 5/12/00 7/11/00 9/9/00 3351 Independence Ave N Attn Jeff Fuller Rev Ken Berg w-723-8992 Medicine Lake Lutheran Academy 3415 Louisiana Ave N Crystal 55427 531-0845 Ben Clifton B. C. D. Boxes A-C and E-F will always be filled out. Whether the other boxes are filled out depends on the City's procedures and the date of a specific application. Assign each application a number. List the Applicant (name, address and phone). List the date the City received the application. List the date the City sent the Applicant notice that required information was missing. If the City gives such notice, it must do so within 10 business days after the date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line. To calculate the 60-day limit, include all calendar days. To calculate the 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 Boxl 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. Memorandum To: From: Date: Subject: Planning Commission Members Kirk McDonald, Director of Community Development June 2, 2000 Miscellaneous Issues NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional detail on CounciI/EDA/HRA actions. It is not required reading and is optional information provided for your review, at your discretion. 1. May 8 Council/EDA Meetinqs - At the May 8 Council/EDA meetings, the Council/EDA took action on the following planning/development/housing issues: A. Proiect #686, Resolution Awarding Contract for the Construction 2000 Backyard Drainaqe Improvements: Approved, see attached Council request. B. Project #668, Motion Authorizinq Staff to Proceed with .Activities to Prepare for Demolition of 6003 West Broadway: Authorization granted, see attached Council request. C. Project #685, Motion Authorizinq Staff to Neqotiate the Purchase of 7105 62nd Avenue: Authorization Granted, see attached Council request. D. Project #690, Motion Authorizinq Staff to Neqotiate for a Potential Purchase of 3041 Gettysburg Avenue: Authorization granted, see attached Council request. E. Planninq Case 00-05, Request for Rezoninq from R-O to B-3, Site/Buildin.q Plan Review, and CUPs to Allow a Convenience Store with Gasoline, Outdoor Sales, Shared Driveway Access, and a Special Size Loading Berth, Speedway SuperAmerica: Council did not approve the rezoning to B-3 and directed the City Attorney to prepare findings of fact for denial, which will be presented at the June 12 Council meeting. F. Planninq Case 00-06, Request for CUP to Allow a Golf Course Clubhouse as a Recreational Use in an R-1 District, a CUP for Reduction in the Size of the Loadinq Area, and Site/Buildinq Plan Review for the Construction of a New Public Golf Course Clubhouse, City of New Hope/Village Green Golf Course: Approved, subject to the conditions recommended by the Planning Commission. G. Planninq~Case 00-07, Request for Variance to the Front Yard Setback Requirement and Site/Buildinq Plan Review for a Building Addition, City of New Hope/Public Works: Approved, subject to the conditions recommended by the Planning Commission. H. Planninq Case 00-08, Request for CUP to Allow a Front/Side Yard Loadinq Berth on a Corner Lot, CUP to Allow a Deferred Parkinq or "Proof of Parkinq" Designation, Site/Buildinq Plan Review, FLS Properties MN General Partnerships/Safcn: Approved, subject to the conditions recommended by the Planning Commission. I. Project #669, Motion Authorizinq Staff to Proceed with Activities to Prepare for Demolition of City-Owned Commercial Buildinq at 5550 Winnetka Avenue: EDA authorized demolition of building, see attached EDA request. West Metro may utilize the building as a training opportunity. Staff was asked to contact the owner of 7809 Bass Lake Road regarding a potential purchase of that proPerty. J. Discussion Regarding Potential Redevelopment at 3601 Winnetka Avenue and Request for Financial Assistance for Demolition Activities: The consensus of the EDA was not to pursue at this time, see attached EDA request. May 22 Council/EDA Meetinqs - At the May 22 Council/EDA meetings, the Council/EDA took action on the following planning/development/housing issues: A. Resolution Callinq for a Public Hearinq on the Proposed Adoption of Business Subsidy 4. 5. 4. Criteria: Approved, see attached Council/EDA request. B. Project #673, Approval of Plans and Specifications and Call for Bids for Liberty Park Play Equipment Replacement Project: Approved, see attached Council request. C. Project #612, Motion Approving Final Payment to Fair's Nursery in the Amount of $4,517 for Landscaping at 5629 Wisconsin Avenue: Approved final payment, see attached Council request. D. Project #660, Resolution Approving Change Order for Pile Drivinq for 8808 41st Avenue: Approved, see attached Council request. E. Project #656, Approval of Plans and Specifications and Call for Bids for Golf Course Clubhouse Replacement Project: Approved, see attached Council request. F. Project #656, Approval of Plans and Specifications and Call for Bids for Golf Course Parking Lot Replacement Project: Approved, see attached Council request. G. Project #671, Motion Approving Plans and Specifications and Callinq for Bids for the Public Works Facility Shop Expansion: Approved, see attached Council request. H. Project #688, Motion Approving Plans and Specifications for City of New Hope Illuminated Pylon Sign with Electronic Messaqe Center to be Located at 8100 42"d Avenue and Authorizing Staff to Seek Bids: Approved, see attached Council request. I. Resolution Authorizinq Release of Financial Guarantee for 8201 54th Avenue, Planninq Case 98-23: Approved, see attached Council request. Staff was directed to work with new owners on other issues. Codes & Standards Committee - Codes & Standards did not meet. Design & Review Committee - Design & Review met on May 18 with Hope Alliance Chapel. Comprehensive Plan Update Committee - The Committee did not meet in April. Zoninq Code Update Committee - The Committee's met on May 31 to review the final preliminary draft of the Zoning Ordinance. Project Bulletins - Enclosed for your information are project bulletins on the Cooper High School gymnasium addition and tennis court project and 8808 41st Avenue (Habitat project). Revised Planninq Commission Schedule - A revised schedule is enclosed with the Planning Commission meeting dates of Tuesday, July 11 (one week late) and Wednesday, August 2, as established at the May meeting (separate enclosure). The application filing deadline for the July meeting is June 9, and it appears that there will be at least one application (Avtec Finishing Systems for a building expansion), so a July meeting is being scheduled. Miscellaneous Issues; A. City staff continued to work on the following potential developments: 1) KFC at Winnetka Center 2) No further action on Navarre, A.C. Carlson, or 36th & Winnetka site 9. Miscellaneous Articles - Excerpts from Zoning Bulletin are enclosed for your information. Attachments: 2000 Backyard Drainage Improvements 6003 West Broadway 7105 62nd Avenue 3041 Gettysburg Avenue 5550 Winnetka Avenue 3601 Winnetka Avenue Business Subsidy Criteria Liberty Park Play Equipment Replacement 5629 Wisconsin Avenue 8808 41st Avenue Pile Driving Change Order. Golf Course Clubhouse - Approval of Plans and Specifications Golf Course Clubhouse Parking Lot Replacement - Approval of Plans and Specifications Public Works Shop Expansion - Approval of Plans and Specifications City Sign 6201 54~h Avenue - Release of Financial Guarantee Project Bulletins Miscellaneous Articles ' COUNCIL RF. UI 'I' FOR ACTION Originating Depa~ U~ent Appwved for Agenda Agenda SecUon Public Works ,~May 8, 2000 Consent Item No. By: Guy Johnson BT: / 6.9 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENT PROJECT NO. 686 (2000 BACKYARD DRAINAGE IMPROVEMENTS). REQUESTED ACTION Staff requests approval of a resolution awarding the contract to the Iow and responsible bidder, G L. Contracting, in the amount of $15.255.00 BACKGROUND The 2000 Backyard Drainage Proiect ~ncludes plaang drainage piping to collect nuisance water from the backyard of 4692 Gettysburg Avenue North. and reshaping the area to drain into the p~:)~ng Construction is expected to beg~n the week of May 17, 2000, and is to be completed (~nclud ng restoration) by June 7, 2000 FUNDING Proposed revenue source for the project ~s the Storm Water Utility Fund. There were fourb~ds received forthis project, the bids are as follows· G L Contracting $15.255.00 Dave Perkins Contracting S 16.122.00 Penn Contracting $16.234 00 Burschville Constuct~o,n $19,105.00 ATTACHMENTS A copy of me bid sheets and the resotut~on are attached MOTION BY SECOND BY TC): COUNCrA ~ R.E~~T FOR ACTION Orlgmat. tng DepazU~ent Approved for A~enda Agenda Secuon Community Development ~ Consent / 5-08-00 Item No. Susan Henry / By:Community Development Specialist By:. / / 6.10 MOTION AUTHORIZING STAFF TO PROCEED WITH ACTIVITIES TO PREPARE FOR DEMOLITION OF 6003 WEST BROADWAY (IMPROVEMENT PROJECT #668) REQUESTED ACTION Staff requests Council approval of a motion authorizing staff to proceed with pre-demolition activities at 6003 West Broadway. These activities would include coordinating with the Engineer on the preparation of ~ians and specifications for demolmon of the building and seeking quotations for water/sewer c~sconnect, asbestos survey, etc. The specifications for demolition would be brought back to the Council for a~roval prior to seeking bids and the quotes on the minor work will also be presented to the Council for a~roval POLICY/PAST PRACTICE The ~ro~e,qy nas been designated ~n the Comprehensive Plan as an area for future residential redeve~csment Demolition activities are taken To the Oty Council for approval. BACKGROUND On Fe~r,~ar~, 28. 2000, the Council a~proved the purchase of the prope~y at 6003 West Broadway ~n the ,~moun',ofS91.500fromBnanand M~cnelieLeefortne C,tvsscattereds~tehous~ng program Th~swas a · :,~n:a~,, transact~onfromawilhngseller The c:os~ngontne property took place on March 17. ~ :', staff nas reviewed the interior of the su3~e:: 2ro2en', and concluded g~ven renaD~htat~on costs ',',.~,, e. :ee: 5: 2e,cent of t~e value of the home ~'. ,,..3j:: 3e :'est to clear the s~te and construct a new s~neie am.., nome In addition, some Cra~na~e ,ss,.,es ~,~,,,~ De resolved with the adlacent condominium ...... ...... as a part of the redevelo2mer-,: (cont'd ~ .N~OT'iON BY SECOND I~Y RFA-O01 ~ Page 2 5-08-00 Request for Action Staff now desires to move forward with the demolition process, especially with the following activities: 1 .) Coordinate with the City Engineer to prepare plans and specifications for the demolition of the home, garage, and associated structures on the subject property. Once plans and specifications are completed, they would be presented to the Council for approval and authorization to seek bids from contractors. 2.) Seek quotes for the disconnection of water/sewer services. When quotes are received, they will be presented to the Council for award. 3.) In preparation for demolition and in conjunction with the preparation of plans and specifications, it is likely an asbestos survey will be required. Staff is requesting authorization to seek quotes on this activity also, with the quotations presented to the Council for award. Coordinate with the City Engineer, Public Works, and the condominium association on the drainage and utility issues. 4.) Staff has completed the environmental assessment. For demolition, the next step is for staff to publish the legal notice and wait 32 days for comment. Following this, staff can proceed with demolition. A tentative schedule would be to complete pre-demolition activities in June and have the structures demolished in July or August. The property has been placed on the contract mowing list for the maintenance during this spring/summer. Staff will return to a future Council meeting to discuss the future single family housing development ~nouse style, plans, etc.) and drainage ~ssues pertaining to the property and adjacent condominium asso:',at~on FUNDING C3 ,~,mur~,~, Development Block Grant (CDBG), TtF, and six-city CHDO funds are available for the pre- ....... ~.on and demolition activities. ATTACHMENTS · Buc?ts for rehabilitation and new construction · H::=en Park Condo Correspondence COUNCIL REQUEST FOR ACTION '. Orig/natin§ Department Approved for Agenda Agenda Section Community Development 5-08-00 Consent I / Item No. Susan Henry By: Community Development BS': c / 6.11 Specialist MOTION AUTHORIZING STAFF TO NEGOTIATE THE PURCHASE OF 7105 62ND AVENUE NORTH (IMPROVEMENT PROJECT NO. 685) REQUESTED ACTION Staff recommends authorization for staff to negotiate the purchase of the single family property located at 7105 62n~ Avenue North. POLICY/PAST PRACTICE When staff locates a property that is in need of rehabilitation and/or an opportunity for intervention/purchase, it' ~s brought to the Council's attention for the City's scattered site housing program. BACKGROUND On March 27. 2000. staff was authonzed by the C~ty Council to obtain an appraisal of the property located at -i :'.5 62 : Avenue North. The appra,sal process was tnggered as city staff was approached by the chddren of :~-e ;a:e Carol and Faye James famdy w~tn a Possible rnterest to sell. The children wanted to give the C~ty the ..... ~..n~ at t~e property. :~ ;.,pr,:. s:aff recewed the appraisal, and now w~snes to present ~t to the City Council (see attached/ Grfffltn -.::tarsals has appraised the property at Sl10.000 The 1999 valuation of the property for tax purposes ~s ,,~u~ Staff feels that the appraised value ~s n;gr- and wants to ~nqu~re if the representahves of the estate ~}': ,',,rang to negotiate on the purchase price .... n, located at the northeast corne~ c.' the Cra, at the southwest corner of 62'-: and Louisiana ~'e_:.s.,res 100' X 140' and contains 14.000 scua~e fee: T?e propertyconta~ns a one-story s~nc]le family nome ~.: ~etagnec garage, constructed ~n 1951 - ' ~cont d~ "'710:; 5[-:C'OXD BY Request for Action Page 2 5-08-00 The April 12 appraisal report states the home is average in overall qUality for the area. The main level of the home measures 936 square feet. A part of the basement is finished (approximately 420 square feet). The appraisal report notes the property has seen some updating in recent time, like a new furnace, new carpeting in the living room, and new kitchen counters and sink. However, the home is in need of some deferred physical maintenance. The appraiser noted items such as siding, fascia boards, roofing, and a dated interior decor, especially the basement finish. City staff have also viewed the interior of the property recently and noted a similar condition as the appraiser. In addition to the above, the home will require new windows and venting, according the City's Building Official. In addition, some foundation cracks will need to be repaired in the basement. Some of the rooms on the main level are quite small and may need to be modified for functionality purposes. The subject property is located in an area designated in 1992 by the City Council as blighted. The property is also designated in the City's Comprehensive Plan for rehabilitation or redevelopment. At this point, staff advises Council to negotiate for the purchase with the James family given the City's redevelopment goals for th~s area. If the City acquires the property, this residential:redevelopment could take shape in three possible ways: a s~mple rehab (a CHDO prOject), a Planbook showcase home, or a Greater Minneapolis Metropolitan Housing Corporation (GMMHC) rehab/new construction project. At this point, a rehabilitation estimate has not been calculated. It would depend on how the project takes shape, the funders involved, and scope of renabihtat~on (if it's fixing the basics or altering the home's shape, etc.). Staff would plan to return to the Counol w~th more information on the redevelopment options if staff is successful with the negotiation process and the Council chooses to pursue the property at this t~me. FUNDING The 2r3~erty ~s located in an area where tax increment funds can be expended. ATTACHMENTS · Gr~ff:t,n Appraisals Report 'i mmmmmmmmmmmmmmm'mmmmm~ ;OtJ~,T~, mm eO"O I 60T~ ~9 &¥ 60 T~ COU2VC2~ I Ortgmat. tng DepoSit ~pw~d for ~e~a ~enda Secuon Community Development Consent Susan Hen~ 5-08-00 Item No. ~:Commumty Development Specialist ~ MOTION AUTHORIZING STAFF TO NEGOTIATE FOR A POTENTIAL PURCHASE OF 3041 GETTYSBURG AVENUE NORTH (IMPROVEMENT PROJECT NO. 690) ACTION REQUESTED S:aff ~s requesting a motion authorizin~ staff to negotiate for a potential city purchase of the prope~y lock,et at 3041 Gettysburg Avenue No~h. PAST POLICY/PRACTICE O~;5 s;~ff receives written commumcat~on from a willm~ seller, an appraisal is ordered to determine the curr~nt market value. The appraisal becomes the bas~s for negotiating a potential purchase, pen~mg ~o;~;~; c~rec[~on on acquisition. BACKGROUND T~ ~;,~ Manager gave city staff authorization to o~am an appraisal of the prope~y located at 3041 ~:::,5~;r; Avenue No~h to expedite the process The prope~y has been a problem for the City w~tn ;;;~ v,~;~at~o~5 and complaints from th9 ne~h~ornood ~ue to the prope~y's exterior maintenance T~e ;';~'. owner. ~r~an Whiteford, was cou~ o;~ereC m ~ate 1999 to make some necessa~ ~mproveme~ts T~5 ~r~l l~5Dector's repo~ ~s attacne~ ~esau5~ Wh~teford did not respond to mult~pie ;;~m~:;~',~o~5. a written compla~nt Crafi~; ~,,, tn~ ~',tv Attorney was se~ed on Mr Wh~tefor~ T~ ~ov~;: s~ouJ~ ~e aware that a zoning an~ ~u~l~n~ v~o~at~ons matter is also pending m Hennepm Cou~. _~,ua~,. staff has been ~n con,a~v.,:t- ','~,-' .~ ' ~' k. ,r.=,o,~ and he has expressed an interest ~n selhng ~,32e~ Staff nas reviewed the ~nter~or of t~e 2rcDe~,.. ~n m~d April and concluded, m addition exterior ~ssues noted ~n the Generat Ins2e::or 5 re23~, that the interior of the home wdl be ma:n~e~ange as well as updating and cleanln3 ' (cont d ~ON' BY S~CO~ ~ ~0: Request for Action Page 2 5-08-00 At this time, Whiteford is looking at his options; he has been approached by private individuals to purchase the property and he is checking into a loan to fix up the home and then sell it and/or possibly rent. He is awaiting the City's interest in the property at this time. On April 29, Griffith Appraisals appraised the property at $133,000. Although the appraised value is high, it is telling of the current market. The taxable value on the property is $127,000. The subject property, zoned R-l, is located in the southwest quadrant of the City in an established New Hope neighborhood. The appraiser noted the subject is in poor to fair overall condition for its age. The appraised value takes intc account the deferred physical maintenance. Staff recommends the City attempt to negotiate with Whiteford to see if a mutual agreement can be met on a purchase price. Staff would intend to negotiate on a price less than the appraised value because it is high for the home's current condition. FUNDING There are Greater Minneapolis Metropolitan Housing (GMMHC) funds available for rehabilitation, as well zs Community Development Block Grant (CDBG) funds. A'FrACHMENTS · Map · Griffith Appraisals Report I WATER I 'TOWER I 'Z ~ENsiGN- .... 27S~ , '- '"' ..... ~ ~.q, RE IIEST FOR ACTION Originating Department Approved for Agenda Agenda Section EDA Community Development 5-08-00 Item No. By: Kirk McDonald Ely:. MOTION AUTHORIZING STAFF TO PROCEED WITH ACTIVITIES TO PREPARE FOR DEMOLITION OF CITY-OWNED COMMERCIAL BUILDING AT 5550 WINNETKA AVENUE NORTH (IMPROVEMENT PROJECT NO. 669) REQUESTED ACTION Staff is requesting that the EDA approve a motion authorizing staff to proceed with pre-demolition activities at 5550 Winnetka Avenue North. These activities would include coordinating with the City Engineer on the preparation of plans and specifications for demolition of the building and seeking quotes for water/sewer disconnect, asbestos survey, etc. The specifications for demolition would be brought back to the EDA for approval prior to seeking bids and the quotes on the other minor work will also be presented to the EDA for approval. POLICY/PAST PRACTICE The City has acquired other commercial/industrial properties in the past for redevelopment purposes and has authorized demolition of the buildings. This property is identified in the Comprehensive Plan update for future commercial redevelopment. BACKGROUND At the February 14 EDA meeting, the EDA approved a motion authorizing staff to prepare a purchase agreement for the acquisition of the commercial property known as the Donut Shop, located at 5550 Winnetka Avenue North, in the amount of $308,000. This was a voluntary transaction from a willing seller, and due to the fact that the building was vacant, no business relocation expenses were ~ncurred by the City. The closing on the property took place on April 28. Staff now desires to move forward with the demolition process, unless the City Manager or EDA determine an interim use for the property. Staff ~s specifically requesting to move forward with the following activities: 1. Coordinate with the City Engineer on the preparation of plans and specifications for the demolition of 1,300 square foot, one-story masonry structure in preparation for seeking bids from contractors for the demolition. Once the plans and specifications for demolition are completed, thc`v wrap,Id hc` pr~c`ntc, d tn thc, FDA fr~r ~pprr'}v~l and mJthnri~'2finn tn .~.~k hid.~ fromm r:c~ntractors, MOTION BY SECOND BY TO: RFA-O01 ~l Request for Action Page 2 5-08-00 Seek quotes for the disconnection of the water/sewer services. When quotes are received they will be presented to the EDA for award. In preparation for demolition and in conjunction with the preparation of plans and specifications, it is quite likely that an environmental survey of the interior of the building for asbestos, light fixtures, etc. will be required. Staff is requesting authorization to seek quotes on this activity also, with the quotes being presented to the EDA for award. The tentative schedule would be to completed these activities in May/June and have the building demolished in July or August. Staff assumes that it is the intent of the EDA to landbank the 20,700 square foot parcel for future commercial redevelopment in conjunction with adjacent properties. The parcel has been placed on the contract mowing list for maintenance this spring/summer. FUNDING The property is located in an area where TIF funds can be expended and TIF funds were utilized for acquisition and staff recommends that the same funding source be utilized for demolition activities. The Building Official estimates that the cost for demolition at approximately $12,000 - $15,000. 20,281 SF ~ (~g) ~ 7809 7801 BLR BLR H5,400 SF ...................... (20) (21) 14,700 5540 Winnetka SF (7) ~ 13,500 SF (82) - ~0 83) (22) m (26) (~6) ~ 7 (2) (17) (6) ~ Bass Lake Road - Winnetka Aven U Property 5550 Winnetka 5540 Winnetka 7809 Bass Lake Road Size of Parcel (SF) 1998 Tax Valuation $160,000 Total Appraised Value (Before Purchase) Acquisition Cost $308,000 7801 Bass Lake Road All Four Parcels Combined 20,281 13,500 15,400 14,700 63,881 $95,0OO $110,000 $199,000 $564,000 $280,000 $280,000 $120,000 $175,000 $275,000 $878,000 Demolition Cost $14,000 $8,000 $8,000 $15,000 $45,000 Total City Cost $322,000 $128,000 $183,000 $290,000 $923,000 Land Value at B~ (@ $10 SF) $202,810 $135,000 $154,000 $147,000 $638,810 *Added Taxes Generated by Commercial Development (ove....~r 20 yrs) $105,857 $7O, 463 $80,380 $76,727 $333,427 *Added tax revenues are calculated based u ~on similar developments in thc City. For this estimate, McDonalds al 42nd & Winnetka was used due to the value of the property and building, although the type of development for this area is not a fast-rood restaurant. The propedies currently pay $18,873 in taxes per year. Using the McDonald's example, it is estimated that development at this parcel could raise close to $40,000 in taxes. This estimate is conservative, as the McDonald's parcel is much smaller and lower in building value than the desired redevelopment for this project. Over 20 years, the increased revenues for this property, based on the conservative estimate equals $420,000. This value, adjusted for the present value of future revenue, equals $333,427 of value in 2000. Also, this cost-benefit analysis does not include the benefits to adjacent properly owners of redevelopment and the potential redevelopment this may spur in the area. Projected Expenses: Projected Revenues: $923,000 $972,237 "~~D~\Kern\Planning Return to the City: $49,237 02~09~2000 PLANNING DISTRICT 6 Plannin~ Distncts This district's borders are Winnetka Avenue to the west, the C.P. Rail System to the south, and Crystal to the east and north, with a jagged northern border. District 6 is primarily Iow density residential with areas of multi-family residential and commercial development scattered along Bass Lake Road. The following recommendations are offered for Planning District 6. The Iow density residential neighborhoods in District 6 are generally in good condition, however, two Iow density redevelopment target areas have been identified within Planning District 6. In addressing the Iow density residential land uses in District 6, the following recommendations are made: ao The City will aggressively promote pdvate reinvestment in the existing single family housing, through housing renovation seminars and programs, and the through the enforcement of the Point of Sale Housing Maintenance Code. Scattered site housing renovation and redevelopment will be pursued on selected lots within District 6. The City has targeted the Iow density residential area along Bass Lake Road and the Bass Lake Road extension. This area is characterized by small homes in marginal condition on large lots. The City will seek to acquire and redevelop these sites as new Iow to medium density residential land uses. A second Iow density residential area targeted for redevelopment consists of a number of very deep lots along Winnetka Avenue between Bass Lake Road and 53rd Avenue. The redevelopment of this area is intended to alleviate poor housing conditions, improve access onto Winnetka and more fully utilize the available land. New Iow density residential land uses will be encouraged on the remaining vacant parcels in District 6. .. The medium and high density residential land uses in District 6 are located along Bass Lake Road. Inspection of these land uses find these areas in various states of disrepair. The renovation of medium and high density land use in District 6 includes: The City is currently participating in the redevelopment of a blighted non- conforming medium density residential site located along Bass Lake Road , City of New Hope Coml~rehen~ive Plan UF~dat,. Development Framework 85 Planning District,w between Neyada and Pennsylvania Avenues. This redevelopment is being undertaken with a non-profit organization along with the cooperation of lSD 281 and the City of Crystal. This project provides a working example of projects that will provide a much needed housing resource and correct land use infrastructure concerns. The proposed land use plan has been modified to illustrate the resulting medium density land use for the site. bo A second undeveloped target area involves a high density residential site located along Winnetka Avenue north of Bass Lake Road. This site displays declining building and site conditions. The City will pursue building renovation and/or redevelopment as conditions permit. Within Planning District 6, an aggressive strategy for enhancing the commercial character along Bass Lake Road is recommended including: Expand the commercial land use patterns along Bass Lake Road to increase the land area for commercial redevelopment. ,' b. Assemble and redevelop smaller commercial sites to create larger ~,..._~..../ commercial lots for contemporary retail, service and office uses. Co In cooperation with the City of Crystal, establish a commercial streetscape that enhances the overall character of the Bass Lake Road commercial corridor. City of New Hope Comprehensive Plan Ur~_c~ Development Framework BROOKLYN PARK 101 FUTURE DEVELOPMENT AND REDEVELOPMENT SITES © Residential Opportunity Commercial Opportun ity Industrial Opportunity Commercial / Industrial Opportunity Deteriorating / Blighted Area_~ Underdeveloped Areas Vacant Areas · City of New Hope GOLDEN VALLEY Source: C~y of New Hop~ Base Map: Bone~ too Rosene Anderlik & Associates SCALE IN FEET~ Comprehensive Plan Update I-IJA RF. IYF, ST FOR ACTION Originating Department Approved for Agenda Agenda Secuon EDA Community Development Item No. 5-08-00 BY:Kirk McDonald By:. DISCUSSION REGARDING POTENTIAL REDEVELOPMENT AT 3601 WINNETKA AVENUE AND REQUEST FOR FINANCIAL ASSISTANCE FOR DEMOLITION ACTIVITIES REQUESTED ACTION Staff requests to discuss with the EDA a potential redevelopment at 3601 Winnetka Avenue and a request for financial assistance for demolition activities. POLICY/PAST PRACTICE In the past the EDA has considered requests for financial assistance for commercial/industrial/housing developments on a case-by-case basis and, in some instances, has provided funds for site preparation work to support a redevelopment project. BACKGROUND As the EDA is aware, the property at 3601 Winnetka was formerly the site of a gas and service station and the building has been vacant for several years. The parcel contains approximately 38,000 square feet and the existing brick and steel service station building contains 2,000 square feet with canopies. The property has 190 feet of frontage on Winnetka and 195 feet of frontage on 36th Avenue and is currently zoned B-3, Auto-Oriented, Business District. The marginal commercial sites along 36th Avenue have been identified in the Comprehensive Plan as commercial redevelopment target areas. Over the past year, city staff has received a number of inquiries about the site, with most re-using the site as a B-3 automotive-related use. The most recent discussion was regarding a drive-through Pilgrim Cleaners s~milar to the one located at 42n~ and West Broadway in Robbinsdale. The City has recently been contacted by a developer from the Acacia Real Estate Group, LLC who has indicated they have purchased the property. They are interested in constructing a new 8,000 square foot commercial building that would accommodate several tenants, potentially including a Star Bucks Coffee with sidewalk caf~ and a Pilgrim Cleaners. They have inquired about the City's interest in assisting with the project and have requested $25,000 from the City for building demolition/site clearance costs. As is routine, staff requested that they put their request in writing and advised that the EDA considers requests on a case-by-case basis. The developer has indicated that if a new building is not possible, they may re- use the existing structure. Staff supports demolishing the existing building. MOTION BY SECOND BY TO: RFA-iX) I ~ Request for Action Page 2 5-08-00 The current market value of the property is $293,000, which generates approximately $13,000 in taxes per year, with approximately 23 percent or $3,000 going to the City. It is estimated that a new building~ would generate at least twice that amount in tax revenue. If the EDA is interested in pursuing this request for financial assistance for redevelopment, staff recommends that the EDA direct staff to meet with the developer to discuss exactly what the City funds would be utilized for ($25,000 for demolition seems high) and to have the developer identify specific tenants/commitments and submit detailed plans. Any financial assistance from the City should be tied to a Development Agreement based on a specific development proposal. FUNDING The property is not located in a TIF area or an area where pooled TIF funds can be expended, so funding for the project most likely would need to come from EDA funds. There is also a possibility that some grant funding sources may be available for the site. ATTACHMENTS · Developer Correspondence · ZoningFFopo Maps · Property Survey · Comprehensive Plan Excerpts · Tax Information · Business Link Article 155O0 Way-I~ B~CL Su~l 836 Phon~ 612.475.2255 F~c 61:2.47-~ Fax Phanm I~ate= 5-1-00 Re= 36~ & Winnetka CC: JJL Gen'Jeman, Thank you for getting back to me to discuss the above referenced property. As we discussed my company is interested in constructing a 8000 sq ft retail center. The proposed center would be tastefully constructed with sidewalk seating for a coffee shop and awnings on the building to compliment to brick facing. We request that the city of New Hope remove the current structure and foundation at a cost of no more than $25,000 to the city. if the city is not willing to remove the current structure, the numbers will not work, and we will need to paint the current structure and use it as an automotive use. We truly hope that we can work win your department on this project. Sincerely, John C. Mameau CONC CURB BRICK WALL.. Cornrnunity Perspectives District 20 District 20 consists of strong single family neighborhoods with some multiple family and commercial land use along 36th Avenue District 20 Issues Some scattered site housing rehabilitation has been identified to maintain housing conditions. Northwood Park drainage improvements and park redesign is an opportunity to ~/.,,,-.----.--J,~ovethe park's function and~ ~. _~,. ~ ed f~~or Small marginal commercial sites along 36th Avenue have been identifi potential redevelopment. District 21 District 21 consists of an industrial area along lower Quebec Avenue. District 21 Issues · Promote further expansion of existing industries. District 22 District 22 contains a broad range of land use including single family, multiple family and commercial uses. District 22 Issues Promote the redevelopment of two undersized over-utilized commercial properties at the west corner of Oregon Avenue and 42nd Avenue. Single family homes are characterized as having single car garages. The poor condition of the twin homes along Oregon Avenue between 38th and 40th Avenues make these sites candidates for scattered site redevelopment. City of New Hope Comprehensive Plan Update 38 Planning Tactics COUNCrL t REQ~T FOR ACTION Originating Depa~ ~,,,ent Approved for Agenda A~cnda Section Community Development Consent 5-22-00 Item No. BI/': Kirk McDonald ~ 6.6 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED ADOPTION OF BUSINESS SUBSIDY CRITERIA REQUESTED ACTION .~ SIaff recommends that the City Council approve the enclosed resolution which establishes a public heanng date of June :~,~to consider the proposed adoption of a Business Subsidy Criteria Policy. A s~m~lar public hearing will also need to be held by the FDA. BACKGROUND The 1999 Minnesota Legislature enacted a new law regulating business subsidies entered into or authonzed after August 1, 1999. All Minnesota cities with populations of more than 2,500 are required to hoJC a public hearing on and adopt criteria for awarding certain business subsidies and must report to the state on an annual basis. City staff has been coordinating with the City Manager and City Attorney on the crafting of such a policy for New Hope and a draft of the policy is attached. The purpose of this action ~s to schedule a public hearing for June 26, at which time the proposed policy will be discussed and rewewed with the City Council in detail. 1-- ?hera!, the proposed policy contains the loas~c and standard language being used by other ne~graDorm9 cities. The proposed policy would not have a significant impact on the finanoal assistance t,nat New Hope provides to developers due to the fact that New Hope's assistance is usually geared :3wards providing housing assistance or s~te redevelopment where a recipient's investment in purchase o- s~te preparation ~s 70 percent or more of the assessor's current estimated market value. These :.r~umsta,-t. ges are exceptions to the bus~ness subsidy requirements of the statute. S:,af? recommends approval. ATTACHMENTS · C~ty Councd Resolution · C~ty Attorney Correspondence · Proposed Policy for Business Subsidies · Department of Trade & Economic Development Information · Ll~nnesota Statutes MOTION BY SECOND BY TO: RFA-O01 ~ EXHIBIT A CITY OF NEW HOPE POLICY FOR BUSINESS SUBSIDIES Purpose: The purpose of this policy is to set guidelines that would enable the City of New Hope to comply with Minnesota Statutes 116J.993. et seq. Objective: The objective of the City of New Hope is to attract and enhance commercial and industrial development thereby' increasing employment opportunities for New Hope residents and developing the job base and tax base of the City. Definition Of Business Subsidy: A business subsidy means a state or local government agency ,_,rant. contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or any fee. any guarantee of any payment under any loan. lease, or other obligation, or uny preferential use of government facilities given to a business. rl'his policy' will be used for business subsidies that equal or exceed $25.000. .-\ proposed subsidy shall be considered to offset land costs, site development costs, building c,~sts and design specifications that exceed the City's maximum requirements. t'olicv Guidelines: Thc Cttx shall evaluate each request for a business subsidy based on the best interest of thc ('~tx and its residents. In determining whether to provide a subsidy, the City shall consider I,~ctors it deems appropriate, which may include the following' Proposed number and type or'jobs created. Job and wage goals will be sensit~x'c to prevailing wage rates, economic and market threes over which neither thc developer or communHx huve control and the financial resources of tt~c developer. · Estimated taxable value or' the proposed development. The commitment of the proposed development to continue operations at thc snc where the subsidy is used Ior at least five years after the benefit date. The ability of the proposed development to fulfill or provide a desired amenity. facility or service that is not provided by the City. The City recognizes that each proposed development is unique and has specific characteristics that make the proposed development desirable to the City and in making its determination, the City may use some or all of the foregoing factors. The City Council will make a determination as to whether the proposed subsidy is in the best interests of the City: provided that if the subsidy is in excess of $100,000 the determination shall be preceded by a public hearing. Consistent with Minnesota Statutes 116J.993, Subdivision 3, the following forms of financial assistance are not a business subsidy, and recipients will not typically be required to meet the criteria for business subsidies set forth in this policy statement: 8. 9. 10. 11. 12. 14. 15. 16. 17. 18. 19. Business subsidy of less than $25.000: Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size. location, or similar general criteria: Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; Redevelopment property' polluted bv contaminants as defined in Minnesota Statutes. Section 116J.552, Subdivision 3' Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code, provided that the assistance is equal to or less than 50 percent of the total cost: Assistance provided to organizations whose primary mission is to provide job readiness and training services if the sole purpose of the assistance is to provide those services: Assistance for housing: Assistance for pollution control or abatement: Assistance for energy conservation: Tax reductions resulting from conformity with federal tax law: Worker's compensation and unemploy'ment compensation: Benefits derived from regulation: Indirect benefits derived from assistance to educational institutions' Funds from bonds allocated under Minnesota Statutes. Chapter 474A: Assistance for a collaboration betxveen a Minnesota higher education institution and :t business' Assistance for a tax increment financ~n,.2 soils condition district as det'incd under Minnesota Statutes. Section 469. 174. Subdivision 19: Redevelopment when the recipient's investment in the purchase of the site and in s~tc preparation is 70 percent or more of the assessor's current year's estimated market value: and General changes in tax increment financing law and other generated tax laxv chan,2es ol a principally technical nature- and Any other forms of assistance that may be defined by law as not constitutin.,, a business subsidy under Minnesota Statutes. Section 116J.993, Subdivision 3. -3- / ~ REI~IUEST FOR ACTION" Originating Department Approved for Agenda AgenOa Section Consent May 22, 2000 Parks & Recreation ,) Item No. // 6.9 By: . Shari French -- By: APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS FOR LIBERTY PARK PLAY EQUIPMENT REPLACEMENT PROJECT (IMPROVEMENT PROJECT ~-673) REQUESTED ACTION Staff ~s requesting council approval of plans and specifications and a call for bids for the replacement of the play equipment at L~t~erty Park, 60TM& Gettysburg Avenue North Th~s plan includes the following changes from the current playground: · New and expanded equipment for the 5-12 year old play area (a larger play area). The existing swings will be moved, and the pole height reduced to 10 feet. · A new play area for children ages 2-5 (a smaller play area) · improved handicap access to play areas and equipment · Removal of the ex~sting retaining wall and regrad~ng of the play area and adjacent slopes · Additional p~cmc tables and benches · An accessible dnnking fountain · Aadmonal trees to shade the new play area BACKGROUND The ex~st~ng play equipment at this park was installed m 1984 Many new standards for such equipment have i~een ,n:::ateo s~nce that t~me The existing play equipment ~s not accessfl~le and the wood equipment ~s sphntermg The re~,~n~ornood was ~nwted to meet with staff and consultants ~n February to brainstorm about needed ~mprovements and ',~s-~once~t includes their ~deas. They have also rewewed and expressed their support of the final concept approved l~y ~ounc~l on Aprd 24. 2000 The next steps will include · June 12 - Open b~ds · June 26 - Award contract · August 1 - Construction begins FUNDING Par~, 2000 CIP contains $130,000 for the project MOTION BY SECOND BY TO I RFA\P&R\ParKs\Q-Plans & Specs Liberty Eclu~p 2000.doc COUNCU., origmattng DeparUnent Community Development BT:Susan Henry FOR .aCTION Approved for Agenda 5-22-00 A~enda Section Item No. 6.12 VIOTION APPROVING FINAL PAYMENT TO FAIR'S NURSERY IN THE AMOUNT OF $4,517 FOR LANDSCAPING AT 5629 WISCONS',N AVENUE NORTH (IMPROVEMENT PROJECT NO. 612) REQUESTED ACTIO_N Staff requests Council approval of the final payment to Fair's Nursery in the amount of $4,517 for landscaping at 5629 Wisconsin Avenue North. POLICY/PAST PRACTICE When a property ~s developed by the City, the project includes landscaping. The home was sold in January to a family with the purchase agreement stating the City would complete the landscaping in the spnng. BACKGROUND Or} April 24, 2000, the Council awarded the contract for landscaping at 5629 Wisconsin Avenue to Fair's Nursery, the Iow bid, in the amount of S4.277. The final payment includes additional dirt needed for the project which was $240. In total, the final payment request is $4,517. The landscaping project came in ',','ell below what was originally budgeted. The landscaping work was completed in early May and the City Forester/Contract Manager has ~nsDec~ed the work and recommends approval of the final payment. Completion of the landscaping wdl satisfy the escrow requirements and will allow the return of the S9,000 to the City. -;-ne C~ty constructed a home at 5629 W~scons~n and closed on the sale to the Susan Hogland on January, 21. 2000. Landscaping in accordance w~th the Landscaping Plan was the responsibility of the C,~Lv Because of the wrater conditions, the landscaping could not be installed, and $9,000 was escrowed ',o ensure the landscaping would be completed The Landscaping Plan and Specifications were compte~ed by the City Forester. FUNDING L3ndsca2mg ~s paid for with proceeds from the sa~e of the home. ATTACHMENTS · Invo~ce .,,lOTION BY TO: SECOND "' coUNCU., ' Originating Deparm3ent Community Development RF.,Q T FOR ACTION Approved for Agenda / -22-00 Agenda Section Consent Item No. 6.13 Susan Henry ~ Byk3ommunity Development Specialist RESOLUTION APPROVING CHANGE ORDER FOR PILE DRIVING CONTRACT AVENUE NORTH (IMPROVEMENT PROJECT NC). 660) FOR 8808 41 ST ACTION REQUESTE_D ~taff ~s requesting Council approval of the resolution approving the change order for the pile driving contract for 8808 41s` Avenue North. 8808 41s: BACKGROUND The bid of Atlas Foundation Co. for the ~nstallation of support pilings for the vacant lot at Avenue North did not include the cost to the Contractor of the bonds. In order to keep the project on schedule, city staff agreed to reimburse the Contractor for the cost of the bonds. The work was completed, and 8808 4ls' Avenue North was sold to Habitat for Humanity on Friday. May 12. Construction on the Habitat home started on Monday, May 15. The attached resolution approves a change order of ,$190 to reimburse the cost of the bonds. The vacant lot at 8808 41s~ Avenue North has sat vacant for years because of the lot's s~gnificant ~ssues. City staff is pleased with this partnership with Habitat for Humanity to develop the lot. the cost FUNDING~ Community Development Block Grant (CDBG1 funds w~lt pay for the piling installabon, including oftne 3cnd Hab~tatwitleventuallyre~rnbursethe Cttyfor the pihngworkwiththe~r HOME dollars. ATTACHMENTS · ResolutlonlC--ity Attorney Correspondence · Invoice for Bond MOTION BY TO: sECOND BY COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Development Parks & Recreation May 22, 2000 & Plannin~ · ' Item No. By: Shari French By: / 8.1 APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS FOR GOLF COURSE CLUBHOUSE REPLACEMENT PROJECT (IMPROVEMENT PROJECT #656) REQUESTED ACTION Staff ~s requesting Council approval of plans and sbecificat~ons and a call for bids for the replacement of the golf course clubhouse. It should be noted that the specifications are written with the assumption that an easement agreement can be worked out with the property owner to the east If that cannot be done the specifications will have to be changed, as the tocat~on of the clubhouse will then need to be moved approximately twenty feet to the west. BACKGROUND The C~ty's golf course clubhouse, located at 8130 Bass Lake Road. predates the City purchasing the golf operabon ~n 1971 The building ~s ~n need of replacement. The problem areas ~nclude: windows, doors, HVAC system, non-accessible bathrooms plumbing, winng, floor, landscaping, walkways and parking tot. In early 1999 the City Council approved development of a feaslbihty study to look at a new clubhouse. In June 1999 Councd accepted the feasibility study and directed staff to continue w~th the process of planning for this project In fall of 1999 architectural firms were interviewed and Council selected TSP ONE INC In January 2000 work began on concept plans for a new facd~ty By February 22, 2000 Council rewewed concept ideas for the clubhouse and directed the development of schematic designs On March 13 of th~s year Councd rewewed and accepted schematic designs for th~s project The Planmng Commission gave their approval for a CUP w~th regards to th~s project with nine conditions These plans and sDec~f}cat~ons are based on all those condmons and approvals T~e base b~d ~ncludes a new clubhouse. There are alternates to the base. which mctudea roof over the p~cn~c area ar~= ,~vo _sas gr~lls ~n the p~cnrc area The opbon of a new parking lot w~Il be b~d separately from the base bid FJJNDING Funding for th~s pro/ecl will be through a revenue bond to be pa~d back over twenty years from Golf Course earnings The DL;2get for tins project at th~s t~me totals $600.000 MOTION BY SECOND BY TO I RFA\P&R\Golfcrs\Q-Plans & Specs Clubhouse 2000.cloocloc )UNClL REQUEST FOR ACTION Originating Department ~ Approved for Agenda Agenda Section Development Parks & Recreation ~ May 22, 2000 & Plannin¢: Item No. 8.2 By: Shari French By: APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS FOR GOLF COURSE PARKING LOT REPLACEMENT PROJECT (IMPROVEMENT PROJECT ¢~656) REQUESTED ACTION Staff ~s requesting Council approval of plans and specifications and a call for bids for the replacement of the golf course parking lot At Council direction, this replacement ~s being b~d separately from the clubhouse part of the project. B~ds are to be opened at the same time as the clubhouse so appropriate decisions can be made based on bids received. BACKGROUND The Crty s golf course clubhouse, located at 8130 Bass Lake Road, predates the City purchasing the golf operation in 1971. The problem areas include: windows, doors, HVAC system, non-accessible bathrooms, plumbing, wiring, floor, landscaping, walkways and the parking lot. In early 1999 the City Council approved development of a feas~bdity study to look at a new clubhouse. In June 1999 Council accepted the feasibility study and directed staff to continue w~th the process of planning for this project In fall of 1999. architectural firms were ~nterviewed and Councit selected TSP ONE. INC In January 2000, work began on concept plans for a new facd~t7 By February 22.2000 Councd rewewed concept ~deas for the clubhouse and directed the development of sc,~emat~c designs On March 13 of this year Councd revtewed and accepted schemabc designs for th~s project At that point Councd d~rected that plans should be developed for replacement of the ex~st~ng parking lot These plans and specifications are based on Councd d~rection and Planning Commission CUP cond~ttons FUNDING Funding for the clubhouse project will be through a revenue bond to be paid back over twenty years from Golf Course eam.,ngs The budget for that portion of the project at tins time totals 5600.000. MOTION BY SECOND BY TO t RFA\P&R\Golfcrs\Q-Plans & Specs Parking Lot 2000.doc doc cou cm REQUEST FOR ACTION Originating DeparUnent Approved for Agenda Agenda SecUon Development Public Works -~--..May 22, 2000 & Planning ;) Item No. By: Guy Johnson By:. ".~ 8.3 MOTION APPROVING PLANS AND SPECIFICATIONS AND CALLIN(; FOR BIDS FOR THE PUBLIC WORKS FACILITY SHOP EXPANSION (IMPROVEMENT PROJECT #671 ) REQUESTED ACTION Staff is requesting Council pass a motion approving plans and specifications and a call for bids for the Public Works Facility Shop Expansion. BACKGROUND The New Hope Public Works Facility was built in 1980. The original building contained a 1,800 square foot repair shop. This repair shop allowed moving all service work into the repair shop area from the parking garage and the outdoors. Over time, this repair shop area has become inadequate to accommodate all vehicles and their required maintenance. Because of the existing conditions, some of the larger vehicles are unable to access the repair shop. The current repair shop ~s only large enough to work on two average sized vehicles at a t,me. Therefore, the space ~s restncted to serwce work, short-term repairs, and police car set-up W~th these space restraints, larger, long-term prOjects on ecluipment are unable to be completed m the repair shop because of the time commitment. Aisc. there are more large pieces of analyz~n9 equipment needed to service and maintain the City's vehicles and equipment that is continually becoming more sophisticated Th~s mclu0es an anti-freeze reclaimer, a~r conditioner refngerant reclaimer, multiple computer,zed analyzers, etc. Th~s ~mprovement has been considered on two other occasions. Cost estimates were done m 1991 and 1997. In the fall of 1999, the New Hope City Council interviewed and selected TSP ONE, Inc., an architectural firm, to design a new clubhouse for the New Hope Golf Course. Shortly thereafter. ~t was clec~ded that TSP ONE, Inc., should also beg~n working with staff to develop plans for the Public Works Shop Expansion. E&V Consultants would serve as Construction Managers on the MOTION BY SECOND BY TO: r R~alPuowo.,,s~671 ADorove Plans g Specs 5-22-O0 RP,,A.-OO I ~ COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 5-22-00 Development & Department Planning Item No. Kirk McDonald By: Director By: MOTION APPROVING PLANS AND SPECIFICATIONS FOR CITY OF NEW HOPE ILLUMINATED PYLON SIGN WITH ELECTRONIC MESSAGE CENTER TO BE LOCATED AT 8100 42NO AVENUE AND AUTHORIZING STAFF TO SEEK BIDS (IMPROVEMENT PROJECT NO. 688) REQUESTED ACTION Staff is requesting that the City Council aporove a motion approving the attached plans and specifications for a twin pole, City of New Hope illuminated pylon sign, with an electronic message center and authorize staff to seek bids on said sign. It is proposed that the sign be located at 8100 42"~ Avenue, which is the city-owned property with public parking lot just west of Applebees Restaurant. The purpose of the sign would be to ~mprove/upgrade communication efforts to residents and businesses about city events and activities and the s~gn could be utilized for other general community purposes. As you are aware, Gethsemane Cemetery has notified the City they will terminate the lease on the current monument sign location at 42n~ and Xylon Avenues this spring/summer. As a result of this notification, staff has explored a variety of options for a new city message center. POLICY/PAST PRACTICE In the past, the City had a temporary agreement with Gethsemane Cemetery to locate a monument reader ~oard sign on their property at 42'''~ and Xylon Avenues. The agreement gave the Cemetery the option of not renewing the lease and in 1999 the Cemetery notified the City that they did not desire to renew the lease. This ~s due in part to the road/entrance improvements made to the property in 1999 and due to the fact that they clearly want to identify the property as Gethsemane Cemetery. The Cemetery has been agreeable to working w~th the City on a reasonable timeline on the discontinuance of the use of the sign by the City and has ~nd~cated they may be willing to purchase the sign from the City for their own use, (cont'd.) MOTION BY SECOND BY TO: Request for Action Page 2 5-22-00 BACKGROUND City staff contacted the sign contractor who constructed the sign for United Methodist Church on Highway 55 in Golden Valley to get concept plans and estimates and Lawrence Sign provided information that the Council reviewed at the April 17 City Council work session. The general direction given was to proceed with plans for a twin pole, illuminated pylon sign, with an electronic message center. Staff proceeded to work with Lawrence Sign who assisted with the drafting of general specifications so that bids could be solicited from several sign companies. Those specifications, along with a contract prepared by the City Attorney, are attached for your review and approval. Estimated cost of the sign is approximately $50,000. It would be staff's intent to solicit bids and present bids to the Council in June. Issues that the Council may want to discuss related to the specifications and this project include the following: The final design of the logo format on the sign is to be approved by the City prior to the start of construction. Electric and utility hook-up is to be coordinated with the City Engineer. The sign company is now recommending that the message center have red L.E.D. (lights) instead of amber because their vendors have informed them the red lights have better clarity in communicating messages on exterior signs. No specific modification has been made to the sign design to accommodate outside group identification, such as the Lions. Staff had two thoughts on this: 1. Allow organizations to utilize the message center, itself, or 2. After bids have been received and the sign contractor selected, if the Council so desires, the City could work with the contractor to make adjustments in the sign design to accommodate other organizations. The construction contract allows for the sign to be installed within eight weeks after a notice to proceed has been issued. The height of the sign would be approximately 16 feet, with a width of 15 feet, and a depth of two feet, per the attached graphic. The s~gn would have a 75 square foot illuminated main cabinet with the City logo and a two-foot wide L.E.D. cabinet with two lines of 8" letters. The message center would operate with a "POINT" software program, via a telephone line to the City Hall. An off-premise sign may technically require a variance and approval by the Planning Commission and staff recommends that the City follow the same process that would be required for any other business in the City. (Staff will research this issue with the Planning Consultant.) A photo image super-imposing the proposed sign at the site has been provided by the sign contractor. FUNDING Estimated cost for a new electronic City reader board sign would be $50,000 - $60,000, depending on the options chosen. The additional cost of the phone line installation would be minimal. The City Manager has ~nd~cated that HRG will contribute $15,000 for a new sign and it is estimated that the Cemetery will reimburse the City a reasonable amount for the existing s~gn ($5,000). The remaining funding could come from the 42n~ Avenue TIF District or other sources determined by the Council, City Manager and Finance Director. ATTACHMENTS · Specifications · Contract City of New Hope Plans and Specifications for TWIN POLE, ILLUMINA TED PYLON SIGN WITH ELECTRONIC MESSAGE CENTER FOUNDATION: · Holes for steel poles to be augured, and are to be a minimum of 24" in diameter. · Two 8" round schedule 40 steel poles set in a minimum of 8' of concrete. · These poles are to be installed 5'0" apart inside to inside. STRUCTURE: · The sign in question is proposed to have an overall height of 16'0", or greater. · The sign in question is proposed to have an overall width of 15'0", or greater. · The sign in question is proposed to have an overall depth of 2'0", or greater as needed for consistent lighting of the faces. · The height of the cabinet for the sign in question is to be 5'0" or greater. · The cabinet will have a cosmetic, non-illuminated trim cap both top and bottom which will radius back into the cabinet. · The cabinet itself will have 9" radius corners. · All aluminum skin will be used throughout. · All aluminum skin will be .080 thickness or greater. · All raceways and boxes will be aluminum. · All internal framework will be 1 ½" x 1 ½" x 3/16" double galvanized angle iron. · Cosmetic pole wrappers will be of .080 skin, and will have 1 ½" x 1 ¼" x 1/8" angle in the corners to maintain trueness, as well as to add strength. · The cabinet will have a hinged frame for access. · The cabinet will be painted white internally. · The cabinet will be etched, then painted inside and out using Matthew's Acrylic Polyurethane primer and paint or Polyurethane equivalent. · Sign structure to have an all-inclusive 2-year Warranty. GRAPHICS: · 3M Panaflex faces are to be used. · 3 Color faces are to be digitally printed to ensure high-end resolution, while remainin§ highly translucent. (NC) PAINT) · Digitally printed faces to carry a multi-year Warranty. · Copy to be "CITY of NEW HOPE," using new logo, with final design of logo to be specified by City prior to start of construction. LIGHTING A horizontal lighting system is to be used. · Lamps will be installed 12" on center. (five lamps per bank) · One bank will be 8'0" in length. · There will be an external switch with waterproof cover. · Access doors provided for service. · Tail provided to run the length of the pole. ELECTRONIC MESSAGE CENTER: · Two lines of 8" text are to be used. · Message Center to have an internal P.C. for processing, and control. · Message Center to have Red L.E.D.'s. · Message Center cabinet to be painted to match the above listed sign cabinet. · Message Center to carry a 3-year Warranty. · Message Center to be driven by Windows based software. (POINT SYSTEM) · Message Center will be modem driven. · Message Center will utilize a minimum of ~12 font options. · Message Center must use Hewlett Packard sourced L.E.D.'s. · Message Center must provide a minimum brightness of '12,000 NITS. · Message Center must use pixel spacing of '1.2" or tighter. · Message Center must use four L.E.D.'s per pixel. · Message Center must utilize a ~16 x 96 matrix. .f m 2 Line Red 8" Character LED Front Elevation 2' Side WHope COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community DeveLopment 5-22--00 Department Item No. Kirk McDonald By: Director By: RESOLUTION AUTHORIZING RELEASE OF FINANCIAL GUARANTEE FOR 8201 54TM AVENUE NORTH NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY (PLANNING CASE 98-23) ACTION REQUESTED Staff recommends that the City Council approve a resolution releasing the remaining financial guarantee for the soundwall construction, grading and landscaping improvements at 8201 54th Avenue North, as all work has been completed per the Site Improvement Agreement. On August 9, 1999, the City Council authorized a reduction in the original financial guarantee from $121,500 down to $11,250, however, a replacement guarantee was never submitted so the City continues to hold the full amount. Therefore, the resolution is for the release of the full amount of $121,500, rather than $11,250. POLICY/PAST PRACTICE ~$ the policy and past practice of the City to require a financial guarantee for specific site Improvements/amenities to insure that improvements are completed and to release the financial guarantee when the improvements have been completed. BACKGROUND tn January, the City Council approved a variance to allow a soundwall to be constructed at 8201 54t~ Avenue. The soundwall is intended to reduce noise impacts from the industrial use of the property to the adjacent s~ngle family neighborhood. The City entered into a site improvement agreement with the property owner, which included the construction of the soundwall, grading, landscaping, and noise monitoring testing. Oa July 19, Northwestern Mutual Life requested that the City release its bond, stating the requirements of the s~te ,mprovement agreement had been completed with the exception of the noise level testing. The City Council considered this request at the August 9, 1999, Council meeting. The City Engineer and Building Official inspected the property and found that a majority of the work had been completed. They recommended that before the entire bond be released the property owner correct existing grading problems and seal all seam openings in the soundwall to reduce high frequency noise pollution. Staff also recommended that a )ort¢on of the bond be held until the 24-hour noise monitoring test was completed. The Council authorized a reduction in the financial guarantee to $11,250. MOTION BY SECOND BY TO: PROJECT NO. 662 BULLETIN #2 COOPER HIGH SCHOOL GYMNASIUM ADDITION AND TENNIS COURT PROJECT Background The City of New Hope and the Robbinsdale Area School District have begun an exciting collaborative project at Cooper High School, 8230 47th Avenue North. The City will provide funding up to a $3.25 million grant, primarily for the addition of two new gyms. The School District will in turn provide the City with priority use of the gyms and tennis facilities during non-school times. Project Description Construction began in February for the 182 foot x 111 foot gymnasium addition at the north end of the existing Cooper High School gymnasium complex. The building addition Will include two gymnasiums, storage rooms, concessions area, restrooms, and corridors. The main building entrance will be located on the west side of the building adjacent to the parking lot, which will be enlarged to provide more parking. The project also includes reconstruction of the five existing tennis courts and construction of two additional tennis courts immediately west of the five existing tennis courts; reconstruction of the sand volleyball court; reconstruction of the baseball field infield to address drainage problems, replacement of the baseball field backstops, and installation of new scoreboards; and construction of a trail around the perimeter of the building and leading to the ballfields to improve access for persons with disabilities. Project Schedule The project construction schedule, subject to weather and other construction issues, is as follows: · Week of April 24 Gymnasium wall construction and underground utility work. Week of May 1 Gymnasium roof member installation commences and continues through May 15. Sub grade work commences on tennis court reconstruction and addition through early June. · Week of May 15 Gymnasium roofing membrane/insulation work commencing in mid May and continues through June. early · Week of June 5 Gymnasium exterior brick installation through mid July. · Week of June 12 Baseball infield area drainage modifications proceed. 5/1/00 Request for Action Page 2 5-22-00 Since last fall, the developer has cooperated with City staff and acted in good faith to resolve all of the outstanding issues. Specifically, the following actions have been taken: 1. All seam openings in the soundwall have been sealed to the satisfaction of the Building Official. 2. Documents pertaining to the loading area noise management plan and lease language have been submitted to the City. (see attachment) 3. Staff has confirmed that appropriate signage has been installed. 4. Electrical outlets have been installed on the southeast and southwest comers of the building for headbolt heater use. 5. Drain tile has been installed to drain the Iow area between the soundwall and 54th Avenue and outlet into the parking lot. 6. Recently, the developer completed the post construction noise monitoring test required in the Development Agreement, which was the major issue remaining to be completed before the release of the bond. (See attached letter from Midwest Acoustics and memo from Building Official. The major noise issues identified during the test were from train whistles and birds on the roof; not trucking.) The City Engineer and Building Official are both recommending the release of the financial guarantee. It should be also noted that the building/property have been sold during the soundwall construction process, so any issues related to ongoing truck noise or issues with flocks of birds on the roof of the building should be discussed with the new owner of the property, not the previous owner who was responsible for the soundwall construction. Staff has not received any recent complaints from neighbors about trucking noise at night. Overall, staff feels that the terms and conditions of the Site Improvement Agreement have been completed and recommends release of the security. ATTACHMENTS · ResoLution · Developer Correspondence · Midwest Acoustics Reports · Building Official Memo · City Engineer Memo · Miscellaneous Correspondence · Lease Information PROJECT 660 Bulletin #3 8808 41sT AVENUE NORTH Update As you are aware, construction is underway on the new Habitat for Humanity home at 8808 41s~ Avenue North. Construction started on Monday, May 15, with slab and foundation work. The bulk of the new construction will take place this summer. There will be volunteers working on- site through July 4, when there will be a break for the holiday weekend. Construction will then resume through the end of July at a steady pace. Final punch list items are anticipated to be completed early fall. Overview Habitat for Humanity is constructing a new single family home of 1,300 square feet with three- bedrooms and an attached garage of 440 square feet. The lot's significant soil issues were remedied in early May with pilings. After the pilings were installed, the City transferred the lot to Habitat and construction began. Construction Hours Construction may occur between the hours of 7 a.m. and 9 p.m., Monday through Friday, and 9 a.m. and 9 p.m. on Saturday. All work, including the mobilization of equipment, takes place during these stated time periods. Site Contact Persons If you have questions or concerns regarding the construction project, contact Tony Beckstrom, the Habitat for Humanity Project Manager, at 612-331-4090, ext. 637. The City contact persons are Susan Henry, Community Development Specialist, at 763-531-5137, or Kirk McDonald, Director of Community Development, at 763-531-5119. The City of New Hope and Habitat for Humanity appreciate the cooperation of all residents in the area that are especially impacted by the higher volume of traffic in the neighborhood during the construction process. Thank you. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 5/25/00 Page 2 -- April 25, 20(}0 z.n. Conditional Use m Church claims it does not need conditional use permit WASHINGTON (3116100) -- Since 1990, Open Door Baptist Church used property in Clark County. The building was originally dew)led lo church pur- poses, but was used as an art school from 1978 until 1990. The property was located in the county's rural estate zoning district. Under the Clark County Code, churches were among the conditional uses listed for rural districts. Condilional uses were subject to conditional use per- mits. The purpose of the district was "to provide lands for residential living in the rural area. Natural resource activities such as farming and forestry [were] allowed and encouraged in conjunction with the residential uses in the area." in 1995, Open Door's pastor, Shanks, was served with a notice of violation from the counly for failing to have a conditional use permit for the church. Open Door was ordered to "cease all business activities or apply for a condi- tional use permit within ten (10) days from the date of this notice and order." Open Door appealed to the Clark County hearing examiner, arguing the notice and order was unconstitutional under both the state and the U.S. constitutions. The hearing examiner held a hearing on the issue. At the hearing, the pre- vious owner of the property testified she heard the realtor tell Shanks the build- lng was not approved as a church and needed a conditional use permit. The hearing examiner decided he could base his decision only on appli- cable land use laws. He found the properly was being used as a chnrch without the necessary conditional use permit and was not a nonconfi)mfing use "be- cause the right lo use the property for a church as a nonconfimning use expired when the property was not used as a church from 1978 to 1990." Open Door sued, alleging enforcement of lhe zoning regulations violated ils federal and state constitutional rights to free exercise of religion. The court found in favor of Open Door, stating "what is lacking from the county's presentation ... is a showing that less restrictive alternatives to a full blown conditional use permit with site plan review were considered." The county appealed. The appeals court reversed, finding the mere process of applying for a permit did not impose an unconstitutional burden. The ap- peals coufl noted there was no waiting period imposed in the code and, if the permit were approved, none of Open Door's rights would be affected. How- ever, it stated nothing in its decision affected Open Door's right to challenge a denial of the condilional use permit if its application was denied. Also, tile appeals coufl ruled the county had to ensure any fees did not burden Open Door's right to worship. Finally, the appeals court allowed Open Door to con- tinue its operations unimpeded pending resolution of its condilional usc permit application, given the county failed to demonstrate a compelling slate interest that would be affected by interim operation. Open Door appealed. Z.B. April 25, 2000 -- Page 3 DECISION: Affirmed. Open Door needed to apply fl~r a condilional use permit. The rural district code was facially neutral with respect to churches, and zoning ordinances were constitutional in principle as a valid exercise of the police power. Nonconforming uses were not few}red under tile law. When a nonconfllrm- lng use was in existence, il could no! be changed into a different kind of non- conforming use. Because the building was ;in art school for 12 years, any origi- nal nonconforming use status could not be passed along Ill Opeu Door. Open Door's burden in applying for a permil was based on little more than the inconvenience of filling out paperwork. ()pen Door did not show the counly's actions caused anylhing more than an incidental burden on Ihe free exercise of religion. There was no less reslrictive alternative to requiring Open Door to file applicalions and lbllow the adminislrative process. As a church, Open Door had no constilutional rigbl lo be free from reasonable zoning regulalions. Citation: Open Door Baptist Church i: Clark County, Supretne Court of Wa.~'hington, No. 67075-7 (2000). see also: State v. Gunwall, 72(i P2d ,~08 (1986L see also: City t~l'Sutltller v. Fir.st B,q,tist ('httrch. 6.t9 !: 2d 1358 (I 982). Conditional Use- Treatment facility's permit revoked because of sex olIenders TEXAS 13/23/00) ~ Texson Mam, gemeut (;r.up Inc. filed a conditional use permit application with thc city of Weslaco. On Ibc application, 'l~xson stated it wanted Io open a "residcnlial Iransilional Ircalmcnt cenler," or halfway house. The applicable city ordinance allowed Ihe city Io permil ceflain businesses Io operale wilhoul regard Io exisling zoning reslriclions. Mental, drug, or alco- hol group therapy cenlers were strictly defined as conditional uses Ihal needed a permit. The city could impose restrictions on these uses. However, lhe ordi- nance did nol provide a specific procedure by which such a penni( could revoked or terminated. Several pnblic hearings were held on Texson's application. Bonnet, lhe presidenl of Texson, leslified Texson operalcd "substance abuse treatment facilities," bul he did not elabmate on Ihe lype of offenders thc facility would house. Al a second hearing, a request was lnadc Io gralll TcXSOll a conditional usc permit "for Ibc purpose of establishing a facilily Io serve as a commu- nity tcsidcnlial ',mtl/ol rcsidcnlial oulpalicnl facilily for subslance abuse IIC;IIlIWI}I ]}lO~l'illllS ;llld house ollClldCFh [c}c;ISCt] on cOlnlntmily supervi- MOll 'par~}[c' [~c[vihit~II alit[ ('rilninid Justice" 'Iht IctlilCM c,IIIICd tllllillllIB}llsl), ,llld Iht' [)Cllllll wilh gFillllCd. Thc city's Page 2 -- May i O, 2000 Z.B. Z.B. ~ce~During conditional use application, city zoning ordi. llam'e~gulating pawn shops and currency exchanges passes MINNESOTA (4/04/(X1) -- Pawn America Minnesota L.L.C. applied for a conditional use permit to operate a pawnshop. At lhe lime, a Minneapolis cily ordinance required pawnshops lo be separaled from other pawushops and cer- lain olher restricted uses by al least 1,000 feet. After twice driving through Ihe area, planning deparlment slaff concluded there were no prohibited uses within l,OOO feet of the proposed site. At about the same time as Pawn America's application, two applicants plied fi~r conditional-use permils in the same area. One wanted to open a pawn- shop, and one wanted to open a currency exchange. A month after Pawn America's application, a local council member pro- posed an amendment lo Ihe zoning ordinances lhal would increase the separa- tion distance to 1,500 feet and add currency exchanges to the list of restricted uses. At the planning commission meeting where thc new amendment was dis- cussed, Pawn America's conditional usc permit was listed before thc amend- ment in the agenda. However, before the meeting, thc items on thc agenda wcrc reordered, and the amendment was discussed first. Thc minutes of that mccling stated the chair "had to leave" after thc vote on thc amendment, dc- priving Ihe commission of a quorum to consider Pawn America's application. At thc next meeting, the planning commission approved Pawn America's tap- plicalhm, with certain conditions. Aftcr several changes, including one that returned thc spacing requirement Io l,(gX) feet, the new amendment was passed at thc next meeting after Pawn America's application was approved. It became effective eight days later. Franzc, who lived less than one-half mile from thc propuscd Pawn America location, appealed thc commission's decision. Franze faxcd a document to thc commission alleging that if the new amcndmcnl applied to Pawn America's applicalion, a neighboring currency exchange would prcvcnt Pawn America from obtaining a conditional usc permit. Thc Minneapolis ordinance provided an "affected person" could appeal a commission decisiun to the city council within I 0 days of that decision. The city council's zoning and planning committee heard Franzc's appeal. Pawn America argued it was improper to reverse the commission's decision based on an ordi- nance thai was nol effective unlil two days after the appeals period expired. The committee voted to reverse the commission's decision. The city coun- cji lhen affirmed the decision. Pawn America sued. The court granled lhe city of Minneapolis judgment wilhout a trial. Pawn America appealed, arguing lhe amended zoning ordinance was in- valid because it was not rationally related to public heallh, safety, or welfare. Pown America also argued Franze's appeal was invalid because iF was based May 10, 2(XX) -- Page 3 on an ordinance that was nol ici cflect until after thc appeals period expired. DECISION: Affirmed. The oily was enlilled lo .judgmcnl wilhoul a trial. A zouing ordinance had a ralional basis if il had a Icgirmale govcmmenlal purpose aud il was ralional for the govcrnmcnlal body Io believe Iht legislalion would furlhcr lhal purpose. The cily explained ode of its reasons fl)r adopling Ihe amendmeul was Io prevenl urban blighl and resulling ec()nonlic disinveslmcnl. Prevenling urban blighl, fl)r bolh econoufic and aeslhelic reasons, was a legilimale govemmen- Iai objeclive. From Ihe infi)rmalion available, lhe oily could reasonably assmnc the con- cenlralion of bnsinesses such as pawnshops and currency exchanges presenled lhe danger of urban blighl. As such, lhe cily had a ralional basis Io ~lieve separating such businesses by a reasonable distance wuuld decrease lhal danger. Minneapolis ordinances neilher specified on whal grounds appeals could be broughl nor required a person filing an appeal Io slale any grounds. Because a person could file an appeal of a planning commission decision wilhoul speci- fying any grounds al all, Pawn America could nol rely on Franze's unneces- sary explanalion ()~'lhe grouuds for his appeal IO conlcnd his appeal was invalid. Franze's appeal slayed lhe planning ct)mnfission's aclion unlil Ihe city coun- cil acled on Ihe appeal. This made Pawn America's applicalion an ongoing oue, so lhe city properly applied Ihe new amendmenl as Ihe law Ihal was in efl~cl al lhe lime il fiually heard Franz's appeal. Citation: Pawn America Minnesota L.L C. sc City ~ff Minneapolis, Court t~ Appeals t~ Minnesota, No. C6-99-1702 (2000). see also: Arcadia Development Corporation v. Ci~ t~Bloommgton, 552 N. ~2d 281 (1996). see also: Cooper sc ~ttson, 187 N. ~2d 689 (1971). Ordinance ~ Conld commercial use spill into neighboring agricultural- residential zone? WISCONSIN (4/l I/00) --- Betlcndorf owned property that was zoned agricul- tural-residential, except for a 350- by 600-fool scctiou that was rczoned lo commercial ici 1985. Bellendorf operalcd several businesses on lhe commercial Iol. lie described il ;.is a truck repair shop and Iransfcr i)oinl, a parking Iol and Irailer staging yard, and a ltlHllll-t)inld ilrcll for semi-lraclor-trailcr unils. Most rccenlly, lie operaled a Irllckillg husincss, a shop for repairing vehicles, and ~1 freight Irailer warch~}tlSC oll Ibc pl ol~Cl'ly, lie al~o leased space 1o Madison Frcighl C¢~uApany. Bcllel~tl.ll' parked sclni-llailcl~, illb, J ;iJJowctJ his Cnll~loyccs Io park on Iht ad, jacenl agrictdlural rc~,idcnlial laropcrly. II is f) le d e II d i- e Page 6 -- May 10, 2000 z,g. When a zoning ordinance authorized a use by special permit, the denial of such a permit must be based on reasons of pnblic health, safely, and general welfare or because of express language in Ihe county's land-use plan. A municipalily could not base permit denial on uureasonably vague or sub- jective standards. When ;m entity's zoning ordinances specified slandards Io which a proposed plan musl confitrnl, il was arbitrary lo deny approval ufa plan that complied with lhe ordinances. County ordinances menlioned lhe pressures thai shoreland development created on areas where it was "people's desire to reside in an atmosphere where Ihe lakes can be enjoyed." The general policies of the ordinances stated shoreland areas should be developed in an orderly fashion to preserve the quality and environment of surface waters, and to protect certain areas from development. The board placed significant restrictions on the conditional use permits. While not an outright denial, this amounted to a severe limitation of a right generally reserved to riparian owners. The board's decision was based solely on comments of lake residents and a letter from a Departmenl of Natural Resources Fisheries Supervisor, who sim- ply stated any development would have an impact on aquatic life. In its application, BECA provided permits from the Department of Nalural Resources, statements from a surveyor, permit approvals, township approval, and an informal environmenlal assessment. There was no evidence snpporting lhe board's decision. Citation: BECA of Alexandria L.L.P v. Couaty of Doaglas, Court ~'Appeals of Minnesota, No. C2-99-1518 (2000). see also: Trisko ~: CiO, of Waite Park, 566 N. W. 2d 349 (1997). see also: Hurrle v. Cottttty of Sherburne, 594 N. W. 2d 246 (1999). .~//f~~ Small lot owner wants variance to expand house intn required !LLINOIS (4/06/00) -- Litke wanted to build an attached garage, add to exist- mg interior rooms, and construct an atlached covered porch for his house, tie requested variances to exceed the maximum allowable floor-area ratio and to encroach into the front yard, backyard, and side yard setbacks. At the hearing on the variances befure the Zoning Board of Appeals of the city of Highland Park, Weinslein, a neighbor of Litke, complained Litke could have completed plans for Ihe addition that would no! have required a variance. He also claimed Lilke failed to provide sufficient evidence for a variance. When Litke requested the variances, his home already encroached more than six feet into the required 12-foot side yard setback. Litke proposed ex- tending the existing.legal nonconfornfily for 33.4 feet so he could build an attached two-car garage. Lilke's architect presented his design for Ihe addition, ttis plan converled z.g. May !0. 2000 -- Page 7 the one-car garage inh} addilional kilchen space, tin added laundry room, and a mudroom. Under Green's plan, lhe extension of Ihe existing nonconformity would have no windows. Williams, senior planner for a land-use consulting firm, testified il would be extremely expensive to instead attach the proposed addition to the back of the house. Itc also slated Litke's small Ioi created a hardship and allowing the wsriance would not be detrimenlal Io the public welfiire or injurious Io other property in the neighborhood. Tickman, a real estate broker, lesfified the properly was functionally obso- lete and would be difficult lo sell. She said Ihe addition would increase the value of the property. Lilke testified his growing flintily needed the space and he loved the neigh- borhood and didn't want to move. The board determined the proposed side yard variation was nothing more than an extension of an existing legal nonconfi)rmity that harmonized well with the existing building. The board also found Weinstein's privacy would not be compromised and the trees would not be harmed by the proposed addi- tion. The board granted all Ihe variances, with Ihe cnndifion Iwo windows be put in the garage wall extension. Weinslein sued, and Ihe courl affirmed the board's decision. Weinstein appealed. DECISION: Affirmed. Litke was enlilled to the variances, Litke presented evidence that his lot was small compared tu other lois in the neighborhood and Ihal his home was functionally obsolete. Additionally, Ihe steepness of his backyard meant Lilke could nol practically conslruct an addilion to the back of the house. Weinstein either conceded thai Lilke was entitled to variances or showed Lilke's plans did not require variances. Due lo the circumstances of the properly, there existed a particular hardship if the zoning ordinance was strictly enfi~rced. Citation: Weinstein v. The ZotIittg Board t~'Appeals t¢'the City ~ Highland Park, Appellate Cottrt qf lllimds, 2nd Dist., No. 2-99-0631 (2000). see also: Karasik ~. City t{f Hi,~hland Park, 264 N.E. 2d 215 (1970). see alxo: Lim'oln Central A.¥.vociatiot~ i: Ztmin,k, Board t{f Alq~eal,¥, 332 N.E. 2d 510 (1975). Zooing Powers -- Smaller, neighboring city wants lo stop planned expansiun of St. l,nuis airport MISS()IIRI 1.1/I I/1)()} -- lh'itlgchm was il oily oulsidc SI. I~ouis. SI. Louis had ownctl and Ol)Cralctl I.anlbcll Airl).~l since thc 1020s. [.allibert Airporl was Iocalcd oulsitle olSl. I.mtis, in lhidgchm illld .Ihc~ ildjilCClll cilics in norlhwesl